Essay on Legal rights
Explain the difference between an employee’s legal rights and moral rights.
Legal rights of employees are determined by existing legal norms and written laws. Moral rights of employees do not have material or legal manifestations. Instead, moral laws have cultural implications.
Explain three different meanings of a right to work. Which, if any, do you think should be among the moral rights of employees?
The right to work is the right to exercise one’s skills and abilities to earn money. The right to work is the right for employment that matches the qualification and occupation of employees and interests. The right to work is the right for the fair and just employment. The last definition should be among the moral rights of employees.
What is the legal doctrine of employment at will? Explain three different legislative or judicial limitations on this doctrine. Do you think any are unreasonable?
The legal doctrine of employment at will is grounded on the right of employer to hire and fire employees, if employees cannot perform their functions or if employees are not required for employers to perform specific jobs.
What is the definition of due process? How does this relate to the concept of just cause?
The due process is the respect of all legal rights of individuals by the state. The due process may be neglected in case of the just cause that allows uncovering private information of individuals in the course of investigation of crimes, for example.
Explain and evaluate four major counterarguments to due process rights in the workplace.
First, specificity of some jobs, like emergency services, implies the possibility of neglecting some basic rights, like the right to strike. Second, employers take decisions concerning business development and employees’ rights cannot be always protected, if the employer runs bankrupt or changes business policy. Third, employees can misuse due process for their benefits to gain better working conditions, for example. Fourth, the government cannot interfere in private business because it violates rights of employees.
Explain what you take to be the strongest argument in defense of an employee’s right to participate in managerial decision-making. Explain what you take to be the strongest argument against such a right.
The strongest argument for the participation of employees in managerial decision-making is the contribution of employees to the organizational performance and the dependence of employees on decisions taken by managers.
Explain how individual bargaining between employer and employee would be the preferred method of the economic model of corporate social responsibility for establishing a healthy and safe workplace. Describe at least two objections to this approach.
Individual bargaining would help to determine working conditions and responsibilities of employees that would match interests of both employees and employers. However, there is the risk of disparities that may be treated as unfair employment because of different bargaining power of different professionals and possible conflicts between employees, who have managed to bargain different conditions of work.
Explain how the nature of the employer-employee relationship helps to determine the extent of privacy in the workplace.
The nature of the employer-employee relationships helps to determine the extent of privacy in the workplace by the degree of protection of employee’s private information.
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