Employment law is critical to an organization allowing it to fulfill needs and business ventures applicable to state and federal laws. In this paper we will be discussing the laws that allow and disallow seasonal employees from another country to be able to work in the state of Georgia. In the paragraphs below I will explain to you the reader the scenario listed above, I will set a plan in accordance to the HRM situation, justify my approach to HR management, state the competitive advantage, and describe the situation that may occur from not properly following the appropriate laws.
Everyone has the right to work, and there are many opportunities in this country. In order to enjoy these liberties workers need to be documented in order to be legally able to work without consequence to them, and the company that they are occupying a position. Employment law consists in the body of laws and rules regulating civil rights and non-union related conduct in the workplace (Stewart, 2012). Civil rights include a workplace free from discrimination and harassment for people who fit into one of the legally protected class (Stewart, 2012).
Conduct law refers to equal and fair pay immigrant and employment at will laws (Stewart, 2012). These laws are the laws that are pertaining to the laws that are corresponding with the situation of seasonal employees from another country. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides employment-related protections to migrant and seasonal agricultural workers and is administered and enforced by the Wage and Hour Division of the U. S.
Department of Labor (DOL,2012). Within the confines of the law I came up with a plan for seasonal workers, first these are the parameters that we must follow. Every non-exempt farm labor contractor, agricultural employer, and agricultural association must:
* Disclose the terms and conditions of employment to each migrant worker in writing at the time of recruitment and to each seasonal worker when employment is offered, in writing if requested; * Post information about orker protections at the worksite; * Pay each worker the wages owed when due and provide each with an itemized statement of earnings and deductions; * Ensure that housing, if provided, complies with substantive federal and state safety and health standards; * Ensure that each vehicle, if transportation is provided, meets applicable federal and state safety standards and insurance requirements and that each driver be properly licensed; * Comply with the terms of any working arrangement made with the workers; and * Make and keep payroll records for each employee for three years (DOL. 012) The plan that we will use to manage the situation will be by appointing two or three HR professionals, and a project manager to oversee the project.
They will coordinate events as per the MSPA which regulates the seasonal workers. The MSPA requires farm labor contractors, agricultural employers, and agricultural associations, who recruit, solicit, hire, employ, furnish, transport, or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers (DOL, 2012).
Our plan resembles closely to what is already in state as per state, federal and local legislations. Human resource is the greatest asset that any organization possesses and it must ensure that this potential is harnessed to the maximum to contribute positively towards the growth of the organization (Amillionlives, 2010).
Every non-exempt farm labor contractor, agricultural and seasonal agricultural association must; disclose the terms and conditions of employment to each migrant worker in writing at the time of recruitment and to each seasonal worker when employment is offered in writing (DOL, 2012). HR management would use this information to aide in writing the offers of employment for the migrant and farm workers. There are many competitive advantages of HRM practices meets the employment laws, typically business are more competitive with a structured HRM practice in place.
Having an HRM in place makes it easier to organize employment according to the laws. An effective HRM in a competitive advantage will use information provided from the Department of Labor (DOL), one instance that would be useful in this situation is Employers must provide each migrant and seasonal day-haul worker with a written disclosure at the time of recruitment that describes the terms and conditions of his or her employment. When offering employment, the employer must provide such isclosure to all seasonal workers upon request. The disclosure must be written in the worker’s language. If the HRM is effective they will be able to utilize different commodities of the job in order to provide the service as per employment laws and contract obligations. If the situation of the need for seasonal employees who may be from another country were not to follow proper laws could result in major fines and penalties to the company.
Ethics related problems are faced by the organizations whenever there is a practice of using favoritism rather than ability or job performance for managerial decisions regarding employment, promotion, pay and discipline. These problems can be reduced and eliminated by maintaining the highest standards of professional and personal conduct, encouraging employers to make fair and equitable treatment of all.
Severe penalties may arise from the state and federal departments for not following proper protocol. Immigration may also be informed of the situation due to the fact that they are dealing with non-citizen workers. In the paragraphs above I have explained to you the reader the scenario of the seasonal workers, provided a plan, justified the approach of HR management, competitive advantage, and provided the consequences that may arise from not following proper laws and protocol.