You are required to write a 2000-2500-word paper, approximately eight-ten pages,

Question

You are required to write a 2000-2500-word paper, approximately eight-ten pages, that identifies an issue within an organization of your choice, related to one or more topics covered in this class.

You will then be asked to develop a risk management plan to mitigate liability for this organization related to these issues. For example, this organization may have had a complaint of some type of discrimination. Please describe the situation, identify relevant laws and company policy, describe how the situation should have been handled, and create a plan to reduce future risk.

Your paper should include the following: ·

A brief description of the situation

· Identification of legal issues involved

· A review of relevant organization/company policy

· A review of applicable laws

· A comparison between how the organization handled the situation and how it should/could have been handled

· A risk management plan to mitigate the organization's future liability

· Your recommendations to the organization

This paper is designed to give you the opportunity to demonstrate your comprehension of human resource law by identifying issues, relating them to the law, and creating plans to reduce organizational liability in the future. You should utilize outside sources when appropriate to support your analysis and recommendations - specifically utilizing corporate information sources, professional journals, peer-reviewed sources, and court cases.

Explanation / Answer

Situation 1- A worker working in the factory met with a certain injury while working in machine.

Legal issues involved- Workers in the factories are facing problems related to health and safety and welfare. More than 200 workers are working in the factory.

Organisation policy- The factory do not follow proper provisions and they hardly have any policy to pacify workers in case they face any accidents, injury, etc.

Applicable law- Factories Act, 1948. The Factories Act came into existence to protect children and to provide benefit the workers in case of health, safety and welfare issues. The purpose of the Act is to make provisions for leave and hours of work in the factories. Further it has stringent provisions related to employement of women and young persons.

Comparison between organisation handling the situation and how it should have been handled- The factory in which the worker was working met with an injury in the hand due to which it started bleeding and he could not work further. The productivity hampered and all the other workers started to help him and cure him. The organisation does not have any facility of First aid boxes and ambulance.

As per the Factories Act, 1948, the factories should have at least 1 First aid box per 150 workers. In order to cure the worker and make them work comfortably in the factory, the factory could have taken steps to provide facilties in case workers face the injury. This could have improved the morale of workers and they could not have any fear of such incidents. The other workers working in the same factory had a negative impression for the working environnent of factory and they did not feel safe to work further. In case the owner of the Factories could have taken steps to provide certain medicines and ointments to cure the worker, it could have managed the situation well. But when workers dont't get proper facilities, they go against the organisation and loose to show interest to work further. The organisation would ultimately have to incur losses.

Risk management plan to mitigate organisation's liability- In order to get rid of the situation where the worker is at risk and gets and injury while working and to maintain healthy relations with workers, the Occupier of the factory should be very well versed with the provisions of the factories. In order to mitigate organisation's liability for future, there should be facility of First aid box for every 150 workers and ambulance facility in case more than 500 workers are working. Adopting these measures would improve the psychological stress among workers in case of risky situations and further they would come out of any physiological pain and injury.

Recommendations- Every act has been implemented keeping in view what employees and workers face in the organisations. Based on some real life incidents, there were various amendements in the act. To create healthy environment in the factories, the Occupier should have complete knowledge of all the provisions and every factory should strictly adhere to the regulations. This would provide safety to the workers and they would feel happy to work for the organisation.

Situation 2- Workers went for a strike in the organisation as they were not getting timely wages due to which organisation started terminating the workers

Legal issues involved- The management is not cooperating with workers in providing salary on time.

Organisation policy- Every organisation follows the policy to provide timely salary to workers but here organisation is delaying in paying the salary to workers. The management has a very casual approach in providing timely payment due to which it has very negative reputation among workers.

Applicable law- Industrial Disputes Act, 1947 was implemented to prevent disputes between employers and employees. For this, there is a machinery involved in solving matters in the organisation.

Comparison between organisation handling the situation and how it should have been handled- Under the Industrial Disputes Act, 1947, there is a proper machinery in settling disputes:-

Conciliation machinery- Works Committee, Conciliation officers, Board of Conciliation, Courts of enquiry

Adjudication machinery- Labour Courts, Industrial Tribunals, National Tribunals

Arbitration- Voluntary and Compulsory arbitration

The organisation does not provide salary to its employees regularly due to which employees are going against the management and opted to go for strike. When the workers called for a strike and provide proper intimation and prior notice to the management regarding the step, the management showed casual approach in handling the situation due to which workers became more aggressive. All the workers showed unity. They went for a strike and stopped working.

When the workers went for a strike, the management started terminating the workers immediately without any proper notice. This is against the provisions of the Act and as per its provisions, the management should have provided the proper notice to the workers before discharging.

Risk management plan to mitigate organisation's liability- Every time the organisation take steps to discharge employees, they should provide proper notice prior to discharging the employees. If these steps were not taken and the worker's issues are not solved by the management, then they have a right to file a case against the management in Industrial Tribunals.

Schedule III of the Industrial Disputes Act, 1947 list the matters to be solved by Industrial Tribunals. These are related to wages, hours of work, rest intervals, allowances, etc.

In case the workers go to Industrial Tribunals to solve their matters, this would hamper the growth and will degrade the reputation of the organisation.

So in order to prevent such disputes, the organisation should try to solve the matters with the mutal cooperation with employees and workers and should provide wages on time as per the provisions.

Recommendations- The growth of the organisation is with its employees and workers. The workers demanded their salary and provided proper intimation and notice to the management before going for a strike. The management could have solved the matter by discussing with employees and they did not gave any weightage to this matter due to which employees became more aggressive.

Prior notice is mandatory before discharging the employees and the case can be filed against the management in taking any wrong action. So, the organsiation should adhere to proper rules framed.

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