Although it is true that inter-personal relationships shouldn’t be regulated by law and legally binding documents, sometimes, there’s simply no other way. Regardless of the previous agreements, current situation, and some extraordinary circumstances, there are certain rights and privileges that every employee has guaranteed by local, regional and national laws. Needless to say, this is something that both employers and employees should be aware of in order to avoid some moral and legal gray areas. With this in mind, there are certain workplace employee rights that everyone should know.
Although it is true that inter-personal relationships shouldn’t be regulated by law and legally binding documents, sometimes, there’s simply no other way. Regardless of the previous agreements, current situation, and some extraordinary circumstances, there are certain rights and privileges that every employee has guaranteed by local, regional and national laws. Needless to say, this is something that both employers and employees should be aware of in order to avoid some moral and legal gray areas. With this in mind, there are certain workplace employee rights that everyone should know.
Fair wage
Even though it is debated what the amount of a minimum wage should be, there is usually a prescribed legal minimum that every employee is due to receive per hour of work. However, the lack of such laws isn’t something present only in third world countries. In fact, the Scandinavian region, alongside Switzerland, is an example. Nonetheless, these countries have some of the strongest workers-union cultures, as well as some of the most unionized populations in the world. Due to this, worker exploitation cases are quite rare.
Freedom from Discrimination
Discrimination in the workplace is an incredibly complex issue, made even more difficult to handle due to two major problems. First of all, it is incredibly hard to describe what discrimination is with pinpoint accuracy, especially because it comes in so many different forms. Sure, discrimination of any kind should never be allowed; however, sometimes people tend to misinterpret even some of the most basic human interactions or deliberately choose to do so in order to file a lucrative lawsuit.
The second problem with discrimination lies in the fact that it’s omnipresent. Every day, we see new cases of discrimination based on one’s traits of personal identity. We’re talking about things like one’s sex, nationality, sexuality, race or religion. This is particularly the case when the employee in question is someone who’s recently migrated to the country. In that case, seeking legal advice from experts in immigration law like Withstand lawyers might seem like the most logical first step.
Apart from this, one’s physical appearance or medical condition might also become a target of inter-office ridicule, which is also completely unacceptable. Either way, this is an issue that needs to be addressed by the HR department (not unlike many other items from this list).
Freedom from Retaliation
While the “don’t-shoot-the-messenger” policy may seem like common sense, you would be surprised just how commonly a whistleblower gets in trouble. Sure, making a mistake is something that usually bears repercussions, but simply pointing to a mistake that no one else wants to acknowledge is not something that should backfire. Unfortunately, this is often the case. In fact, sometimes the situation may become so extreme that your boss keeps seeking vengeance long after the situation has blown over. If that is the case, you need to understand that this is a textbook example of bullying, which is a reportable offense. In other words, this is something your HR department should know about as soon as possible.
Personal Privacy
One of the most difficult employee rights in the workplace is the right to privacy. First of all, this is due to the fact that your right to personal privacy in the office isn’t absolute. Your boss has the absolute right to know what you’re doing on a company computer during your work hours. In fact, they even have the right to monitor your activity in the digital world via third-party software. On the other hand, they don’t have the right to snoop around your personal messages or emails, that you choose to respond to during your break. In order to keep things simple, however, you might want to better segregate your time and responsibilities during work hours.
Contract Limitations
Finally, by law, you are only required to adhere to those duties, responsibilities, and obligations that are previously stated in your employment contract. Unfortunately, a lot of people fail to read the fine print, which ends up being quite problematic. On the other hand, your employer isn’t free to put absolutely anything in a contract. Keep in mind that a contract is a legal document and if every point specified within the contract isn’t in agreement with the local law, then those clauses in the contract are legally invalid. To make the long story short, regardless what you’ve signed, there are some things that simply aren’t legally allowed.
Both as an employee and as an employer, you’re walking a thin line between what is necessary, what is preferable, and what is allowed. Sure, in an ideal world, we wouldn’t need laws to regulate inter-personal relationships between people who work and live in the same environment; however, this world is all but ideal. Therefore, it is much better to have these employee rights as a safeguard. It is better to have these rights guaranteed by law than to lack them altogether.
[Editor’s note: This article focuses on Australian law. However, there are only minor differences between Australian law and U.S. law as regards this topic. If you are outside of Australia, it is wise to consult a lawyer in your geographic area for advice.]
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