Tuesday, April 18, 2006

Employment Law is Too Complex ?

Here's an article I found when I was doing the research paper for this class. This is an article printed in an UK newspaper, but I think the U.S. employers may face similar situiation.

Small businesses are finding it very difficult to cope with increasing amounts of employment legislation, according to the Federation of Small Businesses. The trade group says that calls to its free legal helpline on employment issues grew by 30% last year.
There were 70,943 calls to the helpline in 2005, up from 55,036 in 2004. Most calls related to disciplinary procedures.
Of these, the largest increases were seen in calls on dismissal, up to 7,583 calls from 2,771 (an increase of 174%) and grievances, which were up 118% to 2,442.
Queries on paternity and adoption leave grew 100% in 2005, while calls on employers' liability were up 96% to 736 and calls on flexible working grew 93%. Conversely, calls concerning unfair dismissal dropped 71% between 2004 and 2005, while calls on wrongful dismissal fell 76%.
“There are at least 26 Acts of Parliament on employment issues and it is tough for small firms to deal with all their requirements, as these figures show,” said Sandy Harris, FSB Members' Services Chairman.
He continued: “We do not want to repeal or reduce all legal safeguards for employees. But without a simplification of employment law small firms’ growth will continue to be stifled. If the Government wishes to achieve its aims for future economic prosperity then it should take its foot off the pedal on employment legislation.”

In my opinion, the figures show that employees are more educated nowadays; they know about their rights, and they know where to ask for help. But at the same time, as most employment laws are structured to protect employees, therefore some small businesses find some laws are difficult to cope with. I guess most employers may want to protect the rights of their employees, which are their most important assets, just that they may get confused because the laws are complicated. As far as I know, Australia, HK and UK government provides free or affordable ( depends on the size and financial background of the companies ) legal consultations on employment law issues. I do know know if the U.S government offers similar services for both employers and employees, but I am sure that kind of services can definitely help them to know more about their rights and responsibilities at workplace.

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