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3. Maintaining Human Resources
3.1 Employee Rights and HR Communications: An overview
Employer-Employee relations: DefinitionEmployee relations are a
set of human resource practices that seek to secure commitment and
compliance with organizational goals and standards through the
involvement of employees in decision-making and by managerial
disciplinary action.
Employee Relations: Covers communications, employee
participation in management decisions, conflict and grievance
resolution, trade unions and collective bargaining.
Employee means any person of any age(beyond minors) employed by
an employer to do any work for hire or reward under a contract of
service; and includes a home worker, or a person intending to work;
but excludes a volunteer.
Employer means a person employing any employee or employees; and
includes a person engaging or employing home worker.
The Employment Relations Act may enlarge/restrain definition of
employer and it is referred to managers and other people who act on
the employers behalf.
Employee or independent contractorContract of service- Governs
relationship between an employer and an employee.
Contract for services- Governs relations between an employer and
an independent contractor.
Who Constitutes an Employer?
Depending on the applicable statute or provision, an employer is
one who employs or uses others to do his work, or to work on
his/her behalf.
Most statutes specifically include in this definition employment
agencies, labor organizations and joint labor-management
committees.
Why is it Important to Determine Whether A Worker is an
Employee?
There is not merely one definition of who constitutes an
employee. The answer will vary depending on the court, the issue
and the statute to be applied. The issue, however, must be
determined because of the following concerns.
Discrimination and Affirmative Action- Anti-discrimination
statutes only protect employees from discrimination by
employers.
Cost Reductions.
By hiring employees:
1.Employees are more expensive to employ due to the above
regulations that require greater expenditures on behalf of
employees, as well as the fact that others must be hired to
maintain records of the employees.
2.In addition, by hiring independent contractors, the cost of
overtime is eliminated (the wage and hour laws do not apply to
independent contractors) and the employer is able avoid any work
related expenses such as tools, training or traveling.
How Do You Determine Whether a Worker is An Employee?
When the following factors are satisfied, courts are more likely
to find employee status.
a. Instructions: A worker who is required to comply with other
persons' instructions about when, where, and how to perform the
work is ordinarily considered to be an employee.
b. Training: Training a worker indicates that the employer
exercises control over the means by which the result is
accomplished.
c. Integration: When the success or continuation of a business
depends on the performance of certain services, the worker
performing those services is subject to a certain amount of control
by the owner of the business.
d. Services Rendered Personally: If the services must be
rendered personally, the employer controls both the means and
results of the work.
e. Hiring, Supervising and Paying Assistants
f. Continuing Relationships
g. Set Hours of Work
h. Full Time Required
i. Doing Work on the Employer's Premises
j. Furnishing Tools and Materials
k. Payment by Hour, Week, or Month
l. Payment of Business and/or Traveling Expenses
m. Realization of Profit or Loss
n. Right to Discharge
o. Right to terminate
Employee Responsibilities
Employees have moral obligations to:
respect the property of the corporation
abide by employment contracts, and
operate within the bounds of the companys procedural rules.
It is legally established that an employer has a right to
loyalty
Contingent or Temporary Workers
Contingent Workers
A person who works for an organization on something other than a
permanent or full-time basis
Independent contractors
On-call workers
Temporary employees
Contract and leased employees
Part-time workers
When utilizing contingent and temporary workers, the advantages
and disadvantages must be considered.
Although contingency or temporary workers provide a cost savings
as a short term benefit, depending on their classification, they
could be entitled to protection under the employment laws.
WHY FORMING THE EMPLOYMENT RELATIONSHIP
The employment relationship has both economic and social
dimensions. Employers are willing to pay wages and salaries and
provide other benefits in order to have work done and workers are
willing to accept those rewards as the economic base for their
lifestyles. In addition, peoples work provides them with personal
identity, and the workplace offers them opportunities for social
interaction.
- The employment contract or employment agreement, which
establishes the formal and legal relationship of employer and
employee, and is subject to the requirement of legislation;
The psychological contract, which embodies all our assumptions
and expectations about employment in a job and organization, and is
formed through the process of induction and socialization.
At the heart of the employer-employee relationship is a duty of
mutual respect
Employers obligations
To pay wages;
To provide work;
To provide a safe workplace and safe work systems;
To reimburse expenses or losses;
The employees obligations
To be present at work;
To obey lawful and reasonable orders;
To exercise reasonable care;
To work faithfully and honestlyState sector employment
Employees should fulfill their lawful obligations to Government
with professionalism and integrity.
Employees should perform their official duties honestly,
faithfully, and efficiently, respecting the rights of the public
and their colleagues.
Employees should not bring their employer into disrepute through
their private activities.
Collective employment agreement An agreement that is binding
on
- one or more unions, and
- one or more employers; and
- two of more employees.
Law of Agency
An agent is subject to his principal to act solely for the
benefit of the principal in all matters connected with his agency.
Specifically, the agent is also under a duty not to act or speak
disloyally, and the agent is to keep confidential any information
acquired by him as an employee that might damage the agent or his
business.
Individual employment agreement. An agreement entered into by
one employer and one employee who is not bound by a collective
agreement that binds the employer.
Individual agreements should contain the following
information:
The name of the employee and employer;
A description of the work to be performed by the employee;
An indication of where the employee is to perform the work;
An indication of the arrangements relating to the times the
employee is to work;
The wages or salary payable to the employee;
A plain language explanation of the services available for
employers and employees to resolve any employment relationship
problems.
Types of individual agreements:
Fixed term agreements;
Probationary appointments.
Forming the employment contract
Agreement;
Consideration;
Intention to create a contract;
Capacity;
Consent;
Legality.
According to the Employment Relations rules, the employer
must:
- Provide the intending employee with a copy of the
agreement;
Advise the intending employee that she or he is entitled to seek
independent advice about the agreement;
Give the intending employee a reasonable opportunity to seek
such advice.
Implied terms
Hours of work;
Public Holidays;
Annual holidays;
Special leave.
Employee-Employer Relations: Two types of employment
relationships
1. Independent Contractor - One who contracts to perform some
task for a fixed fee but is independent of the control of the other
contracting party as to the means by which the contract is
performed except to the extent that contract sets forth
specifications and requirements to be followed. No principal-agency
relationship.
ADVANTAGE: Liability avoidance for the Principal.
2. Employer-Employee - One who performs work for an employer and
is under the employers control both as to the work to be done and
as to the manner in which it is to be done.
KEY: Does the employer control the doing of the work.
Employment & Employee Rights
What rights do employees expect their employers to protect?
Employment at will doctrine: Employees remain employed only if
both the employer and the employee want the employment relationship
to continue
Employment & Employee Rights
Exceptions to the at-will rule
a. Illegal firing
Public Policy Exception
Refusal to perform illegal act
Acts performed in public interest
Jury duty
Whistle-blowing
Breach of contract
Written employment contract
Implied
Length of employment
Regular promotions
Promise of permanence
Positive reviews and/or lack of warning of poor performance
The importance of the employee handbook
Defamation
Method of firing cannot be defamatory
Loss of good name
Impact on employment
Crime, incompetenceRight to privacy
A. Drug Testing
Privacy v. safety
Federal employees affecting public safety e.g.
Transportation
Varying state laws
B. Aids Testing No pre-employment testing
C. Information Gathering and use
a. Background checks
Arrest data
Credit history
workers compensation
b. Necessary Record Keeping
Job related and specific purpose
No release without consent
Right to know
Employment Discrimination
Employers are restricted from discrimination based on ethnicity,
race, religion, region, age, gender, etc.
Disparate Impact Discrimination
Occurs when job requirements result in disproportionate work
force composition
No discriminatory intent required
Burden of proof on plaintiff
Focuses on validity of hiring practices
Employment Discrimination
Sexual Harassment:
Two types
Quid pro quo
Boss asks for sexual favors in return for promotion
Hostile environment
When there is no exchange sought, but the working environment is
characterized by harassment
Reasonable person V. reasonable woman standard
Recovery for a sexual harassment claim does not require the
plaintiff to prove that she suffered damage to her psychological
well-being
Vicarious Liability - Employer held liable for conduct of
employee
Employment Discrimination
Affirmative Action:
Applicable to federal contractors
Incentives
Employment goals and timetables
compensatory justice
Problems
Reverse discrimination
Poor implementation ( quota system)
Biased towards large corporations
Diversity -An alternative
Demography or ethnicity driven
Advantages of diversity
(The Federal Civil Servants Proclamation (No. 515/2007)
prohibits discrimination.)
Management Concerns
Job Descriptions
An employer should:
create a written job description for the position to be filled;
and
determine what qualifications are required of the person filling
the position.
Factors used in considering whether a duty is essential
include:
whether the position exists to perform the function
whether the function is one that a limited number of employees
can perform
whether the function is so highly specialized that the person
performing it must have particular expertise or ability to perform
the function
Management Concerns
Job Qualifications
In addition to creating written job descriptions, an employer
should determine what qualifications are required of the person
filling the position. This should be done before the employer
begins accepting applications or resumes. Qualifications might
include considerations such as:
education
skills
experience
necessary licenses
specialized training
Employment-at-will Principle
The freedom of the employee to quit, the freedom of the employer
to fire, and the right of the employer to order the employee to do
his bidding define the essence of the employment contract.
Employee Disobedience
An employees job is protected under common law if an employee
disobeys an employer on the grounds that the employer ordered him
to do something illegal or immoral.
Bill of Rights
Employees may be protected against government infringements of
the Bill of Rights, but they are not protected against corporate
infringement of these rights.
Why?
Inefficient breakdown in discipline
Employee Rights
Due Process means by which a person can appeal a decision in
order to get an explanation of that action and an opportunity to
argue against it.
Procedural Due Process the right to a hearing, trial, grievance
procedure, or appeal when a decision is made concerning
oneself.
Employment-at-will Justifications:
Proprietary rights of employers
Defends employee and employer rights equally
An employee voluntarily commits to certain responsibilities and
loyalty
Due process rights interferes with efficiency and
productivity
Legislation and regulation of employment relationships undermine
the economy.
Problems:
Analogous to considering employees as a piece of property
Arbitrary treatment of employees extends prerogatives to mangers
that are not equally available to employees
If there is an expectation of employee loyalty, this should be
reciprocated
The institution of due process in the workplace is a moral
requirement consistent with rationality and consistency expected in
management decision-making.
The Fairness of the Contract at Will
Freedom of contract is an aspect of individual liberty.
The individual parties have better information about their
preferences
The contract is sought by both parties
Rules out the use of force or fraud
The Utility of the Contract at Will
The issue is how to maximize the gain form the relationship,
which is dependent upon minimizing employee and employer abuse
Monitoring Behavior
Reputational Losses
Risk Diversification and Imperfect Information
Administrative Costs
Distributional Concerns
Those who tend to slack off seem to be most vulnerable to
dismissal under the at-will rule
Is an Employer Morally Entitled to Loyalty?
The duty of loyalty is a prima facie duty
When a corporation is engaged in activity that is seriously
wrong, employees may have a higher obligation to be disloyal to
their employer and blow the whistle.
Whistleblowing
There are two sides:
Those who view them as civic heroes, and
Those who view them as finks
Whistleblowing: persons who sound an alarm from within the very
organization in which they work, aiming to spotlight neglect or
abuses that threaten the public interest
Whistleblowing and its effect on trust
They try to portray themselves as acting on behalf of an
interest higher then their own the public interest.
Believe that there is a substantial audience who will attend to
their disclosures They are leveling an accusation of neglect or
abuse at particular persons within the corporation.
The end, not the group per se, commands group members
loyalty.
The wrongness in whistleblowing is found in acting to destroy
workplace atmosphere if and when this destruction could have been
avoided.
Responsibilities of the Firm
Provide a forum for free and open discussion
Examine the tasks they impose on employees
Grant employees access to information about company
practices
Critically examine their actions
Responsibilities of the Whistleblower
Must be willing to come forward and be identified
Critically examine the position they are being asked to
assume
Seek out and consider the implications of available
information
Critically examine their actions
Managers are required to consider all activities to ensure that
employees are treated fairly.
The laws regulating employees rights relate to the following
areas of employment.
Fair Labor Standards - prohibits child labor, sets a minimum
wage and maximum working hours.
Equal Pay - men and women doing equal work will get equal
pay.
Work Place Safety - mandates procedures for safe working
conditions.
Unionization- Unions represent workers interests in
organizations any employee has the right to form and/or to be a
member
Job Description- receive a written job description for the
position to be filled or task to perform
(Refer Federal Civil Servants Proclamation No. 515/2006 and
Labor (Amendment) Proclamation NO. 377/2003, ex. Labor Proclamation
No. 42/1993)
The Ethiopian Case: Labor rights in the Constitution
The Constitution of Ethiopia contains a full chapter (Chapter 3)
on fundamental rights and freedoms. The fundamental rights have
been grouped under the headings, Human Rights and Democratic
Rights. The Constitution guarantees rights and freedoms, inter alia
equality before the law, equal protection under the law, freedom of
speech and expression, freedom of religion, belief and opinion,
freedom of assembly and association, freedom of person, freedom
against jeopardy and ex post facto laws, the right to property.
Labor rights in the Constitution
The Constitution of Ethiopia contains a full chapter (Chapter 3)
on fundamental rights and freedoms. The fundamental rights have
been grouped under the headings, Human Rights and Democratic
Rights. The Constitution guarantees rights and freedoms, inter alia
equality before the law, equal protection under the law, freedom of
speech and expression, freedom of religion, belief and opinion,
freedom of assembly and association, freedom of person, freedom
against jeopardy and ex post facto laws, the right to property.
Among these fundamental rights, a whole range of general
principles of labor rights are firmly anchored in the constitution.
The constitution provides four principles such as the right of the
security of the person (Article 16 of the Constitution), the
prohibition against inhuman treatment and the abolishment of
slavery and servitude (Article 18 (2)) and forced and compulsory
labor (Article 18 (3) and (4) of the Constitution).
General Freedom of Association is laid down in the Constitution
(Article 31, for any cause or purpose), and specified in Article
42, Rights of Labor, which reads: Factory and service sector
employees, peasants, agricultural workers, other rural workers,
government employees below a certain level of responsibility and
the nature of whose employment so requires, shall have the right to
form associations for the purpose of improving their economic and
employment conditions.
This right shall include the right to form trade union and other
associations, and to negotiate with their employers and other
organizations affecting their interests. The Right to Strike is
explicitly mentioned in Article 42 (1) b) of the Constitution. This
article, in its paragraph 2, also lays down the right to reasonable
limitation of working hours, to rest, to paid leave and to healthy
and safe working environment.
Article 35 of the Constitution deals with the rights of women,
such as equality with men (Article 35(1)), in particular in
employment, promotion, pay and the transfer of pension entitlements
(Article 35(7), and 42 (1) d)). The Constitution grants the right
to maternity leave with full pay, as well as prenatal leave with
full pay, in accordance with the provisions of the law (Article
35(4) a) and b)).
Pursuant to Article 36 on the rights of children, every child
has the right not to be subject to exploitative practices, neither
to be required not permitted to perform work which may be hazardous
or harmful to his or her education, health or well-being.
Employee Rights: The new Labor Law
Labor Proclamation 377/2003 amends the previous Labor
Proclamation on the following points:
It defines managerial employees in Article 3 (2) c);
It introduces an obligation of employers to maintain
records;
It tightens the legal procedure by setting several new
deadlines;
It introduces a clear ban for compulsory HIV/AIDS testing
(Article 14 (2) d);
It strengthens the workers' position in case of termination
(Article 27 (2) and (3);
It clarifies regulations on severance pay and compensation,
disablement payment and dependants benefits (Arts. 39, 40, 109,
110);
It creates the full guarantee of freedom of association by
abolishing trade union monopoly (Article 114), provided that the
number of members of the union is not less than ten;
It recommends regulations on trade union property to be included
into the constitution of workers' organizations (Article 117 (12)
(new));
It clarifies the cancellation of a union to be effective only
after a court decision (new Article 120 (1));
It introduces a simpler system of collective bargaining and
labor dispute settlement, with specified time limits to speed up
the resolution of conflict (Articles 130 (2), 142 (3), 143 and
151);
It intends to improve the efficiency of the Labor Relation
Boards (Articles 145, 1474 (4), 149 (6), 150, 153 and 154);
It restricts the definition of essential services (Article 136
(2)), excluding railway and inter-urban bus services, filling
stations and banks, thereby entitling workers or employers of these
undertakings to the right to strike or lockout.
Other sources of labor regulation
The major sources of labor law are federal regulations, above
all the new Labor Proclamation No. 377/2003, some collective
agreements, work statutes and some government's ordinances, for
instance in the field of occupational Safety and Health
regulations. However, as Article 3 (2) of the Labour Proclamation
excludes certain groups of workers from the application of the
Proclamation, the following Acts may be considered, too:
The Civil Code (Civil Code Proclamation, No. 165/1960), title
XVI, Contracts for the Performance of Services, specifically
Articles 2515 to 2639, which contain regulations on general
employment contracts, specific forms of employment, such as for
domestic servants living in, ed alter, and wage regulations;
Proclamation No. 260/1984 and the regulations issued by the
Ministry of Education for the employees of public schools, as
amended by Proclamation No. 217/2000 .
The Central Personnel Agency and Public Servants Order of 1961
(as amended by Order No. 28/1962) and the Public Service
Regulations No. 1/1962 (contemporarily under review), which apply
to all public servants and state employees.
Contract of employment
Permanent and fixed-term contracts of employment
As a rule, the contract of employment is concluded for an
unlimited period (Article 9, Labor Proclamation, No. 377/2003),1
except for those listed under Article 10 that allows certain
contracts for a definite period of time or a definite piece of
work.
The duration of a fixed-term contract must be set according to
objective conditions such as a specific end date, the completion of
a specific task, or the occurrence of a specific event. It must
also in principle be based on the justification, which are
specified under Article 10 (1) to (7), which comprises among others
motives like the temporary replacement of a permanent worker,
urgent and abnormal pressure of work, or seasonal work.
If the employee wants to claim the ineffectiveness of a
limitation, he or she must take legal action within three weeks
after the agreed ending of the employment contract. An employee who
is employed for a fixed-term must be given treatment equal to that
given to full-time employees employed to do similar work (Articles
4 (2) and 3 (2)).
Any contract of employment shall meet the requirements of
Article 4 (1) to (5), namely it shall be clear, specifying the type
of employment, the rate of payment and the duration of the
contract. The contract shall not lay down less favorable conditions
for the employee than those provided by law, collective agreements
or work rules.
There is no specific form requirement, but where the contract of
employment is not made in a written form, the employer shall issue
a written contract within fifteen days (Article 7(1)).
Special Contracts of employment
Home Work Contract
Article 46 defines the home work contract, and entitles the
Minister to give further directives. These directives are not yet
proclaimed and in force.
Contract of Apprenticeship
Contracts of apprenticeship, or vocational training, which
primarily intend to train young people in a profession, are
considered as special contracts of employment. Articles 46 to 51 of
the Proclamation not only define the nature of these contracts, but
poses a special obligation on the parties related to the nature of
this contract, and specifies the grounds for termination.
Contracts beyond the scope of Application of the Labor
Proclamation
Under Article 3 (1), the Labor Proclamation is applicable to
employment relations based on a contract of employment that exists
between a worker and an employer.
However, notwithstanding this general definition, Article 3 (2)
of the Labor Proclamation excludes certain special groups from the
application of the Proclamation, in particular:
contracts for the purpose of upbringing, treatment, care or
rehabilitation;
contracts for the purpose of educating or training other than as
apprentice;
contracts relating to persons holding managerial posts who are
directly engaged in major managerial functions of an undertaking
(...);
contracts of personal service for non-profit making purpose;
contracts relating to persons such as members of the Armed
Force, members of the Police Force, employees of state
administration, judges of courts of law, prosecutors and others
whose employment relationship is governed by special laws;
contracts relating to a person who performs an act in
consideration of payments at his own business or trade risk or
professional responsibility under a contract of service.
The Council of Ministers is also given power to determine the
applicability of this legislation to workers employed in foreign
diplomatic missions and international organizations within the
territory of Ethiopia as well as those employed in religious and
charitable organizations (Article 3 (3)).
Probation
When concluding a contract of employment the parties may agree
on a probationary period for the purpose of evaluating his or her
suitability to the job (Article 11 (1)). Such an agreement needs to
be done in writing and shall not exceed forty-five consecutive days
(Article 11(3)). During this period, the employee enjoys the same
rights and obligations that the other workers have (as defined in
Articles 12 to 14), but termination is possible without notice, if
he or she fails to meet the requirements (Article 11 (6)).
Severance pay or compensation is not to be paid (Article
11(5)).
Suspension of the contract of employment
The temporary suspension of a contract of employment is
regulated under Articles 17 to 21 of the Labor Proclamation. During
Suspension the mutual duties under the contract of employment are
suspended, so that the employee does not have to work and the
employer is not obliged to pay wages, allowances and other benefits
(Article 17 (2)).
Article 18 defines the following grounds for suspension:
leave without pay on request of the worker;
leave of absence for the purpose of holding office in trade
unions or other social services;
detention for a period not exceeding thirty days (provided that
the employer is notified);
national call;
force majeure for a period of not less than 10 consecutive days;
and
financial problems that require the suspension of the employers'
activities for not less then 10 consecutive days.
In the latter two cases of suspension the Ministry has to be
informed in writing about the ground of the suspension (Article
19). Articles 20 and 21 then describe the procedure of confirmation
by the Ministry. When the Ministry is convinced that the employer
cannot resume its activities within the maximum period of
suspension of 90 days, the worker shall be entitled to severance
pay (Articles 21 (2), 39 and 44).
Termination of the contract of employment
Grounds for termination and notice
Generally any contract of employment might be terminated by both
parties, and in accordance with the provisions of the law or a
collective agreement. Article 23 (2) states clearly that the
transfer of ownership of an undertaking does not have a terminating
effect.
The contract of employment can be terminated on the following
grounds:
on expiration of the agreed period of employment (Article 24
(1));
by death of the worker (Article 24 (2));
on retirement of the worker (Article 24 (3));
by the insolvency of the employer; completion of the specified
task (Article 24 (4));
by the impossibility of performance, where the worker becomes
partially or permanently unable to perform his or her obligations
in terms of the contract (Article 24 (5)); and
by mutual agreement (Article 25).
Termination at the initiative of the employee
Generally a worker can terminate the contract of employment
giving prior notice of fifteen days (Art. 31). Under Art. 32, 1
good causes for termination without notice from the side of the
worker are:
criminal assault from the side of the employer against him or
her;
if the employer has repeatedly failed to fulfill his basic
obligations.
The worker shall give his reasons for the termination in writing
(Art. 32, 2).
Termination at the initiative of the employer
The contract of employment may not be terminated in the absence
of a justified reason.
Article 26 of the Labor Proclamation expressly recognizes the
following grounds for termination of the employment contract:
misconduct on the part of the employee;
the employee's poor work performance and/or incapacity;
the operational or organizational requirements of the
undertaking.
The following grounds do not constitute legitimate grounds for
termination and make any dismissal unfair (Article 26 (2)):
membership in a trade union or participation in its lawful
activities;
seeking or holding office as a workers representative;
submission of grievance or the participation in proceedings
against the employer;
his or her nationality, sex religion, political outlook, marital
status, race, color, family responsibilities, pregnancy, lineage or
social status.
Notice of dismissal
The limited grounds for termination without notice are defined
in Article 27 (1) a) to k):
repeated and unjustified tardiness despite warning to that
effect;
absence from work without good cause;
deceitful or fraudulent conduct;
misappropriation of the property or fund of the employer;
returning output which, despite the potential of the worker, is
persistently below the quality stipulated;
responsibility for brawls or quarrels at the work place;
conviction for an offence where such conviction renders him or
her unsuitable for the post;
responsibility for causing damage intentionally or through gross
negligence;
commission of any of the unlawful activities defined in Article
14, such as reporting for work in a state of intoxication, refusal
to be medically examined (except for HIV/AIDS test) or to observe
Occupation Safety and Health prevention rules;
absence from work due to a sentence of imprisonment for more
than 30 days;
offences stipulated in a collective agreement as grounds for
termination without notice.
The new text of the Labor proclamation adds that in these cases,
the employer must give written notice specifying the reasons for
and the date of termination.
Severance pay and compensation
Under Articles 36 to 41 any case of termination provokes payment
obligations, such as wages, severance pay and in the case of
Article 32 (1) (the employee's poor work performance and/or
incapacity) an additional compensation which shall be thirty times
his or her daily wages of the last week of service, for the first
year of work.
If the worker has served for more than one year, payment shall
be increased by one-third of the previous sum for every additional
year of service, within the limit of a total amount of twelve
months wages.
Remedies in case of unjustified dismissal
A worker who intends to challenge the validity of his or her
termination must file a submission before a regional first instance
court, where a specialized labor division shall be set up (Articles
137 and 138 (1) b). (It should be mentioned at this stage that due
to a severe shortage of educated legal personnel, these specialized
labor divisions do not exist in every case.)
If the termination proves to be unlawful, the proclamation gives
the choice of remedies. The court may:
Order the employer to reinstate the employee from any date not
earlier than the date of dismissal.
Order the employer to pay compensation to the employee.
The primary remedy in respect of an unlawful termination is to
order reinstatement or re-employment (Article 43 (1) and (2)). In
the event that the employee does not wish to be reinstated or
re-employed or the circumstances are such that a continued
employment would be either intolerable or no longer reasonably
practical and would give rise to serious difficulties, the court
may award compensation rather than reinstatement/re-employment,
even in cases the worker wishes to be reinstated (Article 43
(3)).
The compensation will be paid in addition to the severance pay
referred to in Articles 39 to 40. There are certain limits on
compensation. The compensation will be hundred and eighty times the
average daily wages and a sum equal to the remuneration for the
appropriate notice period in the case of an unlawful termination of
an unlimited contract (Article 43 (4) a)), and a sum equal to the
wages that the worker would have obtained until the lawful end of
his contract (Article 43 (4) b)).
Working time
Hours of work
Normal working hours are 8 hours a day or 48 hours a week
(Article 61). They should be distributed evenly, but may be even
calculated over a longer period of time (Articles 63 and 64).
Workers are entitled to a weekly rest period of 24
non-interrupted hours in a period of 7 days. Unless otherwise
stated in a collective agreement, the weekly rest should be on
Sunday, but another day may be chosen for certain services (Article
70).
Overtime
Any work exceeding the normal working time of 48 hours a week is
overtime. Overtime is only permissible for up to 2 hours a day, or
20 hours a month, or 100 hours a year, in the following cases
(Article 67):
Accident, actual or threatened
Force-majeure
Urgent work
Substitution of absent workers assigned on work that runs
continuously without interruption
The proclamation defines the overtime payment in Article 68 (1).
The overtime payment ranges from a rate of one and one quarter (1 )
of the ordinary hourly rate (from 6 a.m. to 10 p.m.) to two and one
half (2 ) on public holidays.
Employee rights
Night work
Pursuant to Article 68 (1) b), night work is work realized
between 10 PM and 6 AM.
The worker is entitled to a rate of one and a half of the
ordinary hourly wage.
Paid leave
Annual, uninterrupted leave with pay shall be a minimum of 14
working days, plus one working day for every additional year of
service (Article 77). Additional leave is granted for employees
engaged in particularly hazardous or unhealthy work. It is
forbidden to pay wages in lieu of the annual leave (Article
76).
Public holidays
Ethiopia has twelve public holidays historical memorial days and
holidays of Christian and Moslem origin - described by law.
These days are: 7 January (Orthodox Christmas Day), 19 January
(Timket), Eid-ul-Adha, 2 March (Battle of Adowa), Orthodox Easter
Monday, Coptic Good Friday, Mulud, 5 May (Patriots Day), 28 May
(National Day), 11 September (Ethiopian New Year/Coptic New Year),
27 September (Finding of the True Cross), end of Ramadan.
Under Articles 73 to 75, public holidays are paid. A worker who
is paid on a monthly basis will not be subjected to a reduction in
wages for not working on a public holiday. An employee who works on
a public holiday is entitled to the double of his or her ordinary
hourly wages.
Maternity leave and maternity protection
Ethiopian Labor Proclamation provides one part (Part Six) to the
Working Conditions of Women and Young Workers. Maternity leave and
maternity protection are regulated in Articles 87 and 88.
There are provisions around the nature of work that a pregnant
employee is not permitted to perform where it could be hazardous to
her or the child's health (Article 87 (2) to (6)). Night work is
generally prohibited, nor shall she be assigned to overtime-work.
Moreover she shall not be given an assignment outside her permanent
place of work and be granted time off for medical examinations
(Article 88 (1)).
Employees are entitled to maternity leave, which is to start
from 30 days prior to due date of birth, and end not less than 60
days after birth of the child. Maternity leave is classified as
paid leave (Article 88 (3) to (4).
A nursing employee does not enjoy special legal protection.
Other leave entitlements
Articles 85 to 86 provide for an entitlement to sick leave after
the completion of the probation period. An employee is entitled to
a maximum of 6 months of sick leave within 1 year of service. An
employer will only be obligated to grant paid sick leave for the
first months, whereas the wage is reduced to 50 % for the second
and third month, and reduced to zero for the third to the sixth
month of sick leave within a year. For any absence for longer than
one day the employee has the obligation to produce a valid medical
certificate.
Moreover, Article 81 to 84 of the Proclamation provide for
special leave for family events, union activities and other special
purposes, such as for hearings before bodies competent to hear
labor disputes, to exercise civil rights, and for training purposes
according to collective agreements or working rules.
Minimum age and protection of young workers
Under Article 89 of the Labor Proclamation the statutory minimum
age for young workers is 14 years. Beyond the age of 14 years, no
person may employ a child for work that is inappropriate or that
endangers his or her life or health (Article 89 (2) and (3)).
Special measures of protection of young workers (e.g. work in
transport, night work, work in arduous, hazardous or unhealthy
activities, such as mining) may be taken by the Minister. Work
performed under the regime of a vocational training course is
exempted from this protection (Article 89 (5)).
As shown above, the Ethiopian Constitution gives children
general protection from exploitative labor practices Article 36
Rights of Children.
Ethiopia ratified the ILO Worst Forms of Child Labor Convention,
1999 (No. 182), in September 2003.
Equality
The Constitution guarantees the right to equality in employment,
promotion, pay and the transfer of pension entitlement (Article 35
(8) of the Constitution).
The Labour Proclamation in its Article 14 (Unlawful Activities)
penalizes any discrimination against female workers in matters of
remuneration, on the ground of sex (Article 14 (1) b)) and contains
a general provision of anti-discrimination on the basis of sex,
religion, political outlook or any other condition (Article 14 (1)
f)).
Even though the Constitution recognizes the given historical
disparities, an obligation on certain employers to implement
affirmative action measures to advance women participation is not
imposed. The world of work is still far from substantive
equality.
Pay issues
Ethiopian law does not prescribe minimum wages through statute.
Usually wages are fixed by the employer or by collective agreements
or by the employee's contract of employment.
Articles 53 and 54 of the Proclamation define Wages as the
regular payment to which the worker is entitled in return for the
performance of the work that he performs under a contract of
employment. Overtime pay, allowances, bonuses, etc are not
considered as wages. The Proclamation establishes the principle
that wage is only paid for work done, except in cases, when the
source of the impossibility to work was in the sphere of the
employer (i.e. non supply of working material).
Under Article 162 (2), claims for payment of wages, overtime and
other payments shall be barred after six months from the date they
became due. In case of bankruptcy of the employer, wages enjoy
priority. If an insolvency proceeding has been opened over the
employer's assets, the employees' claims of wages are treated with
priority over other payments or debts in accordance with Article
167 of the Labor Proclamation and Article 1025 of the Commercial
Code, Proclamation No. 166/1966.
Workers' representation in the enterprise
At the workplace level, workers may be represented by trade
union delegates.
Trade union regulation
Trade union structure under national law
The Constitution recognizes the right to freedom of association,
the right to form and join a trade union and the right to
participate in trade union activities.
Part 8, chapter 1 of the Ethiopian Labour Proclamation
stipulates the right of both workers and employers to form
organizations of their own and to participate in them.
Article 113 (2) lays down the trade union structure: There are
trade unions (formed by workers), employer's associations,
federations (organization established by more than one trade unions
or employers' associations) and confederations (established by more
than one trade union federations or employer federation).
The Proclamation foresees to form federations and confederations
and the right to join international organizations (Articles 114 (5)
and (6)).
Collective Bargaining and Agreements
The Ethiopian Labor Proclamation states that one of its central
objectives is to promote collective bargaining as a means of
maintaining industrial peace and of working in the spirit of
harmony and cooperation towards the all-round development of the
country.
Collective agreements apply to all parties covered (Article
134(1)) and where their provisions are more favorable to the
workers than those provided by law (Article 134 (2)). The
collective agreement remains in force even after a trade union,
which is party to the agreement, is dissolved. Under Article 133
(3), the duration of an agreement is fixed at three years unless
expressly stipulated otherwise.
Labor Strikes
Proclamation specifically excludes from Chapter Five one class
of workers, who consequently do not have the right to strike. These
are workers who are engaged in essential public service
undertakings. These services are defined in section 136 (3) to
include:
air transport
undertakings supplying electric power
undertakings supplying water and carrying out city cleaning and
sanitation services
urban bus services
hospitals, clinics, dispensaries and pharmacies
fire brigade services and
telecommunication services.
Unlawful strikes and lock-outs
Article 160 (1) prohibits a strike or lock-out initiated after a
dispute has been referred to the Board or to the court and the
prescribed 30 days period for decision has not elapsed. It is also
unlawful to refuse to obey, or to start or continue to strike or to
lock-out against the final order or decision of the Board or the
court. However, a strike or lock-out, which is not in conflict with
such decision, and which was initiated to seek compliance with this
decision, is not unlawful (Article 160 (2)).
Pursuant to Article 160 (3), it is prohibited to use violence or
threats of physical force together with a strike or lock-out.
Settlement of individual labor disputes
Labor Disputes are generally regulated in part nine of the
Ethiopian Labor
Proclamation. Individual disputes fall under the jurisdiction of
labor
divisions at the ordinary courts, established as may be
necessary at
each regional first instance court (Article 137(1)). Article
138(1) lists the
following individual labor disputes as examples:
disciplinary measures including dismissal;
claims related to the termination or cancellation of employment
contracts;
questions related to hours of work, remuneration, leave and rest
day;
questions related to the issuance of certificate of
employment;
claims related to employment injury;
unless otherwise provided for in this Proclamation, any criminal
and petty offences under this Proclamation.
The decision is to be taken within 60 days. Appeal lies with the
labor division of the regional court. The jurisdiction of the labor
division of the regional court is defined in Article 139. The
decision of the Court in matters of appeal is final (Article 140
(2)). The general court procedure follows the Civil Procedure, laid
down in the Civil Procedure Code Decree, No.3/1965.
HR Communication What is Communication?
The transmission of information and understanding with common
symbols is termed as communication. Communication is the exchange
of information between people; it occurs when one person
understands the meaning of a message sent by another person, and
responds to it. Two forms of information are sent and received in
communications: facts and feelings. Facts are pieces of information
that can be objectively measured or described. Examples are the
cost of a computer, the daily defect rate in a manufacturing plant,
and the size of the deductible payment of the company-sponsored
health insurance policy. Feelings are employees' emotional
responses to the decisions made or actions taken by managers or
other employees. Organizations need to design communication
channels that allow employees to communicate facts and feelings
about specific aspects of their jobs.
Communication is the process of transferring information from
one source to another, imparting or interchange of thoughts,
opinions, or information by speech, writing, or signs.
Communication is a process by which we assign and convey meaning
in an attempt to create shared understanding. This process requires
a vast repertoire of skills in intrapersonal and interpersonal
processing, listening, observing, speaking, questioning, analyzing,
and evaluating. Use of these processes is developmental and
transfers to all areas of life: home, school, community, work, and
beyond. It is through communication that collaboration and
cooperation occur.
Communication makes possible our relationships, friendships,
work and family closeness. Yet mastering communication requires
continuous use and practice to maintain the skill.Employee
CommunicationGood communications are essential within a business if
it is to prosper.
In any business, the communication of information is an
essential part of three key business activities:
(1) Management decision-making (without relevant, timely and
accurate information, decision-making at any level becomes quite
tricky!)
(2) Co-ordination of departments, teams and groups - e.g. making
sure that marketing, production and administration know what each
other is doing, when and why
(3) Motivation of individuals
Examples of communicationTo illustrate the all-pervasive nature
of communication, consider the following list of communication
examples:
- Exchanging ideas
- Announcing investment plans
- Producing a report with the monthly management accounts
comparing actual results against budget
- Giving instructions to the production and purchasing
departments about the new product plans for next year
- Delivering a presentation to the marketing department
following the results of some quantitative, primary market
research
- Announcing the annual trading results and future strategy to
company investors and analysts
Directions of communication in a businessCommunication flows in
three main directions in a business:
(1) Vertical CommunicationE.g. Communication may be from
managers to sub-ordinates; from shop floor workers to supervisors;
from the Chief Executive to all other management and employees.
Vertical communication flows are mainly used for reporting
information (e.g. results, plans) and obtaining feedback (e.g. an
employee survey summarized for the Board of Directors
(2) Horizontal CommunicationThis is between people of the same
"level" in a business - usually in the same department, but
sometimes communication between departments. This is sometimes
known as "peer communication". It is normally used to co-ordinate
work. E.g. sales managers for different regions circulate details
of potential customers to each other and allocate based on the
customer location; or accounting staff in different departments
share information to help prepare the annual budget on a consistent
basis.
(3) Diagonal CommunicationLess common; this involves
interdepartmental communication by people at different levels. A
good example would be a project team drawn from different grades
and departments.Differences between Information and
CommunicationCommunication InformationPerception LogicInterpersonal
ImpersonalPattern or Combination Specific or
individualCommunication Issues
Encoding of messages can be done verbally or non-verbally
Verbal: spoken or written communication.
Nonverbal: facial gestures, body language, dress.
Sender and receiver communicate based on their perception.
Subjective perception can lead to biases and stereotypes that
hurt communication.
Effective Managers avoid communicating based on a pre-set
belief.
Dangers of Ineffective Communication
Managers spend most of their time communicating so both they and
the subordinates must be effective communicators. To be
effective:
Select an appropriate medium for each message.
There is no one best medium.
Consider information richness: the amount of information a
medium can carry.
Medium with high richness can carry much information to aid
understanding.
Is there a need for a paper/electronic trail to provide
documentation?
Management Concerns
Communication:An employer must exercise reasonable care in
hiring applicants who may, as a result of their employment and the
employer's negligent failure to obtain more complete information,
pose a risk to others.
Communication is critical for:
Employee motivation (employee need to share visions, also
generate the shared visions); ineffective communication lead to
high staff turnover and rope in quality and quantity of work.
Managing organizational change, downsizing, restructuring,
etc.
Maintain a casual atmosphere where casual conversation is
allowed (leads to creativity and satisfaction)
New management models where employees are empowered and work in
teams, information is empowering
The Communication Process
Communication, a continuous process, is the exchange of
information and meaning between people. It occurs when one person
understands and responds to the meaning of a message sent by
someone else. The communication process includes five main
components: the information source, the signal, the transmission,
the destination or receiver, and the noise.
Communication starts with a sender who has a message to send to
the receiver. The sender must encode the message and select a
communication channel that will deliver it to the receiver. In
communicating facts, the message may be encoded with words,
numbers, or digital symbols; in communicating feelings, it may be
encoded as body language or tone of voice.
Communications that provide for feedback are called two-way
communications because they allow the sender and receiver to
interact with each other. Communications that provide no
opportunity for feedback are one-way. Noise means barriers to
effective Communication. Potential barriers include: ambiguous,
muddled messages; semantics; physical barriers; loss of
transmission; failing to communicate; competition barriers;
cultural, linguistic, and diversity barriers; and not
listening.
The process of communication involves:
Messages are transmitted over a medium to a receiver.
Medium: pathway the message is transmitted on (phone,
letter).
Receiver: person getting the message.
Receiver next decodes the message.
Decoding allows the receiver to understand the message.
This is a critical point, can lead to mis-understanding.
Feedback is started by receiver and states that the message is
understood or that it must be re-sent.
Nonverbal Communication
Nonverbal communication is the non-spoken aspects of
communication, such as a persons manner of speaking, facial
expressions, or body posture, that express meaning to others. The
nonverbal aspects of communication can especially complicate the
task of communicating internationally. Nonverbal communication is
communication that is sent without the use of the written or spoken
word. This type of communication is quite powerful because people
can communicate without speaking with facial expression, body
posture, tone of voice, use of space, and touching. Occulesics are
facial expressions and eye contact that people use to communicate.
Kinesics is the study of bodies through posture, gesture, head
movements, and similar actions. Use of and reaction to facial
expressions and body movement vary from culture to culture.
Conceptual Perspectives of Communication
Defensive Communication (this is bad)
Evaluation - you language, criticize, blaming
Control - don't seek input from others
Strategy - no one want to be a victim of someone else
motivation, Superiority - I am better than you behaviors
Neutrality - equal indifferent, this is a problem, when you have
a group member who does not care.
Certainty - dogmatism, people who knows the answer, require no
additional data, certain they are right, feel as teacher vs
co-worker
Supportive Communication
Descriptive - sharing of feelings or perception, general request
for information, ie I feel frustrated when you lie on the coach
when the house is dirty.
Problem Orientation - seeking solutions to a problem at hand
Spontaneity - sense of a person is honest with their
intention
Equality - I am OK, you are OK, We are all human, we are
equal.
Empathy - caring and binding into the problem
Provisionalism - willing to hear other speaks, willing to
experiment with behaviors, attitude and ideas.
Organization Communication Networks
Organization chart depicts formal reporting channels.
Communication is informal and flows around issues, goals, and
projects.
Vertical Communication: goes up and down the corporate
hierarchy.
Horizontal Communication: between employees of the same
level.
Informal communications can span levels and departments.
Grapevine: informal network carrying unofficial information
through the firm.
Technological Advances
Internet: global system of computer networks
Many firms use it to communicate with suppliers.
World Wide Web (WWW): provides multimedia access to the
Internet.
Intranets: use the same information concepts as the Internet,
but keep the network inside the firm.
Groupware: software designed to let workers share information
and improve communication.
Best for team oriented support.
Communication Skills for Managers as Senders
Send clear and complete messages.
Encode messages in symbols the receiver understands.
Select a medium appropriate for the message AND monitored by the
receiver.
Avoid filtering (holding back information) and distortion as the
message passes through other workers.
Ensure a feedback mechanism is included in the message.
Provide accurate information to avoid rumors.
Communication Skills for Managers as Receivers
Pay Attention to what is sent as a message.
Be a good listener: dont interrupt.
Ask questions to clarify your understanding.
Be empathetic: try to understand what the sender feels.
Understand linguistic styles: different people speak
differently.
Speed, tone, pausing all impact communication.
This is particularly true across cultures.
Managers should expect and plan for this.
Communication Networks
Networks show information flows in an organization.
Wheel Network: information flow to and from one central
member.
Chain Network: members communicate with people next to them in
sequence.
Wheel and Chain networks provide for little interaction.
Circle Network: members communicate with others close to them in
terms of expertise, office location, etc.
All-Channel Network: found in teams, with high levels of
communications between each member and all others.
Networks in action
Wheel
Chain
All-Channel
Macro Networks
Principle These networks may emerge naturally or be imposed.
Either way, they have a similar impact.
Forms of HRM CommunicationVerbal communication and nonverbal
communication involve HRM communication. These two forms are
supplementary to each other.
Verbal communicationIn human resources management, verbal
communication is to transmit messages orally or in written
forms.
Generally speaking, oral messages are more easily and quickly
transmitted and are less costly than their written counterparts. So
under some circumstances, HR executives prefer spoken
communications. For example, when they need to acquire information
from job applicants, they will make face-to-face conversations,
namely, interviews with applicants. Under other circumstances,
recognizing that precision and accuracy are usually best achieved
through written communiqus, HR executives will employ written
forms. For example, to some important decisions, agreements and
proposals, HR executives will employ written records. Many HRM
messages appear in both forms. They are expressed in both spoken
and written forms, usually at two times. The purpose of this is to
increase the possibility of message understanding. Generally
speaking, whether messages occur in written format or in spoken
form is decided by such criteria as cost, expediency, available
resources and degree of importance.
No matter whether in oral form or in written form, the purpose
of HRM communication has always been one----to improve
understanding or at least to get understanding within an
organization so as to fulfill HRM function.
Every HR manager admires effective communication, and the
effectiveness lies in some certain techniques. Here we will first
discuss how to improve written HRM communication. Then, we will
discuss techniques of oral HRM communication such as interviewing
employees.
Written HRM communicationBasically, there are three types of
writings in HRM. They are informational, administrative, or
progress. Virtually, many reports overlap several categories. The
writing process Over the past decades, composition theorists and
researchers have begun to view composing not in terms of isolated
problems to be solved or single components that can simply be
combined to produce a written text. Instead, writing has come to be
understood as a complex and recursive process involving planning,
drafting, and revising though there are a variety of terminologies
used to discuss the composing. The three phases making up the
indiscrete composing process identify three kinds of activities
that occur when one writes.
Phase1 Planning, also called invention or prewriting, is
connected with the mental and written activities that usually take
place before a writer attempts a first draft of a text. The
planning activities involve
(1) Analyzing the purpose or goal of the writing task (whether
self-assigned or assigned by another person, such as an employer or
and instructor),
(2) Determining the characteristics of the audience or potential
audience and the writers relationship with them,
(3) Gathering information necessary to complete the writing
task, either through introspection or through formal or informal
heuristic procedures,
(4) Selecting an organizational pattern or format for the
text.
When he plans a test, a writer identifies a texts topic, the
purpose or aim, assesses the pertinent knowledge, attitudes, and
values of those potential readers to determine the best way to
attain the writing purpose, identifies and discovers the content of
the text, decides genre and arrangement, and at last chooses
different diction and syntax according to different types of
discourse.
Phase 2 Drafting is the act of writing the text itself. Through
invention, writers create series of propositions about a subject.
As Woddpwspm (1978:52) says, Language use has to do with
propositions and the acts they are used to perform. But these do
not occur in isolation: they combine to form discourse. Combining
then means giving considered shape or form to writing for
meaningful communication of the proposition to others; the
combining becomes a vital part of the process, which is called
drafting in the writing process. Drafting is also called
formulation.
In the process of drafting writers formulate ideas, link the
propositions and develop content. Then the writers shape the
content by determining most appropriate and effective form of
discourse for the message, considering the specific or nonspecific
audience, the writers purpose, and the writing context. Then
writers continue to apply the linguistic and mechanical principles,
or the surface structures to the piece. Writers concentrate on
clarifying the theme and the logical order of ideas and thought.
They tighten the unity and coherence of the piece through the use
of certain linguistic devices and structural elements from theme to
internal paragraph organization. They pay attention as well to the
fine-tuning of sentence structure, word choice, punctuation, and
spelling. In sum, drafting is the production and formulation of
material both for writers themselves and for their reader. 1.
Rhetorical shaping refers to how writers choose their treatment of
content. Writers decide whether to use a descriptive, narrative,
expository, or persuasive, literary, or referential form. A lawyers
purpose for writing a trial brief would probably demand a
persuasive form while an engineers purpose for writing a project
report would call instead for an expository or referential form. So
in rhetorical shaping, drafting becomes the part of writing which
helps to the formalization of a piece of discourse intended for
someone. 2. Linguistic shaping includes the well-formedness of the
piece---unity, coherence, and cohesion of the piece of writing. In
drafting a writer should be able to use the linguistic criteria
ranging from clearly stating the thesis or controlling ideas of an
essay, a report, a poem to knowing grammatical rules and how to
increase the relative readability of the text. The text should have
a clear division of material into paragraph unit, sentences, and
structures that emphasize meaning and effective word choices
conveying the theme to readers.
Writers must focus on the basic elements to the linguistic
shaping of their messages. In addition to the overall structure of
the discourse in compliance with the theme and the coherence of the
piece evolving from logical connections within and between
sentences and paragraphs, linguistic shaping involves the
organization of each sentence and its parts, and the cohesion
within and between sentences by means of ties and the effective and
accurate choice of words. By employing linguistic devices, a writer
attempts to create a piece of effective writing that transmits
message successfully between them and their audiences.
Six-step approach to HRM writingBased on the above writing
process suggested by composition theorists and researchers and
combined with management practice, the Six-step approach is rather
practical for HRM writing. The following is to show, step by step,
the process of writing and revising a memo or report on HRM with
the method..
First, knowing the readers
To have some ideas about the audience will make the choices on
words and sentence structures more purposeful. For instance, an HR
manager is asked to write a long memo, proposing a merger of the
Public Relations department and Publicity department and including
some specific suggestions on how to put the two together. He must
know the potential readers. Who will be the reader-----the
president, employees or the departmental mangers? He will organize
the whole writing based on what he knows about the readers.
Suppose the executive gets to know that the readers will be the
Executive Committee of the company and that they have decided to
combine the departments, but they need a written justification
before the action is taken. Then, for the writer, the most
important purpose of this writing is to make the proposal as
convincing as possible. Setting the writing goals and deciding the
main point both depend on who will be the reader. If the HR
executive does not know who will be his or her reader, he or she
had better write for the "average" person.
Second, gathering informationThe executive must gather
information to get the supportive facts and exact figures for the
article. During the information-gathering stage, he may form a
tentative outline because he will have more and more material to
organize as the information accumulates. To do well in this stage,
the writer may need idea notes,----scraps of paper that say things
he plans to include in his memo such as, budget of public relations
dept. last year or job descriptions of Publicity dept. writers.
Third, planning and organizing the writing strategy.
As we all know, every piece of writing should have a point, and
HRM report should also have a so what?---- the readers reason for
reading it. This is a principle well known to many professional HR
executives, who realize that early in an article they must give
their readers some reasons for reading on. Often, an article should
have an attention-grabbing opening paragraph or two, followed by a
statement that tells the reader why he should be interested in the
article, what he may hope to gain by reading it. For example, if an
executive of a large corporation includes in his 4-page-long memos
a statement like, Before the meeting, this report is to give you
some ideas on our companys bonus adjustment last year, the readers
will have a clear expectation of the reading.
So there are three musts to decide in this step:
1.What is this about? (The main point.)
2.Why should his reader be interested? (The so what---the
readers reason for reading it.)
3.What should his reader do about this? (The goals or
purpose.)
Referring to the above-mentioned three musts, the writer will
decide that his main point is that the P. R. and Publicity
departments should be merged. His goal is to convince management
that this should be done, and the so what is that they should want
to do this because the merger will make the company more efficient,
reduce costs, and thus make the operation more profitable. His
strategy is to demonstrate that the merger will accomplish these.
Thus, he has to present the problems created by separate
departments and show, in detail, how the merger will solve these
problems.
Chart 1-4 below shows some special methods useful for certain
writing
purpose.------------------------------------------------------------------------------------------------------------------------------Methods
of Organizing Material
Writing purpose
1. To describe how to do something.
2. To classify; to argue for or against something.
3. To predict what effect something will have.
4. To analyze what caused something.
5.To compare something
Method to Use
For purpose 1. Step-by-step order. Tell how the process is done,
giving each step in the order in which it is performed.
For purpose 2. Logical order. Arrange the points of your
classification or the points of your argument in a logical,
easy-to-follow sequence.
For purpose 3. Cause and effect. First give the causes or
conditions, then discuss the probable effects. (Useful in
anticipating future events.)
For purpose 4. Effect to cause. First discuss the effects, then
suggest possible causes. ( Useful in analyzing a present problem.
)
For purpose5. Comparison and contrast. Discuss how two or more
things are alike and/or different. (Useful in identifying
advantages and disadvantages of something or learning about an
unknown by comparing it with something that is known.
)--------------------------------------------------------------------------------------------------------------------------------------------According
to the chart, a point-by-point logical organization and a
step-by-step analysis will be used to describe the plan for
implementing the merger. Therefore, this memo will have two parts.
Part I will be the point-by-point presentation of the problems and
their solutions; Part II will describe how the merger should be
carried out step by step.
Forth, listing ideas.
Before working out an outline, to list those idea notes, in no
particular order, will greatly facilitate the writing later. The
writer may finish this step like this:
1. Should save money----three publicity writers and directors
under-employed at present.
2. No real reason to have separate publicity department. Only
happened because many years ago, R&D was headed by a former
newspaperman who sent out press releases on new research and new
products. This grew into publicity department. Still under R&D
V. P., which doesnt make sense. Later P. R. dept. was added for
producing a house magazine and newsletter. Still later, a magazine
for customers was added as a P. R. organ.
3. Many functions of publicity dept. could better be handled by
advertisement agency (better facilities for photos, etc.). This
would free some time.
4. Much of what is done now by publicity largely duplicates what
advertisement agency does.
5. Budget of publicity department high because not enough work
to keep three writers busy.
6. Present Head of publicity dept. will resist merger. Hell lose
prestige.
7. P. R. people are not knowledgeable about media. Could use
input of publicity people. Convenient
to have them in same office.
8. P. R. offices nicer. Publicity would gain prestige by
move.
9. Need to integrate planning of both departments, especially
budget.
10. P. R. department presently hires outside writers and buys
outside material for magazines. Could use underemployed publicity
writers for that.
11. Could save money by phasing out photo lab.
12. Plenty of room in P. R. department offices for moving in
publicity personnel. Other departments could use extra space.
Doing so enables the HR executive to test each item for
relevance, repetition, and completeness. For example, going over
this list, the HR executive will find that Item 6 is true but
irrelevant to his set strategy. This fact may be considered when he
writes up a plan for carrying out the change. Item 3 and 4 are
essentially the same and thus can be combined. And all those items
with something in common should be grouped together in the outline.
For example, items related to saving money either directly or
indirectly.
Fifth, working out an outline and writing the first draft.
After the rearrangements of the material, the writer will come
up with an outline that may look like the following, which is an
invaluable guide when he writes the first draft.
Introduction: Statement of problem and statement of purpose
(brief and general).
Part I Why the two departments should be merged
A. Historical reasons for two departments and why these reasons
no longer apply.
B. Both departments would benefit from integrated planning.
1. Examples of inefficiency and duplication of effort.
2. P. R. people would benefit from technical skills of publicity
people, Give examples.
C. The company would save money by merging the two departments.
Conservative estimate: $________.
1. Photo lab in publicity department could be phased out;
pictures processed outside.
2. Underemployed writers in publicity department could take over
writing jobs in P. R. department presently farmed out.
3. Extra space in P. R. department could be taken by transferred
publicity personnel, thereby freeing ________ square feet for use
by ________ .
Part II How merger should take place
A. Convince both departments of advantages as outlined in Part I
----from their point of view ( e.g., moving would give publicity
people more prestigious officers; money saved could go into
salaries).
B. Make present head of publicity department, assistant director
of P. R., other goodies to soften move, make it seem other than a
demotion.
C. Involve people in both departments in details of planning
physical move.
D. Write new job descriptions for transferred personnel.
E. Have P. R. dept. head work out details of photo lab
phase-out.
F. Set a date for accomplishing all this. (Timetable.)
G. Two weeks after move, hold a feedback session to see how the
changes are working out.
The blanks in the outline indicate gaps in the information that
must be filled in. Thus HR executive reminds himself more facts
under Part I, sections C1,2, and 3 should be gathered so that he
can come up with a convincing dollar amount saved.
According to the outline, the first draft is worked out.
Sixth, revising the first draft
This step is very critical for the effectiveness of the whole
writing for there are must be some unexpected mistakes in the first
draft. I will propose several points for attention in the step, and
I will particularly discuss improving syntax effectiveness in HRM
rules & regulations writing.
A. Several points for attention in the revision
We conclude the eight respects calling for attention in the
revising process suggested by the composition theorists and
researchers as the skeleton, the flesh, the clothing and the
grooming. That is, the writer will examine
a. the skeleton (structure and method of organization).
b. the flesh (details that fill the outline and make it
convincing----facts, examples, statistics; presented in sentences
organized into paragraphs).
c. the clothing (words chosen to express ideas arranged in clear
sentence form).
d. the grooming (correct grammar, spelling, punctuation).
If the structure of the draft is sound, then the writer should
take trouble to make the report forceful. In other words, he should
fill the draft. A draft, no matter how long it may be, is thin if
it doesnt include enough specific facts, examples, and statistics
to support the writers generalizations. And it is flabby if it is
repetitious, wordy, and contains meaningless generalizations and
unsupported opinions.
Consider the following sentence, written by an executive in the
manufactured housing (trailer) industry: It is more or less known
in the manufactured housing industry that the demand for service is
so great that a top-notch serviceman can make a good living as an
independent service contractor. This sentence can be greatly
improved by deleting It is more or less known, which is not only
wordy but gives an impression of indecisiveness. The sentence then
becomes, The demand for service is so great in the manufactured
housing industry that a top-notch serviceman can make a good living
as an independent service contractor.
Passive voice is always wordy. Compare It was voted by the board
of directors to declare a dividend with The board of directors
voted to declare a dividend. Which is better? So, until it is
really needed either to avoid specifying the subject or to
emphasize the object as, It was decided to reject , It has been
determined that, The ads were placed in a , HRM writers had better
use active verbs and write the sentences as "The manager said..."
rather than "It was said by the manager that"
Often the writer will pile on modifying phrases and make the
sentence redundant in the first draft. For example, She was given a
book by the manager of the office for the sole purpose of keeping
records of minor expenditures. The whole sentence actually is, The
office manager gave her a book to keep petty cash records.
Therefore, when the writer revises, he should keep alert for
opportunities to combine two sentences into one by making one
sentence into a dependent clause.
A wordy sentence is not necessarily a long sentence, and long
sentences are not always wordy. A wordy sentence is one that has
words that arent earning their keep. Cut them or replace them with
simple words and phrases. For example, replace at this point in
time with now; use "like" instead of "in a matter similar to that
of." Make every word work for the information transmitting. For
example, in the sentence "Bad weather conditions prevented
yesterday's meeting, the word "conditions" is an unnecessary one.
Say, "Bad weather prevented yesterday's meeting." Generally
speaking, using short sentences and paragraphs can help to overcome
the wordiness.
But just as too many complex sentences or run-on sentences will
confuse the readers, too many short, choppy sentences can be dull.
The company was mismanaged, it went bankrupt is a run-on sentence.
But The Company was mismanaged. It went bankrupt is not necessarily
the way to fix it. It would be better to vary the sentences: The
Company was mismanaged and it went bankrupt or Mismanaged, the
company went bankrupt or The Company, which was mismanaged, went
bankrupt. Whenever the writer notices the same sentence pattern
appearing over and over, he should introduce variety to help keep
the reader attentive.
Some sentences, although grammatical, are extremely
sleep-inducing: These areas should be considered expeditiously
because the department may be called upon to answer public and
congressional inquiry with respect thereto and this may best be
handled outside of the firm because of the involvement of the
acting chief inspector. This example contains language that is
vague, abstract, pompous and bureaucratic, and the rhythm is jerky
and stumbling. So, trying reading the sentences out loud is
necessary sometimes. If like this one, the sentences must be
difficult to get through without stumbling and halting, and
something must be wrong.
When revising the first draft, the writer should also watch for
words that may confuse the readers. Pronouns can be among the worst
offenders. If the writer writes, Alemu, our company president, has
just hired Selam as our new computer expert, and he will be down to
see you next week, should the reader expect Alemu or Selam? So, the
writer should be alert to reduce this kind of confusion.
If the first draft contains some technical language or jargon
that the readers will not understand, the writer should translate
those specialized vocabulary into more general terms. Similarly, if
the first draft contains words that are too complex for the
readers, the writer should replace them with short and familiar
words, for example, to use "improve" instead of "ameliorate."
Finally, just as a person should look his or her best while
giving an oral presentation, the HRM writer should make his writing
look its best. This means it must be not only neat (well typed with
proper margins), but correctly spelled and punctuated as well.
Often, correct spelling and punctuation make the difference between
saying exactly what the writer means and saying something else. The
sentence His faith in his opinion is unshaken describes someone who
has unshaken faith in his own opinion. But His faith, in his
opinion, is unshaken makes the statement that this persons faith
(i.e., management belief) is , in someones opinion, unshaken.
Commas, colons, and periods are intended to be the equivalents of
pauses in speech. So reading the sentences out loud will help the
writer to identify the places where punctuation is necessary. In
HRM writing, capitalization merits an HR executives attention most
because it is often encountered when an HR executive writes
bulletins, memos, reports, and mails.
Correct spelling is crucial in English, a language rich in
homophones (words that sound the same but are spelled differently).
Often, one letter can make all the difference. So when in doubt,
the writer should check a dictionary.
Generally speaking, once an HR executive has given his revised
version of the memo one last check of spelling, grammar and
punctuation, he can turn it over to his secretary for a final
typing. At this time, the HR executive should pay attention to the
last but not least point that the visual impact of the typed page
has a great influence on readability. Generally speaking, a good
average sentence length is 15-20 words. Long paragraphs are
uninviting, and 20 lines are the length most people can cope with.
Marginal heads are also very effective devices that aid achieving
readability in reports. They serve the same purpose in an HRM
report as headlines in a newspaper. First, they tell the readers
what to expect in the paragraphs following. Second, they help break
up the monotony of paragraph after paragraph of the report. By
utilizing the marginal heads, the writer can direct the reader
through the report with predetermined purpose.
Perhaps going through all these above mentioned steps takes a
little longer time than usual. However, considering writing itself
is a kind of nonverbal communication indicating management quality
and whether it is a good one will enhance or decrease the
effectiveness of the whole communication effort, HR executive, if
an efficiency-pursuing one, should take trouble to practice
them.Summary of Methods of HR Communications
a. Downward Communication Systems
. In-House Publications
. Information Booklets
. Employee Bulletins
. Prerecorded Messages
. Electronic Communication
. Information Sharing and Open Book Management
b. Upward Communication Systems
. Grapevine Communication
. Electronic Communication
. In-House Complaint Procedures
. Manager-Employee Meetings
. Suggestion Systems
. Attitude Survey Feedback
Communication is critical for: Employee motivation (employee
need to share visions, also generate the shared visions);
ineffective communication lead to high staff turnover and rop in
quality and quantity of work. Managing organizational change,
downsizing, restructuring, etc. Maintain a casual atmosphere where
casual conversation is allowed (leads to creativity and
satisfaction) New management models where employees are empowered
and work in teams, information is empowering (watch film for
example) Essential for individual career success. Interview and
relationships (film)
Barriers to communication
Barriers to Effective Communication and ways to remove these
barriers
The complex factors in the communication pose barriers to
effective communication. Individual barriers include perceptual
biases, which function as noise by affecting how the receiver
gathers, organizes, and interprets information. Organizational
barriers to effective communication include organizational culture
and structure, status differences, and time.
Active listening is a good way to minimize both individual and
organizational barriers to effective. Specifically the barriers to
effective communication include: Inappropriate language;
No feedback;
Wrong medium;
Distractions;
Too much communication;
Poor listening;
Assumptions and conclusions;
Too kind Atmosphere
Cultural differences;
Different roles and perceptions;
Organizational barriers
-Distance
Long communications lines
Ineffective process
Specialization
Pressures
Status differences
Filtering.
Communication methods
Handbooks
Magazines and newsletters
Manuals
Grapevine
Team briefing
Cross-cultural communication
Organizational issues
Job interviews;
New employees
Problems and solutions.
Problems with any one of the components of the communication
process can become a barrier to communication. These barriers
suggest opportunities for improving communication, let describe
some of the major barriers of communication as follows:
1. Muddled messages - Effective communication starts with a
clear message. Contrast these two messages: "Please be here about
7:00 tomorrow morning." "Please be here at
7:00 tomorrow morning." The one word difference makes the first
message muddled and the second message clear.
Muddled messages are a barrier to communication because the
sender leaves the receiver unclear about the intent of the sender.
Muddled messages have many causes. The sender may be confused in
his or her thinking. The message may be little more than a vague
idea. The problem may be semantics, e.g., note this muddled
newspaper ad: "Dog for sale. Will eat anything. Especially likes
children. Call 888-3599 for more information."
Feedback from the receiver is the best way for a sender to be
sure that the message is clear rather than muddled. Clarifying
muddled messages is the responsibility of the sender. The sender
hoping the receiver will figure out the message does little to
remove this barrier to communication.
2. Stereotyping - Stereotyping causes us to typify a person, a
group, an event or a thing on oversimplified conceptions, beliefs,
or opinions. Thus, basketball players can be stereotyped as tall,
green equipment as better than red equipment, football linemen as
dumb, Ford as better than Chevrolet, Vikings as handsome, and
people raised on dairy farms as interested in animals. Stereotyping
can substitute for thinking, analysis and open mindedness to a new
situation.
Stereotyping is a barrier to communication when it causes people
to act as if they already know the message that is coming from the
sender or worse, as if no message is necessary because "everybody
already knows." Both senders and listeners should continuously look
for and address thinking, conclusions and actions based on
stereotypes.
3. Wrong channel - "Good morning." An oral channel for this
message is highly appropriate. Writing "GOOD MORNING!" on a
chalkboard in the machine shed is less effective than a warm oral
greeting. On the other hand, a detailed request to a contractor for
construction of an office should be in writing, i.e., non-oral.
Variation of channels help