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Importance of Understanding Legal Requirements for Employment

Info: 1395 words (6 pages) Essay
Published: 7th Aug 2019

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Jurisdiction / Tag(s): Australian Law

In modern society nowadays, both the proprietors and the employees must know about and comprehend the legal requirements. In other words, legal requirements for the bosses and workers in here which means that being aware and understanding industrial laws are extremely significant for both the proprietors and employees. Industrial laws require people to be treated equally. The laws of various countries require that in employment, in purchaser transactions and in political participation people must dealt with on an equal foundation regardless of ethnicity, sex, race, religion and nationality. Understanding industrial laws is important for the proprietors because it assists the managers or proprietors of a company in advertising a position, the arrangements for employing a new employee, the data sought form a forthcoming employee and the conduct of an interview. Moreover, industrial laws are also protects the benefits and interests of employees because establishments cannot have the idiosyncrasy rules of a race, martial status, pregnancy, sex, and the like. These are the reasons for the importance of industrial laws toward employees. The industrial laws are vital for both the proprietors and employees, so establishments and corporations must ensure they apply the legal requirements or industrial laws in recruitment and selection. Correspondingly, this assignment will debate the significance of comprehending the legal requirements and industrial laws relating to the employment of and it will discuss the benefits and the drawbacks of applying the industrial laws to recruitment and selection of employees.

Understanding the industrial laws is of primary importance in the employment of people or laborers. The industrial laws embody various of provisions which secure employees and laborers from inequitable discrimination. In different working environments, the employees may face numerous intricate situations of unfair discrimination. Furthermore a minority of these employees does not recognize that they are victims of inequitable discrimination, so understanding the industrial laws can assist them to handle the discrimination problems in the work place and help them to know about their rights before they become the victims of discrimination. In particular, Section 623 of the working environment connections Act in the industrial laws contributes that the remuneration for women and men workers should have equal value. Moreover, Section 222 of the working environment connections Act 1996 provides details about the areas of anti-discrimination. The anti-discrimination provisions of section 222 highlights the discrimination in the following spheres: race, color, sex, sexual preference, age, physical or mental disability, martial status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. These two sections, Section 623 and Section 222 form the fundamental basis of the industrial laws in Australia. Of course, there are other provisions in the industrial laws to protect the employees at workplace, but these two sections are the most fundamental. If the employees are aware of these sections in the industrial laws, it will help them to act against discrimination in the workplace..

Secondly, Industrial law has detriments about time and the expenditure in recruitment and selection process. In the most recruitment processes, at the employment publicizing phase and occupation clarification phase, recruiters always mention the expectations and the requirement for employees so that the employees can understand the fundamental provisions in the industrial law or labor law. If not, employees must have the training about these legal requirements first. Numerous people with proficient working skills but without knowledge of the legal requirements will apply and the managers cannot eliminate them because they have the proficient skill which the company needs. Consequently, the establishments or the company have to spend time training these employees about legal requirements at workplace. It squanders the time of the employees and the company. Furthermore, the company has to designate suitable people to instruct new employees. Obviously, the company must pay the fees for these instructors and at the end of training course, the company should have a test for employees to check that they understand about legal requirements. Industrial laws appear make the recruitment and selection process more complicated because it wastes time and money. However, it also benefits both employees and employers

Thirdly, industrial law cannot apply for all employment in all different situations of workplace. In other words, the legal requirement industrial law cannot be like a mechanical application. In several occupations, the employers only require the male employees, and if the job requirement is satisfied by female employees, these women may not earn the same stipend as the men. It is not the discrimination for gender because the expectation and the demand of the employment are for specific skills. In particular, at some employments, only males or females can do the job for the most effective performance. For instance, in a film studio, the film director follows the screenplay to make a movie and because of follow the screenplay, he needs an actor for a position in his movie. As a process of making movie, he commences to do the casting phase. Unfortunately, none of the actors can satisfy him because the acting qualification of them does not conformity with the feeling of character at the screenplay. Furthermore, the play-acting style of them is not supple, it is really rigid. The actor casting process must be done quickly but the film director cannot seek the relevant actor for his movie. However, there is a girl who is interested in the screenplay of his movie and she thinks that she can undertake this position. Finally, she satisfied the film director by her play-acting style. Nevertheless, she cannot be paid as the same as the stipend of the actor because the request of the movie is an actor but she is an actress. The reason is because the film director does not have enough time to seek the desired actor, so in a short time, actress is precarious acceptability. Therefore, the film director must change the screenplay and modify many details in his film making process. Through this instance, the sex discrimination occurs but industrial law cannot intervene and apply because the employment request. If the industrial law meddles in this situation, it can help the actress but the film director will be upset and get troubles with both the law and the effective or result of his film. In addition, by mean of this instance, without applying industrial law is more favorable and industrial law may not be applied in all different situations at workplaces.

Fourthly is another example of how industrial law should not be utilized in all different situations in different working communities. This situation is for martial status. With some employments, employers need employees who are not yet married and if employees who are married, they will not have the same salary with non married employees. In this situation, the industrial law should not intervene because the reason for request about martial status of job is that the non married people can focus more on the job than the married people. Married people must spend their time and their attention on their families, so the quality of the job may not be at the highest effectiveness. In addition, married people cannot work lower but non married people can work overtime and do not need to focus so much on the family. Sometimes, the bosses want their workers to work more time so their best choice will be the non married people. The non married people may work more effectively than married people, so the request for some employments is that the employees are not married yet and the salary for the married and non married people are not the same. It is the martial status discrimination but the industrial law should not be applied because the non married people can do the job better, so obviously they should get the higher salary than the married people.

In conclusion,

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