Employee Representation Essay

The rise of capitalism in industrialized societies ad increase in case of exploitation of employees led to the rise of trade unions.   The trade unions were formed for the purpose of representing employees through preventing exploitation by their employers.   The increased cases of exploitation in terms of wage and other issues that affected employees in organisation, industries and companies led to the formation of trade unions.    The trade unions aim was to improve employees pay and other employment conditions through representing the employees in a collectively bargaining.   The formation of trade unions was initially objected by employers who felt they had a right to exploit the poor since they owned factors of production.  Ã‚   In today’s society most employers who understand the role of trade union appreciate the efforts made by trade unions.  Ã‚   A group of employees may join together to form a trade union and they may seek recognition from their employer (Blyton and Turnbull, 61). Collective bargaining involves the process by which the employer and trade unions discuss and agree on the employment terms and conditions.   The collective bargaining does not normally establish legal relations between the employee and employer. However, the agreement areas which relate to terms and conditions of employment become basis of employment contract.   The employer and employee can then agree on the employment terms as agreed between the employee and trade unions although it’s subject to any changes made between the employee and the employer.   Collective bargaining takes place in firms of all sides.   Good employer-employee relationships contribute to a healthy employer-trade union relationship. The effectiveness if trade unions can only be measured through the outcomes of intervention in employer-employee relationship.   Some trade unions have been known to be dormant and reap money out of employees yet no change is noticed in employees conditions under which they work.   Few trade unions have colluded with employers and oppressed employees after which the employers have supported to the collapse of the trade unions due to breach of contract. A trade union is an independent   body which been formed by individuals who volunteer to form an association whose main goal is to represent and protect the employment, service-related, professional, economic and social rights and interests of the employees.   Employees regards to anyone employed despite the nature of work. The trade unions achieve their set goals though dialogue with employees, association of employees, local government and the government in which trade union exist.   The dialogue is based on consultancy and collective bargaining on issues that are of interest to employees.   All employees are at liberty to join or not to join any â€Å"trade union except members of National Defence Force, National Intelligence Agency and South African secret service (Edwards, 36). Extent to which employee representation through trade unions is effective depends on the nature of employment and size of business or organisation in which the employee is working in.   In small organisations the trade unions have a small scope of employee representation because most dialogue is done directly between the employer and employee.   In such small firms, the trade union efficiency in employee representation can be derived from their ability to negotiate for good pays and payment systems, hours of work, holiday, sick pay and pensions. Trade unions are regulated by labour Relations act. The labour Relations Act applies to all employers, workers, trade unions and employers’ organisations.   However the act does not apply to member of National Defence Force, National Intelligence Agency or South African Secret Service. Trade unions in large firms and organisations enhance the relationship between the employer and employee.   This is because the employees have their chosen representatives who present employee grievances to the trade union.   In large firms and organisations all aspects that concern the employment contract are made known to the trade union for the trade union to be effective. Employees who represent collective needs of employees to employer may face hostility from employers.   In most cases, the employees who stand out to fight for the collective rights of employees have lost their jobs and this has created sense of insecurity among employee leaders. This usually happens when the imposed changes are objected by the employer.   This problem has made employee representation through sponsored trade unions to be effective because trade unions are independent association of volunteers.   Sponsored trade unions, due to absence of fear of the repercussions are able to negotiate with employers, association of employers effectively so the employees’ interests are addressed (William and Adam Smith, 88). Employee representation through sponsored trade unions has been especially effective while dealing with collective issues that concern all employees in a given state.   The trade unions are mostly made up of radical individuals who are patriotic and committed to the overall objective of addressing employees’ interests which involve minimum wage of civil servants depending on the standard of living and economic growth or the country. Trade unions have been effective in addressing issues that concern mode of payment for employees to avoid such cases like delayed salaries and wages.   This has led to improved social welfare of the employees.   Trade unions have been known to intervene in cases where organisations and firms have failed to pay their employees in time.    Also, trade unions have intervened in cases where the employees are exploited through low wages.   The employees demand increment of salaries through trade unions.   The trade unions then hold meetings with the employer or association of employers to agree on the fair salary.   The intervention by trade unions had led to great improvement in the labour market and this can be seen through reduced strikes in most countries. In the past, there were few laws that governed issues elated to sick leaves, maternity leaves and general leaves.   The trade unions have been known to contribute greatly to the occupational law through identification of areas where unfair dismissal is applied. Most employees have suffered unfair dismissal from temporary contacts or permanent contract due to inevitable cases like when absenteeism occurs due to sickness and/or maternity leaves.   In small firms, employees have been known to suffer the ill-treatment silently but the presence of trade unions has shown a lot of improvement in the labour industry.   The trade union representative in such a case is allowed by the labour Relations Act to help and present workers in governance and disciplinary hearing when the employees agree (Blyton and Turnbull, 565). Increase in payment demands by employment has in most cases led to termination of employment of the pioneers of the idea.   This has fear among employees who want to maintain their employment.   However, the productivity of laborers decline because of the dissatisfaction with their salaries.   Trade unions therefore hold discussions with employers and they monitor the employer’s compliance with the labour relations Act which involves any law regulating terms and conditions of employment and whether they have honored any agreement that had been made between employer and employee. Employees cannot be able to monitor employer compliance with law due to fear of losing the employment hence employee representation through sponsored trade union ensure adherence by employer to any agreement that is passed concerning employee’s interest.   Effectiveness is achieved by ensuring employers comply and by reporting any failure by the employer to comply with the law or any made agreement to association of employers or any responsible authority or agency.   Employers are likely to act fast on the agreement when they are under the pressure of trade unions other than when employees are pushing. Employees have a tendency to act on the agreement made between employer and employees because employer acknowledge that trade unions are independent association that are protected and empowered by labour relations act. In countries where racism have been know to have great effect on employment environment especially issues regarding promotion and unfair treatment, trade unions have been known to intervene to ensure fair treat of all individual/employees in countries like US where racist is said to exist in most organisations, employees forward their grievances to trade unions because if they complain or demand justice, the employer may deny them their right or may terminate their contracts or employment. Employees therefore though the trade unions present their grievances to civil command and their discrimination issue is addressed. Employee representation through sponsored trade unions ensures that employers conform to anti-discrimination law; employees with different races, religion age and marital status are treated equally due to follow-up by trade union representative. There have been incidences where the working conditions pose a health hazard to the employees yet the remuneration given cannot cover the extent of risks the employees are exposed.   When individual employees complain of their dissatisfaction with the salary based on the risks the employees are exposed to, the employees may be terminated or may be pressurized to quit the job by the employer on the argument that there is plenty supply of labour.   The trade unions therefore intervene so that the employees are paid in accordance to the risks they are exposed to. Excess supply of labour had led to many employers’ taking advantage of the situation by paying the employees less wage as compared to the amount of work that they do.   Some employees may not even complain of their exploitation by the employer because they fear loosing their long awaited job.   In capitalistic societies, where the few are the owners of factors of production, there is high exploitation of the poor people who supply labour to the industries. The merchant in capitalistic societies pay constant wage which does not account for all the labour hours.   The poor work for more hours.   Trade unions in such situation have been known to be agents of social changes which may be radical.   The trade unions have contributed to the seizure of the habit by ensuring that employees are paid their worth irrespective of their positions.   Trade unions are accredited for presenting the grievances of the poor (Beardwell, 225). In organisation/firms where the employees are many, it becomes very hard to address the individual needs.   Trade unions therefore collect the individual needs and try to apply them to the whole group.   This is especially the case with civil servants who work in various regions of the state in different departments and therefore have different need. The trade unions address those needs by holding discussions with government officials and they may challenge the states labour law if they are to the disadvantage of employees.   The trade union in most countries have been known to cause remarkable changes in labour laws for example, setting the minimum wage that should be earned by any employee depending on the nature of job and category of job. Trade unions are effective more than individual employees especially in presenting individual rights since trade unions enjoy some favour from the industrial relations Bill in 2003.   The trade unions are able to negotiate for the members interests as association of employers. Trade unions contribute to the formation of government policies concerning resource allocations and other matters that concern employees.   Some trade union representatives are incorporated in the government policy making through writing proposals which the government use as guide in making the policies. The proposals consider the government resources and the human resource (employees) needs and make suggestions on how the government can integrate both parties’ demands given the scarce resources.   Though, even with the support from government through industrial relations Bill 2003, trade unions are faced with challenge of many cases taking long term to be completed.   There have been many pending cases in courts as noted in the Irish government (Beardwell, 225). Trade unions have been delegated many duties that concern employee interests.   However, trade union cannot represent the employees in full capacity to their employers.   This has led to formation of non-union groups in the industries, organisations or firms. These non-union groups are mainly composed of employees who seek to represent the grievances to the employers with an aim of consensus through dialogue.   The formation of non-union groups has been triggered by the disillusionments that have been incurred by many trade unions in Irish government.   The disillusionment is highly attributed by the long period of time that many industrial cases take in labour court.   In fact, the data from Irish government indicate that few races which may be less than ten cases have actually reached the determination stage (William and Adam Smith, 89). Most companies argue that there is scarcity of human resource in their firm and hence thus most times the labour is misused through denial of holiday leave some employees develop health complications due to overworking or work pressure.   Some employees when they report the need to be given lighter job are threatened or are denied the right because of their race, ethnicity or religion.   The employees can then sue the concerned organisation through the sponsored trade union for violation of occupational safety and health act.   This has brought positive results because employees have complied with the occupational safety and health act due to the power that trade union are accorded by the industrial relation Act. Most trade unions have been know to contribute greatly in the health and safety training of employees and employers and have had positive impact on the effectiveness f trade union.   In cases where the trade unions gain favour from employer or association of employers, through recognition, the trade union plans and strategies to address the issues that concern employees become very effective (Blyton,66). Most employers are reluctant to change the working conditions of their employees because they incur extra cost on the firm or organisation.   The employers in such cases do not pay attention to employee suggestions or grievances but intervention of trade unions enhance the situation because most employees are aware of the privileges that have been accorded trade unions by the industrial relations Act, 2003 (Edwards, 35). When an employer wants to introduce a new technology that is likely to affect the employees, the employees object the introduction through trade unions.   Most employers innovate ways in which to reduce operational costs without putting employees needs into consideration.   In most cases, the adoption of the technology requires lay off of some employees and this would have an effect on the employees’ welfare. The trade union takes up the matter and negotiates with the employer on the impact of the introduction on the economy.   Most employers have been known to balance their interests with the employees due to the effective presentation by trade unions. Strikes are common in many nations.   Strikes usually occur when the employees fail to act as per their agreement or sometimes strikes are done to demonstrate dissatisfaction with the employers’ services or treatment. Most employers have been noted to act very aggressively.   Some employees according ton various studies done in UK have been seen to fire few employees instead and this brought a lot of criticism from employees and public.   Trade unions become very crucial in such cases because they present the employees in court and sue for damages caused by the unfair dismissal of the employees.   In most cases, when the cases in court are taken up by trade unions, they are acted upon very fast other than individual employees because of the recognition of trade unions. Employees are meant to relate with their employers well.   The relationship between employer and employee should portray transparency and commitment by both parties towards the contract that they have entered into.   Good employee-employer relationship enhances the achievement of the organisations or firm’s goal.   When there is dialogue between employer and employee, the need for trade unions becomes insignificant. However, very few employers honour the terms and conditions of the contract according to occupational safety and health and yet they expect the employees to comply with the terms and conditions of the employment.   The conflict of interest between the two parties necessitates the need for an independent association trade union.   Other wise, compliance by both parties would produce positive results and would save time and cost on the firm or organisation incurred in legal proceedings. Most employees in UK have joined trade unions as shown by the government data.   The employees have joined the trade unions because of their recognition for the need of an arbitrator between then and the employees.   The employees can only be presented if they are members of trade union.   The membership is voluntary for all except members of defense. When most employees retire, there is tendency by the employers to fail to pay pensions.   Trade unions have noted to be effective in claiming the employees’ rights especially pension funds.   Most domestic jobs however do not have pension schemes for example the house keeping, shopkeeper attendant. This has limited the performance of trade unions because however much they want to assist the employees, the nature of job cannot favour the intervention of trade unions. Some employees have been known to abuse the trade unions power by failing to report of their absence from job and this limited the effectiveness of trade unions in presenting the employees.   Negligence by employees through for example, deliberately destroying a company’s wealth or resources like lighting a cigarette in a petrol station by an employee, cannot be protected.   The employers sometimes use the trade unions as puppet to push for their needs and interests.   This has led to ineffectiveness of many trade unions which have been disregarded by employers (Blyton, 33). The trade unions can liaise with the labour departments in many states.   The relationship between trade unions and labour departments has produced good fruits in many countries because it has increased recognition and the effectiveness of the unions.   The trade unions are known to gain favour from most governments hence the grievances of employees are addressed fast when they are represented through a trade union. The employee presentation through sponsored trade union can only be effective up to the point where the court ruling has been done.   Beyond court ruling the employee presentation through trade union then becomes insignificant.   The employees have to adhere to the court ruling whether it favours the employer or employee.   Most employees have face disillusionment after the trade unions efforts are undermined by the industrial court (Edwards, 21). Higher presentation of employees in the trade unions has contributed to higher returns or positive results.   This has been the inspiration by many employees to join trade unions.   The industrial Relation Act in Irish government which was amended in 2003 has been seen to favour trade unions.   However, the trade unions have realized their ineffectiveness due to the legislative system where many cases remain in court for so long.   The trade unions in Irish government were accorded right to bargain though labour courts and labour Relations Commission were given greater powers to resolve recognition and representation disputes (Beardwell, 213). Many countries are known to have similar legislative systems which give industrial Courts right to deal with employees’ disputes.   In countries, industrial courts recognize trade unions more than individual employees.   This had led to many employees been pressurized by the system to join trade union so that the disputes that have in industrial courts may be dealt with fast especially with intervention of trade unions. When trade unions are pushing for the employees’ interests, the employees feel at liberty to express them because they will not suffer victimization as would be the case if they pursued the interests or grievances as individual employees.   The labour relations commissions however, has reported cases of disillusionment the failure of the parties in disputes to meet timescale and deadlines in many instance.   The labour relations commission data in Irish government indicate that the failures are in most cases caused by employers but trade unions are not exempted too. In Europe, most employees even those working in small firms have enrolled into trade unions and this enhanced the services delivered to them.   However, the effort of trade unions has been undermined by the size and nature of employment. Trade unions are supposed to be independent in their practices that are directed into addressing the employees’ needs.   However, it’s easier said than done.   Some trade union representatives in their leadership positions seek to gain favour from the government.   This has led to few trade unions compromising their mission and objectives and this has proved ineffectiveness of the trade unions as employee representative.   In pursuit of favour from government officials or government itself, some union leaders have accepted tribes and this caused serious repercussions for the employee’s grievances.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Work Cited Beardwell Ian. ‘A Critical Analysis.’ Contemporary Industrial Relations vol.1 (1996): 212-311. Blyton I & Turnbull P. The Dynamics of Employee Relations.3rd ed. London:   Palgrave, 2004. Edwards P. Industrial Relations Theory and Practice in Britain.2nd ed. Oxford: Basil Blackwell, 2003. Williams S and Adam Smith D.   Contemporary Employment Relations. Oxford: Oxford University Press, 2006.