Chereads / Henki Business Volume Two / Chapter 25 - The Truckers

Chapter 25 - The Truckers

IMPACT OF BUSINESS PRACTICES ON WORKING CONDITIONS AND LABOR RIGHTS

Business practices have a significant impact on labor rights, and unfortunately, many businesses prioritize profits over the well-being of their workers. This can result in a range of negative effects on labor rights, including exploitation of workers, poor working conditions, child labor, and more.

In the modern era, organizations are facing several challenges due to the dynamic nature of the environment. One of the many challenges for a business is to satisfy its employees to cope with the ever-changing and evolving environment and to achieve success and remain in the competition. To increase the efficiency, effectiveness, productivity, and job commitment of employees, the business must satisfy the needs of its employees by providing good working conditions.

The working environment consists of two broader dimensions such as work and context. Work includes all the different characteristics of the job like the way the job is carried out and completed, involving the tasks like task activities training, control of one's own job-related activities, a sense of achievement from work, variety in tasks, and the intrinsic value for a task. Many research papers have focused on the intrinsic aspect of job satisfaction. Results have shown that there is a positive link between the work environment and the intrinsic aspect of job satisfaction.

All employees want and deserve a workplace that is physically and emotionally safe, where they can focus on their job responsibilities and obtain some fulfillment, rather than worrying about dangerous conditions, harassment, or discrimination. Workers also expect fair pay and respect for their privacy.

If a corporation expects its employees to act ethically, that behavior must start at the top, where managers hold themselves to a high standard of conduct and can rightly say, "Follow my lead, do as I do." At a minimum, leaders model ethical behavior by not violating the law or company policy. One who says, "Get this deal done, I don't care what it takes," may very well be sending a message that unethical tactics and violating the spirit, if not the letter, of the law are acceptable. A manager who abuses company property by taking home office supplies or using the company's computers for personal business but then disciplines any employee who does the same is not modeling ethical behavior. Likewise, a manager who consistently leaves early but expects all other employees to stay until the last minute is not demonstrating fairness.

Different factors within the working environment such as wages, working hours, the autonomy given to employees, organizational structure, and communication between employees & management may affect working conditions. Work has been done to understand the relationship between work environment and job satisfaction all around the world in different contexts over the years.

Another responsibility business owes the workforce is transparency. This duty begins during the hiring process when the company communicates to potential employees exactly what is expected of them. Once hired, employees should receive training on the company rules and expectations. Management should explain how an employee's work contributes to the achievement of company-wide goals. In other words, a company owes it to its employees to keep them in the loop about significant matters that affect them and their job, whether good or bad, formal or informal. A more complete understanding of all relevant information usually results in a better working relationship.

Historically, however, a significant number of companies and managers failed to demonstrate ethical leadership in downsizing, eventually leading Congress to take action. The Worker Adjustment and Retraining Notification (WARN) Act of 1989 has now been in effect for almost three decades, protecting workers and their families (as well as their communities) by mandating that employers provide sixty days' advance notice of mass layoffs and plant closings. This law was enacted precisely because companies were not behaving ethically.

The WARN law mandates advance notice of mass layoffs to workers so that they can adequately prepare for such an event.

The goal of the law is to ensure that employers provide a workplace environment free of risks to employees' safety and health, such as mechanical or electrical dangers, toxic chemicals, severe heat or cold, unsanitary conditions, and dangerous equipment.

The Occupational Safety and Health Administration (OSHA), which operates as a division of the Department of Labor and oversees enforcement of the law, is created by the National Institute for Occupational Safety and Health (NIOSH), and it serves as the research institute for OSHA and enunciates appropriate standards for safety and health on the job.

OSHA and related regulations give employees several important rights, including the right to make a confidential complaint with OSHA that might result in an inspection of the workplace, to obtain information about the hazards of the workplace and ways to avoid harm, to obtain and review documentation of work-related illnesses and injuries at the job site, to obtain copies of tests done to measure workplace hazards, and protection against any employer sanctions as a consequence of complaining to OSHA about workplace conditions or hazards.

Poor working conditions are another negative impact of business practices on labor rights. Businesses may prioritize profits over worker safety, leading to unsafe working conditions that can result in injuries and even fatalities. This is particularly true in industries such as manufacturing and construction, where workers are often exposed to hazardous conditions.

Businesses that prioritize profits over labor rights can create a culture of fear and intimidation in the workplace. Workers may be afraid to speak out about poor working conditions or unfair labor practices, leading to a lack of accountability and a disregard for workers' rights.

A worker who believes his or her OSHA rights are being violated can make an anonymous report. OSHA will then establish whether there are reasonable grounds for believing a violation exists. If so, OSHA will inspect the workplace and report any findings to the employer and employee, or their representatives, including any steps needed to correct safety and health issues.

Business practices have a significant impact on labor rights, and unfortunately, many businesses prioritize profits over the well-being of their workers. This can result in a range of negative impacts on labor rights, including exploitation of workers, poor working conditions, child labor, and a lack of accountability in the workplace. Businesses need to prioritize fair labor practices that respect workers' rights and promote their well-being.

NON-DISCRIMINATION AND EQUAL OPPORTUNITIES

The non-discrimination principle requires the equal treatment of an individual or group irrespective of their particular characteristics and is used to assess neutral criteria that may produce effects that systematically disadvantage persons possessing those characteristics.

The principle of non-discrimination based on nationality was essential for the establishment of a common labor market in Europe.

The principle of equal pay for women and men was considered similarly significant for ensuring that fair competition among employers in different Member States was not distorted by different regulatory labor standards involved in the implementation of the principle of equal pay.

Non-discrimination means that individuals should not be treated differently based on their characteristics. Discrimination can take many forms, including direct discrimination, where an individual is treated less favorably because of their characteristics, and indirect discrimination, where policies or practices have a disproportionate impact on certain groups.

Equal opportunities mean that individuals should have an equal chance to succeed based on their skills and qualifications, regardless of their characteristics. This means that employers should provide all employees with access to the same opportunities for training, promotion, and career development.

Non-discrimination and equal opportunities are fundamental principles that promote a fair and just society. Employers can promote these principles by implementing policies and practices that support diversity, inclusion, and fairness in the workplace.

Discrimination describes the unjust or prejudicial treatment of an individual or a group of individuals based on who they are or whom they are suspected to be. Treatment can be an action, a decision, a rule, or law that has an effect, such as distinction, exclusion, or restriction, on a person or group of people. As a result of such treatment, the discriminated person is unable to enjoy his/her human rights or other legal rights or experiences a significant disadvantage in the enjoyment of such rights.

Discrimination can be both direct and indirect. On the one hand, direct discrimination describes the distinct differential treatment of a person compared to another person in the same situation to his/her disadvantage based on their characteristics. On the other hand, discrimination can be indirect, when equal treatment or so-called neutral treatment affects different groups of people significantly differently.

Discrimination on the grounds of nationality has always been forbidden by the European Union (EU) treaties, as has discrimination based on sex in the context of employment. The other grounds of discrimination were mentioned for the first time in 1997, with the signature of the Treaty of Amsterdam.

EU countries are obliged to ensure that judicial and/or administrative procedures are available to all people who consider themselves wronged by a failure to apply the principle of equal treatment to them. This still applies even after the relationship in which the discrimination is alleged to have occurred has ended.

Non-discrimination law aims to allow all individuals an equal and fair chance to access opportunities available in society. This means that individuals or groups of individuals who are in comparable situations should not be treated less favorably simply because of a particular characteristic such as their sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation.

The principles of equality and non-discrimination are part of the foundations of the rule of law. As Member States noted in the Declaration of the High-Level Meeting on the Rule of Law, "all persons, institutions, and entities, public and private, including the State itself, are accountable to just, fair and equitable laws and are entitled without any discrimination to equal protection of the law". They also dedicated themselves to respecting the equal rights of all without distinction as to race, sex, language, or religion.

The international human rights legal framework contains international instruments to combat specific forms of discrimination, including discrimination against indigenous peoples, migrants, minorities, people with disabilities, discrimination against women, racial and religious discrimination, or discrimination based on sexual orientation and gender identity.

Discrimination occurs when a person is treated less favorably than others because of characteristics that are not related to the person's competencies or the inherent requirements of the job. All workers and job seekers have the right to be treated equally, regardless of any attributes other than their ability to do the job. Discrimination may occur before hiring, on the job, or upon leaving.

Freedom from discrimination is a fundamental human right. Workers need to be able to choose their employment freely, to develop their potential to the full, and to be rewarded based on merit.

There are numerous international labor standards addressing discrimination. The 1998 ILO Declaration on Fundamental Principles and Rights at Work calls on all member States to promote and realize within their territories the right to be free from discriminatory employment practices. It identifies as fundamental conventions the Discrimination (in Employment and Occupation) Convention.