Workers compensation is a kind of insurance provided if a person is damaged or injured in the working process (Shafar para 1). There were different approaches to this issue throughout the time. In the USA it started to obtain its modern treatment at the beginning of the 20th century. Workers movements promoted the development of this instrument, and nowadays, it is a rather complicated tool which is modeled “after the original Prussian system” (Guyton 107).
Tripartism is an economic model based on the cooperation of business, labor, and state. Moreover, each of these components should act as a social partner. For example, the International Labor organization is based on this principle. Besides, sometimes representatives of government, workers, and employers work together to create some new principle or approach.
Social dialogue is any kind of conversation between two partners, which can lead to finding some compromise or decision. That means that two sides of the industry, workers, and employers (“Social dialogue” para. 1) can negotiate to find some solution. Usually, social dialogue is used when one side is unsatisfied with some conditions. For example, the best solution to the problem of strikes will be a social dialogue. On the contrary, if employers are not satisfied with their workers, they can talk with representatives of employees.
The International Labor organization is an institution which deals with regulation of labor relations (“The role and mandate of the ILO” para.1). Its main function is to watch the rights of workers to be preserved. Its resolutions have a great value for countries which are the members of the UN.
Collective bargaining is a kind of social dialogue between employers and employees. The main aim of this dialogue is to achieve understanding between these two groups. Agreements, achieved in the process of these negotiations, regulate working conditions at enterprises. The USA recognizes this institution, while in Europe, in the UK, for example, these agreements do not have such legislative power.
According to the labor law, there is a great number of different tools and remedies which regulate the relationship between employees and employers, trying to make this relation fair. However, power is not balanced. An employer has much more remedies to control his employees, while they do not have such a possibility. It is possible to prove this statement by the fact, that if an employee wants to get rid of a worker he will find the way to do it and nothing will be able to prevent him.
Workmans Compensation Problem
Having analyzed the situation, it is possible to come to certain conclusions. First of all, there are several things which should be taken into account. The first is that Kelly was not injured because of some failure in the manufacturing process. He attended a corporate evening at his free time.
He should be asked about the motifs of his coming to the evening and whether it was connected with the manufacturing process. Having heard his answers, it would be possible to make the conclusion that his injury is not connected with his work. That is why, it is obvious, that he does not have any right to get workers compensation.
Whistleblowing Scenario
The situation described is rather complicated as it involves all stages of the company, starting with common workers and ending with its officials. First of all, it should be recommended for a person to act in accordance with the laws accepted in the company. He should make all necessary reports, including those which will be prepared for officials who are involved in the process.
However, it is obvious, that these reports will not be very effective in terms of struggle with illegal production of drugs. That is why some reports should also be sent to relevant authorities. If the problem is not solved, it is possible to follow an employees advice and inform a newspaper.
Employee Relations Scenario
The situation described is very ticklish as it is connected with the personality of a worker, her reputation, and further perspectives. It is obvious, that the administrative assistant is guilty, though she has a good reputation. However, she now has a difficult time, that is why her behavior can be changed.
The best possible solution to this problem is a straightforward conversation with her. Though there is no direct evidence of her guilt, it is possible just to convince her that she needs help. This case should not be divulged, for her to be able to save her career. It is possible for her to change work and find a good psychologist.
Labour Relations Trends
Different countries have different labor laws which reflect the peculiarities of their culture and historical development. Some of the countries have a rich history of the tolerant treatment of people and workers and, as a result, their labor laws are very clear, distinctive and are aimed at the preservation of the rights of workers and guaranteeing their stable income. Other states just start development of the tolerant attitude towards people, and their laws are just beginning to change to be more democratic and caring.
Moreover, some of the countries still do not see the need for applying some changes to traditional relations between an employer and an employee. That is why it is interesting to compare and analyze differences and similarities of labor laws of different countries.
To see differences in approaches better, it is possible to analyze laws of the countries which have different traditions and culture and, as a result, people, who live there, have different mentality and point of view on these laws. Resting on these facts, it is possible to take Russian labor laws.
First of all, it should be said that for a long period of history a worker had been almost rightless in Russia. Being praised and respected, he/she, however, had to work hard and bring benefits to the state, not thinking about his/her income and prosperity. With the fall of the USSR, things changed, however, not much. Workers remain almost rightless. “Russian employment law exists on both a federal and regional basis” (Joseph para. 2). They should regulate the relations between an employee and an employer.
However, very often, these laws are not observed. The unemployment rate is rather high in Russia, that is why people use any possibility to work, even if it is connected with some risks, Moreover, very often people are not officially hired, for their employees not to pay taxes. In these cases, workers are deprived of any rights and depend on their chief greatly.
The situation is different in the USA or other European countries. It should be said that there is a contractual character of work in Germany. People know exactly under which conditions they are going to work and what they should do. A similar situation is observed in the USA. Being more concentrated on human rights, these states suggest more tolerant labor laws.
Works Cited
Guyton, Gregory. “A Brief History of Workers’ Compensation“. Iowa Orthop. 19 (1999): 106-110. Web.
Joseph, Celia. Russian Employment Law: Recruitment and Hiring. 2014. Web.
Shafar, Lindsey. How Much Do You Receive Weekly for Workers’ Compensation? Web.
Social dialogue. Web.
“The role and mandate of the ILO“. International Labor Organisation. Web.