Answer to Question #239446 in Management for niaa

Question

Identify, examine, and evaluate at least 5 major employment relation issues and trends or changes that are experienced in any South Pacific Island Country that you think better explain such pressure.

Answer 1

South Pacific Island Country

Employment relations challenges develop in South Pacific island countries as a result of the following trends: the law's reach is either too restricted or too narrowly defined. To begin, the law is insufficiently or ambiguously drafted, casting doubt on its applicability. Whatever definition is used, the employment relationship establishes reciprocal rights and obligations between the employee and the employer. It has been and continues to be the primary method through which employees can obtain employment-related rights and benefits under labor and social security law. The existence of a work relationship determines whether or not employee-specific labor and social security rules are enforced. It is the primary source of information used to determine an employer's rights and responsibilities toward its employees, (Mimura, 1999).

Second, the relationship between employer and employee is concealed. Employment connection is a legal term that refers to the relationship between an individual referred to as an employee and an employer for whom the employee performs work in exchange for compensation under specified terms. Whatever definition is used, the employment relationship establishes reciprocal rights and obligations between the employee and the employer. The employment relationship has been and continues to be the primary mechanism for workers to obtain employment-related rights and benefits under labor law and social security. It is the primary source of information used to determine an employer's rights and responsibilities toward its employees.

Thirdly, the relationship is objectively ambiguous, which raises questions regarding the existence of a genuine professional relationship. According to the consensus statement, numerous country studies greatly expanded the pool of available data on job connections and the extent to which dependent workers lost protection under labor and employment laws. The Meeting determined that countries should establish or continue a national policy in which they would regularly examine and, if necessary, clarify or amend the scope of employment relationship regulation in their domestic legislation to reflect contemporary employment realities (Mimura, 1999). The review process should be transparent, with input from social partners. Additionally, the experts acknowledged that the ILO could play a critical role in aiding governments in developing policies that ensure that laws governing work relationships safeguard vulnerable people.

Additionally, while a work relationship exists, it is unclear who the employer is, what the employee's rights are, and who is responsible for them. Of course, not every country's work-life balancing scenario is identical. Where the official economy employs a tiny proportion of the population and unemployment is severe, the self-employed population grows. Even under these conditions, wage laborers may account for a sizable share of the working population (Mimura, 1999).

Finally, there is a deficiency in compliance with and enforcement of existing laws. While "compliance" refers to a stated level of adherence to a set of legal criteria or standards, "enforcement" refers to "the efforts undertaken by governments and others to promote compliance within the regulated population and to correct or eliminate instances of non-compliance." In the regulatory cycle, the term "enforcement" refers to the activities conducted in response to non-compliance, such as the implementation of a penalty for the violation and/or the measures made to prevent and/or rectify environmental harm.

Reference

Mimura, N. (1999). Vulnerability of island countries in the South Pacific to sea level rise and climate change. Climate research, 12(2-3), 137-143.