The Power in the Employer-Employee Relationship

Weighing Both Side: Employer

According to the Law, there should be evidence in an employer-employee relationship and the elements in determining its existence are the following: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and the (d) the employer’s power to control the employee’s conduct, not only as to the result of work needed to be done, but also in the means of the applied method to finish the tasks (Almirante, 2007).

An example of the employer-employee relationship is illustrated in the name under Employee A and Employer B. For an instance, there is a disagreement between employee A and employer B which is very common in any organization. First, employer B is based in another country which is miles away from the mother country of employee A. The issue here is not the miles they are apart but the engage of the business and its affiliations. In this part, there is a blurred problem that might appear.

Second, if the country based of employer B directed to make an increase in the salary and wages of every employee then, employee A is entitled to receive the equal amount scheduled by the law. If the employer B did not comply on this change, he might be charged according to the rule of their government of Labor Law. Thirdly, even though employer B is far, he still holds the power of dismissal, like suspending the business activity of employee A or charging him with various offenses such as serious misconduct or gross neglect of duty; if and only if employer B proved that his accusations are true against employee A.

And the fourth and the most important is that employer B has the power of control over the means and method of petitioner in accomplishing his work. For an instance, if Employer B is engaged in furniture business, he may suggest employee A to use other methods or practice to craft furniture, even though it is time consuming.

Weighing Both Side: Employee

However, there are courts that involved other significant factors as key indicators of an existing employer-employee relationship. It is through the contract and practical relationship between the employer and the employee; the contracts specified to achieve the given result of an employer to his employee/s; the presence of control and direction in the nature of their work; working independently for the business; power of delegation; and integration (TRM, 2000). It is clear to think that an employer has the power in controlling and directing or supervising about the related concepts of a work. With the supervision that came from the employer, there is a strong indication of the relationship and the driving power is in the hands of the employer or supervisor.

Meanwhile, under the power of delegation, the power is in the hands of the worker to engage another person to undertake the work, and thus, the worker acts as independent contractor. His power of delegation is primarily focused on achieving a result rather than obtaining the services of a co-worker. The delegation of work and the power over it is considerably based on the arrangement between the parties involved in the practice.

For example, a worker is engaged in transaction with an employer and authorized him to lead others; therefore, the power of delegation is existed. The same worker can wisely choose a group to make the work done because of their expertise. He may direct them or divide the workforce to accommodate the target date of finishing the task, if there’s any. Whenever, there is an employee who is incapacitated to participate in the production, like a sudden fever hits him and prevents him to do his task then the assigned worker has the power to replace the other employee with a new one. And if the result of their work did not reached the expectation of the employer or the contractor, the assigned employee is bound to face consequences even though he did not took part in the production.

Analysis

The power within the employer-employee relationship can be found in the employer. It is because first, employer is the one who is still responsible in delivering the products and services. If the manufacturing company delivered insufficient product, the blame will be on the company which is directed on the leaders. Second, the power of delegation is still based on the trust and perception of an employer to his workers. A worker cannot lead the whole workforce if there is no authority came from the supervisor, besides employees’ treats each other equal whenever they are inside the firm. And third, employees have the right and not the power. The court or the Labor Law gave the employees the right about their salary or wages, benefits, leaves, and other incentives or labor regulations implemented by the law.

Now, the managing the people in the hard especially when an employer or the supervisor has no power over them. The power means to direct and rule the people based on the organization’s objectives under the employee’s care and not to abuse them. With proper communication, the employee and employer relationship can be established in a strong way. However, there are still strategies that are applicable in the theory of communication between the employees and the employers in promoting the success of an organization (Jamrog, 2002). Employers should motivate the employees to do their best and satisfying them, he should also provide attention to their needs, and recognize them as part of the entire team.

References:

Almirante, D., (2007) Employer-Employee Relationship (Arsenio T. Mendiola versus CA<>http://www.sunstar.com.ph/static/ceb/2007/10/06/bus/employer.employee.relationship.html [Accessed 01 Dec 2009]

Jamrog, J., (2002) The Coming Decade of the Employee, Human resource Planning, 25(3)

TRM, (2000) Employer/Employee Relationship Territory Revenue Management. Commissioner on Taxes [Online] Available at: http://www.nt.gov.au/ntt/revenue/pdf/prt007.pdf [Accessed 01 Dec 2009]