Globally nations establish laws which help businesses and those working in them

Globally nations establish laws which help businesses and those working in them to have a great trust, understanding and smooth relationship. This is law is often referred to as the employment law. The employment law ensures that the employer/employee relationship is without hitches. The law sets down what employers can expect from their employees, what employers can ask of their employees and also what the employee’s rights at work are. Employment laws are important to ensure equity, transparency and fairness in the workplace. As a result, when organizations embark from recruitment and selection to exit management, the HR department must ensure that they comply with the legal obligations of the employment law completely.Employment Law in Nigeria and the United States of America I am a Nigeria and under the Nigerian law, the relationship between an employer and an employee is regulated by the constitution, and a draft of other statutes which affect the right of employees. Basically, all employment laws in Nigeria stem from the 1999 Constitution of the Federal Republic of Nigeria and the Labour Act, (Chapter L1), LFN 2004. The Nigerian Labour Act is the primary legislation which deals with the relationship between an employer and its employees. It contains quite a number of provisions which govern this relationship and also all the regulatory processes applicable for employers. It has powers to address civil and criminal cases and matters relating to labour, including trade unions and industrial relations, matters between employers, their organizations, employees and their trade unions/representatives respectively. The Act uses the word ‘workers’ in describing employees, and defines workers as not including persons exercising administrative, executive, technical or professional functions as public officers or otherwise. This implies that if your position is administrative, executive, technical or professional, then you are not likely covered by the Act. However, there are other laws to augment for the lapses in the Labour Act. These laws include;• The Trade Unions Act, (Chapter T14), LFN 2004 as amended by the Trade Union Amendment Act, No. 8 of 2005 – supporting employees to form or join unions;• The Trade Disputes Act, (Chapter T8) LFN 2004 and The Trade Disputes (Essential Services) Act, (Chapter T9), LFN 2004 – to settle trade disagreements;• The National Minimum Wage Act, (Chapter N61) LFN 2004 prescribes the minimum wage payable to employees regardless of whether such persons are employed in the public or private sector of the economy. The current minimum wage is N18000 which was recently upgraded to N30,000 but yet to be implemented by the federal government;• The Employees Compensation Act 2010; this describes the several compensations available to employees regardless of whether it’s a full time or contract job.• The Pension Reform Act 2014 establishes a contributory pension scheme for the payment of retirement benefits to employees in both the public service and private sectors of the Nigerian economy;• The National Housing Fund Act (Chapter N45), LFN 2004 requires an employer to deduct an amount equal to 2.5% (two and a half percent) of the monthly salary of any employee whose annual salary is up to three thousand Naira N3,000/US$20.02) and to remit the amount deducted to the National Housing Fund as the employee’s contribution to the National Housing Fund;• The National Health Insurance Scheme Act, (Chapter N42), LFN 2004 has an underlying objective to ensure that every Nigerian has access to good health care and to protect Nigerian families from the rising cost of health care service;• The Employees Housing Scheme (Special Provisions) Act, (Chapter E8), LFN 2004 makes it obligatory for an employer so designated by an order of the Minister of Employment, Labour and Productivity to establish, execute and maintain a housing scheme for its employees if it employs not less than 500 employees; and• The Industrial Training Fund (Amendment) Act, 2011 regulates the training and development of employees.The country I have chosen is the United States of America in North America, a location in which my organization intends to expand its network. In the United States, the department of labor oversees and enforces over 180 federal laws governing workplace activities for millions of employers and workers. The U.S. Department of Labor is responsible for regulating working conditions, wages, hours, and overtime pay, workplace violations including unpaid wages, minimum wage violations and misclassification of workers as exempt employees. Since, our organization has plans of moving into the US, here is a list of resources for some of the most important U.S. labor laws we have noted; • Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) enforces federal laws relating to discrimination, harassment of all kinds, Religious Discrimination and Employment Discrimination Laws. • Fair Pay Legislation: These are laws that prohibit discrimination on the basis of sex, including the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Civil Rights Act of 1991.• Fair Labor Standards Act (FLSA): Also known as the ‘Wage and Hour Bill’, FLSA was enacted by Congress in 1938. It regulates minimum wage, overtime, and child labor laws.• Minimum Wage: The current federal minimum wage is $7.25 per hour, but many states and metro areas set their own, lower or higher minimum wage. • Fair Credit Reporting Act (FCRA): If you’ve ever had a prospective employer ask to run a background check, you’ll want to know about your legal protections under this law.• The Consumer Credit Protection Act (CCPA): sets limits and protections for workers.• Americans with Disabilities Act (ADA): This law makes it illegal for employers to discriminate against job applicants based on disability.• Employee Retirement Income Security Act (ERISA): This law sets standards for health and retirement plans.• The Affordable Care Act – Nursing Mothers: Under the provisions of the ACA, employers must provide nursing mothers with a private room to nurse/express milk, as well as time to do so.• Family and Medical Leave Act: FMLA provides 12 workweeks of unpaid leave per12-month period for covered employees. In addition to federal leave, some states have enacted family and medical leave legislation. • Immigration and Nationality Act (INA): INA legislation specifies rules about work permits and wages for foreign nationals who want to work in the United States.• Child Labor Laws: These legal protections restrict and regulate working hours for minors, as well as the types of employment children in which may work.• Background Check Law: Regulates employment background checks and the manner in which they can be used during the recruitment process.• COBRA: The Consolidated Omnibus Budget Reconciliation Act gives workers the right to continue their health insurance coverage after separating from their job.• Drug Test Laws: Depending on your industry, drug testing may be regulated by state and/or federal law.• Employee Privacy Law: Learn how to protect your privacy on the job and during a job search.• Foreign Labor Law: Foreign nationals who want to work in the U.S. must obtain a work visa. The type of visa varies depending on the type of employment.• Occupational Safety and Health Act (OSHA): These laws regulate workplace safety.• The Wagner Act of 1935 and The Taft-Hartley Act of 1947: Protects the right of workers to organize and to form unions and regulates how those unions can operate.• Uniformed Services Employment and Reemployment Rights Act: USERRA outlines procedures and rights related to military leave.• Youth Labor Laws: The laws regulate the working hours and conditions of workers under the age of 18. • Workers’ Compensation: State-provided insurance for workers who are injured on the job. • Social Security Disability: If you’re disabled by a qualifying medical condition and have worked at jobs covered by social security, you might be entitled to disability support.Comparison Between Nigerian and the United States of America Employment LawsS/n Similarities Differences1 Nigeria and the US both have laws that protect the employee from the employer. Labour laws in Nigeria are doesn’t holistically cater for all worker categories for example the Nigerian Labour Act, but the US laws is valid for employers and employees in the US. 2 Both countries have laws that protect the employer from the employee’s claims. US labour laws are more precise, documented, legally binding and easy to interpret compared to Nigerian labour laws.3 There is an established body that oversees these laws i.e. The Nigerian Ministry of Labour and the US Federal Ministry of Labour. Nigerian labour law describes minimum wage to be N18000 now upgraded to N30000 ($82.5) per month while US minimum wage is $7.25 per hour (Doyle, 2019).4 Both laws state the enforcement and consequences and of failing to keep contract to laws. The US laws require posters of OSHA oversight and accountability of injuries by reporting and documenting reports for the employees of business to be aware of but the Nigerian National Health Insurance Scheme does not.5 Both laws are very subjective as they can be appealed by both parties involved and need investigation when there is an infraction. In the Nigerian, greater responsibilities are placed on the employees to make themselves safe as there is no stated law that hold employers responsible for lack of proper training.6 Both laws make provisions for employee minimum wage, employee compensation and the right for employees to join trade unions. In Nigeria, no young person under the age of fifteen years shall be employed or work in any industrial undertaking, but in the US the age is 18.7 Both have immigrants’ laws as relating to employers and employees as well as issues bothering around permit to work. The ADA makes it illegal for employers to discriminate against job applicants based on disability. But in Nigeria, no specific law deals with protecting the interests of job applicants based on disability.8. Written Employment Contract is required in both countries. International Corporate Employment Policy Following several international corporate employment policies at the workplace, family medical and family leave policy interests me. Before setting up the policy, I would consult senior managers, line managers, supervisors and employees for their input and recommendations through a request on proposed change of policy making. I would also hold meetings with the interested stakeholders; employers and employees and ask them to submit written comments through the company’s email. After considering all the information, the change of policies will be written, endorsed and enforced through the management.Family Medical and Family Leave PolicyIt is imperative that all employees of ABC company be punctual and do their job efficiently as coworkers and customers are dependent on them fulfilling their job duties. Family Medical and Family Leave allows employees who have worked for longer than a year, have access to job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member childcare requirement. If an employee who has been working at the company for a year or more has a serious illness or a family member that is seriously ill, whether his legal or adopted child has childcare requirements or has causes for frequent absences, the employee can get paid leave for three months. This policy does not release the employee from his or her responsibilities to fulfil his duties by arranging with his/ her supervisor and letting them know the issues of the case one week within the occurrence of the issue at hand. If supervisor is unavailable, employees may speak to the immediate supervisor or manager of the supervisor. Failure to inform management of this issue and consistent unpunctuality of three days or more will be considered neglect of duty which may attract severe sanctions or sack from the company.Consequences of Overuse of Family Medical and Family Leave TimeAn absence for more than three months leads to severe sanctions or termination of appointment. This may start after a disciplinary action for misuse of time over the three months period. Disciplinary action or include termination will occur with the overuse of family leave. The disciplinary action will consist of a written warning for the days missed after the three months followed by employment termination when an employee has used up to 48 hours over the three months period.Attendance Bonus for Nonuse of Family and Family Medical Leave• Two (2) weeks’ pay if there are no issues within a three-month period• Annual bonus after the end of an employee’s calendar yearPlease read the policy carefully to ensure that you understand before signing document.