ANSWER THE QUESTIONS BELOW. LIST YOUR SOURCE(S) FOR ALL ANSWERS: ( IN –TEXT AND IN A REFERENCE LIST USING THE PROPER METHODOLOGY)
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9-Moralrights.pdf
PLAN FOR TODAY
• 1. INTRODUCTION
• 2. RECAP
• 3. MORAL RIGHTS IN THE WORKPLACE
• 4. HOMEWORK
MORAL RIGHTS IN THE WORKPLACE
MORAL RIGHTS IN THE WORKPLACE
Work is one of the most important and highly valued human activities because it is instrumental to so many other important human goods.
Work is inevitable for most people, but work is also something that is controlled by other people – direct manager, CEO, board of directors, etc.
Therefore, work is related to some rights that protect the interests of employees and impose duties on the people who control their working lives.
MORAL RIGHTS IN THE WORKPLACE
1. Legal Rights 2. Contractual Rights 3. Moral Rights
MORAL RIGHTS IN THE WORKPLACE
1. Legal Rights
Are granted to employees on the basis of legislation or judicial rulings;
• Minimum wage • To equal opportunity • To bargain collectively as part of a union
MORAL RIGHTS IN THE WORKPLACE
2. Contractual Rights
Are referring to those goods that employees are entitled to on the basis of contractual agreements with employers;
• Health care package • Paid holidays • Pension Funds
MORAL RIGHTS IN THE WORKPLACE
3. Moral Rights
Are referring to those entitlements to which employees have a claim independent of any particular legal or contractual factors;
• Respect as human beings
MORAL RIGHTS IN THE WORKPLACE
3. Moral Rights
‘’Those general moral entitlements that employees have to certain goods ( or protection from certain harms) within the workplace.’’
In other words, they establish the basic moral framework for employer-employee relationships.
Source, Textbook, p.123
- Food for thoughts –
Does your employer have the right to read the e-mails on your work account?
Should employer be allowed to monitor your web browsing history?
Does your employer have the right to read your text messages on your work- provided phone?
Can you be fired because your boss read a comment you made about your employer on FB?
If you worked in HR would you visit the FB page of a potential employee and use the information to support your hiring decision?
Would you Google potential employees?
MORAL RIGHTS IN THE WORKPLACE
MORAL RIGHTS IN THE WORKPLACE
1. The Right to Work
Because work is necessary to secure central primary goods the right to work - or the right to a job- is considered by many as a moral right.
This right also implies that once hired, employees have a right to keep their job and can be fired only for good reasons.
MORAL RIGHTS IN THE WORKPLACE
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Source: UN Declaration of Human Rights
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
From a legal principle, due process defines the limitations that offer protection against arbitrary uses of authority.
i.e. The right to trial, the right to legal representation and so forth.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
From a philosophical perspective, due process means that even legitimate authority cannot be used in just any manner.
i.e. Courts cannot make a decision just by flipping a coin, the police cannot obtain confessions by using coercion or torture.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
Due process right establishes the process that an employer must go through to ensure his decisions are not arbitrary.
i.e. Employees can be dismissed for good cause, but they cannot be dismissed for no cause.
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
The process
A prior warning Documentation
Written Performance
Standards
Probationary Periods
MORAL RIGHTS IN THE WORKPLACE
2. Due Process in the Workplace
The process
Punishment proportionate to
the infraction
Possibility to respond
Possibility to appeal
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
In society in which individuals are respected as autonomous and free decision makers, authority is justified by the consent of the governed.
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
Employees should have the right to co-determine any policy that has a significant impact on their work lives.
MORAL RIGHTS IN THE WORKPLACE
3. Participation Rights
Can benefit the business and the employees because they may bring;
1 -- A sense of Self-respect and Self-worth 2 -- Meaning and Value into work life
Which may reduce mental health, alienation and burn- out associated with workplace condition.
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
‘’Organized efforts and procedures for identifying workplace hazards and reducing accidents and exposure to harmful situations and substances.’’
Source: Business Dictionary
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
It also includes;
1. Training of personnel in accident prevention 2. Accident response 3. Emergency preparedness 4. Use of protective clothing and equipment.
MORAL RIGHTS IN THE WORKPLACE
4. Employee Health and Safety
There should NOT BE ANY trade-offs between
H&S standards AND job security or wages
The risks associated with the workplace, need to be reduced to the lowest level and employees need to be fully aware of these risks.
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
People expect to have some privacy at work, even if they are on their employer's premises and using the employer's equipment.
At the same time, it's normal that working for someone will mean giving up some privacy.
Source: Office of the Privacy Commissioner of Canada
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
But the possibilities for infringing on privacy are greater than ever before;
Psychological tests, web-browsing records, video surveillance, keystroke monitoring, genetic testing.
Source: Office of the Privacy Commissioner of Canada
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
Employee privacy is violated when
1- Employers infringe on personal decisions that are irrelevant to the employment contract
MORAL RIGHTS IN THE WORKPLACE
5. Privacy in the Workplace
Employee privacy is violated when
2- When personal information that is irrelevant to the employment contract is collected, stored or used without the prior consent of the employees.
MORAL RIGHTS IN THE WORKPLACE
1. The Right to Work 2. Due Process in the Workplace 3. Participation Rights 4. Employee Health and Safety 5. Privacy in the Workplace
CONCLUSION • Many laws and legislation cover rights in the workplace (federal and
provincial laws, contractual agreement)
• But moral rights are beyond the laws and legislation and refer to those entitlements to which employees have a claim in regards to their self- respect and protection as human beings
• They establish the basic moral framework for employer-employee relationships
- Food for thoughts –
Does your employer have the right to read the e-mails on your work account?
Should employer be allowed to monitor your web browsing history?
Does your employer have the right to read your text messages on your work- provided phone?
Can you be fired because your boss read a comment you made about your employer on FB?
If you worked in HR would you visit the FB page of a potential employee and use the information to support your hiring decision?
Would you Google potential employees?
THINK- PAIR- SHARE
HOMEWORK
REVIEW ALL THE RESOURCES ON C4
READ CHAPTER 6 OF YOUR
TEXTBOOK
A) DEFINE MORAL RIGHTS
B) NAME AND EXPLAIN 2 MORAL RIGHTS IN THE WORKPLACE
C) Does your employer have the right to read your text messages on your work-provided
phone? Use concepts presented in class and in your textbook to support your answer.
