Unit one: Principles of personal responsibilities and working in a business environment Assessment You should use this file to complete your Assessment. • The first thing you need to do is save a copy of this document, either onto your computer or a disk • Then work through your Assessment, remembering to save your work regularly • When you’ve finished, print out a copy to keep for reference • Then, go to www. vision2learn. com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number.
Please note that this Assessment document has 8 pages and is made up of 7 Sections. Name: Edward Vaughan Section 1 – Know the employment rights and responsibilities of the employee and employer 1. Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information). Four main points included on a contract are: 1. Term of employment 2. Compensation and Benefits 3. Duties and Responsibilities 4.
Termination of Employment. Below is an example:
|SAMPLE EMPLOYMENT CONTRACT |
|SAMPLE EXECUTIVE EMPLOYMENT AGREEMENT |
|This Executive Employment Agreement (“Agreement”) is made and effective this [date], by and between [company] (“Company”) and [executive]|
|NOW, THEREFORE, the parties hereto agree as follows: |
The Company agrees to hire Executive as its [title], and Executive accepts this employment based on the terms of employment for regular employees. If there is any conflict or ambiguity between this Agreement and the terms for regular employees, this Agreement will take precedence. The election or appointment of Executive to another office or position, even if it is lower than the initial one, does not violate this Agreement.
Executive’s responsibilities include performing all customary duties of the office specified in the Company’s bylaws, as well as any other duties and projects assigned by a superior officer or the board of directors. It is mandatory for Executive to dedicate their entire productive time and attention to the Company’s business and fulfill all duties in a professional, ethical, and businesslike manner.
Throughout the duration of this Agreement, the Executive is not allowed to partake in any other business endeavors. This encompasses various roles such as being an employee, employer, consultant, principal, officer, director, advisor or any similar position. Prior written consent from the Company is mandatory for such involvement and applies regardless of compensation received. Moreover, apart from the designated responsibilities, the Executive is empowered and directed to fulfill any additional specific duties and authorizations. A. The Executive’s compensation shall be provided according to the terms specified in this Agreement.
The text provides an overview of the salary agreement terms. It includes a base salary and an incentive salary, both subject to conditions. The base salary is paid in installments according to the Company’s payroll schedule and can be adjusted annually at the board of directors’ discretion. The incentive salary is calculated based on a percentage of the adjusted net profits of the Company, starting from a specific year and continuing throughout the agreement.
To calculate the adjusted net profit, an independent accounting firm hired by the Company follows generally accepted accounting practices. However, certain factors are excluded from this calculation, such as incentive salary payments, pension and profit sharing plan contributions, extraordinary gains or losses, refund or deficiency of taxes from previous years, and unnecessary provision for taxes from prior years.
It should be noted that once determined by the accounting firm, their decision is final and binding for both parties –the executive and the Company. The payment for the incentive salary will be disbursed within 30 days after completion of audit by this independent accounting firm appointed by our company.
If the final audit is not completed within 90 days after the end of the fiscal year, a preliminary payment equal to 50% of the amount based on the adjusted net profits determined by the independent accounting firm will be made. The remaining balance will be promptly paid after completion of the audit by the Company’s independent accounting firm. The maximum incentive salary for any given year for an Executive shall not exceed [maximum incentive compared to base] of their base salary.
Benefits provided include holidays and personal days. An Executive is entitled to a minimum of [number of paid holidays] paid holidays and [number of personal days] personal days per calendar year. At the start of each calendar year, the Company will furnish a holiday schedule for the upcoming year. Any personal holidays must be scheduled in advance as per Company requirements.
The following policies apply to holidays, vacation, sick leave, emergency leave, and insurance for the Executive:
A. Holidays: Holidays must be used in the current calendar year and cannot be carried over to the next year. The Executive is not eligible for personal holidays within the first six months of employment.
B. Vacation: After six months of employment, the Executive will receive a specific number of paid vacation days each year.
C. Sick Leave: The Executive will have sick leave and emergency leave according to the Company’s regular policies. Any additional sick or emergency leave beyond provided paid leave will be unpaid and subject to board of directors’ discretion.
D. Medical and Group Life Insurance.
Company undertakes to include Executive in Company’s group medical and hospital plan, as well as providing group life insurance for Executive, with no cost to Executive, in the amount of [amount of group life insurance] during this Agreement. Executive will be responsible for paying any federal or state income tax imposed on these benefits. Executive will have the right to participate in any pension or profit sharing plan or any other similar plan that Company implements for its officers and regular employees. Moreover, Company will grant Executive the use of an automobile, at Executive’s discretion, with a gross purchase price not exceeding [maximum purchase price].
Company agrees to replace the automobile with a new one at Executive’s request no more often than once every | |two years. Company will pay all automobile operating expenses incurred by Executive in the performance of an Executive’s company duties. | |Company will procure and maintain in force an automobile liability policy for the automobile with coverage, including Executive, in the | |minimum amount of $1,000,000 combined single limit on bodily injury and property damage. | |G. Expense Reimbursement. Executive shall be entitled to reimbursement for all reasonable expenses, including travel and entertainment, | |incurred by Executive in the performance of Executive’s duties.
Executive is responsible for maintaining records and written receipts in accordance with Company policy. These records may be requested by the board of directors to verify expenses. 5. Term and Termination. A. The Agreement will begin on [start date] and last for the [initial term]. Afterward, the Agreement can be extended by agreement between the Executive and the Company. During the Initial Term, the Company has the right to terminate this Agreement and Executive’s employment. In such cases, the Company will compensate the Executive with an amount equal to their base salary for the remaining duration of the Initial Term, plus [severance pay during initial term] of their base salary.
If termination occurs, the Executive will not receive any current incentive salary payment or other compensation. However, if the Company terminates after the Initial Term, the Executive will be paid [severance pay after initial term] of their current base salary. In discretionary termination cases, the Executive will not be entitled to any current incentive salary payment or other compensation. Conversely, the Executive has the option to terminate this Agreement by providing at least thirty (30) days prior written notice to the Company.
If the Agreement is terminated by the Executive, the Company can immediately relieve the Executive of all duties and terminate the Agreement. However, the Company must continue to pay the Executive at their current base salary rate until the termination date mentioned in their original notice.
D. If the Executive violates any important obligation towards the Company under this Agreement or consistently neglects duties outlined in this Agreement or engages in dishonest behavior that harms the reputation of the Company or is convicted of a criminal act or commits an act of moral turpitude, then Company can terminate this Agreement by giving five (5) days notice to Executive. In such case, Executive will only be compensated at their current base salary rate until and including the termination date.
The Executive will not receive any incentive salary payments or other forms of compensation, regardless of whether they are prorated or otherwise. If the Company is acquired, becomes the non-surviving party in a merger, or sells almost all of its assets, this Agreement will still remain valid and the Company will make utmost effort to ensure that the transferee or surviving company is legally bound by the terms outlined within this Agreement. Any required notice under this Agreement must be in written form and personally delivered or sent via certified mail, with prepaid postage, or recognized overnight delivery services. This agreement represents the definitive and final understanding between both parties involved.
This Agreement supersedes and replaces all prior understandings or agreements regarding the subject matter. It may only be modified with a written agreement from both parties. The laws of the state will govern the interpretation and enforcement of this Agreement. The headings in this Agreement are provided for convenience purposes only and should not be used to determine meaning or intent. Executive is prohibited from assigning this Agreement or any interest in it without written approval from the Company, which reserves the right to withhold such approval at its discretion. In the event that any provision of this Agreement is deemed invalid, it shall not affect the validity of the remaining provisions.
If any term of this Agreement is deemed invalid or unenforceable by a court, the Agreement will still be in effect with all other terms remaining valid. Furthermore, both parties agree to attempt amicable resolution of any disputes arising from this Agreement. In the event that a resolution cannot be achieved, the dispute will be settled through arbitration according to the rules of the American Arbitration Association. The decision rendered by the arbitrator(s) may then be presented to a court with jurisdiction over the matter.
Arbitration must occur either at the agreed-upon location or in the designated arbitration location. Each party has a 15-day period to select an arbitrator, who will then choose a third arbitrator within 10 days. Both parties are responsible for their own expenses, as well as an equal portion of the arbitrator’s fees and administrative costs.
The parties signed this Agreement on the specified date.
[company signature block] [executive signature block]
a) Employers in a business setting are affected by important laws such as Health and Safety, Data Protection, and Pay and Pensions.
b) Employees in a business environment are impacted by significant legislations that include entitlement to itemized pay statements, entitlement to the National Minimum Wage, and protection against unfair dismissal.
3. Various sources provide information about employment rights and responsibilities. Internal sources comprise line managers, personnel specialists, knowledgeable colleagues, staff association representatives, and trade union representatives. External sources may consist of government websites or organizations specialized in labor laws.
External sources that employees can turn to for support and assistance include libraries, Citizens Advice Bureaux, legal professionals, educational establishments/courses, trade unions (regional and/or head office), chambers of commerce, employer/industry organisations, ACAS, Business Link, Government, and the Equality and Human Rights Commission. Employees can receive help and support in the workplace through representative bodies, whether they are trade union or non-trade union entities. Representative bodies can support employees in various ways:
- Information: This refers to the employer providing data to employee representatives. In many member states, works councils or similar employee representative institutions have the right to receive information about significant financial and business events (such as the yearly balance sheet, mergers and takeovers), as well as regular updates on the progress of the company.
- Consultation: Representative bodies can provide employees with opportunities for consultation, allowing their voices to be heard and considered in decision-making processes.
These are rights to be informed of planned measures in advance and to have an opportunity to express an opinion before their implementation. The requirements vary depending on the member state. There are often consultation rights regarding changes to the company’s legal status, the removal, expansion, or downsizing of areas of the company or business, and the introduction of new technologies. Co-determination rights apply where the consent of the works council is required for certain measures. In Germany, co-determination has developed extensively and is enforceable.
However, in most member states (including Spain and Italy), the existence of enforceable co-determination rights is lacking. It is important to note that in member states without these rights, alternative methods of exerting influence, such as strikes, collective bargaining policies, or prolonged negotiations with employers (e.g., in France) are utilized. Furthermore, information and consultation rights can be structured in a formal manner, resulting in a process that is as time-consuming as co-determination. Dunn emphasized the significance of inclusion and ensuring that companies provide workers with opportunities to express their opinions and concerns.
According to the research, involving work councils and representative bodies can be highly beneficial for assisting employees in the transition and providing them with a platform for their input. It was discovered that 82% of respondents believed that representative bodies played a vital role. Failure to effectively communicate outsourcing changes can lead to employee attrition, as indicated by 29% of participants who stated that they would seriously contemplate changing jobs. Furthermore, in a business environment, employer and employee responsibilities for equality and diversity should be described briefly, with a minimum of two responsibilities for each.
Both employers and employees can contribute to ensuring equality and diversity in the workplace. Employers can do so by training their staff on equality and diversity topics, developing procedures to address related issues, and making sure that line managers appreciate diversity and promote fair treatment. On the other hand, employees can play their part by being sensitive to others, particularly in a diverse and equal working environment. It is also crucial for them to be aware of their own judgments, focus on individuals rather than generalizing based on labels, identify positive attributes in people, be open to learning about different cultures or backgrounds, acknowledge differences of opinion, and treat others with respect.
If possible, please provide relevant equality and diversity procedures from your workplace (or place of study) to support your answer. These documents should be annotated to highlight the relevant sections. Below is a sample equality and diversity procedures document for Grundon.com. Page 2 shows the relevant section. [pic][pic][pic]
6. Briefly explain the benefits of ensuring that equality and diversity procedures are followed in a business environment. Your response should include one benefit for the employer, one benefit for the employee, and one benefit for the overall organization. The advantages of equality and diversity are as follows:
– It allows individuals with different experiences/perspectives to learn new things (for the employer).
– It ensures that people feel they are treated fairly (for the employee).
– An organization that promotes equality and diversity is likely to have a more competent, motivated, and productive workforce (for the overall organization).
Section 2 – Understand the purpose of health, safety, and security procedures in a business environment:
1. Identify employer and employee responsibilities for health, safety, and security. Employers must ensure they follow the procedures required by The Health and Safety at Work etc Act 1974, which is the most important legislation on health and safety. This act mandates that employers have a legal duty to ensure the safety and security of their working environment for employees and anyone else affected by their work.
Some legislation may apply specifically to certain job roles. For instance, the UK Display Screen Equipment (DSE) Regulations pertain to the use of computer monitors in IT. The Working Time Directive and Working Time Regulations address the maximum weekly working hours. Security and confidentiality are addressed by legislation such as the Data Protection Act 1998, which requires all employers processing data on individuals to be listed in the register of data controllers. The Copyright, Designs and Patents Act 1988 safeguards the rights of creators of original works. Additionally, employers have a duty to ensure the health, safety, and welfare of their employees and those affected by their work, as reasonably practicable.
The Management of Health and Safety at Work Regulations 1999 require employers to display official posters containing basic information on health and safety law. This ensures that employees are always aware of the requirements of the health and safety acts. In terms of health, safety, and security, employees have certain responsibilities. These responsibilities include personal conduct, such as not wearing dangerous clothing or jewelry, not being under the influence of alcohol or drugs, and not coming to work tired. Employees should also be aware of their working environment and potential hazards. They should be willing to take action to ensure the safety of others and promptly report any issues that may cause harm. It is important to determine which person is responsible for addressing the issue and never assume that a problem is too small to report.
If possible, please provide relevant health, safety, and security policies/documents from your workplace (or place of study) to support your answer. These documents should be annotated to highlight the relevant sections. Below is a sample health and safety document from Al-Aqsa School (http://www.alaqsaschool.co.uk/) – the relevant section is already included.
Health and Safety Procedures Reviewed October 2010 Date of next review: February 2011
Accident prevention, reporting, and investigation:
- Vigilance by all staff and pupils to identify potential sources of accidents. Such sources, when identified, are to be written in the Health and Safety book (located in the front office), dated, and signed. The caretaker or Head Teacher will remedy, as far as is reasonably possible, all potential hazards (or arrange for this to be done) as soon as possible and countersign the entry.
- Reporting accidents in writing to senior management.
- Recording accidents in the school Accident Book (located in the front office).
- Prompt investigation of accidents by management in order to establish the cause and effect remedial measures, insha’Allah.
- Careful siting of all electrical equipment to avoid trailing leads or other hazards. Use of heavy-duty rubber lead covers when leads have to go across any access way.
- Regular discussion of electrical safety with pupils.
- Annual inspection and testing (PATs) of all electrical equipment, insha’Allah.
Playground safety: The playground should be supervised during all breaks and school rules should be followed to ensure maximum safety.
Safety medical conditions: All staff should use hygienic first aid practices. Regular communication with the school doctor, Dr. Khalid Waraich, is important and his contact details are available on the office notice-board. Parents must provide a written request for any medicine to be administered during school hours, although staff cannot be forced to do so. Staff should receive training if specialized knowledge and skills are required for administering medicine. Medicines should be given to the office staff and properly labeled with the patient’s name and dosage.
Prescribed medication can only be given with written consent from the parent or guardian with parental responsibility. Non-prescription medication may be given at the school’s discretion. Written records of all medication administered must be maintained. KS2 children should have prescribed inhalers readily accessible, while KS1 children should keep clearly labeled inhalers in the school office for easy access. Any specific medical problems concerning students should be reported to the school.
This paragraph emphasizes the importance of personal hygiene and cleanliness in Islam. Both the Qur’an and Sunnah advocate for cleanliness (The Prophet (peace be upon him) said: “Cleanliness is half of Iman.” – Sahih Muslim). Additionally, it highlights the necessity for pupils to wash properly after using the toilet (istinja) and perform correct wudhu (ablution). The paragraph also mentions the requirement of conducting a timed Fire Drill at least once a term, with the details being recorded. The responsibility for maintaining fire alarms and firefighting equipment lies with the management. This Health and Safety Procedures document adheres to the Statutory framework.
In a business environment, following health, safety, and security procedures is crucial. These procedures establish clear responsibilities and create a structure to ensure a safe and secure atmosphere for everyone. It is important to adhere to these procedures for various reasons:
– Legal reasons: Failure to comply with health and safety procedures can lead to consequences such as reprimands, fines, closures, or even imprisonment.
– Organizational rules: If employees or management fail to meet legal requirements, they may face disciplinary actions.
– Moral reasons: Both employers and employees have a moral obligation to follow health and safety procedures in order to protect others from harm.
– Economic reasons: Not following procedures can have economic consequences, including fines, compensation payments, loss of customers due to awareness of non-compliance, increased costs, and potential closure of the entire organization.
There are several ways to maintain a safe and secure business environment. Simple measures can be taken, such as:
1. Ensuring confidentiality and security: Implementing practices that safeguard sensitive information.
Ensuring unauthorized individuals do not overlook computer screens, making sure only authorized individuals access confidential documents, and using secure passwords and complying with organizational security procedures are important for maintaining security.
In addition, effective communication with others involves understanding different methods of communication. The table below should be completed with descriptions of two verbal, two non-verbal, and two written methods of communication.
|Methods of communication||Description|
When communicating, make sure to focus on the person to ensure that you have their attention. This will lead to a better understanding of the message being conveyed. Also, ensure that you have enough time to both give and receive information.
It is not advisable to rush a discussion, as this adds pressure to the sender who needs to deliver the message. It is important to agree on a convenient time for a proper dialog.
Non-verbal communication: 1. Maintain an appropriate tone of voice.
The sender or receiver of a message can perceive a variety of emotions from the tone of your voice. It is important to maintain control over your voice tone during business conversations. Additionally, facial expressions can be used to express feelings about a particular issue.
Facial expressions are the first thing people see before a tone of voice. It can show pleasure, disgust, agreement or disagreement.
- Make use of Headings and Sub-headings to break down information. This will allow information to be easily understood.
- Ensure to date your document, and check spelling, punctuation and grammar. Make sure your dates are current to the appointed agenda. It is also very important to check for not only errors but fragment statements. Make sure you also use the correct words in your sentences as sometimes the spell checker will not pick up the wrong word if the word is a correct word. For example: using wright instead of write, or no instead of know.
Using two specific examples, explain how to choose the most appropriate method of communication to meet your needs and the needs of others.
- Example for Formal Communication: Formal communication includes all the instances where communication has to occur in a set formal format. Typically this can include all sorts of business communication or corporate communication. The style of communication in this form is very formal and official. Official conferences, meetings and written memos and corporate letters are used for this form of communication.
Formal communication is characterized by its straightforwardness, formality, precision, and rigid tone. It can occur between two strangers when they meet for the first time.
On the other hand, informal communication involves free and unrestrained interactions between individuals who have a casual rapport. Examples of informal communication include social gatherings, instant text messaging, and online chat through community websites. Informal communication typically takes place among friends and family members and does not abide by strict rules or guidelines.
The conversations can go on and on without boundaries of time, place, or subjects when having friendly chats with our loved ones. The text describes two ways of actively listening, which are demonstrated by actions such as stopping work, stopping TV or reading, looking at the person, keeping a good distance, not turning away, nodding the head and making affirming statements to show understanding, and not pretending to listen by repeating back phrases for clarification.
To show interest in what the person is saying, it is important to act interested and ask questions without interrupting the speaker. Section 4 – Understad how to work with and support colleagues:
1. The purpose of setting standards for your own work is to provide guidance and clarity. Without a standard, it becomes difficult for employees to know what is expected of them and when, making it challenging to monitor their performance. When both managers and employees have set standards, it ensures clear expectations and allows for accurate measurement of progress and performance. Consistently good work standards among colleagues are crucial for efficient functioning of the business.
2. The purpose of taking on new challenges and being adaptable to change at work is essential for continuous improvement and keeping up with new technologies and challenges that arise. It is important to approach these changes positively. Reasons for change within an organization can include changing customer requirements, introduction of new technologies and working practices, social and legal changes that influence the organization, as well as the arrival of new colleagues or managers. In my personal work experience, I have encountered new challenges and successfully adapted to change.
I worked in a store as a customer service representative where a new point of sale system was being installed. The store was also relocating some departments to the upstairs floor. Learning the new POS system was challenging due to the short time frame. The store was undergoing rapid changes, making it difficult to keep up. However, my senior colleagues provided great support which helped me navigate the transition more smoothly. Through trial and error, I eventually became familiar with the system and realized the importance of changing things up in the store. Treating others with honesty and consideration is crucial because one person’s behavior can influence others.
If you desire genuine, reliable, and supportive colleagues, you must treat them in the same manner. This fosters positive professional connections and a more enjoyable and productive work atmosphere. Honesty entails speaking the truth and honoring commitments, even in challenging situations. Respect involves acknowledging and valuing differences, as well as tolerating them. Consideration entails actively listening to others’ perspectives, seeking out the positives, and not disregarding anyone’s views. Section 5 – Know how to plan own work and be accountable to others 1. Explain the significance of meeting work standards and deadlines when com