The Legal Context of the Management of Human Resources

Murphy, Kevin R.

doi:10.1146/annurev-orgpsych-032117-104435

“…Murphy et al (2018) and Murphy and Cleveland (1995) note that the legal environment in the United States places PA systems under close scrutiny when there is evidence of demographic differences in performance ratings, prompting organizations that develop these systems to insist on high levels of job‐relatedness, reliability and validity, and to use these systems with care. In comparison, the European Union has in place a variety of policies that are designed to limit workplace discrimination, yet the enforcement of these policies does not often approach the level of rigor and cost encountered by American companies (Council of Europe, 2011; Hanges & Feinberg, 2010; Murphy, 2018).…”

Section: Dimensions Of Distal Context and Hypothesis Developmentmentioning

confidence: 99%

Home and host distal context and performance appraisal in multinational enterprises: A 22 country study

Morley

¹

,

Murphy

²

,

Cleveland

³

et al. 2021

Human Resource Management

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Context is a central construct in the study of performance appraisal (PA) systems, but to date studies linking the distal context within which organizations operate to PA have been limited in two ways. First, these studies have focused predominantly on national culture, and have paid less attention to the legal/political and economic environment within which organizations. Second, few studies reflect the growing international nature of business organizations, which create multiple layers of context (e.g., home and host country context).Drawing on both situational strength and institutional theories, we hypothesize the links between the "big three" facets of distal context (i.e., culture, legal/political, and economic) and the processes and purposes of PA systems. Using data from 472 multinational enterprises (MNEs) in 22 countries, we show that all three facets of the distal context of the host country influence decisions about the conduct of PA systems. In addition, we show that the culture and legal/political systems of the home country from which the MNE originated are also linked to the PA processes and purposes. Finally, we find evidence that MNEs are more likely to develop hybridized PA systems that depart from host country norms.

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“…These issues form the base for many other problems for the public sector universities because nearly all the operations of the public sector universities are dependent upon the human resource strengths. The streamlined human resource management not only means that the employees will be able to perform better, but it also ensures that the overall performance of the organization can be enhanced and improved through the collective efforts in effective human resource management (Murphy, 2018). Human resource management is a critical part in managing the whole staff of university from lower level to the level of intellectuals in a way that not only their performance and achievement is aimed towards the individual growth, but also performs a key part in the achievement of goals and objectives of the university.…”

Section: Introductionmentioning

confidence: 99%

“…At the organizational level especially in case of public sector organizations, the human resource management means the set of policies, legislations, and practices designed by the organization for the individuals to act upon or within, so that tasks can be performed in an organized manner to gradually reach individual as well as the organizational goals. In a public sector university, individuals from diversified backgrounds, having versatile skill sets, perceptions, beliefs and values are combined at a single workplace to perform the organizational tasks (Murphy, 2018). Management of people with such rich backgrounds is always a challenge for the top management or the legislative bodies of the organizations or public sector universities.…”

Section: Introductionmentioning

confidence: 99%

Untitled

2021

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Universities are investing their precious resources to manage legal issues. When a conflict arises between the management and employees at the workplace they prefer to go to court and not rely on trust the internal mechanism to resolve the issues which leads to wastage of financial resources, misuse of the potential energy of the employee as well as employers and damage organizational work environment. The main purpose of the present study was to explore the existing model of legal issues regarding human resource management and propose a sustainable model to overcome the issues for efficient utilization of resources. The data were collected through primary and secondary sources. First, documents were carefully analyzed and legal files were reviewed. After it, semi-structured interviews were taken of the legal advisors, legal managers and human resource manager of the open distance learning University. Data were analyzed through NVivo software. Presently, universities have various committees and syndicate/executive council is the appellate body against the decisions of the committees. Most employees prefer to go to the courts as a legal remedy to find relief. Whereas the proposed model which has the following three components 1) Nature of the Issue 2) Procedure to Resolve the Issue and 3) Enforcement of the Decision of the Council. Courts will take only cases on the question(s) of law.

show abstract

“…These issues form the base for many other problems for the public sector universities because nearly all the operations of the public sector universities are dependent upon the human resource strengths. The streamlined human resource management not only means that the employees will be able to perform better, but it also ensures that the overall performance of the organization can be enhanced and improved through the collective efforts in effective human resource management (Murphy, 2018). Human resource management is a critical part in managing the whole staff of university from lower level to the level of intellectuals in a way that not only their performance and achievement is aimed towards the individual growth, but also performs a key part in the achievement of goals and objectives of the university.…”

Section: Introductionmentioning

confidence: 99%

“…At the organizational level especially in case of public sector organizations, the human resource management means the set of policies, legislations, and practices designed by the organization for the individuals to act upon or within, so that tasks can be performed in an organized manner to gradually reach individual as well as the organizational goals. In a public sector university, individuals from diversified backgrounds, having versatile skill sets, perceptions, beliefs and values are combined at a single workplace to perform the organizational tasks (Murphy, 2018). Management of people with such rich backgrounds is always a challenge for the top management or the legislative bodies of the organizations or public sector universities.…”

Section: Introductionmentioning

confidence: 99%

A Proposed Model of Legal Remedies to Manage Human Resource Issue: A Case Study of an Open University

2021

IJDEEL

0

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Universities are investing their precious resources to manage legal issues. When a conflict arises between the management and employees at the workplace they prefer to go to court and not rely on trust the internal mechanism to resolve the issues which leads to wastage of financial resources, misuse of the potential energy of the employee as well as employers and damage organizational work environment. The main purpose of the present study was to explore the existing model of legal issues regarding human resource management and propose a sustainable model to overcome the issues for efficient utilization of resources. The data were collected through primary and secondary sources. First, documents were carefully analyzed and legal files were reviewed. After it, semi-structured interviews were taken of the legal advisors, legal managers and human resource manager of the open distance learning University. Data were analyzed through NVivo software. Presently, universities have various committees and syndicate/executive council is the appellate body against the decisions of the committees. Most employees prefer to go to the courts as a legal remedy to find relief. Whereas the proposed model which has the following three components 1) Nature of the Issue 2) Procedure to Resolve the Issue and 3) Enforcement of the Decision of the Council. Courts will take only cases on the question(s) of law.

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The Legal Context of the Management of Human Resources

Cited by 5 publications

References 132 publications

Home and host distal context and performance appraisal in multinational enterprises: A 22 country study

Home and host distal context and performance appraisal in multinational enterprises: A 22 country study

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A Proposed Model of Legal Remedies to Manage Human Resource Issue: A Case Study of an Open University

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