Entrepreneurship

Key Unit Competency: To be able to exercise rights and responsibilities as an employee and employer

Introduction

Current changes in the nature of the workforce, organizational structures, and institutions of society under lie the considerable, and growing, worldwide orientation toward a workplace responsibilities and rights paradigm. Every business has a responsibility to ensure it follows the relevant rules and regulations. If you are an employer, make sure you do everything you can to get it right. Equally, as an employee, you should also be aware of your own responsibilities, as well what your rights are and what your employer should be doing with regard to. For example: payment, respect contracts, time off, working hours, etc.

•What is the difference between rights and responsibilities?

•What are the rights and responsibilities of the worker at the work place?

•What are the rights and responsibilities of the employer at the work place?

This unit is designed to equip you with appropriate ability to exercise rights and responsibilities as either an employee or an employer at workplace: these also include; identifying the universal human rights, differentiating between rights and responsibilities, describing the relationship between rights and responsibilities, advocating for rights and responsibilities of workers and employers at workplaces, etc.

Introductory activities:

1. What do you understand by terms“a right”and“a responsibility”?

2. Identify your own personal rights and responsibilities.

3. Explain the rights and responsibilities of workers.

11.1. Meaning of rights and responsibilities of workers and employers, and Universal Human Rights

Activity 11.2

Read the following extract, and answer the questions that follow,

Employment law covers all rights and obligations within the employer-employee relationship whether current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. Many of these issues are governed by applicable federal and state law. But, where the employment relationship is based on a valid contract entered into by the employer and the employee, state contract law alone may dictate the rights and duties of the parties.

a. Describe any 3 rights of workers in a business.

b. Explain any 4 responsibilities of the workers in the business.

Employees have the right to:

1. Be given by the employer the agreed work and this, under those conditions, at the time and place as agreed;

2. To implement the work contract signed with the employer;

3. To be paid by the employer the agreed remuneration regularly and in due time;

4. To be affiliated by the employer to the social security scheme;

5. Enjoy the rights that are provided for workers with dependents by the law;

6. To enter into a performance contract with the employer based on collective negotiation within the establishment;

7. Work in a respectful, inclusive work environment free of discrimination;

8. A safe and healthful workplace;

9. Ask employer to correct dangerous conditions;

10. Receive training from employer;

11. To be given the needed means for the execution or completion of the work;

12. To benefit from all legal provisions related to the work.

The responsibilities of the worker (Art.48, Labour law)

According to the article 48 of Labour law in Rwanda, the worker has the following principal responsibilities:

1. To personally carry out the duties of his/her position: The worker must personally execute the contract of employment in the time, place and under conditions agreed between the parties. He/she is not competent to request a third party to do his/her job or to assist him/her without the consent of the employer even when the remuneration of the third party will be paid by the employee or gratuitous.

2. To respect the employer’s or his/her representative’s orders when given so as to have the work done.

3. To abstain from all that might threaten his/her security or that of his/her companions or third party, or jeopardize his/her dignity and the one of his/her colleagues.

4. To respect workplace rules, regulations, policies and legislation prescribed by the establishment, its branch or the place where he/she is to do his/her work

5. To keep in good conditions tools given to him/her and give them back to the employer at the time the work is completed.

6. Treating clients, coworkers and the public with respect and dignity.

Application Activity 11.2

The following are rights and responsibilities of workers. Basing on your under-standing and skills, tick the following statements where appropriate;

11.3. Rights and responsibilities of employers

Activity 11.3

Assume that you are selected by RITCO; one of the biggest and famous transport companies in Rwanda to train company’s administrative and managing staff on the rights and responsibilities of employer.

Discuss what will be entailed in your training presentation as the rights and responsibilities of employers to make sure that employees’ rights and responsibilities are not violated by their employers.

The employer has the following principal rights:

•Hiring rights: The employers have the right to hire the workers in accordance with proper procedures and to expect reasonable performance from their employees.

•Firing an employee: Basing on some legal reasons and after official warnings, the employer has the right to fire an employee. Some legitimate reasons for firing a worker include:

             •Poor performance/productivity problems

             •Gross misconduct/unprofessionalism at work

             •Stealing

             •General layoffs, etc.

•To see his orders respected: An employee is required to respect the orders of the employer or his/her representative when given in furtherance of work, but the level of devotion required of an employee should not exceed his obligations. In as much as the employee owes the entirety of his professional activities to the enterprise, nonetheless, outside his working hours, it is lawful for him to perform any activity of a professional nature which is not harmful to the proper execution of his obligations as per the terms of his contract of employment.

•To see his work well executed: The employer has the right to see the work wholly done by the worker in the time, place and under conditions agreed between the parties.

•To see all legal provisions in his favour being respected: The employee is required to respect all obligations contained in the contract of employment. If the employee is in breach of his/her contractual obligation, he may be liable to indemnify the employer.

•The employer has the following main responsibilities:

   •To give to the workers the agreed work conditions;

   •To ensure the responsibility of implementing the work contract signed on his/her behalf;

   •To supervise the worker and make sure that the work is done in suitable conditions as far as security, health and dignity of the worker are concerned;

   •To pay the worker the agreed remuneration regularly and in due time;

   •To avoid whatever may hamper the company’s functioning, its workers and the environment;

   •To affiliate workers to the social security scheme;

   •To make those workers with dependents enjoy the rights that are provided for by the law;

   •To enter into a performance contract with the worker based on collective negotiation within the establishment;

   •Ensuring no discrimination in the workplace;

   •Provide a workplace safe and free from hazards;

   •Provide training to employees;

   •Provide competent supervision, etc.

Application Activity 11.3

Think about a business, organization or any other institution in your home lo-cality employing workers. Answer the following questions:

a. Discuss the responsibilities of the employer (business/organization employing workers)

b. What rights do employers expect their employee to provide?

Skills Lab Activity 11.4

For the business you intend to start in your community;

i. How will you ensure that the rights of workers are observed?

ii. What will be the responsibilities of different workers that you will employ?

iii. As the employer, what will be your responsibilities?

iv. How will you ensure workers have performed their responsibilities?

End of Unit 8 Assessment

Circle the correct answer for each statement.

1. Universal human rights include the following:

a. The right to education

b. The right to shelter

c. The right to practice the religion of your choice

d. All of the above

e. None of the above

2. Rights and responsibilities are the same for employers and employees

a. True

b. False

3. In Rwanda, an employer does not need to:

a. Provide regular breaks for employees

b. Maintain a safe workplace

c. Pay employees the agreed-upon wage on timed. Pay for employee’s transportation to work

4. In Rwanda, an employee has the responsibility to:

a. Respect and follow directions given by the employer

b. Avoid hazards at the workplace

c. Keep equipment in good working order

d. Show up on time

e. All of the above

6. The Rwandan labor law protects workers against harassment, intimidation and violence.

a. True

b. False

7. Women should not report sexual harassment by their supervisors because they will lose their job.

a. True

b. False

8. Rwandan labor law protects adults, not youth.

a. True

b. False