A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of the most important social spaces other than the home, constituting "a central concept for several entities: the worker and [their] family, the employing organization, the customers of the organization, and the society as a whole". [1] The development of new communication technologies has led to the development of the virtual workplace and remote work.
In United States labor law, a hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to illegal discrimination. However, a working environment that is unpleasant and frightening for the victim due to sexual advances that have been denied by the victim, is what constitutes hostile work environment sexual harassment. Common complaints in sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. Small matters, annoyances, and isolated incidents are usually not considered to be statutory violations of the discrimination laws. For a violation to impose liability, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims may be of any sex or gender.
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.
The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex, religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
Work behavior is the behavior one uses in employment and is normally more formal than other types of human behavior. This varies from profession to profession, as some are far more casual than others. For example, a computer programmer would usually have far more leeway in their work behavior than a lawyer.
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers, and rarely subordinates.
Workplace violence (WPV), violence in the workplace (VIW), or occupational violence refers to violence, usually in the form of physical abuse or threat, that creates a risk to the health and safety of an employee or multiple employees. The National Institute for Occupational Safety and Health defines worker on worker, personal relationship, customer/client, and criminal intent all as categories of violence in the workplace. These four categories are further broken down into three levels: Level one displays early warning signs of violence, Level two is slightly more violent, and level three is significantly violent. Many workplaces have initiated programs and protocols to protect their workers as the Occupational Health Act of 1970 states that employers must provide an environment in which employees are free of harm or harmful conditions.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Occupational inequality is the unequal treatment of people based on gender, sexuality, height, weight, accent, or race in the workplace. When researchers study trends in occupational inequality they usually focus on distribution or allocation pattern of groups across occupations, for example, the distribution of men compared to women in a certain occupation. Secondly, they focus on the link between occupation and income, for example, comparing the income of whites with blacks in the same occupation.
Employee monitoring is the surveillance of workers' activity. Organizations engage in employee monitoring for different reasons such as to track performance, to avoid legal liability, to protect trade secrets, and to address other security concerns. This practice may impact employee satisfaction due to its impact on the employee's privacy. Among organizations, the extent and methods of employee monitoring differ.
Workplace aggression is a specific type of aggression which occurs in the workplace. Workplace aggression is any type of hostile behavior that occurs in the workplace. It can range from verbal insults and threats to physical violence, and it can occur between coworkers, supervisors, and subordinates. Common examples of workplace aggression include gossiping, bullying, intimidation, sabotage, sexual harassment, and physical violence. These behaviors can have serious consequences, including reduced productivity, increased stress, and decreased morale.
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult.
Workplace revenge, or workplace retaliation, refers to the general action of purposeful retaliation within the workplace. Retaliation often involves a power imbalance; the retaliator is usually someone with more power in the workplace than the victim, and retaliation may be done to silence the victim so the retaliator can avoid accountability for workplace bullying, workplace harassment, or other misbehaviors in the workplace. Retaliation, legally, refers to actions taken as punishment for legally permitted behaviors: disciplinary actions taken by employers in reaction to behaviors that are counter to applicable laws or to established institutional policies are permitted as part of the employer's ability to control the work environment.
Occupational stress is psychological stress related to one's job. Occupational stress refers to a chronic condition. Occupational stress can be managed by understanding what the stressful conditions at work are and taking steps to remediate those conditions. Occupational stress can occur when workers do not feel supported by supervisors or coworkers, feel as if they have little control over the work they perform, or find that their efforts on the job are incommensurate with the job's rewards. Occupational stress is a concern for both employees and employers because stressful job conditions are related to employees' emotional well-being, physical health, and job performance. The World Health Organization and the International Labour Organization conducted a study. The results showed that exposure to long working hours, operates through increased psycho-social occupational stress. It is the occupational risk factor with the largest attributable burden of disease, according to these official estimates causing an estimated 745,000 workers to die from ischemic heart disease and stroke events in 2016.
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.
A psychosocial hazard or work stressor is any occupational hazard related to the way work is designed, organized and managed, as well as the economic and social contexts of work. Unlike the other three categories of occupational hazard, they do not arise from a physical substance, object, or hazardous energy.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
Labour rights in Azerbaijan. Everyone including foreign and non-citizens has right to work in the Republic of Azerbaijan. Nobody may be deprived of a right to work based on discrimination related to citizenship, sex, race, nationality, language, place of residence, economic standing, social origin, age, family circumstances, religion, political views, affiliation with trade unions or other public associations, professional standing, beliefs, or other similar factors. All persons are free to choose his or her workplace, profession, and activity. Everybody is free to work or not to work. Compulsory labor is forbidden by legislation in force of Azerbaijan. In other words, no one may be forced to work in the country. If one has a status of “unemployed” the state has to pay social allowances to him or her. Furthermore, the state must endeavor to eliminate the unemployment in the country.
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