Definitions of employment and unemployment The definition of employment used in the EU LFS closely follows that adopted by the

13th International Conference of Labour Statisticians. The relevant parts of the 'ILO definitions are:

Employment 9.(1) The employed comprise all persons above a specified age who during a specified brief period, either one week or one day, were in the following categories: (a) paid employment: (a1) at work: persons who during the reference period performed some work for wage or salary, in cash or in kind; (a2) with a job but not at work: persons who, having already worked in their present job, were temporarily not at work during the reference period and had a formal attachment to their job. This formal job attachment should be determined in the light of national circumstances, according to one or more of the following criteria: (i) the continued receipt of wage or salary; (ii) an assurance of return to work following the end of the contingency, or an agreement as to the date of return; (iii) the elapsed duration of absence from the job which, wherever relevant, may be that duration for which workers can receive compensation benefits without obligations to accept other jobs. (b) self-employment: (b1) at work: persons who during the reference period performed some work for profit or family gain, in cash or in kind;
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(b2) with an enterprise but not at work: persons with an enterprise, which may be a business enterprise, a farm or a service undertaking, who were temporarily not at work during the reference period for any specific reason. 9.(2) For operational purposes, the notion of some work may be interpreted as work for at least one hour.

Unemployment
10.(1) The unemployed comprise all persons above a specified age who, during the reference period, were: (a) without work, i.e. were not in paid employment or self-employment, as defined in paragraph 9; (b) currently available for work, i.e. were available for paid employment or self employment during the reference period; (c) seeking work, i.e. had taken specific steps in a specified recent period to seek paid employment or self-employment'.

Inactive persons All persons who are not classified as employed or unemployed are defined as inactive.

Minimum rights and obligation

Minimum rights and obligationsThis brochure provides an overview of the minimum rights and obligations that apply by law to employers and employees. Employees cant be asked to agree to less than the minimum rights. An employee is anyone who has agreed to be employed, under a contract of service, to work for some form of payment. This can include wages, salary, commission and piece rates. Employment Agreements Every employee must have a written employmentagreement. It can be either an individualagreement or a collective agreement (one involving a union).There are things that must be included inemployment agreements by law. More informationis available on the Ministry of Business, Innovationand Employments website, which also has a freeonline employment agreement builder.Minimum employment rights must be metregardless of whether or not they are included inan employment agreement or if the agreementstates something less than a minimumentitlement.

rights and obligations MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT MINIMUM EMPLOYMENT RIGHTS AND OBLIGATIONS Right to work in New Zealand Employers must ensure that the person they are employing has the legal right to work in New Zealand. The Ministrys Visa View tool allows employers to confirm information about Employees work entitlement. See Minimum pay Employees aged 16 years and over must be paid at least the adult minimum wage rate, unless they are starting-out workers or trainees. All employees who are involved in training or supervising other employees must be paid at least the adult minimum wage rate. Starting out workers must be paid at least the minimum starting-out wage rate, and trainees over 20 years of age must be paid at least the training minimum wage rate. Employers and employees may agree to any wage rate as long as it is not less than the applicable minimum wage rate. Starting-out workers are: 16- and 17-year-old employees who have not yet completed six months of continuous employment with their current employer. 18- and 19-year-old employees who have been paid a specified social security
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benefit for six months or more, and who have not yet completed six months continuous employment with any employer since they started being paid a benefit. Once they have completed six months continuous employment with a single employer, they will no longer be a startingout worker and must be paid at least the adult minimum wage. 16- to 19-year-old employees who are required by their employment agreement to undertake industry training for at least 40 credits a year in order to become qualified for the occupation to which their employment agreement relates. Trainees are employees aged 20 years and overwho are required by their employment agreement to undertake at least 60 credits a year in an industry training programme in order to become qualified for the occupation to which their employment agreement relates. Minimum wage rates apply to all employees whether full-time, part-time fixed-term, casual employees, working from home and people paid totally or partly by commission or piece rates. There is no minimum wage for employees aged under 16 but all other employment rights and entitlements still apply. When looking at whether an employee who is 16 years or older is a startingout worker, any time spent employed by an
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employer before the employee turned 16 must be included when calculating the time that employee has been continuously employed. Minimum pay rates are reviewed each year and the current amounts are available on the Ministrys website. Paying wages Legally wages must be paid in cash. To pay wages another way (e.g. direct credit, cheque) employers must get their employees written agreement. Employees must give written consent before deductions can be made from their wages. Some deductions, like PAYE tax, student loan and child support, are required by law and do not need written consent.

MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT MINIMUM EMPLOYMENT RIGHTS AND OBLIGATIONS Keeping records Employers must keep an accurate record of an employees time worked, payments, and holiday and leave entitlements. They must keep a signed copy of the employment agreement or current signed terms and conditions, and must provide a copy on request to the employee. They should also keep copies of agreements to transfer public holidays or agreements to cash up annual holidays or copies of requests to transfer public holidays or request to cash up annual holidays that the employer did not agree to. For details on what information must be recorded see the Ministrys website. Break entitlements Employees are entitled to: one 10-minute paid rest break when they work between two and four hours one 10-minute paid rest break and one unpaid 30-minute meal break when they work more than four and up to six hours two 10-minute paid rest breaks and one unpaid 30-minute meal break when they work more than six and up to eight hours. These requirements begin over again if an employee works more than eight hours.
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Employers must provide appropriate breaks and facilities for employees with babies who wish to breastfeed or express breast milk, where this is reasonable and practicable. These are unpaid breaks unless the employer agrees otherwise. Annual holidays At the end of each year of employment with any one employer, an employee becomes entitled to four weeks paid annual holidays. Employees can ask (in writing) to cash-up, up to one week of their annual holidays each year. Employers cant pressure employees to cash up annual holidays and requests to cash up cant be included in employment agreements. If an employee leaves before completing a full year of employment, annual holiday pay would be 8% of their gross earnings, less any holiday pay already received. Genuinely casual employees (those who work intermittently) and fixed term employees can agree to receive holiday pay on a pay as you go basis if certain conditions are met. See the Ministrys website for more information. Employers can require employees to take annual holidays during a closedown period (as can happen over Christmas/New Year), providing they give at least 14 days notice. If an employer has a closedown period that
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includes public holidays, then the employee is entitled to paid public holidays if they would be otherwise working days for them. Public holidays Employees are entitled to 11 public holidays off work on pay, if they are days when the employee would normally work. Employers must pay employees their relevant daily pay or average daily pay (if applicable) for the public holiday. If an employee works on a public holiday they must be paid at least time-and-a-half for the time worked. If the public holiday falls on a day they would normally work, the employee is also entitled to an alternative paid holiday. Employers and employees can agree to transfer the observance of a public holiday to another working day, to meet the needs of Holidays & Leave

MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT MINIMUM EMPLOYMENT RIGHTS AND OBLIGATIONS the business or individual employees. However, the number of public holidays the employee is entitled to cant be reduced. The day the public holiday is transferred to is treated as a public holiday for pay and leave purposes. The Ministrys website has a list of public holidays and the Holidays & Leave Tool makes it easy to work out pay and leave entitlements. (www.dol.govt.nz/holidaytool) Sick and bereavement leave After six months an employee is entitled to five days sick leave on pay. They are entitled to five days sick leave for every 12 months after that. Sick leave can be taken if the employee is sick or injured or the employees spouse or partner is sick or injured or if a person who depends on the employee for care is sick or injured. Employers must pay employees their relevant daily pay or average daily pay (if applicable) for sick leave. Employers can request proof of the illness, such as a medical certificate. If the employer asks for proof within the first three days of the sick leave, the employer is responsible for any costs the employee might incur to gain this proof. Employers cant insist employees visit a particular medical practitioner.
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After six months employees are entitled to paid bereavement leave of: three days on the death of a spouse/ partner, parent, child, sibling, grandparent, grandchild, or spouse/partners parent one day if their employer accepts theyve suffered a bereavement involving another person not included above. The Holidays & Leave Tool can help calculate sick leave and bereavement leave entitlements. Parental leave Employees may be eligible for paid and unpaid parental leave if they meet certain criteria. The paid leave is funded by Government, not employers. Employees may be entitled to parental leave if they have worked for the same employer for an average of at least 10 hours per week, and at least one hour in every week or 40 hours in every month, for either the six or 12 months before the expected due date of their baby or the date they assume care of a child they intend adopting. Employees who meet the six-month employment eligibility criteria are entitled to 14 weeks paid parental leave some or all of which can be transferred to a spouse/partner if they also meet the six month criteria. Employees who meet the 12-month eligibility criteria, are also entitled to up to 52 weeks unpaid extended leave (less any parental leave
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taken). This can be shared with a spouse/partner if they also meet the 12-month eligibility criteria. A spouse/partner with six months service may be entitled to an additional one weeks unpaid paternity/partners leave, and a spouse/partner with 12 months service may be entitled to two weeks unpaid paternity/partners leave. To be eligible, the spouse/partner must meet the minimum hours test above. Up to 10 days unpaid special leave for pregnancy-related reasons is available for a pregnant mother before parental leave begins. For help understanding entitlement to parental leave, or what to do with an application from an employee, see the Ministrys website. The Parental Leave Calculator www.dol.govt.nz/ paidparentalcan calculate entitlements. Other leave rights Employees may be entitled to other types of leave, for example if theyve been injured in a work accident or are training in the armed forces.

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MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT MINIMUM EMPLOYMENT RIGHTS AND OBLIGATIONS Flexible working arrangements Employees with caring responsibilities have a statutory right to request a change to their hours of work, days of work, or place of work. Employers must consider a request and can refuse it only on certain grounds. See www.dol.govt.nz/worklife for more information. Equal pay and equal rights Employers cant discriminate in hiring or firing, paying, training or promoting an employee because of race, colour, national or ethnic origin, sex or sexual orientation, marital or family status, employment status, age, religious belief or political opinion, disability, or participation in certain union activities. Fixed-term employees Employers can offer fixed-term employment if: there are genuine reasons - like seasonal work, project work, or where the employee is filling in for a permanent employee on leave the employer tells the employee the reasons, how or when the employment will end, and the employee agrees to this in their employment agreement. Like other employment agreements, fixed-term agreements must be in writing. Trial periods
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Employers can make an offer of employment that includes a trial period of up to 90 days. Trial periods are voluntary, and must be agreed in writing and negotiated in good faith as part of the employment agreement. An employee who is dismissed before the end of a trial period cant raise a personal grievance on the grounds of unjustified dismissal. They can raise a personal grievance on other grounds, such as discrimination or harassment or unjustified action by the employer. Employees on trial periods are entitled to all other minimum employment rights. Unions Employees have the right to decide whether to join a union and, if so, which union. It is illegal for an employer (or anyone else) to put unreasonable pressure on an employee to join or not join a union. Once employees have joined a union, employers must, if asked, enter into bargaining for a collective agreement with that union. Union members can attend two union meetings (no longer than two hours each) per calendar year on pay and during normal working hours. They can require employers to deduct union fees from their wages and pay these to the union. Some members may be entitled to paid leave to attend employment relations education courses. Unions must gain an employers consent to visit a workplace. The employer cant unreasonably
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withhold consent. See the Ministrys website for more information on unions and collective bargaining, including strikes and lockouts. Health and safety Employers must provide a safe workplace, with proper training, supervision and equipment. This duty includes identifying, assessing and managing hazards, and investigating health and safety incidents. Employers are also required to report serious injuries at work to the Ministry. Employees must take reasonable care to keep themselves safe, and to avoid causing harm to other people by the way they do their work. Employees may refuse work likely to cause them serious harm and have the right to participate in improving health and safety. Change and restructuring Employers must consult with employees about proposed decisions likely to have an adverse effect on the continuation of an employees employment. They must provide information to affected employees and give them an opportunity to comment before making their decision. Employersdo not have to disclose confidential information if they have a good reason to withhold it. Special rules apply to employees doing certain catering, cleaning, caretaking, laundry and orderly work where their employers business is sold or their work is contracted out or given to a new
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contractor. Employment relationship problems If an employment problem arises at work employers and employees should firstly check the facts. They should talk to each other to try to resolve the problem, possibly involving a support person or union/association representative in the discussion. They can get information about rights and obligations from the Ministry. If the problem cant be resolved by talking, employees or employers can contact the Ministry, and a Mediator or Labour Inspector may be able to help sort things out. This service is free. Problems that remain unresolved can be taken to the Employment Relations Authority or later to the Employment Court. Penalties There are financial penalties for not complying with employment laws, of up to $10,000 for individuals and $20,000 for companies. An employer may be fined or prosecuted for not complying with workplace health and safety laws.

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SELF-EMPLOYMENT:IS SELF-EMPLOYMENT RIGHT FOR YOU? What are the pros and cons of being self-employed? Being self-employed can have its advantages. These include:

the opportunity to choose your own hours; independence and freedom to try out new ideas; increased job satisfaction.

The risks depend on how you set up the business. For example, if you set up a limited business and sell shares to friends or family, you are less personally liable for any costs if the business doesn't succeed. However, this means that you have the responsibility of making sure that your friends and family's investments aren't lost too. The disadvantages of being self-employed as a sole trader or through freelance or consultancy work include:

pressure from setting up the business and ensuring it succeeds to legal responsibilities such as paying your taxes and National Insurance;

a lack of free time. You may find yourself working every day as you are not only responsible for selling your product or service you are also in charge of all administration tasks too;

money worries. You may have to go a few months without having any earnings as you build up your business. This could even result in needing to take on a part-time job to keep up with your living expenses;

a lack of holidays, sick pay and company benefits. You won't be covered if you take time off work for any reason as you are solely responsible for earning your living and you will need to pay all of your contributions to a private pension.

Read about

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Which sectors attract the most self-employed graduates? The most common sectors include media and journalism, art and design, IT, sports and fitness and banking and finance. Graduates from disciplines such as the performing arts, media production and art and design should prepare for periods of self-employment, if not for the entirety of their careers at least for some time before securing an in-house position. A recent survey that asked graduates what they were doing six months after graduation found that more than three quarters of graduates working as musicians were selfemployed/freelance. It also revealed that more than half of those working as artists and more than a third working as textile designers were self-employed. The Destinations of Leavers from Higher Education survey also found that all graduates working as garden designers, upholsterers and electricians were self-employed as well as more than half of acupuncturists, osteopaths and homeopaths. When it comes to the arts, there is a high number of freelance workers but they are often competing with each other for fewer contracts and aren't aware of the 'hidden jobs market' which is taking over advertisements in being the most popular way of freelancers finding work. Recent arts graduates may find this new way of entering the industry tricky as it relies on networking to tap into this 'hidden market'. Find out more at

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Have I got what it takes to set up a business? There are a couple of approaches you can take when setting up a business. A business owner may not wish to change their structure and approach to business and may stick to using traditional knowledge and skills. Entrepreneurs on the other hand will look to continue to grow a business, be responsive to opportunities, and take a creative and visionary approach. The National Centre for Entrepreneurship in Education (NCEE) advises that a range of skills are needed in order to be a successful business owner. These include:

commitment to see things through from conception to completion; an ability to network; confidence to take ownership of projects/developments; initiative; good persuasion and negotiation skills; focused to set and achieve goals; strong decision making skills; an ability to work quickly under pressure; confidence to take risks when necessary; an ability to work independently.

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Are you a 'worker', 'employee' or 'self-employed'? There are three types of employment status - you could either be a 'worker', an 'employee' or 'self-employed'. Your employment status will help define what rights and responsibilities you have at work. Find out the basic employment rights for each employment status. Variations The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally if rights apply to a 'worker' they also apply to an 'employee'. If you are self-employed for tax purposes, you're normally 'self-employed' for employment rights purposes. What is an employee? The majority of people in work are employees. You are classed as an employee if you are working under a contract of employment. A contract need not be in writing as it exists when you and your employer agree terms and conditions of employment. It can also be implied from your actions and those of the person you are working for. Your contract will normally set out what you are expected to do and you will usually be expected to do the work yourself. Put simply, you cannot send someone else to do your work for you. Employee rights As an employee, your employer is obliged by law to deduct Income Tax and National Insurance contributions from your salary or wages before paying them to you. You are also entitled to all minimum statutory employment rights including:

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maternity, adoption and paternity leave the right not to be unfairly dismissed statutory redundancy pay all the rights that are given to 'workers' What is a worker? This is a broader category than 'employee' but normally excludes those who are selfemployed. A worker is any individual who works for an employer, whether under a contract of employment, or any other contract where an individual undertakes to do or perform personally any work or service. Workers are entitled to core employment rights and protections. The following groups of people are likely to be workers but not employees:

most agency workers short-term casual workers some freelancers Workers' rights Providing any other qualifying conditions are met, all workers have rights to:

the National Minimum Wage rest breaks, paid holiday and limits on night work under the Working Time Regulations protection against unauthorised deductions from pay maternity, paternity and adoption pay (but not leave) protection against less favourable treatment because of being part-time Statutory Sick Pay protection against less favourable treatment if you make a disclosure in the public interest (often called whistleblowing)
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not to be discriminated against unlawfully The National Minimum Wage rates Working Time Limits (the 48 hour week) Holiday entitlements: the basics Rest breaks Working at night Work and families Part-time work Sick pay rights Protection of whistleblowers Introduction to discrimination What's being self-employed? If you are self-employed you do not have a contract of employment with an employer. You are more likely to be contracted to provide services over a certain period of time for a fee and be in business in your own right. You will also pay your own Income Tax and National Insurance Contributions. You do not have employment rights as such if you're self-employed since you are your own boss and can therefore decide, for example, how much to charge for your work and how much holiday to give yourself. You do have some legal protection, however. You must not be discriminated against and you are entitled to a safe and healthy working environment on your client's premises for example. Self-employed women who have recently left their jobs may be entitled to Maternity Allowance

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Statutory maternity pay: an overview (HMRC website) Introduction to discrimination It is possible, in some limited cases, to be self-employed for tax purposes but classified as a 'worker' or an 'employee' for employment rights purposes see section on How to work out your employment status for employment rights. This can occur because Industrial Tribunals or courts may not consider all of the same facts when considering classification for employment rights purposes that HM Revenue and Customs, the Commissioners (who rule on tax and National Insurance matters) or courts do when considering classification for tax and National Insurance purposes.

Starting up your own business in Northern Ireland (nibusinessinfo website) Working out your employment status for employment rights There is no one thing that completely determines your employment status. If there is a dispute about your status between you and the person or company that you work for, an Industrial Tribunal will make its decision based on all the circumstances of a case. The sort of things the tribunal will look at fall into four main categories. In this section you will find some questions to help explain what the categories mean. Try thinking about it as a sliding scale with 'employee' at one end and 'genuinely self-employed' at the other.

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The more of the questions you answer 'yes' to, the more likely it is that you are selfemployed. If you answer 'no' to most of the questions then you are likely to be an employee. If you answer yes to some of the questions like: 'you can decide when you will work' and 'can turn down work when offered', 'your employer offers work only as it becomes available' and 'you are not in business on your own account', you are likely to be considered a 'worker' rather than 'employee'. Remember that this is for guidance only and a definitive answer can only be given by an Industrial Tribunal or court. You should get advice from an expert if you are unsure. The four main categories are:

Control: the extent to which the employer decides what tasks you do and how you do them

do you have the final say in how the business is run? can you choose whether to do the work yourself, or send someone else? can you choose when and how you will work? Integration: the extent to which you are part of the organisation

if you need assistance, are you responsible for hiring other people and setting their terms of employment?

are you excluded from internal company matters such as corporate training and staff meetings?

are you exempt from having action taken against you using the company disciplinary procedure?

are you excluded from company benefits and pension schemes?

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Mutuality of obligation: the extent to which your employer is required to offer you work and whether you're expected to do it

when it is available? can you decide when you will work and can you turn down work when offered? Economic reality: the extent to which you bear the financial risk.

are you responsible for meeting the losses as well as taking the profits? are you responsible for correcting unsatisfactory work at your own expense? do you have to submit an invoice to the company for your pay? do you get a fixed payment for a job (including materials and labour)? do you provide the main items of equipment needed to do the job? do you work for a range of different employers? Industrial Tribunals - find out more (Industrial Tribunals and the Fair Employment Tribunal website) What can you do if you have a problem? If you have a disagreement with your employer about your status and associated rights, for example, your employer is refusing you holiday pay because they say you are selfemployed, try to resolve the matter with them directly. If you have a workplace representative like a trade union official, they may be able to help.

How to resolve a problem at work

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Where can you get help? The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Labour Relations Agency (contacts section) Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online. If you are a member of a trade union, you can get help, advice and support from them.

What are my main Employment rights as an Employee, Worker or Freelancer? Sep 24, 2008 Whatever your employment status, whether you are an employee, worker or freelancer/contractor, you have rights at work that are protected by law. Below is a comprehensive summary of what you are entitled to plus links to articles that cover each in detail. See our Guide to Your Employment Status. Updated for 2013 including Temperature Limits in the Workplace. The main legal rights of an Employee

To the rights of Workers (below) To a Written Statement this must be provided within two months of beginning the employment. (A contract of employment is an agreement between you and your employer. There is always a contract between you and your employer, even if you do not have anything in writing, because you have agreed to work for your employer in return for them paying you. The terms of an employment contract set out what you and your employer have agreed and what you can expect of each other; your rights and
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duties. For more details about express and implied terms of a contract (and details about the duty of trust and confidence that exists within a contract) see our Guide here.

Maternity Leave and Pay, Adoption Leave and Pay and Paternity Leave and Pay Antenatal care (and from 1st October 2011 certain agency workers will also have this right see our new Guide here)

Your basic rights as an employee There are minimum rights and entitlements set out in law, which apply to ALL employees, whether it is written in your employment agreement or not. Your employment agreement cannot trade off or provide for less than these minimums. The law protects you at work by

setting the minimum rights you have as an employee with

o o

paid time off work the minimum you can get paid
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o o o

public holidays sick leave bereavement leave

giving you the right to refuse to do work that would likely harm you Making sure that all workers, including young people, are safe at work and not unlawfully discriminated against.

Employee Rights & Laws Employee Rights Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union. Union Activity Employees have the right to attempt to form a union where none currently exists, or to decertify a union that has lost the support of employees. Examples of employee rights include:

Forming, or attempting to form, a union in your workplace; Joining a union whether the union is recognized by your employer or not; Assisting a union in organizing your fellow employees; Refusing to do any or all of these things. To be fairly represented by a union

Activity Outside a Union Employees who are not represented by a union also have rights under the NLRA. Specifically, the National Labor Relations Board protects the rights of employees to engage in concerted activity, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employers attention, trying to induce group action, or seeking to prepare for group action.
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A few examples of protected concerted activities are:

Two or more employees addressing their employer about improving their pay. Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.

An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

More information, including descriptions of actual concerted activity cases, is available on the protected concerted activity page. Who is covered? Most employees in the private sector are covered by the NLRA. However, the Act specifically excludes individuals who are:

employed by Federal, state, or local government employed as agricultural laborers employed in the domestic service of any person or family in a home employed by a parent or spouse employed as an independent contractor employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)

employed by an employer subject to the Railway Labor Act, such as railroads and airlines

employed by any other person who is not an employer as defined in the NLRA

Rights We Protect The National Labor Relations Board protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions. If you believe your rights have been violated, or that an employer or a union has engaged in unlawful conduct, you may file a charge through one of our regional offices. Petitions for representation and decertification elections may also be filed at regional offices.
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What's the Law? As an employee, you have the right to join together with co-workers to address issues at work, with or without a union. The NLRB is here to help. Learn more about these rights and what you can do if you believe they've been violated. Employee Rights Employees covered by the NLRA are guaranteed the right to form, join, decertify, or assist a labor organization, and to bargain collectively through representatives of their own choosing, or to refrain from such activities. Employees may also join together to improve terms and conditions of employment without a union. Protected Concerted Activity The law we enforce gives employees the right to act together to try to improve their pay and working conditions or fix job-related problems, even if they aren't in a union. Employer/Union Rights and Obligations The law forbids employers from interfering with employees in the exercise of rights to form, join or assist a labor organization for collective bargaining, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not interfere with employees in the exercise of these rights. Jurisdictional Standards The Board has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level. Over the years, it has established standards for asserting jurisdiction, which are described on this page.

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Employee Rights in Disciplinary Actions Lots of employees refuse to sign disciplinary notices. Whether it's a counseling, warning, written reprimand, or suspension, anything before you're terminated is something you should sign. Why? Because refusing an order to sign it just might be considered insubordination. It also makes you look like a. a jerk; b. unprofessional; or c. like you don't know what you are doing. Refusing to sign doesn't make it go away. They'll probably write on it, "Refused to sign." That looks good come promotion time, doesn't it? But I disagree with what it says! Okay, so what? Unless the document says that your signature certifies that you agree with it, you're just signing that you received it. But I'm a cautious sort, so I recommend, just to be sure, that you sign, "As to receipt only, written rebuttal to follow." If it does say you certify that you agree with it, then write, "I disagree
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with this document and am signing as to receipt only." Get a copy. Always get a copy of everything you sign. What do I put in the rebuttal? You want to be factual. This is not the time to insult your boss, complain about professionalism, or air general grievances. You need to be specific about what is untrue in the document. If you have proof, attach it. If you have witnesses, list them (but remember, most coworkers will lie to save their jobs, no matter how much you think they're your friends). The next question you need to ask is whether you were treated differently than others of a different race, age, sex, religion, color, national origin, genetic information; who wasn't disabled or pregnant; or who hadn't recently taken Family and Medical Leave, made a worker's comp claim, or objected to illegal activity. In other words, were you singled out due to some legally protected status? If so, now is the time to point that out. But I don't want to go there Why the heck not? First of all, the Supreme Court says if you're being harassed or are in a hostile environment due to a protected status, you have to complain under the company's harassment policy. Don't look at me like that. It's not my rule. It's the Supreme Court's rule. I know it's not practical. It's scary to go there. But they say you have to if you want to preserve your right to bring those claims down the road. Second, if you complain about discrimination, whistleblower retaliation, FMLA retaliation, worker's comp retaliation, or something legally protected, then you're also legally protected from retaliation for complaining. So you not only should attach your discrimination complaint to your disciplinary notice, but you should also send it to HR or whoever is listed in the harassment policy. Call it a "Formal Complaint of [Racial, Gender-based, Religious, etc.] Harassment" and detail how you were singled out. List everyone of a different status who did the same thing who wasn't disciplined, or who wasn't disciplined as severely. List any comments your supervisors made about your protected status. Then you give them a chance to investigate. Don't expect much, but this will help you down the road if you ever do decide to take legal action.

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