This is the surprising thing to me. My wife works in HR, but is also an attorney and her boss and boss's boss are also attorneys. They run their department substantially more in line with federal and state laws than just about any other I've encountered. When we're talking with friends and other people who work in HR, she usually later tells me everything they're doing wrong and it's interesting how far off-base many companies are.
Id be the good cop and my old mate Pat Mulligan who's Industrial relations for the post office could be the bad/cop legal muscle.
Of course I've been in situations where HR don't know the laws and others where they chose to ignore them or denied their existence.
When it comes to saving money, HR departments educate themselves rather well in regards to the law.
This is where a little bit of knowledge is very dangerous. Companies read a small part of the laws and think it's very simple to reclassify hourly employees to salaried employees. It's not.
Also, this is why labor still organizes in the US, even if organization is down substantially over what it used to be.
And yes, if the workers had pursued legal action, I think they would have had a case, but these people were somewhere around lower middle class or poverty level and they were very afraid of losing their jobs. Knowing them, and others who are in similar situations, I completely understand and sympathize. When you're treated like crap, but given the illusion that you're respected and needed, you'll convince yourself that everything is "good enough." I myself did it for many years.
Look, I'm not hopelessly naïve (most of the time) and understand very well about standing up to what's right, but there's a way to do that without acting like this. Even if the person you're dealing with is a sociopath, even if they're terrible human beings, there are ways around them that don't rely to threats, real or implied.
Negotiation takes a lot of nuances, verbal and physical, but you can achieve a lot diplomatically without being intimidating physically.
I understand where you're coming from, but I disagree completely.
Edit: Also, I didn't downvote you because what you brought up was still interesting and allowed me to voice my opinion.
That said, some people can only think in terms of who can kick who's ass - for them might IS right. The stupid ones become muggers and extortionists, the smart ones get a system (legal, corporate, etc) to fight their battles for them.
I see no moral problem with presenting them with a simplified model of their worldview, it's their choice, I am just showing that I am willing to make it manifest.
Like I said, take with a grain of salt.
It turned out, as it often does, to be a blessing. And it absolutely taught me the role of HR.
Have you ever, for example, had a contract change forced upon you, benefits taken away/downgraded, had long-time overtime policies changed, experience blatant discrimination? It's been my experience in cases such as those, you find out who HR works for.
A company trying that in scandinavia would be committing suicide, they'd get smashed by their union reps and would get shunned by other companies (Nordics have a labor model similar to germany, cooperative and regulated by collective bargaining agreement at multiple levels, generally starting at the "economic sector" level and filtering down. A company trying to break labor agreements which others have to follow in such a way would be seen very badly)
I have less than great experiences with HR as well, sure, but I don't agree that it's as horrible as many here describe it.
This might be a US-centric view. In the UK if you don't know employment law you're no use as an HR professional. Your line managers almost certainly don't so HR are often the only people who do.
I agree with your statement but I do not think it disagrees with mine. Perhaps I should have said "for a job in HR".
My experiences with HR:
- Often staffed by aggressive, yet very sociable and smiley people. They would nail you to a cross if the directors demanded it.
- Even a basic knowledge of labour laws is not a pre-requisite for a career in HR. That is because there is little regard for them by the C-levels.
- Try and avoid them. Do not go running to HR. Sort it out yourself or work it out with your boss. If the problem is your boss, it's likely that they're much friendlier with HR and treated with much more respect than you. If you do go to HR, think hard about how you are respected and viewed at the company.