EDUCATIONAL CODE 7
Thiseducation code has provisions that protect both the employees and theorganization. Those that protect employees basically outline theirright to a work employment that facilitates a sound workingrelationship with their colleagues. Sections with provisions thatprotect organization basically ensure that organizations also have alevel playing field in the execution of their mandates.
Provisions of the Sections that are Primarily Protecting the Organization
E10-108stipulates the power that an organization has in enforcing punitiveor corrective action any violation. Organizations through the boardhave the prerogative to set the rules through which employees shouldoperate. They have the prerogative to make adjustments on theemployment status of employees or even terminate the services of anemployee based on the set standards. The involvement of boards is ameasure of checks and balances so that organizations do not act inexcess of their powers over their employees.
E10-123protects the organization against financial offenders. It states thatwhen an employee or any other person who has a contract with theorganization violates the laws of the country and/or the trustbestowed upon them on financial matters, they will face punitivemeasures. Such violations also attract the involvement of lawenforcement agencies. The provision also denies violators ofinsurance coverage if they are involved in any acts of financialcrime (Pacific Union Conference, 2014).
E10-112defines a certified employee and the qualifications that they musthold for them to perform the prescribed duties. By requiring acertified employee to have an endorsement and a valid certificate,the organization protects itself from any case of incompetence andits associated consequences.
Provisionsin sections E10-116 entail the terms of the contract. The terms ofthe contract are actually the organizations bargaining instruments.Section A of these provisions gives organizations the powers toestablish the terms of employment that all prospective employees musthave. Prospective employees earn admissions to organizations underthis code only after adhering accepting the terms therein by signing.E10-120 further gives the organization the right to renew or notrenew the contract.
Afteraccepting the terms of employment, the organization under sectionE10-124 sets conditions of employment. It has several provisions onthe conditions that all employees must fulfill to qualify foremployment. In this context, some of the conditions are:
Certification:The central office issues certificates to qualified certificates sothat the organization recruits a high-quality human resource inregard to its standards.
Churchmembership- considering that the organization is a denominationalentity it must ensure that the employees are members of the SeventhDay Adventist faithful so that it does not risk exposing itself toother faithful that may be having conflicting values.
Conflictingactivities- this condition protects the organization from disgruntledemployees that may serve the interests of other organizations. Thus,setting denominational conditions is a vital part of the entireprotection scheme that the organization uses to safeguard itself frompossible malpractices.
Criminalrecord summary- this provision protects the organization fromemploying people with a past criminal record. Although, it is aChristian entity, the founders found it necessary to establish a rulethat will not put learners in danger. Some of the protective measuresto enforce these provisions are: forwarding fingerprints of newemployees and a request of the criminal history of a new employeefrom the Department of Justice for clearance before they commencetheir duties in the organization.
Statementof knowledge about any case of abuse: any cases of child abuse withinthe premises of the organization are subject to defaming litigationfrom the offended parents. Thus, the organization protects itselffrom the occurrence of such by requiring all employees to acknowledgetheir duty to report any case of child abuse. State law also expectsorganization that care for children to so. The provision seeks toincriminate any employee who fails to disclose such cases rather thanthe organization. They must report the matter in any possible mannerin their jurisdiction without appearing or showing any intentionconcealing the truth.
Provisions of the sections that are primarily protecting employees
Theprovisions under section A11-124 protect employees from workplacethat may arise from their ethnic and/or racial differences. Theprovisions of about ‘Ethnic and A11-128 Multicultural sensitivity’and the ‘Statement of Philosophy for Competition in Life’,explain the need for employees to relate well with each other andtheir employers in a way that creates a healthy working environment.
TheProvisions about Ethnic and Multicultural Sensitivity
Thisprovision seeks to create an environment that promotes unity andequality for all employees. All employees are supposed to treatothers with dignity and respect. They instill and inform employeesabout the positive values of diversity so that they view each otheras a necessary composition in the organization. There also punitivemeasures in the code that seek to deal with cases where employeesreport offensive statements, slurs targeted racial and ethniccommunities, ethnic jokes, and other practices that are likely todisunite employees. The code also gives the institutions the mandateto ensure that all practices that enhance ethnic and multiculturalsensitivity are implemented effectively. Although these provisionsmay not sound protective as such, they fundamentally determine theway employees associate and relate with each other. Employees shouldhave knowledge about the expectations of the church and the state interms of treating their colleagues who do not come from their ethniccommunity of racial group. A working environment without this workethics provides room for racial and ethnic prejudice among employeesleading reduced productivity (Pacific Union Conference,2014).
A11-128: The provisions in the statement of philosophy for competition inlife
Haphazardcompetition is unhealthy especially in a work environment whereemployees are supposed to work together on different organizationtasks. The education code has provisions that underscore the need forhealthy competition so that employees do not end up working againsteach other instead of working with one another. First, the codeprescribes the appropriate settings for completion among employees.Teachers guide students who are potential employees about the valuesof focusing, exhibiting resilience, and dealing with both victory anddefeat in a gracious manner. The conditions for competition at theworkplace must provide the same opportunities and chances for bothvictory and defeat. Creating fairness also creates room for healthyinterpersonal relations among employee who work together. Unhealthycompetition in an inappropriate environment is likely to causeoutward aggression among employees. As a way to enhance healthycompetition with appropriate conditions, the code directs thatinstitutions have higher principles that guide it.
Why the Protections are Necessary
Theprotections discussed above are necessary for both the organizationand employees to have a fair working environment. The organizationemploys people whose offenses are subject to its responsibilitiesespecially if the employee(s) commit the crime(s) in the premises ofthe organization. Furthermore, the organization has a responsibilityto fulfill its legal obligations both at state and federal level. Forexample, federal laws on children rights compels organization thatdeal with children to compel employees to report any case(s) of childabuse. They must not appear or show intent of concealing the crime.For the organization to protect itself from the possibility of legalaction against it for a child abuse case in its premises, it mustalso have an internal policy that compels employees to report anycase of child abuse.
Employeesalso require protection from such things as discrimination based onrace, unhealthy working conditions, and low pay. The protectionssafeguard employees from such violations. In a racially andethnically diverse society, it is not new to come across cases ofprejudice based on any of the above mentioned factors. In some cases,organizations deliberately fail to ensure that employs work in safeenvironment. The organization must, therefore, show commitment toemployee protection by adopting internal policies that implement theprovisions in the sections above.
SectionE10-128 is a bit of a surprise because it allows for discrimination.It gives the organization the right to discriminate people based ondenominational faith. It is pursuant to an exception innon-discrimination laws under the free exercise of religion. Theexception allows religious groups to establish institutions that arebased on their respective faiths. The institutions require staffingstrictly by individuals from the particular faith. This is somewhatcontradictory with non-discriminatory laws that prohibitdiscrimination based on religious beliefs (PacificUnion Conference, 2014).
PacificUnion Conference (2014). Education Code. Available atfile:///C:/Users/PNK/Desktop/EC_Complete_2014_signed%5B1%5D.pdf