Employment Law – Physcological Approach

The Psychological Approach to Employment Consulting and Business Success.

In most cases, workplace interactions resemble perfect laboratory type conditions to asses, determine or witness psychological experiments, or to see all kinds of behaviors occur right before our eyes. The physical conditions, stress, interactions, and over all ambiance of any company that is shared collectively by people that spend more time at the job than at home, create interesting trends and reactions that must be understood and appreciated by every human resource and legal specialist with substantial exposure to employment issues.

The breadth and depth of psychological and psychosocial behaviors and patterns in the workplace is as diverse and profound as the unique makeup and extent of each individual. Nevertheless, seldom have we psychologically seen and studied the workplace as a separate entity with identifiable existence, behaviors, patterns and thereafter foreseeable and predictable reactions.

As a brief introductory note, legally this separation between entity and individual has had a clear dichotomy since roman Law. Ultimately, the beholder of legal personality (needed to enter into agreements) is called a person, and there are two kinds of persons in the legal world which are studied and treated separately: 1) Natural which are individuals who acquire personhood upon birth and 2) judicial persons such as corporations which acquire personhood upon incorporation and which are referred too, studied, claimed against and seen as different from all of the individuals that conform it. This ancient and clear distinction allows everyone to understand and navigate the legal world whilst dealing with persons and entities separately (it’s a distinction that we are so accustomed too, that one might never even stop to think about).

Nonetheless, psychologically it might be overlooked with more regularity that all entities (apart from the individuals that create them) likewise have a psychological buildup and baggage that determine a lot in terms of success or failure in relation with business, productivity, managerial and human relations, accolades or over all social recognition. Similar to individuals, all entities are made up of cultural, behavioral and natural traits that create the end product that will allow a company to thrive or fail in an economic model and capitalistic environment that in most cases implies a never ending go go go devotion that could be considered maddening at best. Industrial or occupational psychology as an accepted field of practice has increasingly grown to accept and understand workplace issues not only from the level of the individual but more importantly from understanding the behavioral phenomena that derives from the organizations.

As labor and employment advisors and business consultants this multi-level approach to law and behavior in the workplace is the raw material with which we should operate.  Each organization functions, behaves and shows different patterns that if identified and analyzed will ultimately serve in legal preventive strategies, risk management and the avoidance of

costly litigation. What marks the difference between attorneys and business consultants is not only a concern for the behavioral patterns of any company, but moreover the capacity to discern and uncover them, accompanied by a talent to analyze, learn and use these patterns in favor of each client.

Unlike the U.S.A or the U.K., Mexican Labor law sets forth minimal rules of engagement that must be met in every employee-employer relationship and which can be expanded contingent upon employer policies and possibilities. This approach sets the tone for all labor relations nationwide in terms of minimum requirements and statutory benefits. As a consequence, Federal Labor Law creates a perfect scenario and level playing field for consultants to analyze each organization, for example: If 5 different companies in the same sector operate with the exact same labor benefit packages, same working hours and are located in a range of 20 kms all from each other… what makes one company stand apart in terms of productivity and success? Why is it that under the same circumstances one organization may thrive whilst the other disappear?

Labor and business consulting is not only about compliance, and lawfulness but more over about specific behavioral and operational knowledge of each client to be able to make the best of HR, to get more out of production and to avoid complications in a non-stop otherwise emotionless economy.  Legal knowledge is only the first requirement for a labor consultant due to the fact that success in Human Resource management and productivity is most of the time contingent upon certain psychological and cultural rules that constitute unwritten social and behavioral norms.

Every organization must always be viewed and identified thereafter as an entity with separate behavioral characteristics that should be clear to director’s owners and executives to be able to obtain success in a system where respect, fairness and management are as important to success as legality is to compliance. Legal consultants thereafter must realize the trust that each business places upon them and shall be conscientious and responsible as to guarantee that all legal, cultural, social and behavioral leads are in place as to guarantee as much success as possible… Conscious legal consulting.

Juan José Díaz Mirón

For more information: jjdiazmiron@diazmiron.com

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