Employment Relations

Цифровые технологии меняют современное общество, скорость и масштаб изменений возрастают, что вызывает необходимость для права реагировать на происходящие процессы и перестраиваться в соответствии с новыми реалиями. Трудовое право как часть правовой материи не может остаться в стороне, особенно если учитывать, что цифровые технологии меняют производство, сервис, управление организациями, то есть меняют сферу труда. Чтобы понять в каком направлении будут идти дальнейшие изменения, стоит подробнее присмотреться к основным цифровым технологиям, проникающим практически во все сферы общества, все отрасли экономики и именуемым «сквозными». Их влияние оказывается наиболее сильным, и эта тенденция сохранится на будущее. Соответственно, изменения в трудовом праве во многом будут определяться распространением на практике этих технологий.

This paper matches BLS occupational projections for 2008-2018 to Census data on disability prevalence and O*Net data on ability requirements to create (a) baseline projections of the expected changes in employment of people with disabilities, and (b) estimates of the potential for increased employment of people with disabilities based on the ability requirements of growing occupations. One finding is that people with disabilities tend to be underrepresented in the fastest-growing occupations, so that their projected employment by 2018 is 104,000 jobs lower than if they were proportionately distributed across occupations.  For most of the 52 specific abilities identified in O*Net, there is substantial job growth in occupations where the ability is of little or no importance, indicating significant potential for increased employment of people with disabilities.  For each of the specific abilities, the paper presents the occupations with the greatest job growth in which the ability is not important, representing the most promising occupations for people who lack the specific ability.  An analysis of education and training requirements indicates that there is a large number of well-educated non-employed people with disabilities who can help fill projected job growth and alleviate labor shortages.  Finally, we present growth in part-time, home-based, and computer-using jobs, which may be especially appropriate for many people with disabilities.  The results provide a useful planning tool for employers, people with disabilities, vocational planners, educators, and policy-makers.

People perceive globalisation differently. Some consider it to be the internationalisation of local economies in terms of trade, foreign direct investments, agriculture, technology transfer and dominant culture, amongst others. However, globalisation, with its liberalisation and deregulation policies, seem to have created additional turmoil in the workplace as far as employment relations is concerned. The main objective of this paper was to investigate how globalisation has influenced employment regulations/deregulations in Kenya. The study adopted an explanatory mixed method approach. About 500 closed ended questionnaires were distributed to employees of the sampled companies, and of these, 483 were satisfactorily completed, which culminated in a 97% response rate. In addition, 10 key employment relations stakeholders were interviewed for the qualitative phase of the research study. The study revealed that the conditions of workers, in terms of health, have improved in Kenya since globalisation. It also reflected that working conditions, particularly regarding safety, have improved since globalisation. The study further showed that organisations in Kenya are exploiting children, who are part of their unskilled workforce, by paying them low wages, which reflects a recent, rising trend in the use of child labour in Kenya, particularly in manufacturing sectors. Thus, the study's findings show that there has been an increase in the use of cheap labour amongst Kenyan organisations. In addition, the study indicates that Kenyan companies favour foreign employees compared to local ones in terms of salaries and wages.

The role of the employment contract in the 21st century presents new nuances in the globalized economy and in the new roles of the union, which require a re-reading of its legal nature in the light of the interdependence between Labor Law and Economics. Deepening the legal nature of the employment contract can be a useful mechanism to combine the market laws with due respect for the human dignity of the worker.

1. Our recommendations help –

A. Entrepreneurs to downsize, right size or close their enterprise without government permission.
B. But, all workers who have been laid off must get PF and Severance Pay (as in Europe and Brazil)

2. Therefore we are AGAINST THRESHOLDS. Entrepreneurs and Workers suffer because of TWO THRESHOLDS.
A. SIZE: Units with 100+ workers suffer many restraints to Labour flexibility. This is disagreeable to Entrepreneurs.
B. DURATION: Only workers who have been employed for over 240 days are entitled to benefits. This seriously disadvantages workers.

We are against all thresholds as they:
i. Encourage small enterprises and not big scale, high technology ones
ii. Encourage employment of non-permanent casual workers; this blocks skill development

3. ALL WORKERS ARE ON THE MUSTER and are entitled to all benefits.

4. When worker is retrenched/laid-off, the benefits over and above PF, Bonus also includes SEVERANCE PAY (as in Europe and Brazil). We have allowed for exceptions in “Seasonal Industries”, but there are certain constraints in this sector too.

5. So now no enterprise gains from being
A. Small and Employing below 100 workers
OR
B. Firing workers before 240 days of Employment are over

6. So hiring contract /casual workers now become less attractive.
     
THEREFORE:
A. All workers hired for non-core jobs must come from a contractor’s firm where this job is a core one
B. All contract workers, no matter where they are currently hired to work, are on the Muster of their parent firm

7. On Dispute Resolution we suggest:
A. One Workers’ Council whose office bearers are elected by universal secret ballot BUT only by those inside the company.
B. Trade Unions can function within but the body representing workers will be the Workers’ Council.

8. Also a Three Tier Dispute Resolution Mechanism is suggested.
A. Workers’ Council, whose office bearers will be internal and elected internally as well.
B. Conciliation Committee, which will have labour representatives.
C. Labour Tribunal.

The time taken at each level is fixed without exceptions.

In the business and economic spheres, many of the most pressing ethical issues involve the employment relationship, such as the rights of employees versus shareholders, employee privacy and monitoring, whistleblowing, pay equity, discrimination, employee safety, anti-union campaigns, and minimum labor standards. Since the field of human resources and industrial relations is ultimately about people and quality of life, there is a pressing need to develop applications of business ethics for the employment relationship in the context of research, practice, and teaching.

SECTION I: Ethical Theory

CHAPTER 1— Moral Philosophy, Business Ethics, and the Employment Relationship
John W. Budd and James G. Scoville

CHAPTER 2—The Social Welfare Objectives and Ethical Principles of Industrial Relations
Bruce E. Kaufman

CHAPTER 3—Kantian Ethical Thought
Norman Bowie

CHAPTER 4—Non-Western Ethical Frameworks: Implications for Human Resources and Industrial Relations
James G. Scoville, John J. Lawler, and Xiang Yi

SECTION II: HRIR Applications

CHAPTER 5—Globalization and Business Ethics in Employment Relations
Hoyt N. Wheeler

CHAPTER 6—The Technological Assault on Ethics in the Modern Workplace
Richard S. Rosenberg

CHAPTER 7—The Ethics of Human Resource Management
Elizabeth D. Scott

CHAPTER 8—Ethical Challenges in Labor Relations
John T. Delaney

SECTION III: Ethics in Practice

CHAPTER 9—Ethical Practices in a Corporation: The Allina Case
Jonathan E. Booth, Ronald S. Heinz, and Michael W. Howe

CHAPTER 10—Ethical Practices in a Labor Union: The UAW Case
Linda Ewing

CHAPTER 11—The Critical Failure of Workplace Ethics
Gordon Lafer

This chapter explores the employee’s protection from the psychosocial risk of harassment in France and Italy. France has adopted legal provisions on this matter and explicitly acknowledged psychological risk as an occupational risk, while in Italy protection was developed through judicial interpretation of the employer’s obligation to protect the employee’s physical integrity and moral personality. Having identified the differences in the two national approaches to the risk of harassment, this chapter investigates which of these approaches could serve as vector for the development of protection from harassment in Russia, where psychological risk is not yet acknowledged.

'Twists and turns to determine employment relationship' " The world of work has changed considerably over the last few decades and it continues to change with formal full-time employment on the decrease. Part-time employment, outsourcing and casualization have been features of our labour market even at the time that the Labour Relations Act 66 of 1995 was passed, while the gig economy has provided new opportunities for otherwise unemployed people to earn an income. The line between who is employed and who is not is increasingly blurred as relationships have become largely anonymized, internationally and intra-nationally. "

One of the major obstacles in the use of an HRIS is its implementation. The IT and HR literature are fi lled with stories about the failure to implement well-designed and well-developed computer technolog y. This failure has occurred not only in HRIS implementation, but also in operations, marketing, and fi nancial computer-based systems. Although technical challenges will always remain in implementing a n HRIS, the major challenge to successful implementation is often more behavioral than technical. In t his research, the authors examine the important role that change management plays in the implementat ion of an HRIS. This research briefly introduces change management and its role in HRIS Implementa tion. The research then turns to a discussion of the factors that can impact the success or failure of an i mplementation. Finally, the authors discuss the various organizational and individual factors that can a ffect the successful implementation of a new or re-automated HRIS.

We examine the effects of New York’s Labor Law 240, known as the Scaffold Law, on worker safety. This law is important because it generates much litigation and significantly increases the cost of infrastructure projects in the state, especially through insurance. Supporters of the 19th century law argue that it enhances worker safety. Critics suggest that it creates moral hazard, or reduced investment in precaution, on the part of workers. We assemble the first-ever panel data set across states, time, and economic activities to empirically examine those competing claims. Our data set includes 3,382 observations from 2000 to 2010 across 42 states and a variety of commercial activities. Using standard panel data techniques such as year-fixed effects, state-fixed effects, and robust standard errors, we found that New York’s Scaffold Law increases both fatal and nonfatal construction accidents. This effect is significant in magnitude, and is consistent with the predictions of standard models of liability rules. We conclude our study by examining the effect of Labor Law 240 on insurance loss costs in the state, finding that it significantly increases the cost of infrastructure construction through higher insurance costs, which is also consistent with reduced worker safety. Our analysis questions the ongoing efficacy of the law.

Randeree, K., Chaudhry, A., Leadership: The Employee Perspective - A Study in Dubai’s Construction Industry, 5th International Business Research (IBR) Conference: “Strands of Development”, 26 - 27 April 2007, Dubai, United Arab Emirates.
Dubai is a regional leader in infrastructure development. Rapid growth has led to project management gaining tremendous importance in the construction sector. Employees are an important part of any industry and their job satisfaction and organisational commitment affects the turnover rate and productivity of a company (Benkhoff, 1997; Randeree and Chaudhry, pending). Leadership has a strong influence on employees' job satisfaction and organisational commitment (Lok & Crawford, 1999). Thus, it is vital to examine leadership styles in a rapidly growing industry in what is also such a cosmopolitan city. Hence, the research undertaken aims to study leadership styles in construction project management in Dubai. The findings show that employees feel that Consensus and Team Management leadership styles are predominant in the industry and employees have shown preference for working under these leadership styles.

This article is entitled “Temporary Agency Worker: Typical Triangular Employment Relationship”, discusses whether the temporary agency worker in the typical “triangular” relationship should be treated as an employee of the agency or the end-user of their services.
A public survey was conducted and its result is shown in table no 1.

Thereafter, few finding and recommendations are suggested so as to follow by the authority to determine the employment status of the temporary agency worker in the typical “triangular” relationship in Bangladesh.

This paper overviews and explains the fundamental shift away from collective bargaining and industry arrangements to individualised and workplace based employment relations in New Zealand in the last two decades. While researchers have pointed to many explanatory factors driving‟ this shift away from collectivism, this paper will overview the changes in legislative frameworks and then focus on the role played by employers and their associations. This is partly because the role of employers has been under-researched in New Zealand employment relations and partly because it allows us to draw on several recent research projects and their empirical research findings. The paper suggests that the decline in collectivism may have serious unanticipated outcomes which have yet to feature prominently in employer discourses on employment relations. In particular, it is argued that it may jeopardise a move towards a high-skill, high-wage economy as tripartite efforts in training and education are undermined and a low-cost, low-skill equilibrium is becoming embedded.

"The most recent European employment law saga arising from Viking, Laval, and subsequent decisions has commonly been understood as perpetuating the infiltration of economic provisions into labor legislation. It has also been asserted, however, that these cases contain contradictory arguments, which offer a multifaceted narrative. The new construction of Article 151 TFEU (ex Article 136 EC) is of particular interest. Considered to be the cornerstone of European employment policy, this provision had generally been regarded as programmatic. During the past few years, however, it has progressively metamorphosed into a substantive rule and now plays a latent, but crucial, role in the court's reasoning. In combination with the new social clause introduced by the Lisbon Treaty, these elements provide normative arguments that can create an opening in the material constitution of the EU. This article contends, for the most part, that they provide tools that may be applied towards embedding employment rights in Europe."

The PGA Tour caddie is a position many people see but fail to recognise when they enjoy a PGA Tour event. Caddies serve a vital role to the Tour player, aiding in club selection, as well as course and atmospheric conditions during a round of golf (Bruce, 1999). The dyadic employment relationship between caddie and player is one that has been neglected in the literature. This paper will examine the concept of the psychological contract as it relates to caddies and the means in which they receive rewards. In an attempt to explain rewards, the paper applies Lawler and Porter's (1967) model to the psychological contract. It is the first time for the application of the psychological contract to Lawler and Porter's model of motivation with respect to creating a model to explain the employment relationship between a caddie and the PGA Tour player. INTRODUCTION The relationship between a PGA Tour player and their caddie is one that has often been overlooked and the literature has neglected. In an attempt to add to the literature base, this paper attempts to apply the concept of the psychological contract to Lawler and Porter's model of motivation, adding a theoretical understanding to the dyadic employment relationship. Caddies are employed by the PGA Tour golfer and receive all compensation and incentives from the Tour player, creating a dyadic employment relationship. The duration of this relationship could last the whole career of the Tour golfer or it could last only a week. Traditionally the Tour player and caddie have a relationship that lasts due to the familiarity established in the dyadic relationship. Viewing the caddie and Tour player as an organisation striving for a common goal is the perspective adopted in this paper.

" Once discrimination has been established on a 'listed ground', unfairness is presumed, and the employer must prove the contrary. Relevant considerations in this regard include the position of the victim of the discrimination in society, the purpose sought to be achieved by the discrimination, the extent to which rights or interests of the victim of the discrimination have been affected, whether the discrimination has impaired the human dignity of the victim, and whether less restrictive means are available to achieve the purpose of the discrimination. Without question, a policy that effectively punishes the practice of a religion and culture degrades and devalues the followers of that religion and culture in society; it is a palpable invasion of their dignity which says their religion or culture is not worthy of protection and the impact of the limitation is profound. That impact here was devastating because the respondents' refusal to yield to an instruction at odds with their sincerely held beliefs cost them their employment. Whether the discriminatory impact of the dress code was 'justifiable' stands to be decided under the provisions of section 187(2)(a) of the LRA as the constitutionality of the policy was not challenged. According to the section ", a dismissal may be fair if the reason for dismissal is based on an inherent requirement of the particular job". An 'inherent requirement of a job' has been interpreted to mean "a permanent attribute or quality forming an. .. essential element. .and an indispensable attribute which must relate in an inescapable way to the performing of a job". [Underlining and emphasis added]. [Department of Correctional Services and another v Police and Prisons Civil Rights Union and others [2013] 7 BLLR 639 (SCA) at 22-23].

This study examined the role of flexible working hours' arrangement on employee job performance and the retention of employees. Flexible working hours' arrangements are preferable for employees across different cohorts, levels, gender, and are one of the most sought-after benefits. Purposive sampling technique was used to collect data from 227 permanent and contract employees from five manufacturing industries in Agbara, Ogun State. Data were collected through the use of a flexible working hour questionnaire developed by Hill, Hawkins, Ferris and Weitzman, (2001). An eight-item questionnaire of affective organisation commitment by Meyer and Allen (1991) was used to measure employee retention. Questionnaire designed by Rose (2005) was used to measure employee work stress. The data collected was analyzed based on descriptive analysis of demographic information using table. Linear Regression and Pearson Correlation were used to test the three hypotheses presumed for this study. This study found that flexible work-hour arrangements improved employee performance, increased retention of employees and reduced employee work stress. It is recommended that a proactive strategy be adopted by organisations to improve the alignment between flexible work-hour agreements and other human resource policies such as recruitment, promotion, training, rewards and performance assessment.

Монографія присвячена комплексному дослідженню актуальних теоретичних і практичних проблем юридичних фактів у механізмі правового регулювання трудових відносин. Здійснено ґрунтовний аналіз юридичного факту як самостійного елемента механізму правового регулювання трудових відносин. Розглянуто юридичні факти в їх системному взаємозв’язку з нормами права та правовідносинами, що охоплюються предметом трудового права як окремої галузі. Всебічно досліджено теоретичні засади та розвиток вчення про юридичні факти у трудовому праві. З огляду на існуючу галузеву специфіку, визначені особливості юридичних фактів у трудовому праві та сформульована концепція юридичних фактів у механізмі правового регулювання трудових відносин. Особливу увагу приділено дослідженню трудового договору як юридичного факту, який проаналізовано з урахуванням усталених доктринальних підходів і новітніх тенденцій у сфері праці та зайнятості. Детально розглянуто основні юридичні факти, що зумовлюють динаміку індивідуальних трудових правовідносин, а також окремих видів відносин, що тісно пов’язані з трудовими. Висвітлено проблемні питання застосування трудового законодавства та внесено конкретні пропозиції щодо його вдосконалення.