2,698 results on '"LABOR contracts"'
Search Results
2. SIGN YOUR NAME ON THE DOTTED LINE ... IS NETFLIX'S SQUID GAME SOMETHING MORE THAN MERE CHILD'S PLAY?
- Author
-
Karpman, Samantha
- Subjects
- *
REASONABLE care (Law) , *REALITY television program participants , *REALITY television programs , *LABOR organizing , *LABOR contracts , *INDUSTRIAL safety - Abstract
Prior to watching Netflix's hit show, Squid Game, I was proud to say that I was someone who was a true connoisseur of reality television. Like millions of Americans who tune in to their favorite "trash TV" show, I would always look forward to turning on my TV at the end of a long day, sitting back in my pajamas, and binge-watching my favorite reality television shows. And, unlike many viewers, I was not ashamed to say this was one of my favorite hobbies. However, after watching Squid Game, my passion for reality television also grew into a concern for the potential welfare of the various participants. Although the show is highly dramatized in its portrayal of the harm done to participants in a competition-based reality program, Squid Game provides a useful springboard for discussion to see what could possibly happen if we continue to allow executives and networks to do as they like (without regard for the welfare of their participants) . . . all for the sake of drawing in ratings and maintaining the attention of viewers. This article examines the multitude of potential legal issues involved in reality television show participation through an exploration of the various abuses done to both Squid Game and "real life" reality TV participants. Then, after evaluating the near unconscionability of real-life reality television arrangements, this Article will provide two solutions that could even out the playing field between networks/producers/executives and participants: (1) adoption of the Ofcom duty of care standard in reality television contracts that the UK implemented in December 2020 and (2) permitted unionization of reality television participants in order to ensure more effective bargaining. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. Precarious Participants, Online Labour Platforms and the Academic Mode of Production: Examining Gigified Research Participation.
- Author
-
McKenzie, Monique de Jong
- Subjects
- *
RESEARCH ethics , *GIG economy , *PRECARITY , *EDUCATION research , *LABOR contracts - Abstract
In an economic environment defined by precarious and gig-based labour contracts, academic research has been reimagined as a source of income for research participants. In addition, with the rise of online labour platforms, researchers have turned to online labour platforms as a solution to the increasing difficulty in recruitment of participants in research. This present context makes explicit the hidden labour that research participants have always done in the production of research outputs within academia. This paper develops a Marxist lens through which we can understand the material conditions of the circulation of capital through academia and the role of research participants in this mode of production. By developing this broad analytical framework for the academic mode of production, this paper further argues that our present economic epoch of the gig economy and specifically the use of digital labour platforms for academic research, has accelerated the subsumption of research participation as a source of income through the fragmentation of work and the gigification of everyday life. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. The future of work for young people – early occupational pathways and the risk of automation in Australia.
- Author
-
Cebulla, Andreas
- Subjects
- *
YOUNG adults , *YOUNG workers , *HAZARDOUS occupations , *AUTOMATION , *LAYOFFS , *LABOR contracts - Abstract
Automating workplaces that results in a loss of jobs has become a topic of public debate and study but has paid little attention to differential impacts on age groups. This paper applies OECD data on the risk of jobs being automated to Australian longitudinal survey data following 15 years old students over a ten-year period as they enter the job market. Whilst in the early stages of their working lives, these young Australians often worked in jobs projected to be at high risk of automation, they gradually moved into jobs and occupations projected to be less exposed to automation. Young Australians were also less likely to work in jobs at risk of automation than the average Australian. Besides socio-demographic factors, including educational attainment but also domestic wealth, the incidence and kind of computer use at home were associated with working in jobs at a higher or lower risk of automation, as were young workers' type of employment contract and whether young employees changed employers. Whilst suggestions of large-scale job losses owing to automation may be exaggerated, the socio-economic divide that extends to exposure to at risk occupations ought to be a matter of policy concern. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. What can we learn from general practitioners who left Spain? A mixed methods international study.
- Author
-
Calderón-Larrañaga, Sara, González-De-La-Fuente, Ángel, Espinosa-González, Ana Belén, Casado-Vicente, Verónica, Brito-Fernandes, Óscar, Klazinga, Niek, and Kringos, Dionne
- Subjects
- *
GENERAL practitioners , *WORKFORCE planning , *JOB security , *CONTRACT employment , *PRIMARY care , *HEALTH policy , *LABOR contracts , *CAREER development - Abstract
Background: International mobility of health workforce affects the performance of health systems and has major relevance in human resources for health policy and planning. To date, there has been little research exploring the reasons why general practitioners (GPs) migrate. This mixed methods study aimed to investigate the reasons why Spain-trained GPs migrate and develop GP retention and recruitment health policy recommendations relevant to Spanish primary care. Methods: The study followed an explanatory sequential mixed methods study design combining surveys with semi-structured interviews and focus groups with GPs who qualified in Spain and were living overseas at the time of the study. The survey data examined the reasons why GPs left Spain and their intention to return and were analysed using quantitative methods. The transcripts from interviews and focus groups centred on GPs' insights to enhance retention and recruitment in Spain and were analysed thematically. Results: The survey had 158 respondents with an estimated 25.4% response rate. Insufficient salary (75.3%), job insecurity and temporality (67.7%), excessive workload (67.7%), poor primary care governance (55.7%), lack of flexibility in the workplace (43.7%) and personal circumstances (43.7%) were the main reasons for leaving Spain. Almost half of the respondents (48.7%) would consider returning to Spanish general practice if their working conditions improved. Interviews and focus groups with respondents (n = 24) pointed towards the need to improve the quality of employment contracts, working conditions, opportunities for professional development, and governance in primary care for effective retention and recruitment. Conclusion: Efforts to improve GP retention and recruitment in Spain should focus on salary, job security, flexibility, protected workload, professional development, and governance. We draw ten GP retention and recruitment recommendations expected to inform urgent policy action to tackle existing and predicted GP shortages in Spanish primary care. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
6. Appeasing Workers without Great Loss: Autocracy and Progressive Labor Legislation.
- Author
-
Hsu Yumin Wang
- Subjects
- *
LABOR laws , *LABOR contracts , *CONTRACTS , *LABOR law reform , *CONTRACT labor - Abstract
Under what conditions do dictators enact pro-worker legislation? Conventional wisdom suggests that heightened mass discontent motivates dictators to make policy concessions to defuse revolutionary threats. However, a more protective labor law may decrease elites' economic benefits--and thus loyalty to the regime. I argue that limited judicial independence helps dictators control the distributional outcomes of the law and therefore better respond to the twin challenges magnified by labor reforms. To test this argument, I conduct a cross-national analysis of sixty-eight autocracies from 1970 to 2008. I then examine an illustrative case--China's 2008 Labor Contract Law--to illuminate how a non-independent judiciary gives autocrats more leeway to balance the interests of elites and the masses. This article contributes to our understanding of authoritarian survival strategies amid distributive tensions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
7. The Effect of Service-Length Obligations on Occupational Selection: Evidence from West Point Graduates.
- Author
-
Redman, Samuel and Greenberg, Kyle
- Subjects
- *
LABOR contracts , *COUNTERFACTUALS (Logic) , *CONTRACT labor - Abstract
This paper estimates the effect of the U.S. Army's June 2020 decision to increase the service obligation for Army aviators from six to ten years on West Point cadets' preferences for aviation. We use a difference-in-differences identification strategy, exploiting how the policy took effect after the Class of 2021 submitted four sets of interim preferences but before cadets submitted two final sets of preferences, using preferences from cadets in the Classes of 2015 to 2020 to form counterfactual outcomes. The increased service obligation made aviation less popular, reducing the percentage of cadets who ranked aviation as their first choice by 4.1 percentage points (baseline of 18.5%) and increasing the percentage of cadets who ranked aviation as among their three lowest choices by 6.9 percentage points (baseline of 8.9%). The reduction in aviation's popularity is most pronounced among cadets with above-median grade-point-averages, above-median aviation talent scores, and above-median SAT scores. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
8. 'Required to Care': Emotional Labour and the Futures of Work in Catherine Lacey's The Answers.
- Author
-
Macintosh, John
- Subjects
- *
EMOTIONAL labor , *DESKILLING (Labor) , *LABOR contracts , *INTERPERSONAL relations - Abstract
The concept of emotional labour pervades recent popular discourse. However, this discourse tends to emphasize the unpaid work performed in personal and familial relationships. This erases Arlie Russell Hochschild's distinction between emotion work and emotional labour, the latter of which is a waged 'management of feeling' that 'create[s] a publicly observable facial and bodily display'. This focus on unwaged emotion work identifies a real site of exploitation, but tends to obscure the recent historical tendency of care work to be subsumed increasingly into new forms of low-waged labour. I examine this tendency by turning to Catherine Lacey's speculative novel The Answers (2017), which follows an indebted young woman, Mary, who takes a contract job in an experiment run by a celebrity seeking love. Alongside 'girlfriends' with other intimate roles, Mary is paid to be an 'Emotional Girlfriend.' I argue that the novel's thought experiment of splitting the various roles of a romantic partner into separate, waged jobs not only commodifies affective labour, but also replicates the process of industrial deskilling in its depiction of the real subsumption of affective work into the service sectors. Next, I discuss the role of the experiment's Research Division, which not only monitors experimental subjects via cameras, sensors, and interviews, but also directly influences their behaviour using 'internal directives', or chemical instructions that biologically optimize emotion. I argue that these directives intensify the management of feeling to make working subjects' emotions more productive for capital. The argument concludes that The Answers updates Hochschild's theory to account for work that is now often less secure, but fails to address the political questions it raises. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
9. Sondergebühren in Deutschland -- Teil 3.
- Author
-
Stoffels, Markus and König, Maximilian
- Subjects
- *
HEALTH care industry billing , *GOVERNMENT policy , *MEDICAL laws , *LABOR contracts , *MEDICAL care , *CONTRACTING out , *PHYSICIANS , *HOSPITAL utilization - Abstract
The article "Special Fees in Germany - Part 3" deals with the remuneration and billing of medical and non-medical elective services according to German law. It explains the point system of the official fee schedules that is used to calculate the amount of remuneration. In addition, the framework conditions of the liquidation rights of chief physicians are presented. The article deals with various aspects of the fee schedule for doctors (GOÄ) and dentists (GOZ). It is pointed out that the billing of services always depends on the individual case. In order to enable a better allocation of non-coded cases, the medical associations issue analog lists. The fee demand must be reasonable and must not be disproportionate to the services provided. There is a mandatory flat-rate reduction of 25% for certain private medical services. Deviating agreements on the amount of fees are possible, but must not be contrary to public policy. The remuneration becomes due when an invoice meets the legal requirements. The article deals with the liquidation rights of doctors in Germany. The liquidation right refers to the right of doctors to demand separate remuneration for personally provided services and to bill them directly to the patient. It is discussed whether the liquidation right has an influence on hospital remuneration. The question is also raised whether subordinate doctors should be involved in the revenues generated by elective services. The inclusion of non-medical personnel in these regulations is inconsistent. In some federal states, hospital operators and/or chief physicians are legally obliged to involve senior and assistant doctors in the revenues from the liquidation right. The revenues generated are collected in a pool and paid out according to qualification and participation. Doctors are also professionally obliged to involve subordinate doctors in the revenues from billable services. In case of disputes over the entitlement to remuneration, a lawsuit can be filed before the ordinary courts. The place of jurisdiction is determined by the place of performance of the hospital admission contract. The elective service can be provided either as an employment contract service or as an independent activity, which entails tax differences. The classification of the activity as independent or dependent also has an impact on social security contributions and insurance coverage. The assessment of whether the elective service is provided independently or dependently is based on the overall picture of the circumstances and the contractual arrangements. The text deals with the distinction between independent and dependent service provision in hospitals. An essential characteristic is the formal and actual separation between the services of the hospital and the doctor. A uniform appearance of the hospital and a uniform obligation to pay by the patient speak for dependent service provision, while individual assignability and sole access to the revenues by the chief physician are strong indications of independence. Other criteria are ownership of entrepreneurial initiative and the distribution of economic risk. The integration into the business organization of the hospital and the use of the hospital's infrastructure and personnel are also relevant factors. The distinction between independent and dependent activity is made based on the circumstances in each individual case. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
10. Dynamics of Employment and Accumulation of Capital in Colombia, 1965–2019: An Econometric Analysis.
- Author
-
Duque Garcia, Carlos Alberto
- Subjects
- *
LABOR productivity , *CAPITAL stock , *EMPLOYMENT statistics , *INDUSTRIAL relations , *EMPLOYMENT , *CONTRACT labor , *LABOR contracts - Abstract
Following Marx's general law of capitalist accumulation, the present article seeks to evaluate the impact of fixed capital stock, labor productivity, and the mass of profits on the dynamics of employment in Colombia from 1965 to 2019 using a Vector Error Correction Model. The results show that the level of employment exhibits a significant long-term relationship with both the fixed capital stock and labor productivity. In line with Marx's theory, employment expands with fixed capital stock and contracts with labor productivity. In turn, the mass of profits has positive effects on both the capital stock and labor productivity. The empirical findings also support the existence of Marx's biased technical change as well as a negative feedback effect from employment to profits. JEL Classification: J21, C21, C22, B51 [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
11. Nurses' job preferences for working in deprived areas in Tehran: a discrete choice experiment.
- Author
-
Haddadfar, Amirmohammad, Emamgholipour, Sara, Razani, Mohsen, and Salehnejad, Mohammad Hassan
- Subjects
- *
CORPORATE profits , *LABOR contracts , *NURSES , *MEDICAL personnel , *WORKING hours , *WILLINGNESS to pay , *NURSE supply & demand - Abstract
Background: In Iran, the issue of the nursing shortage and unequal distribution exist simultaneously. The shortage of healthcare workers is one of the most important concerns of the health systems. In addition, the disparity in the distribution of healthcare workers between large metropolises and remote or non-capital areas has become a serious concern and a top priority to address. We conducted this study to identify and create a sufficient understanding of the different financial and non-financial preferences of nurses for working in deprived areas. Methods: This research was carried out in June and April 2022. It was carried out in three major phases. The factors influencing the nurses' job preferences were first discovered using qualitative methods. The second phase was conducting a pilot study and determining the best design for discrete choice experiment scenarios. The last phase involved publishing the questionnaire to gather information. Data were analyzed (discrete choice analysis) using JMP Pro 16 software. Results: A desirable job for the participants (nurses) in this study would have a higher salary, work in a city, the Rasmi employment contract, a low workload, adequate workplace facilities, an appropriate work schedule, and 1 to 3 years spent on the assigned job to promote to a higher position. Willingness to pay (WTP) and the probability of selecting different attribute levels were also calculated and reported. For example, the highest amount of money that a nurse expected to be paid was for changing the geographical location of the workplace from a city to a deprived area. In this case, a nurse tends to receive 91.87 million IRR more to move from a city to a deprived area to work. This amount of money was by far the most among other WTPs. Conclusion: The results of this study indicated that nurses are willing to forego net income in exchange for other favorable characteristics of their working environment and conditions. This shows that a variety of actions are accessible to policymakers that can greatly enhance the working conditions for nurses. The WTP and the probability of selecting various attributes may help policymakers plan more effectively. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
12. Unfree Wage Labour.
- Author
-
Breznik, Maja
- Subjects
- *
LABOR laws , *LABOR contracts , *CONTRACT labor , *INTERMEDIATION (Finance) , *SUBORDINATION agreements (Finance) - Abstract
The article develops the concept of 'unfree wage labour' that refers to a situation in which a worker must (temporarily and conditionally) give away possession of his labour power to a third party who then sells it to the buyers of labour power. From the perspective of contract freedom and legal equality, it seems irrelevant whether a worker sells his or her labour power to an employer or to an intermediary. However, there is no doubt that labour intermediation increases the economic dependence and social subordination of workers. First, given that the intermediary negotiates with the employer, the worker has a lower ability to influence the terms of employment. Second, given that he or she is a contract worker, they have a lower ability to engage in collective action in the company. Undoubtedly, this worker has significantly lower control over her or his working and living conditions. The question arises whether his or her contract freedom lessened to the extent that we can speak of unfree wage labour. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
13. Local Recruits in Development Finance Institutions: Relocating Global North-South Divides in the International Aid Industry.
- Author
-
Sundberg, Molly
- Subjects
- *
GLOBAL North-South divide , *PORTFOLIO managers (Investments) , *OFFICES , *JOB security , *JOB qualifications , *LABOR contracts - Abstract
This text explores locally recruited staff within a growing category of organisations in the international aid industry: Development Finance Institutions (DFIs). DFIs are banks that offer risk capital to development projects in the global South, increasingly using tax-funded aid money. Based on interviews with 13 DFI investment managers, I show how Kenyan DFI staff challenge three of the signature attributes commonly assigned to local development professionals: their 'local' expertise does not contrast with or preclude international expertise, but rather overlaps with it; their formal authority and career ladders are not restricted to technical or support positions – many field offices are headed by local employees; and they rarely face job insecurity given their competitive qualifications and permanent employment contracts. Meanwhile, decisions on investments are rarely taken by these field office staff but by their colleagues at headquarters, and unlike the latter, even those local recruits who head their field offices usually lack a secure place in the global organisation of their DFIs. This suggests that structural inequalities between donor and recipient country staff – integral to the development industry – have not disappeared in DFIs but rather relocated: from within the walls of field offices to the relationship between these offices and headquarters. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
14. Introducing Web in a Telephone Employee Survey: Effects on Nonresponse and Costs.
- Author
-
Mackeben, Jan and Sakshaug, Joseph W
- Subjects
- *
EMPLOYEE attitude surveys , *TELEPHONE surveys , *EVIDENCE gaps , *LABOR contracts , *CONTRACT employment - Abstract
Policy decisions in business and economic fields are often informed by surveys of employees. Many employee surveys use costly interviewer-administered modes to reach this special population. However, certain employee subgroups may be especially hard to reach using these modes. Thus, besides high administration costs, nonresponse bias is a concern. To reduce costs and potential nonresponse bias, some employee surveys have introduced web as part of a sequential mixed-mode design. However, the impact of introducing web on response rates, nonresponse bias, and costs in employee surveys is understudied. The present study addresses this research gap by analyzing a mode design experiment in which employees selected for a national survey in Germany were randomly assigned to a single-mode telephone design or a sequential web-telephone mixed-mode design. The study revealed four main findings. First, introducing the web mode significantly increased the response rate compared to the single-mode design. Second, despite the higher response rate, aggregate nonresponse bias was higher in the mixed-mode design than in the single-mode design. Third, the likelihood of web participation varied across certain employee subgroups, including occupation type and employment contract. Lastly, potential cost savings were evident under the mixed-mode design. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
15. Part-time Employment in Turkish Labour Market.
- Author
-
SERTKAYA, Sevi and ERGEÇ, Etem Hakan
- Subjects
- *
PART-time employment , *LABOR market , *FULL-time employment , *CONCEPTUAL models , *LABOR economics , *EMPLOYEE education - Abstract
The purpose of this paper is twofold: first to provide up-to-date assessment of the characteristics of parttime employees, then to explore the factors that affect the likelihood of working part-time in Türkiye for 2005-2020 period with two probit models. Statistics show that part-timers’ share is steadily increasing, part-timers are getting younger and more educated, most part-timers are women between ages 25 and 55 and married. Results of two probit models show that, education enables employees to be a in full-time employment rather than in part-time employment yet, this effect is not as prominent for women as it is for men. However, for less educated women, part-time employment serves as a bridge between full-time employment and unemployment. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
16. Refugees as Skilled Migrants: Insights from Australia's 2018 Employer-Sponsored Refugee Migration Pilot.
- Author
-
Higgins, Claire, Baker, Sally, Cousins, Stephanie, Wang, Ben Zhe, Cheng, Zhiming, Tani, Massimiliano, and Jack, Victoria
- Subjects
- *
REFUGEES , *EMIGRATION & immigration , *LABOR contracts , *IMMIGRANTS , *CONTRACT employment , *STUDENT passports , *NONPROFIT organizations - Abstract
Many of the more than 27 million refugees in the world today are highly educated professionals, but resolving their displacement via skilled migration pathways is typically not possible. At the request of employers facing severe skill shortages and the coordination of Talent Beyond Boundaries (TBB)–a non-profit organisation–the Australian government introduced in 2018 a pilot program enabling employers to sponsor refugees through an employment contract meeting existing skilled visa requirements. The pilot effectively added immigration places to refugees, as employer-sponsored visa are uncapped in Australia. We highlight some insights collected from TBB's 2018 and subsequent pilots. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
17. The evolution of individual and collective rights in the Chinese workplace.
- Author
-
Zou, Quan
- Subjects
- *
GROUP rights , *LABOR laws , *LABOR contracts , *CONTRACT employment , *CIVIL rights - Abstract
Due to the underdeveloped nature of organized labor, it is possible to view the 'individual' and 'collective' components of labor legislation in China as separate and severable. This article aims to challenge such thinking by arguing that collective labor law and collective bargaining practices in China have profoundly shaped the law of employment contracts and individual employment relations. To this end, analyzing the laws surrounding individual employment contracts should not proceed without considering collective labor law. This article investigates, in the first three decades following the establishment of the People's Republic of China in 1949, the significance of collective rights to the underdevelopment of legal rules of employment rights and the emergence of the socialist social contract. This article also examines, after the economic reform of 1978, the various ways collective bargaining contributed to the transformation from the socialist social contract to the standard contract of employment and from an underdeveloped to a comprehensive framework of employment legislation. Finally, in the post-economic-reform decades, the analysis suggests that collective bargaining encourages the empowerment of trade unions with legislative and administrative efforts and facilitates the incorporation of terms and conditions improvement into individual employment contracts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
18. A relational model for assessing internal communications and organizational bonds: the importance of affective relations and the role of the immediate supervisor.
- Author
-
Pragana Videira, Denise
- Subjects
- *
ORGANIZATIONAL communication , *EXPLORATORY factor analysis , *STRUCTURAL equation modeling , *LABOR contracts , *AFFECT (Psychology) , *INTERNAL auditing - Abstract
Purpose -- To analyze the factors related to the internal communication process that influence the organizational bonds (commitment, entrenchment, and consent) between workers and their employing organizations. Design/methodology/approach -- Qualitative and quantitative research instruments were employed in a sample field consisting of four large organizations in Brazil. Findings emerged from Content Analysis, Exploratory Factor Analysis (EFA) and Structural Equation Modelling (SEM).The qualitative phase involved the participation of 23 respondents. The quantitative phase sample comprised 401 respondents. A scale was developed to assess workers' perceptions of communication processes. Findings -- A relationship between communication processes and organizational bonds was confirmed. Immediate leader communication proved to be a highly significant factor in the internal communication process, as well as affective communication, which directly impacts commitment and acts on engaging communication, which in turn influences commitment. It was observed that the consent bond, through the subordination, directly impacts commitment, albeit in a negative manner. Originality/value -- The study contributes to the field of organizational communication by introducing the IOCS (Internal Organizational Communication Scale) and paves the way to further the still nascent debate on the forms of interaction between organizations and their employees resulting from new management models, labor contracts, as well as organizational value and purposes, stemming from the changes brought about by the Covid-19 heath crisis. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
19. EMPLOYEE NON-COMPETE RESTRAINTS: RESOLVING UNCERTAINTY.
- Author
-
FELL, ANDREW and RUDZ, ELIZABETH
- Subjects
- *
LABOR contracts , *RESTRAINT of trade , *LAW enforcement , *LABOR laws , *INDUSTRIAL relations - Abstract
Employment contracts often restrain the employee from competing with their former employer after their employment ends. These restraints can have a serious impact on employees, as they inhibit their ability to earn a livelihood. According to the restraint of trade doctrine, such restraints are only enforceable if they provide 'reasonable' protection for a legitimate interest of the employer. In this article, we attempt to resolve several continuing legal issues and uncertainties in the enforcement of post-employment non-compete restraints, including the scope of the employer's legitimate interests, the relevance of the employee's interests, the requirements for severing unreasonable restraints, the enforceability of 'cascading' restraints, and others. [ABSTRACT FROM AUTHOR]
- Published
- 2023
20. SHIFTING AND IGNORING THE BALANCE OF POWER: THE HIGH COURT'S NEW RULES FOR DETERMINING EMPLOYMENT STATUS.
- Author
-
STEWART, ANDREW, K. C., MARK IRVING, and BOMBALL, PAULINE
- Subjects
- *
LABOR laws , *OBLIGATIONS (Law) , *INDUSTRIAL relations , *PRODUCTION standards , *LABOR contracts - Abstract
In 2022 the High Court rewrote the rules for determining whether a worker is an employee, favouring a contract-centric approach that confines attention to agreed rights and obligations, not substance or reality. We explain how previous debates and disagreements were resolved, and examine how the new rules are being applied. By ignoring the balance of power in work relations, and the protective purpose of labour laws, the Court has made it much easier to contract out of labour standards. To protect the integrity of those standards, and prevent a growth in arrangements that disguise what is functionally employment as independent contracting, a new statutory definition of employment is needed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
21. Impact of internal migration on the economic well‐being of local workers and school dropouts among children in Vietnam.
- Author
-
Hoang, Trung Xuan, Le, Nga Van Thi, and Nguyen, Thang Chien
- Subjects
- *
INTERNAL migration , *LABOR contracts , *WELL-being , *HIGH school dropouts , *SCHOOL dropouts , *EMPLOYEE vacations , *SOCIAL security , *CONTRACT employment - Abstract
This study examines the impact of migration on local workers and high school dropouts of local students. A conventional approach without addressing the endogeneity issue may lead to biased results. Our endogeneity‐corrected estimates show a positive impact of migration on the monthly wages of local workers. A higher share of migrants increases the probability of local workers with employment contracts, social insurance, and holiday pay. Heterogeneity analysis shows that local workers, no matter their educational level, work experience, or occupation sectors, benefit from the inflow of migrants. Finally, migration inflow lowers the probability of high school dropouts among local students. Our findings resulting from rigorous statistical approaches suggest that internal migration produces positive impacts on the economic well‐being of local residents, refuting the argument about the adverse effects associated with internal migration. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
22. Os académicos precarizados e os outros: construindo uma legitimação sucessiva de um regime excecional.
- Author
-
FERREIRA, ANA
- Subjects
- *
HIGHER education , *LABOR contracts , *DEMOCRACY , *PRECARIOUS employment , *COLLEGE teachers - Abstract
Currently, the higher education and science sector is characterized by a high prevalence of precarious labour contracts. This essay explores how academics in precarious and permanent positions interpret teaching and research activities, as well as the labour conditions under which these activities are developed, to discuss its roots and connections to the consolidation of this sector during the democratic period in Portugal. It reflects on the persisting legitimisation of closure mechanisms to the permanent integration of researchers in the academia that results in the normalisation of precarious labour, currently extending to all academic activities. This dual system fosters internal disparities, contributes to the reproduction of power structures and promotes an environment of exacerbated competition that hinders the fulfilment of the missions of higher education and science organizations. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
23. Teaching at university.
- Author
-
Ambler, Rachel, Huxley, Gervas, and Peacey, Mike W.
- Subjects
- *
TEACHING , *COLLEGE teachers' workload , *LABOR contracts , *COLLEGE teachers , *UNIVERSITIES & colleges , *EDUCATION research - Abstract
Using the rights contained in the Freedom of Information Act, we collected data on the teaching undertaken by staff at 52 UK universities. In contrast to workload modelling, our data reveals the extent of the variation in contact hours by institution, subject, and seniority. We provide for the first time an accurate measure of the teaching undertaken by staff on different contract types. One of our findings is that few universities employ full-time Teaching-only staff. It is some of the most prestigious universities that are leading the way in promoting this specialisation, with important implications for teaching and research. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
24. The Kroomen of the Royal Observatory in Cape Town.
- Subjects
- *
OBSERVATORIES , *CONTRACT employment , *LABOR contracts - Published
- 2024
25. The Archive of Emancipation.
- Author
-
Bunch III, Lonnie G.
- Subjects
- *
AFRICAN American history , *LABOR contracts , *CONTRACT labor , *NATIONAL archives , *ANTISLAVERY movements , *LIBERTY - Abstract
This article explores the author's personal journey of researching the papers of the Freedmen's Bureau at the National Archives. The author shares their emotional reaction upon discovering a labor contract involving their ancestor and her former enslaver, highlighting the significance of these documents in understanding African American history and the challenges faced during the transition from slavery to freedom. The article also provides background information on the establishment and impact of the Freedmen's Bureau, shedding light on the experiences of those seeking to rebuild their lives after slavery. It concludes by acknowledging the obstacles faced during Reconstruction and the rise of Jim Crow, but emphasizes the importance of these documents in uncovering the stories of those often overlooked in conventional historical narratives. The text also discusses the National Museum of African American History and Culture's efforts to provide education and history from an African American perspective, including the digitization and accessibility of bureau documents through the Freedmen's Bureau Project. It emphasizes the importance of embracing an accurate history and acknowledges the fear and resistance that can arise from it. [Extracted from the article]
- Published
- 2023
26. Strategies for Union Victories.
- Author
-
Feeley, Dianne
- Subjects
- *
LABOR unions , *COLLECTIVE bargaining , *LABOR contracts , *COST-of-living adjustments - Published
- 2023
27. Consent in Contracts of Employment.
- Author
-
Niezna, Maayan and Davidov, Guy
- Subjects
- *
LABOR contracts , *LABOR laws , *HUMAN rights , *WAIVER , *DISCHARGE of contracts - Abstract
This article considers the problem of questionable consent in contracts of employment. We suggest that in the context of employment, consent should be understood as a continuum that includes some level of coercion and some level of choice. We show that despite labour law's assumption of inequality of bargaining power, consent is still legally valid in various contexts of employment. We propose some solutions: procedural rules increasing the chance of free and informed consent, and substantive standards restricting recognition of consent due to public policy considerations. The 'menu' we put forward includes some solutions already recognised by law (in some specific contexts) and we also propose some new ones. We then demonstrate how the proposed solutions, both procedural and substantive, can be applied in common contexts where employee consent might be put into question: variation of contractual terms, waiver of access to courts, waiver of legislated rights, waivers related to human rights, and implicit waivers of employee status. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
28. Uncovering a Middle Path in Arbitration.
- Author
-
FISHER, GIDEON and ALBERSTEIN, MICHAL
- Subjects
- *
ARBITRATION & award , *ARBITRATION & award procedure , *CONSENT (Law) , *CONSUMER contracts , *LABOR contracts , *INTERIM relief (Law) - Abstract
We compare two polar approaches to domestic arbitration—the centralized U.S. policy on arbitration, which permits extensive use of arbitration, and Israel’s restrictive policy on arbitration, which is inspired by European policy yet takes an even more cautious approach. Focusing on consumer agreements, employment contracts, class action, and interim relief, we show that comparing the two approaches can help uncover a middle path to arbitration, which may hearken back to the requirement of consent, constructed anew. The article provides a theoretical basis for consent in arbitration as a moderating force that can ground this method of dispute resolution and conserve its benefits. Critics of arbitration have often proposed steps to liken it to adjudication (e.g., in terms of discovery and rules of evidence) to rein in potential imbalances. We suggest a different approach, which prevents its transformation into an institutionalized form of adjudication while reducing the potential for its abuse. [ABSTRACT FROM AUTHOR]
- Published
- 2023
29. The effect of language training on immigrants' integration: Does the duration of training matter?
- Author
-
Pont-Grau, Alex, Lei, Yu-Hsiang, Lim, Joel Z.E., and Xia, Xing
- Subjects
- *
LABOR contracts , *IMMIGRANTS , *CONTRACT employment , *LABOR market , *SOCIAL networks ,DEVELOPED countries - Abstract
Language training programs have become a crucial part of immigrant integration policies in many developed countries. We examine whether the intensity of training, in terms of duration, increases the likelihood of integration, particularly labor market integration. We investigate a government-sponsored language training program for immigrants in France. Using both difference-in-differences (DiD) and matching-DiD, we find that, for employed immigrants, longer duration of training significantly increases their chances of having a formal-sector job and a permanent employment contract. We also find suggestive evidence that more effective conveyance of knowledge on labor market institutions, and greater opportunities to expand one's social network during the program, underlie the benefits of longer training hours. These effects are more pronounced among more educated immigrants, but disappear for refugees. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
30. How does obtaining a permanent employment contract affect the job satisfaction of doctoral graduates inside and outside academia?
- Author
-
Goldan, Lea, Jaksztat, Steffen, and Gross, Christiane
- Subjects
- *
LABOR contracts , *JOB satisfaction , *EMPLOYMENT , *GRADUATES , *REGRESSION analysis , *ACADEMIA - Abstract
Previous research has shown that temporary employment is negatively associated with many psychological and job-related outcomes, such as well-being, health, wages, organisational commitment, and job satisfaction. Among recent doctoral graduates, the proportion of temporary contracts is particularly high. However, research on the association between contract type and job satisfaction specifically among doctoral graduates is scarce. Therefore, whether and how obtaining permanent employment affects doctoral graduates' job satisfaction remains a notable research gap that we intend to narrow by using panel data from a recent doctoral graduation cohort and by adopting a panel research design. We examine what effect obtaining permanent employment has on doctoral graduates' job satisfaction and whether this effect differs by labour market sector. We use panel data that are representative of the 2014 doctoral graduation cohort in Germany and their career trajectories up to five years after graduation. We apply fixed-effects regression to approximate the within-effect of obtaining a permanent employment contract on job satisfaction. The analyses indicate that obtaining permanent employment increases doctoral graduates' job satisfaction and that this increase is not driven by time-varying confounders. We also find that doctoral graduates' labour market sector moderates the effect: the increase in job satisfaction is highest in the academic sector and statistically significantly different from that in the private sector. Overall, this paper offers new insights into the effect of obtaining a permanent contract on the job satisfaction of recent doctoral graduates throughout their first years after graduation, when they are often employed on temporary contracts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
31. EMPLOYER TUITION ASSISTANCE: CURRENT APPROACHES AND THE APPLICATION OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING.
- Author
-
Ti Krieger, Jordan
- Subjects
- *
TUITION reimbursement (Employee fringe benefits) , *GOOD faith (Law) , *HIGHER education , *CONTINUING education , *LABOR incentives , *EMPLOYEE benefits , *LABOR contracts - Abstract
American corporations are increasingly expanding tuition reimbursement programs, potentially improving access to higher education for American workers. Yet, despite their increasing availability, only 2% of employees, as a percentage of those interested in pursuing further education, are utilizing these reimbursement programs. For those employees who do make use of these reimbursement programs, they may face unexpected challenges to accessing judicial remedies if a dispute arises. This Note takes an interdisciplinary approach to first explore employee risks and employer incentives under tuition reimbursement programs. On the employee side, a worker risks premature termination by expressing an interest in tuition reimbursement because her request could be seen as an intent to leave her current role. Moreover, an employee incurs a risk of frustrated expectations if she first pays, or takes on debt to pay, for tuition and the company terminates her prior to reimbursement. On the other hand, an employer's immediate profit incentives may not align with employee use of these programs, as employers may reasonably expect increased labor costs and reduced employee focus on her work. With this theoretical background, this Note then investigates how current judicial doctrines apply to the adjudication of tuition reimbursement disputes. Given the strong presumption of employment relationships being at will, traditional contract and promissory estoppel doctrines are insufficient in resolving tuition reimbursement claims. Moreover, various federal and state statutes pertaining to antidiscrimination and employee benefits are equally insufficient for these purposes. In light of these shortcomings, this Note advocates for the extension of the implied covenant of good faith and fair dealing into employment relationships when an employer offers a tuition reimbursement program. This would create parity in judicial treatment between commercial and employment contracts and privilege the objective expectations of both the employee and employer. Finally, this Note provides policy considerations as to why standardization of the implied covenant of good faith and fair dealing is preferable as a normative matter. [ABSTRACT FROM AUTHOR]
- Published
- 2023
32. Türk Borçlar Kanunu’na Göre İşverenin İşi Kabulden Kaçınması.
- Author
-
YILMAZ TEKİN, İmge Hazal
- Subjects
- *
JOB performance , *LABOR contracts , *CONTRACT employment , *WAGES , *DEFAULT (Finance) - Abstract
The basic obligations of the parties in an employment contract, namely performance of work and wage, are interrelated and are in an exchange. As a rule, the employee is entitled to wages in return for his/her work. However, in some exceptional case, it is possible for the employee to obtain his/her wage despite not fulfilling his/her performance of labor. The default of the employer regulated in Art. 408 of Turkish Code of Obligations No. 6098 (TCO) is one of these exceptional cases. While the employer defaults in accepting the performance of the employee, the employee may later receive his/her wages without the need for compensation for the performance of the work. In this study, the default of the employer regulated in Art. 408 of TCO is evaluated. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
33. Precarity: How Did The Pandemic Reshape The EmploymentLandscape?
- Author
-
Hosking, Oliver and Yanez Luque, Marina
- Subjects
- *
PRECARITY , *JOB security , *LABOR contracts , *PANDEMICS , *SOCIAL stratification , *COVID-19 - Abstract
This article explores the impact of the COVID-19 pandemic on job insecurity and the pre-existing challenges of job precarity. It discusses how the pandemic intensified vulnerabilities in the workforce and affected different segments of workers. Essential frontline workers faced increased risks and social stratification, while non-traditional precarious workers in the service sector dealt with weak employment contracts and unpredictability. Even high-skilled professionals experienced precarity due to layoffs and lower wages. The article also highlights the mental health implications of job precarity and calls for a re-evaluation of the relationship between workers and work. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
34. Pro-Worker, Not Pro-Union.
- Author
-
DIETERLE, C. JARRETT
- Subjects
- *
SENIOR leadership teams , *WORKING hours , *UNITED States presidential election, 2024 , *LABOR contracts , *INCOME - Abstract
The article discusses the need for a pro-worker labor policy that is neither pro-union nor pro-business, but rather pro-flexibility. It highlights the importance of workplace flexibility to workers in today's economy, with many workers valuing flexibility more than salary or benefits. The article argues that the Republican Party should embrace a labor-policy agenda that protects independent contractors and gig workers, while also providing them with flexible benefit options. It also suggests rethinking noncompete agreements and addressing scheduling predictability to better meet the changing priorities of workers. [Extracted from the article]
- Published
- 2024
35. Remembering African labor migration to the Second World: Socialist mobilities between Angola, Mozambique, and East Germany: by Marcia Schenck, Springer, 2022, xxvii + 377, $49.99 (softcover), ISBN 9783031067785.
- Author
-
Telepneva, Natalia
- Subjects
- *
LABOR mobility , *CHALLENGED books , *LABOR contracts , *SOCIALISM ,DEVELOPING countries - Abstract
"Remembering African labor migration to the Second World: Socialist mobilities between Angola, Mozambique, and East Germany" by Marcia Schenck is a book that explores the personal stories of approximately 21,000 Mozambican and 2,500 Angolan workers who traveled to East Germany in the 1980s. The book examines the labor contracts negotiated between the African countries and East Germany, which aimed to address labor shortages in East Germany and support the industrialization efforts in Angola and Mozambique. Through interviews with the workers, Schenck reconstructs the complex narratives of their experiences, highlighting the dualities they faced as both producers and consumers in East Germany. The book challenges common assumptions about state socialism and offers a unique perspective on migration and globalization from the Global South. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
36. The Strikers of Coachella: A Rank-and-File History of the UFW Movement by Christian O. Paiz (review).
- Author
-
Orr, Terrell
- Subjects
- *
POLITICAL persecution , *LABOR contracts , *MEXICAN Americans , *MOVEMENT education , *RACISM , *SOCIAL movements , *ORAL history - Abstract
Paiz's I The Strikers of Coachella i is a rank-and-file history of the farmworker movement in the Coachella Valley. Despite the 1973 strike pressing the resources and patience of members, Paiz found that fully half of the Coachella Valley's farmworkers participated. In I The Strikers of Coachella i , Paiz returns to his home county to recover the "freedom dreams" and "utopian futures" of those who worked and struggled to remake the Valley and to understand why, ultimately, their visions went unrealized (255, 265). [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
37. Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia.
- Author
-
Gray, Anthony Davidson
- Subjects
- *
CONTRACT theory , *LABOR contracts , *LABOR laws , *LIBERTY of contract , *COMMON law , *JURISDICTION - Abstract
This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties' contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties' relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
38. إدارة الدين العام يف اململكة العربية السعودية عرب التوسع يف )ً استخدام األدوات اإلسالمية )السلم واالستصناع منوذج.
- Author
-
طالل منصور مسعف ا
- Subjects
- *
PUBLIC debts , *DEBT service , *BUDGET deficits , *LABOR contracts , *ISLAMIC bonds , *JOB involvement - Abstract
The research aims to demonstrate the Islamic investment formulas in managing public debt in the Kingdom of Saudi Arabia and their importance through the issuance of Islamic instruments in the forms of Salam and Istisna'a as models for these tools. The research concluded with results, the most important of which are: The government’s strategy for managing public debt proved that it resorted to public debt in order to bridge the budget deficit, and one of the most prominent results is also the positive impact of issuing sukuk on the decrease in the debt service rate (interests), and the research recommended a number of recommendations, including: Expanding the circle of employment formulas Contracts of Islamic transactions in the issuance of sukuk, and the necessity of providing a financial institutional structure that supports the sukuk issuance project. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
39. Formalising and Informalising Labour in Vietnam.
- Author
-
Buckley, Joe
- Subjects
- *
LABOR contracts , *WORKING class , *FOOTWEAR industry , *LABOR supply , *JOB security , *SKILLED labor , *LABOR market , *WORKFORCE planning - Abstract
Scholarship on labour informalisation in Vietnam pulls in two different directions. One set of policy-focused literature suggests that there is an increasing formalisation of labour. Literature of critical labour studies and cognate disciplines, however, suggests the opposite; an increasing informalisation of labour as workers must accept less security of employment and income. This article argues that these two trends are both true, and that there has been a simultaneous expansion and informalisation of formal labour. It introduces the concept of the informalising-formalising labour regime. The formalising element of the informalising-formalising labour regime means that increasing numbers of people have been brought into the formal economy, as salaried workers with contracts. Concurrently, work within the formal economy has become increasingly informal. Such workers may enjoy some legal benefits or entitlements, but in comparison to previously existing formal urban jobs this work is much less secure. Viewing informalisation as a form of class struggle from above, the article argues that employers in the garment and footwear industry use many techniques to informalise work. It outlines the informalising-formalising labour regime, focusing on various concrete techniques used by capital to fragment working class power. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
40. Admiralty.
- Author
-
Kavanagh Jr., John P.
- Subjects
- *
LEGAL status of sailors , *LIMITED liability , *MARITIME law , *LABOR contracts - Published
- 2023
41. STRENGTHENING THE PROHIBITION OF FORCED OR INDENTURED CHILD LABOR IN GOVERNMENT CONTRACTS: A CRITICAL ANALYSIS OF FAR SUBPART 22.15.
- Author
-
Amanze, Miriam and Eyo, Ama
- Subjects
- *
LABOR contracts , *CHILD labor , *CONTRACT labor , *PUBLIC contracts , *LABOR laws - Published
- 2023
42. Leashed: How Veterinarian Noncompetes Accelerated Industry Consolidation.
- Author
-
WILKE, LOGAN
- Subjects
- *
VETERINARY services , *VETERINARY colleges , *LABOR contracts , *VETERINARIANS , *VETERINARY medicine - Abstract
The veterinary services industry, once characterized by locally-owned general care providers, has been rapidly consolidating into one dominated by multinational conglomerates. These corporate consolidators leverage their size and capital both to fund acquisitions and to attract debt-laden veterinary school graduates with above-market starting salaries. Whether they join a corporate practice through entry-level hiring or an acquisition, veterinarians typically become bound by employment contracts containing restrictive noncompete provisions. Regardless of their specific terms, legal enforceability, or actual enforcement, these noncompetes appear to keep young associates from leaving to competitors until later than they otherwise would have. These provisions serve to withhold scarce labor from competitors, which has increased pressure on independent veterinarians to sell their practices and accelerated consolidation. In detailing the effects of veterinary consolidators' use of noncompetes, this Note lends support to a broad federal rule prohibiting these provisions without an exception based on income or job function. A rule eliminating all veterinarian noncompetes except those covering practice owners or those used in the sale of a practice can best foster more equitable and sustainably competitive growth in the veterinary services industry. [ABSTRACT FROM AUTHOR]
- Published
- 2023
43. Temporary work contracts and female labor market outcomes.
- Author
-
Asai, Yukiko and Koustas, Dmitri K.
- Subjects
- *
CONTRACTS for work & labor , *TEMPORARY employment , *LABOR market , *LABOR contracts , *CONTRACT employment , *FLIGHT attendants , *TEMPORARY employees - Abstract
How does initial placement in a temporary work contract affect workers' subsequent labor market outcomes? We study a unique set of natural experiments: In the mid-1990s, the Japanese airline industry implemented a new hiring policy using temporary employment contracts. The policy was later reversed in the mid-2010s. Examining the universe of employment records from one of Japan's major airlines as well as government surveys to compare outcomes for cohorts of flight attendants hired just before to those hired just after these changes in industry policy, we find that workers starting on temporary contracts were less likely to remain with the firm over time and are less likely to have children within 10 years after starting the job. These findings do not appear to be the result of selection on observables. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
44. Mental illness rates among employees with fixed-term versus permanent employment contracts: a Danish cohort study.
- Author
-
Hannerz, Harald, Burr, Hermann, Nielsen, Martin Lindhardt, Garde, Anne Helene, and Flyvholm, Mari-Ann
- Subjects
- *
LABOR contracts , *PSYCHIATRIC hospital care , *CONTRACT employment , *EMPLOYEE reviews , *EMPLOYMENT statistics , *PSYCHIATRIC hospitals , *JOB stress , *MENTAL health facilities , *DRUG utilization - Abstract
Purpose: It has been hypothesized that employment in a fixed-term instead of permanent contract position is associated with an increased risk of development of mental health problems. The present study aimed at estimating rate ratios between fixed-term and permanent employees in the Danish labor force, for use of psychotropic drugs and psychiatric hospital treatment due to mood, anxiety or stress-related disorders, respectively. Methods: Employment data were drawn from the Danish Labor Force Survey of 2001–2013, which is a part of the European Labor Force Survey. Full-time employed survey participants without mental illness at the baseline interview (N = 106,501) were followed in national health registers for up to 5 years. Poisson regressions were used to estimate rate ratios for redeemed prescriptions of psychotropic drugs and psychiatric hospital treatments due to mood, anxiety or stress-related disease. The analyses were controlled for age, gender, industrial sector, nighttime work, level of education, calendar year, disposable family income and social transfer payments within 1 year prior to the baseline interview. Results: The rate ratio for hospital diagnosed mood, anxiety or stress-related disorders among employees with fixed-term vs. permanent employment contracts was estimated at 1.39 (99.5% CI 1.04–1.86), while the corresponding rate ratio for redeemed prescriptions of psychotropic drugs was estimated at 1.12 (99.5% CI 1.01–1.24). Conclusion: The present study supports the hypothesis that employment in a fixed-term rather than permanent contract position is associated with an increased risk of developing mental health problems. International registered report identifier (IRRID): DERR2-10.2196/24392. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
45. Reacting to Perceived Overqualification: Uniting Strain-Based and Self-Regulatory Adjustment Reactions and the Moderating Role of Formal Work Arrangements.
- Author
-
Debus, Maike E., Körner, Barbara, Wang, Mo, and Kleinmann, Martin
- Subjects
- *
PERSON-environment fit , *EMPLOYMENT tenure , *JOB performance , *TEMPORARY employment , *ORGANIZATIONAL citizenship behavior , *CONTRACT employment , *LABOR contracts - Abstract
Thus far, research on perceived overqualification has focused on either maladaptive, strain-based versus more adaptive, self-regulatory reactions in isolation. Following person-environment fit theory, we seek to advance this one-sided focus by uniting both types of adjustment reactions and to consider their implications for perceived person-job fit, and performance and wellbeing outcomes. In line with theory, we also examine contextual boundary conditions in the form of indicators of formal work arrangements (i.e., permanent vs. temporary employment contract and job tenure). Utilizing three-wave data from 453 employees, we found that perceived overqualification indirectly and sequentially related to decreases in task performance, organizational citizenship behavior and job satisfaction via anger toward employment situation and lower levels of perceived person-job fit—thus reflecting the strain-based pathway. For the self-regulatory pathway, findings did not align with our initial proposition that the positive relationship between perceived overqualification and work organization (a form of structural job crafting whereby employees improve their work processes) would be weaker among temporary employees and those with longer tenure. Instead, having a temporary employment contract or having longer job tenure resulted in a negative relationship between perceived overqualification and work organization, which further contributed to a decrease in performance and satisfaction via lower levels of perceived person-job fit. Our study highlights the demotivating role of a temporary employment contract and long job tenure for overqualified employees to reorganize their work. In discussing our findings, we point to the importance of job stage and develop recommendations for managing overqualified employees. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
46. SHORTENED LIMITATION PERIODS IN EMPLOYMENT CONTRACTS: A "REASONABLE" SUGGESTION.
- Author
-
Thompson, Andrew
- Subjects
- *
LABOR contracts , *POLICE , *ACTIONS & defenses (Law) , *DISCRIMINATION (Sociology) , *UNIVERSITY hospitals - Abstract
The article discusses the use of shortened limitation periods in employment contracts and their impact on employees. It uses the case of Amanda Fayak, a police officer who faced discrimination and harassment at University Hospitals, to illustrate the consequences of such contractual provisions. It explores the judicial approach to contractual limitation periods, emphasizing the concept of reasonableness.
- Published
- 2023
47. Arbitration of Seamen's (Personal Injury) Claims.
- Author
-
Force, Robert
- Subjects
- *
LEGAL status of sailors , *MARITIME law , *COMMERCIAL arbitration agreements , *LABOR contracts ,UNITED States Arbitration Act - Published
- 2023
48. THE EXISTENCE OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION INSTITUTIONS AT THE CLOSE OF THE COMPANY (LOCK OUT).
- Author
-
Pamungkas, Yogo, Yurikosari, Andari, and Amriyati
- Subjects
- *
LABOR disputes , *INDUSTRIAL relations , *DISPUTE resolution , *MEDIATION , *ARBITRATORS , *LABOR courts , *LABOR contracts - Abstract
The process of resolving industrial relations disputes in Indonesia can basically be carried out through bipartite followed by mediation or conciliation or arbitration and carried out with industrial relations courts. This normative settlement providesaway out with an orderly state. Industrial relations can arise due to several related matters such as: employment agreements, positive laws and differences in interests. The focus of the problem is whether the definition of the concept of industrial relations conflict has been clearly defined? Has the resolution of industrial relations conflicts been achieved? Is the purpose of closing the company achieved according to its legal objectives? Is the closure of the company to resolve industrial relations conflicts achieved? What limitations are there in court decisions in examining and resolving industrial relations disputes before or after the closure of a company? This study uses the systematic study method of verdict.The results showed that the closure of the company was not effective in resolving industrial relations conflicts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
49. Play On? An Evaluation of FIFA's Legal Regime and Its Foundation in Alternative Dispute Resolution.
- Author
-
Sanders, Blaine
- Subjects
- *
CONTRACTS , *SPORTS spectators , *CONTRACT labor , *LABOR contracts , *DISPUTE resolution , *LABOR laws - Abstract
Few associate the Fédération Internationale de Football Association, or FIFA, with its legal regime. Rather, and understandably so, sports fans and commentators tend to focus on World Cups, corruption, or even the FIFA video game. Yet, FIFA's role in the sport of soccer extends well beyond what receives the most commercial attention. FIFA shoulders the burden of regulating soccer's member associations, national teams, clubs, players, and countless other personnel through its FIFA Statutes. This is a considerable undertaking, which FIFA achieves through its comprehensive system of alternative dispute resolution. Soccer is now a global business, largely due to the economic might of the transfer market. This marketplace is the forum where clubs swap players and money in sometimes-complicated transnational business transactions. FIFA's internal institutions and the Court of Arbitration for Sport serve to resolve legal disputes resulting from dealings in the transfer market. FIFA's legal regime mostly functions as intended, though it is also subject to criticism as it supplants domestic court systems and their jurisdiction over potential contract and labor law disputes. This Note maintains that FIFA's legal regime should continue to exist in its current structure, but also argues that moderate reforms would improve the efficacy and legitimacy of its institutions and relationship with the Court of Arbitration for Sport. More specifically, this Note proposes the adoption of a Players' Bill of Rights and two amendments to the FIFA Statutes concerning arbitration. Not only would such reforms strengthen the stature of FIFA's legal regime, but they would also better inform soccer-related actors of their rights and obligations under FIFA's governance. While FIFA rightly prides itself on the success of its legal regime, there is room to improve. This Note's proposals do not constitute an overhaul, but rather an acknowledgement that FIFA must continue to adapt as soccer flourishes in terms of popularity and wealth. [ABSTRACT FROM AUTHOR]
- Published
- 2023
50. POGREŠNA KVALIFIKACIJA UGOVORNOG ODNOSA: JEDAN OD BROJNIH IZVORA NESIGURNOSTI RADA U INDUSTRIJI VIDEOIGARA.
- Author
-
Kotulovski, Karla
- Subjects
- *
VIDEO game industry , *LABOR contracts , *LABOR laws , *INDUSTRIAL relations , *CONTRACT employment - Abstract
Working in the video game industry is associated with many uncertainties, since the legal position of the worker depends on whether the work is performed on the basis of a civil law contract (self-employment) or employment contract (employment relationship). Considering that labour law imposes numerous legal obligations on an employer to protect the worker as the weaker contractual party (due to subordinate position and economic dependence of the worker in relation to the employer), an employer often deliberately practices fraudulent (unlawful) contracting of work. The article draws upon an in-depth analysis of this creative economy sector. The author critically deals with identified weaknesses and risks of precariousness that workers are exposed to and offers possible alternatives for consideration without examining the effectiveness of legal solutions of individual EU member states, but leaning towards the example of good practice on the Croatian videogame market. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.