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PurposeThe purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship.Design/methodology/approachThis study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace.FindingsRemote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements.Originality/valueThe paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.

Purpose Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which had been in force for many years, had entitled employees to demand reinstatement or make a claim for fair financial compensation equal to the damages sustained. The recent amendments eliminated the right of a dismissed employee to seek reinstatement and also revised the rules relating to monetary compensation. The purpose of this paper is to critically analyse and evaluate the new approach, which has been criticized heavily. In addition, it suggests feasible alternative ways to handle unfair employee dismissal, which can be incorporated into the current Saudi Labour Law. Design/methodology/approach This paper presents an analysis of the existing approach to dealing with unfair employee termination in the Saudi Labour Law. It is based mainly on information collected from various legal materials, such as books, review of judgments issued by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relevant Islamic rules. Findings The results of this examination clearly show that there are several flaws in the current approach to dealing with the issue of unfair dismissal of employees. To correct this situation, workable approaches have been suggested for possible consideration and incorporation into the Saudi Labour Law. Originality/value To the author’s knowledge, this is the first academic study to analyse the current approach to handling unfair employee dismissal in the Saudi Labour Law.

PurposeThis study aims to decrypt the efforts made by Chinese people's courts nationwide to protect the rights of Chinese posted workers in the Belt & Road (B&R) countries by investigating labour litigation cases with an extraterritorial application of Chinese labour law (under the “doctrine of overriding mandatory labour rules”).Design/methodology/approachThis study collected all labour litigation from 2014 to 2018 brought forward by Chinese posted workers in Chinese courts against Chinese enterprises regarding the performance of employment contracts in the B&R countries where Chinese labour laws were mandatorily applied under the doctrine of overriding mandatory labour rules. The study adopted a qualitive research approach to analyse the compiled cases to explore their characteristics and effects.FindingsThis study found that the volume of labour disputes in the B&R countries had a somewhat positive correlation to the amount of investment from China. However, this correlation was rather superficial when compared with the correlation to the type of industrial sector (e.g. the construction sector) and to the claim category (e.g. remuneration claims). Moreover, labour disputes in both the B&R countries and China shared a great deal of similarity with regard to their concentration in certain sectors and in certain types of claims. Therefore, mandatorily applying Chinese labour law could be convenient for Chinese workers returning from abroad who seek remedies and could allow Chinese judges to issue affirmative decisions regardless of the territory in which the worker was posted.Research limitations/implicationsThe cases collected by this study were limited to those filed in China by Chinese workers who were hired by Chinese enterprises and sent to work in the B&R countries and did not include those filed in the B&R countries by Chinese posted workers. Future research should therefore attempt to gather a broader range of labour disputes to further clarify the issues and need for labour protection for Chinese posted workers in the B&R countries.Practical implicationsThis study argues that the doctrine of overriding mandatory labour rules is not entirely unproblematic because it might arbitrarily rule out the standards set by foreign labour legislation that could be more favourable to workers or offer them greater protection. Therefore, giving judges a certain degree of discretion is imperative to allow them to apply foreign labour standards when they have been proven to benefit workers.Originality/valueApart from a handful of reports on individual cases, there have been very few empirical studies regarding the general picture of labour protection for Chinese posted workers in the B&R countries. This study has adopted a novel approach to collect information on labour disputes in the B&R countries and to facilitate a qualitative analysis to test the practical implications of the doctrine of overriding mandatory labour rules.

Purpose Against the background of the biggest arts festival in the world, there have been some shocking findings recently about the treatment of performers and other workers at the Fringe. The purpose of this paper is to consider the type of treatment a significant number of Fringe workers experience and how it might be dealt with under the law. The mistreatment of workers includes being: required to work excessively long hours, paid low wages or no wages, subject to sexual or street harassment, lookism, ageism or deprivation of other employment rights. What is unusual about Fringe workers is they normally only work for a short time (often a maximum of two months). Also, in respect of performers and other theatre workers, they might be inclined to work on a voluntary, unpaid basis to gain the necessary experience to kickstart their careers. Employers will often be theatrical promoters in charge of productions at a number of venues. This paper highlights the issues surrounding working at the Fringe and identifies the employment law issues for its workers. This involves identifying likely breaches of legislation under the civil law and contract law by employers. Also, the consideration of how the criminal law could apply to the treatment of workers is undertaken. Finally, it involves an analysis of how the rights of Fringe workers could be better protected. The findings and recommendations in this paper will have application to any situation where someone is employed as a volunteer or worker in an artistic setting on a short-term basis. Design/methodology/approach This paper is a review of sources drawn from articles in law journals, newspapers, etc. Findings The findings of this paper suggest that there is a need for reform of the law. Research limitations/implications This paper focuses on improving the rights of Fringe workers who have a history of being neglected or abused. Practical implications This paper ensures improved rights for Fringe workers. Social implications This paper analyses issues that are relevant for all workers in the arts at festivals, etc., throughout the UK. Originality/value This paper is extremely original.

PurposeThe purpose of this paper is to empirically investigate the impact of economic policy uncertainty on firms' labor investment decision, which includes labor investment level and efficiency, especially human capital allocation.Design/methodology/approachThis paper uses Economic Policy Uncertainty Index for China and Chinese A-share listed firms in the period 2002–2016 to constructs a sample of 20,779 firm-year observations and applies the methods of pooled OLS regressions to do an empirical study.FindingsThis paper finds that firms' labor investment is negatively correlated with economic policy uncertainty. And firms' labor investment efficiency (and overinvestment in labor) is positively (negatively) correlated with economic policy uncertainty, which is more significant for non-SOEs and firms with less government intervention. Further, the positive relation between economic policy uncertainty and labor investment efficiency is more significant for labor-intensive firms, firms in competitive industry, firms in developed labor market and firms under strong labor law protection. In addition, economic policy uncertainty induces firms to make adjustment on human capital structure and allocate more employees with high human capital, which eventually helps firms achieve higher total factor productivity.Social implicationsThe study of this paper indicates that the government needs to consider economic policies' impact on firms when introducing and changing policies and guide firms to improve human capital allocation under different internal and external conditions to finally realize the optimal allocation of social resources.Originality/valueThis paper studies the influence of external economic policy environment on firms' labor investment decision, which lacks adequate attention in the literature and indicates that under economic policy uncertainty, firms actively decrease labor demand and increase labor investment efficiency by optimizing human capital allocation.

Purpose The purpose of this paper is to assess different issues for promoting job satisfaction as well as improvement of work efficiency in the shrimp industry of Bangladesh. Design/methodology/approach The random sampling (RS) technique has been used for collecting data. A total of 132 data has been collected through a structured questionnaire from shrimp industry’s worker, working in different shrimp cultivating industry of three specific cultivating areas of the Southwestern part in Bangladesh such as Khulna, Satkhira and Bagerhat. The survey was conducted between June 2017 and July 2017. Findings This study shows that eight factors significantly influence job satisfaction among the shrimp workers in Bangladesh. Among these factors, four are relating to non-pecuniary issues such as workers’ appointment by appointment letter, job security, weekly holiday and safety of health and skin, and remaining four factors are relating to pecuniary issues such as legitimate payment for overtime, compensation, yearly increment and salary. Originality/value This study helps in assessing the opinion of the workers’ job satisfaction as well as policy planning for the development of the shrimp industry’s worker labour management.

PurposeThe purpose of this paper is to argue that the myriad social forces in El Salvador make it difficult for LGBTQ+ to publicly declare their sexual orientation or name their perpetrators and hence to use the #MeToo hashtag as a leadership strategy of their movement.Design/methodology/approachA qualitative research design was used that included interviews and focus group discussions with LGBTQ+ leaders of organizations and government officials. A descriptive/interpretive approach was used to understand their experiences of being LGBTQ+, leadership approach to gain their rights and knowledge of #MeToo.FindingsAlthough the movement has contributed to the public dialog about sexual misconduct, it has not had an impact on the “coming out” of LGBTQ+ on Twitter, public exposure of offenders, improved treatment of LGBTQ+ or significant changes in employment law for LGBTQ+ Salvadorans. Rather than the celebrity-led #MeToo movement, a continuation of the more grassroots approach that Salvadoran LGBTIQ+ leaders use may more successfully achieve their protection and rights.Research limitations/implicationsFurther research should be completed regarding the impact of leadership on changing the social imaginary and the leadership approach most appropriate for this impact.Social implicationsThe study provides a case to further explore the leadership's role in changing the social imaginary.Originality/valueTo the best of the authors’ knowledge, this paper is the first to illustrate that #MeToo cannot be successful in all cultural contexts or with all LGBTQ+ communities and that grassroots approaches may be more appropriate in countries such as El Salvador.

PurposeThe purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs.Design/methodology/approachInitially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB.FindingsThe interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs.Research limitations/implicationsThis research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise.Practical implicationsThe study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory.Social implicationsWomen working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market.Originality/valueThere is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.

Purpose The purpose of this paper is to examine the actual legal effect of collective agreements by focusing on the litigation regarding the implementation of collective agreements in China where current literature on the topic is scarce. Design/methodology/approach This paper deploys both quantitative and qualitative methods to investigate the features of litigation regarding collective agreements. The judgments on collective agreement by people’s courts nationwide from 1 January 2014 to 31 December 2018 provide the primary empirical data. The intrinsic features of collective agreement disputes are investigated to delineate different sorts of theoretically presumed legal effect, namely contractual, normative and other (if any). A number of collective agreement templates and texts have been gathered and analysed to further explore the factors leading to collective agreement disputes. A dozen of labour law professionals, workers, scholars and trade union officials, were interviewed to verify the findings. Findings The number of collective agreement disputes is relatively small compared to the number of valid collective agreements or the volume of other labour disputes. This study found no litigation initiated by trade unions to claim a remedy against a violation of a collective agreement by an employer. However, a growing number of cases were filed by individual workers to complain about the terms and conditions of their individual employment agreements in contradiction to the existing collective agreement. These data do not mean that collective agreements lack problems or have no significance in action. A novel effect – a “substitution effect” – is evident in the existing labour litigations and relatively popular amongst employers, as they often refer to the collective agreement when a written individual agreement, as the mandatory document, is absent. The advent of substitution effect reflects a pragmatic view amongst Chinese labour law professionals, employers and workers. Research limitations/implications Due to the recent establishment of the online judgments database, this study has focused on collective agreement litigation in people’s courts from 2014 to 2018, which is representative of the national trend of such disputes and thus provides valuable insights. Future studies should cover a wider time span and extend to the collective agreement disputes subject to labour arbitration to provide a fuller picture of the challenges and potential solutions. Practical implications By understanding the legal effect of collective agreements in reality, the legislature, workers and employers can act accordingly to enhance or empower it. The insignificant volume of both contractual and normative claims on collective agreements indicates the pressing need to inject something concrete into both substantive rights and the implementation mechanisms of collective agreements. The existence of substitution claims illustrates the room for further implementation of written individual agreements to reduce the need to borrow from collective agreements to fill the void left by the absence of individual agreements. Originality/value This study uniquely evaluates collective agreement disputes in China to seek their true legal effect, finding the substitution effect of collective agreements that was absent from the prior literature. The features of collective agreements are reflected in this work, together with public policy and theoretical implications.

PurposeThe purpose of this paper is to investigate how resort managers respond to employment legislation (Law No. 02/2008).Design/methodology/approachThe qualitative case study data from seven self-contained tourist resorts in the Maldives were used to investigate the managerial responses to employment legislation.FindingsResort managers’ responses ranged from passive compliance to active resistance, with decoupling through opportunism as the dominant strategy used to circumvent the legislation. Some human resource management (HRM) practices emerged from resort managers’ interactions with external stakeholders and employees. Strategic responses and HRM practices were driven by a search for legitimacy or efficiency and sometimes both. The findings show that there are differences between strategic responses and HRM practices by organisational subfield, local resorts and international hotel chains. The resorts’ market orientation also influenced resort managers’ responses and HRM practices.Research limitations/implicationsThe findings of this paper have limitations because it was limited to a single industry/sector and to a particular piece of legislation. However, it demonstrates the complexity of the relationship between institutional context and HRM.Originality/valueThis paper shows that responding to employment legislation entails a high level of interplay between the institutional environment and HR actors, and between stakeholders (e.g. employees) and HR actors. It demonstrates the difficulty of reconciling institutional requirements with the preferences of different stakeholders and organisational interests. HR actors actively make sense of institutional requirements and modify HRM practices to accommodate stakeholders’ varying perspectives and preferences. This suggests that in countries such as the Maldives, uneven institutional coverage (e.g. incomplete employment legislation) allows room for organisations to innovate – for better or worse.

Purpose The purpose of this paper is to explore why the stagnant version of amateurism that is being used by the National Collegiate Athletic Association (NCAA) and its member institutions to limit student–athlete compensation is creating labor law and antitrust violations, and ultimately contributing to a black market in college athletics. Design/methodology/approach The qualitative portion of the examination uses a review of historic and recent cases regarding labor law and antitrust violations and applies them to the college athletic industry. Furthermore, the quantitative portion creates a scaled revenue sharing calculation utilizing financial reports from university athletic departments and corresponding professional revenue-sharing agreements to discern an approximate value of a student–athlete’s participation. Findings The authors find that the current structure of the NCAA and regulatory framework perpetuate injustice for those who lack a voice in the system. Furthermore, the research shows a wage disparity of millions of dollars creating a lack of free market and black-market tensions to reach free market equilibrium. Social implications This research creates reasoning to restructure the NCAA system to adjust for modern commercialization and profits of the industry. Originality/value This paper highlights the legal and regulatory abuses by the NCAA, and demonstrates how the compensation gap created by these legal violations is creating a strain on free market flow ultimately leading to a black-market effect in the industry.

Purpose The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws. Design/methodology/approach This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People’s Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes. Findings Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws’ enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China’s juridification process of developing its own rule of Labour Law. Research limitations/implications This study is purposely limited to examining remuneration litigation in Beijing’s courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions. Practical implications By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism. Originality/value This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China’s rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.

PurposeThe purpose of this paper is to illustrate and problematize how the expansion of project and temporary work challenges the traditional industrial work organization and its internal and supportive institutions. It highlights the transformation dilemma, which occurs when traditional industrial institutions are confronted by project organizations. It also discusses how one may prepare to meet these challenges.Design/methodology/approachThe long-run incremental changes in organizational structures of the economy are described in an economic historical context, focusing on the organizational form of work and the employment regimes. Challenges, at the societal, organizational and individual levels, related to the “projectification” process are illustrated in considering the case of Sweden.FindingsProject dense industries, like media, entertainment and consultancy, are growing faster than the rest of the economy. The share of project work in permanent organizations is increasing. More than a third of all working hours in industrialized countries, like Germany, was labeled as project work in 2013. This transformation challenges basic conditions for how work is designed and regulated, like the stipulated and uniform work time or the permanent and stable work place. Central institutions of today, like the labor law and the educational system, are challenged.Social implications“Projectification” challenges traditional conditions of work and work life institutions and organizations, like the social partners, the educational and law systems.Originality/valueThe paper brings together and problematizes several aspects of “projectification” of work life. It highlights what kind of challenges work and work-related institutions meet and discusses how to handle some of them, like education.

Purpose The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular, the study focusses on organisational practices and outcomes relating to the monitoring and surveillance of employees. Drawing on relevant UK legislation and illustrative case law examples, the study demonstrates the challenges and legal implications associated with tele-homeworking. Design/methodology/approach This study is based on a review of the literature and an examination of the EU and UK laws applicable to various employer and employee concerns that stem from tele-homeworking. Findings Tele-homeworking can be advantageous to both employers and employees, however, there are a number of growing concerns surrounding the monitoring of such workers. Developing technologies can act as a catalyst for legal disputes and the advances in workforce monitoring and surveillance reveal the complex challenges faced by both employers and employees. The indiscriminate monitoring of staff can result in claims of violations to the privacy rights of workers, breach of contract and discrimination claims. Several policy implications associated with monitoring tele-homeworkers surface from the analysis, including the need to ensure that any proposed surveillance is legitimate, proportionate and transparent. Originality/value The paper is beneficial in providing legal insights into the topical and continuing complexities associated with the monitoring of tele-homeworkers. The exogenous shock of COVID-19 has demanded the reorganisation of work. The extensive and developing capabilities that employers have at their disposal to engage in employee monitoring, give rise to a greater possibility of legal challenges by workers. The study serves to draw attention to various surveillance concerns and highlights the importance of employers undertaking an evaluation of their monitoring practices and complying with the legal framework.

Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.

Subject area Human Resources Management (HRM), Industrial Relations and Strategic Management. Study level/applicability Post-graduate students or executive post-graduate students, Core course in Human resources Management (HRM), Industrial Relations or Strategic Management or in elective courses in Industrial Relations and Strategic HRM. Case overview The Personnel manager of Asian Paints Ltd., Cuddalore (Tamil Nadu) factory, found himself in a Catch 22 situation when a Union leader of the manufacturing unit refused to work. The Union leader had been transferred from the Quality Assurance department to the Production department. The case describes the sequence of events and the backdrop in which the aforementioned situation had unfolded. Given the circumstances that prevailed in the factory, the personnel manager’s decision was likely to have significant impact on the factory’s output. Expected learning outcomes The student will be able to understand the industrial relations/Union issues in a company and the role of different stakeholders, namely, management, Union, workmen and the government in a conflict scenario. The student will learn the application of principles of natural justice and will be able to evaluate the Industrial Relations (IR) strategy adopted by the organizations to prevent labor unrest at the workplace. The student will understand the impact of critical management decisions on the organization’s performance in an uncertain global environment. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes. Subject code CSS 6: Human Resource Management.

Purpose This paper aims to highlight how an interpretative approach to law as posited by Dworkin may be used to remedy the tension between employment protection and corporate rescue laws. Design/methodology/approach This paper adopts a doctrinal and theoretical approach to law. Findings The tension between corporate rescue and employment protection laws affects both employees’ and business owners’ policy objectives on corporate insolvency. The theoretical perspectives of both the traditionalists and proceduralists have so far failed to provide a clear approach on how this tension may be balanced or remedied. This paper proposes that this tension may be remedied through interpretation, that is, by adopting Dworkin’s Interpretative Approach to Law. Originality/value Most researchers and academics have written extensively about the tension between corporate rescue and employment protection, but this paper is the first of its kind to propose a remedy to this tension through interpretation.

Synopsis The Women’s US Soccer team in 2016 entered into the summer Olympics with a dark cloud over their heads, the lack of pay equity in the sport of soccer. Despite being heralded as the best female team in the world, the team’s compensation does not reflect their winning record or average work performance. Complex contractual negotiations and compensation intricacies surround this situation and the legal proceedings with the Equal Employment Opportunity Commission that include discrepancies between gender preferences for compensation, benefits packages and terms of the overall collective bargaining agreement in a monopsony. The financial impact of lost wages and the role of the fan base are also examined. Research methodology This case has been created through the eyes of past and current members of the US Women’s Soccer team using scholarly and periodical sources. Relevant courses and levels This case is designed for upper level, undergraduate human resource management, labor economics and employment law courses, specifically, principles of human resource management, gender equity courses, business law, labor economics, law & economics.

PurposeArab female academics struggle to advance within their universities in both academic and managerial ranks. Accordingly, this study aims to investigate the factors hindering Arab women’s academic career development through studying the case of Jordanian academic women.Design/methodology/approachData were gathered through document analysis (Jordan constitution, Jordanian Labour Law and its amendments, higher education and scientific research law, Jordanian universities’ law and universities’ HR policies and regulations), interviews with 20 female academics and a focus group with 13 female academics (members of the Association of Jordanian Female Academics).FindingsThe results indicate female academics as tokens facing many interconnected and interrelated barriers embodied in cultural, social, economic and legal factors. The findings support the general argument proposed in human resource management (HRM) literature regarding the influence of culture on HRM practices and also propose that the influence of culture extends to having an impact on HR policies’ formulation as well as the formal legal system.Originality/valueThe influence of culture on women’s career development and various HR practices is well established in HR literature. But the findings of this study present a further pressure of culture. HR policies and other regulations were found to be formulated in the crucible of national culture. Legalizing discriminatory issues deepens the stereotypical pictures of women, emphasizing the domestic role of women and making it harder to break the glass ceiling and old-boy network.

Purpose The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews. Design/methodology/approach This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials, one government official, five scholars and lawyers, four enterprise union chairs and three labour activists. Second, these interviews are triangulated with legislative documents and the author’s observation of three public meetings. Held at various times from 2011 to 2014, these meetings were organized to discuss different legislative drafts on collective bargaining. Findings The six-year process of adopting collective bargaining legislation in Guangdong presents a complex picture as different actors joined the process at different times and engaged in different ways. Labour strikes were a crucial force in drawing the attention of both the local and central governments and functioned as a means to repeatedly make collective labour relations a policy “issue” for the government, particularly in 2010. Another actor – the local official trade unions – played a decisive role by not only putting the “issue” into the decision-making agenda, but by also providing policy alternatives based on workers’ bargaining practices. At the same time, business associations, using slow economic growth as an excuse, exerted their economic leverage to pressure for suspension of the first two rounds of legislation. Nevertheless, the new political leadership assuming office in 2013, using an adoptive but restrained logic, pushed for the enactment of the compromise regulation. Research limitations/implications Guangdong Province and its emerging collective labour regimes are not representatives of China, but they are at the frontier of the labour field. Thus, this case study was an example of the “most dynamic” interaction with the “most participative” actors and perhaps the “most pro-labour” of China’s official trade unions. Originality/value This paper is original and draws special attention to the dynamic process of the local law-making and the rationales of different actors in China.

Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.

Purpose This paper aims to examine the impact of the Labor Management Reporting and Disclosure Act (LMRDA). It is expected that returns would have increased in response to the law’s passage, as it imposed a number of restrictions on unions vis-à-vis management and instituted many rules regulating unions’ internal affairs. Design/methodology/approach This paper uses event study methodology, which examines the impact of the law’s passage on the shareholder returns to the firms likely to have been affected by the law. Three different samples are used. Shareholder returns are examined on critical dates associated with the passage of the law to assess whether it benefited the firms in the samples. Findings Shareholder returns to firms expected to have been affected by the LMRDA fell in comparison to their competitors’ returns, indicating that the law was viewed by investors as being beneficial for firms. Presumably, the restrictions the law placed on unions were judged to be more important by investors than the improvement in unions’ image that might have resulted from the law, indicating that the law benefitted firms. Originality/value This is the first paper that has examined the impact of the LMRDA empirically to assess its impact on firms.

Purpose – Drawing its arguments and conclusion from a ten-year survey on workers’ experiences of labour disputes, along with anticipation of trade union reform, the purpose of this paper is to discuss the interaction between labour resistance and its potential for institutional change in the field of labour relations in China. Design/methodology/approach – This paper uses a longitudinal cohort study carried out between 2006 and 2015. The survey was conducted every two years, specifically in 2006, 2008, 2011, 2013 and 2015, in Guangdong Province, China. Questionnaire and interview methods were used; 2,166 valid sample questionnaires were collected, and 215 interviews were carried out over the research period. Findings – An increase in collectivized disputes in China has given rise to an escalation of labour action, characterized by wildcat strikes. Joint action has strengthened the bonds among work colleagues, and it has become more important for workers to pay attention to their rights and interests. In terms of organization, two viewpoints towards union reform were revealed: the pragmatist and the idealist perspectives. Workers with greater experience of resistance were more modest in terms of demands for union reform, while workers with some experience called for their union’s independence from the party-state. Research limitations/implications – The data contained industry bias, as too many respondents were from electronics-manufacturing and textile and apparel plants. Originality/value – This paper is original, and increases awareness of the development of the labour movement in China.

Purpose The purpose of this paper is to present an account of the recruitment process of an international hotel brand in Nigeria, to highlight the issues related to human capital development and to propose relevant solutions. Design/methodology/approach An informal interview was carried out via email. Arike Taiwo is the Executive Director of an international automobile company. She has worked 11 years in human resources for international hotel brands in the UK and Nigeria. Findings The interview provides a practitioner’s perspective on human capital issues in the hotel sector. Important points raised relate to expatriate recruitment practices, employment laws and the employment relationship. Originality/value This contribution offers an opportunity for researchers and practitioners to understand the underlying issues that impact on human capital development in international hotels in Nigeria.

Purpose The purpose of this paper is to examine the development of employee representation systems in the USA from the Ludlow Massacre of 1914 up to the events in 2015 at the Volkswagen plant in Chattanooga, Tennessee. The study begins with the strike at the Colorado Fuel and Iron Corporation which led to the deaths of several women and children. In the aftermath of Ludlow, John D. Rockefeller, Jr, visited the mines in 1915 and persuaded workers that an internal employee representation plan would serve their interests better than an outside trade union. Rockefeller’s influence shaped American industrial relations until the passage of the National Labor Relations (Wagner) Act in 1935, when company unions were outlawed. The ongoing decline of unions and collective bargaining has prompted academic speculation that a return to internal workplace committees might lead to a rejuvenated labor movement in the USA. Design/methodology/approach The study uses both archival materials and secondary sources to construct a narrative of one important element of industrial relations. It explains Wagner’s ban on company unions as a component of his economic agenda. Company unions provided a voice for a firm’s workers, but Wagner believed they were powerless to redistribute corporate wealth. The decline of American unions is so profound that they no longer serve an economic role in our capitalist system, but workers’ voice in the workplace remains an important consideration. Findings The key finding of this paper is that employee representation plans are not merely an industrial relations anachronism but continue to be relevant to today’s workplace. The paper compares an influential representation plan developed in 1914 by John D. Rockefeller, Jr, to current schemes of representation and argues that labor law should be modified to permit modern versions of the older “company unions”. Researchlimitations/implications Works councils play a crucial role in European labor relations, and they could do so in America if labor laws were modified to permit it. An exposition of the deep historical context of representation helps to legitimate the concept. Future research into specific cases, including an international perspective, would add to an understanding of the benefits and costs of representation. Originality/value The originality of this paper is its combination of a historical event and a contemporary case study that brings together a theme present in managerial history for over a century. By emphasizing the aims of Rockefeller, Jr. in 1914 and the objectives of the Volkswagen Company in 2014 in establishing a participatory workplace, we gain a long-term framework through which to evaluate a particular managerial technique. The paper also suggests ways to bring our labor laws into conformance with the idea of employee representation.

SynopsisA room attendant in a small hotel with approximately 63 employees undermines her supervisors and disregards authority in deliberate defiance of company policies, rules, regulations and procedures. Disrespect is shown in several behaviours that include interfering with the work of other employees, spreading rumours, gossiping to other room attendants and complaining about unfair treatment.Research methodologyThis case was field researched and the company and individuals are disguised.Relevant courses and levelsThis case is suitable for third- or fourth-year undergraduate students. Within human resource management it is suited for use in a course or series of classes on employee relations or performance management. The case could also be used for an organizational behaviour course to explore conflict and struggle in organizations and the range of passive and active resistance practices that occur. In this particular case the context of women and minorities working in low-skilled roles could be examined.Theoretical basesIn advance of this case students should have a background in performance management theory and practice, disciplinary systems and practice and the behaviours associated with workplace resistance, insubordination and misconduct.

Purpose – The purpose of this paper is to provide contrasting views on whistleblowing, and offers a three-fold view of whistleblowing. First, it gives some formal arguments. Second, it provides an account of whistleblowing from a whistle-blowers perspective. Third, it provides advice to potential whistle-blowers. Its main purpose is to outline the kinds of arguments in favour of whistleblowing, express some concerns and to provide advice in the form of suggestions. Design/methodology/approach – The initial two sections are provided to compare and contrast the academic and the practical consequences of deciding to blow the whistle. As such, it provides accounts that are meant to compare and contrast the two very different approaches. The final section gives suggestions for consideration for those contemplating blowing the whistle. Findings – The findings of this study are such that it is an argument rather then empirical data; notwithstanding, the perspectives that it brings to bear all point to the value of honesty, and its role as a justification for whistleblowing. Advice and suggestions stem from two rather different realms of discourse. The advice to prospective whistle-blowers is derived from extensive experience on the part of many. It is composed of both what questions to ask oneself, and what one must do to be self-protective. Originality/value – It is argued that corruption has little to commend it apart from the personal benefit of the corrupt acquisition of wealth, whereas openness and honesty appear to be a self-sustaining enterprise. Whistleblowing both enhances the quality of life in that it sustains the democratic process, and may well be related to economic prosperity. In all of this, the merit of transparency is basic.

Subject area Human Resource Management (HRM), Industrial Relations, Labor Law (Indian business context), Organizational Behavior, Trade Union and Employer-Employee Relationship. Study level/applicability Academic students (MBA and BBA), management trainees, HR managers and top management of organizations interested in understanding the importance HRM practices. Case overview This case describes an Industrial Relations situation in an automobile company in India. It begins with the mention of Maruti Suzuki India Limited's (MSIL) brush with an unprecedented labor violence that rocked its Manesar facility on July 18, 2012, eventually leading to the lock out of the same on July 21, 2012. Further, it describes the background of the company, employer-employee relationship, a series of strikes experienced by the company, incidents that led to the violence, incidents that happened on the day of violence and finally actions taken after the violence by the company, the government and the union. With such details, the case raises questions on the prolonged people management issues afflicting MSIL. It endeavors to educate the discussants on the specifics of an industrial relations system and the role of each actor toward maintaining industrial peace. Expected learning outcomes Understanding the role of actors of industrial relations toward effective HRM in the organization. Analyzing the compliance of the actors under the existing labor laws as applicable to the organization. Comprehending the attitude of employees, employers and industry toward each other and also toward the job. To understand the nuances of people management function and its contribution toward the violence that eventually resulted in lockout. To comprehend various organizational behavior concepts that shall help synergize the employees' objectives and employer's goal. To analyze the complete incident with relevant organizational and industrial relations (IR) theories. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

Purpose– This paper aims to analyse whether the World Trade Organisation (WTO) covered agreements ought to be interpreted in a manner that enables an importing country to restrict or prohibit import of goods manufactured using child labour. This question is pertinent, given the WTO-covered agreements do not explicitly mention child labour, yet there is increasing international concern for the phenomenon of child labour, evidenced through international human rights law and international labour law treaties and a push by some developed countries’ WTO Members for inclusion of a “social clause” governing child labour under the covered agreements.Design/methodology/approach– This paper examines the WTO-covered agreements, current trends in interpretation of the covered agreements by panels and the Appellate Body (AB) and scholarly debate regarding connecting trade with labour standards and human rights.Findings– This paper argues: that although inclusion of a social clause in the covered agreements is unlikely, Article XX(a) GATT, Article XX(b) GATT and Article 2.1 TBT can in certain circumstances be interpreted as to allow such restrictions on the import of goods; that no clear academic argument logically precludes connecting trade with labour standards and human rights; and that to legitimate both the WTO and the international legal system as a whole, the covered agreements, as the basis of international trade law, ought to be interpreted in a manner consistent with international labour law and international human rights law.Originality/value– This paper draws upon the recent AB decision in European Commission – Seal Products, examining the AB’s interpretation of the Article XX(a) GATT “public morals” exception. This paper further seeks to provide a succinct overview of the argument surrounding WTO involvement in the issue of child labour.

Purpose – The purpose of this paper is to reflect on the effectiveness of labour law in Bangladesh and provide suggestions to improve working conditions in the country. Design/methodology/approach – The article provides an analysis of the factual impact of labour law in Bangladesh. Findings – The study reveals the appalling condition in the ready-made garment industry. The factory owners tend to bend the laws and exploit the workers. Originality/value – The paper offers some suggestions to improve the working conditions of the workers in the garment industry of Bangladesh.

Purpose – Employment law reform enforced in Estonia in mid-2009 provides a good opportunity to examine the outcomes of employment protection legislation (EPL). The purpose of this paper is to evaluate the effects of the reduction in EPL on labour reallocation. Design/methodology/approach – The author exploits the micro-data of the Labour Force Survey to estimate the probabilities of one-year worker flows with probit models, and uses a difference in differences (DID) approach to identify the effects of the EPL reform. Findings – The author finds that the reduction in EPL seems to have increased the probability of transitions out of employment. At the same time, she does not find any significant effect of this reform on the probability of flows into employment. The evaluation also gives evidence of a lowered probability of job-to-job transitions resulting from the reduction in EPL. Research limitations/implications – In this paper, the DID estimation is conducted by using Lithuanians as the control group for Estonians. However, it should be noted that this approach assumes strong similarities between these countries in order to obtain reliable estimates. Originality/value – The findings of this paper raise the possibility that the reduction in EPL alone may not have been sufficient for achieving a better reallocation of labour and this is important to consider in the context of further developments in other labour market institutions.

Purpose – Considers the subject of work stress and the potential liability to employers that may arise. Design/methodology/approach – Provides details of recent cases from England and Wales that bear upon workplace stress. Findings – Explains that, for liability to arise, there needs to be an injury to heath, and this needs to be attributable to stress at work. Practical implications – Advances the view that employers can reduce the likelihood of a successful claim as follows: reduce stress in the work environment; give clear written guidance on actions that employees should take if they feel that they are stressed and ensure the message is conveyed with evidence that this is the case; have a confidential help-line that can refer stressed employees to obtain appropriate help; train managers to look out for the signs of stress and act on them; and pay special attention to anyone who has already exhibited signs of stress or had time off work because of stress. Social implications – Argues that mental disorders are more difficult to identify than physical ones. Originality/value – Claims that the threshold for employer liability remains high. The employee will find it difficult to make a successful claim for workplace stress where the person keeps the fact that he or she is stressed from the employer.

PurposeThe purpose of this paper is to examine to what extent and under which conditions restructuring processes allow workers to effectively voice their concerns, with a view to influencing the restructuring logic and transforming its outcomes.Design/methodology/approachIn‐depth case studies with semi‐structured interviews, documentary analysis and a survey, all conducted at firm‐level (taking also into account the impact of the European Workers’ Council when relevant).FindingsBoth settings (be it the Swiss flexible labour law and collective labour agreements or the protective professional status enjoyed by the French workers) do not guarantee the enhancement of workers’ capability set in restructuring processes. Whatever the entitlements and the cognitive and political resources available to the workers, two conditions are crucial to enhancing their capability for work and for voice: workers’ ability to re‐build collectives; and an adequate regulatory framework imposing on employers and shareholders the duty to negotiate.Originality/valueThe paper suggests another way of assessing restructuring processes and outcomes based on the capability approach, and demonstrates its greater relevance compared to economic or managerialist views of restructuring, based on efficiency and profitability.

PurposeThe purpose of this paper is to explore attitudes to employment law and the consequent impact of legislation on Irish employment relations practice.Design/methodology/approachThe paper adopts a comparative approach using two separate pieces of employment law governing race equality, and employee information and consultation, respectively. Semi‐structured interviews with key informants are the main data source, augmented in the case of the information and consultation legislation by focus groups in individual workplaces.FindingsThe empirical evidence presented suggests that legislation is not the primary initiator of change. In the case of race equality the market was found to be a key determinant of practice (termed “market‐prompted voluntarism”). However, it is argued that regulation can influence change in organisations, depending on the complex dynamic between a number of contingencies, including the aspect of employment being regulated, the presence of supportive institutions, and organisation‐specific variables.Practical implicationsThe comparative findings in this research allow some important inferences to be made regarding the use of law to mandate change in employment relations practice. They, in turn, provide useful lessons for future policy makers, managers, trade unionists and workers.Originality/valueThis paper is unique in its comparison of two separate pieces of legislation. In both cases considered, the legislation was prompted by EU Directives, and the obligation on member states to transpose these Directives into national law. The findings suggest that readiness for legislation, based on length of national debate and acceptance of the underlying concept, can influence its impact. The concept of equality seems to have gained widespread acceptance since the debate provoked by the 1948 Universal Declaration of Human Rights. However, understanding and acceptance of the concept of employee voice has been much less pronounced in the Anglo‐Saxon world.

PurposeTo ease adjustments in the labour market, many countries have softened their legislation since the 1970s by introducing flexible labour contracts or by making their use easier. The purpose of this paper is to document labour management of temporary contracts during the last 20 years in Belgium, compared to the situation in its neighbouring countries. The authors investigate the determinants of the use of flexible labour contracts and the consequences of their introduction on labour dynamics.Design/methodology/approachA dynamic Probit is considered to model the use of fixed term labour contracts (FTCs) and standard dynamic labour demand equations are used to test the impact of labour contracts on the labour adjustment at the firm level, using a panel of around 8,000 firms during the period 1998‐2005.FindingsThe results indicate that some firms follow labour management based on a core (indefinite term contracts – ITCs) and a peripheral component (FTCs) and manage temporary contracts on a “permanent” basis, from a long run perspective. Estimates also confirm a much faster temporary contracts employment adjustment, while ITCs adjustment does not depend on whether firms employ FTCs. ITCs short‐term employment elasticity with respect to wages suggests that workers protection against redundancies is strengthened when firms manage work organisation with both types of contracts. In contrast to ITCs, FTCs are used to meet unexpected demand shocks.Originality/valueThis paper contributes to the growing literature on the impact of the introduction of new flexible contracts on the labour demand at the firm level.

PurposeThe recent development of legal rules that can invalidate sham clauses or bogus contracts in employment have proven beneficial to workers, in particular those workers that want to be treated as employees. This paper aims to investigate this issue.Design/methodology/approachThis article considers relevant legal decisions from all areas of employment law that have a bearing on this topic.FindingsAs will be seen when a court or tribunal has a reasonable suspicion that the clause (or the contract itself) is a sham that is designed, for example, to exclude employee status (to those persons working under a contract with an employer) they may decide to ignore it and treat the contract as a contract of service. The affected worker will then have entitlement to the full range of employment rights available to an employee.Research limitations/implicationsAs a consequence of recent legal decisions particularly, those over the last three years an employer that introduces a clause into his contracts (or enters in contractual relations with his workers) needs to ensure that the clause or contract is genuine and operates in practice as it states that it intends to.Practical implicationsIf a clause or contract is not genuine and does not operate in practice as it states that it intends to, as the title of this article suggests, there might be serious legal implications for an employer. The clause (usually a substitution clause) or the type of contract entered into must not simply be a device to circumvent the correct application of the law in other words perpetrate a sham.Originality/valueThe legal impact of clauses or type of contract entered into is analysed fully for the first time in this paper.

PurposeThe purpose of this article is to highlight inequalities created and sustained through gendered, raced, and classed organizational processes and practices using Joan Acker's work as a lens for perceiving the mechanisms that support such practices. It aims to use home health aide work as an example of how US labor laws and court decisions create and support disadvantages for workers who are largely economically‐disadvantaged and often women of color.Design/methodology/approachThe article considers processes of inequality based on demographic characteristics and the resulting stereotyping, discrimination, and gender, race, and class inequalities.FindingsThe article finds that multiple intersecting processes of inequality exist in organizations, manifested in practices of stereotyping and discrimination for some job applicants and workers and advantageous positioning for certain others.Research limitations/implicationsFuture research should more specifically consider the effects of multiple processes of inequality on individuals' organizational experiences and the intersections of gender, race, and class (as well as other markers such as ethnicity, sexual orientation, and disability) in organizational practices.Practical implicationsManagers and human resources practitioners should be aware of the effects of processes related to the intersectionality of gender, race, and class and work to eliminate resulting stereotyping and other discriminatory organizational practices linked to these processes in their organizations.Social implicationsIdentification of processes of inequality resulting in stereotyping and discrimination may help reduce them, thus increasing opportunities for work, wages, and benefits, and reducing poverty for members of the most devalued groups.Originality/valueThis research contributes to the literature on the intersecting nature of gender, race, and class‐based inequalities and on human resources decision making in organizations.

Purpose – The purpose of this paper is to analyze the popular belief that for organizations (and countries) to be economically prosperous they require a highly flexible industrial relations framework in which to operate, that provides minimal protection for employees.Design/methodology/approach – The paper uses new data from the World Bank and expert commentary to assess the validity of the above‐mentioned belief.Findings – The paper explains that there are numerous examples of countries that are highly competitive and prosperous yet have rigid labor‐protection legislation and many instances of countries with very flexible labor law that are performing poorly economically. Therefore, there is no absolute link between economic prosperity/competitiveness and lax labor laws.Practical implications – The paper advances the view that human‐resource specialists, through the decisions they make, can contribute to their organizations' competitiveness irrespective of the legislative framework in which they must ope...

PurposeThis paper aims to review the case for improved (supra‐national) regional social and labour policies in principle, assess the extent to which existing regional associations of governments and regional organizations are actually developing effective regional labour policies in different sub‐regions of Europe, Latin America, Africa and Asia, and finally explore the driving forces behind their development and suggest how they might be further enhanced.Design/methodology/approachThe paper compares the emergence of regional policies concerning labour rights and migrant workers' rights across regions. A sample of more than 15 regional arrangements are then ranked on the basis of their commitment in these areas. Finally, correlations between these rankings and different indicators of (real) regional interdependence are looked at.FindingsThe paper shows that regional socio‐economic policies are gaining importance in different world regions, although speeds are varied and generally low. It is difficult, however, to find strong correlations with indicators of regional interdependence such as trade or migration.Originality/valueThe paper presents one of the first systematic accounts of the development of regional socio‐economic policies in different world regions. It shows at the same time that huge opportunities for new policy initiatives exist in this area.

PurposeThe purpose of this paper is to expose practical and theoretical problems with the range of reasonable responses (RORR) test as applied in UK unfair dismissal law, and to propose an alternative interpretation of the test that would resolve these problems.Design/methodology/approachThrough a close analysis of the purpose and structure of UK unfair dismissal law, and a careful reading of the leading cases in the area, the paper questions whether the law as it is currently interpreted achieves the goals of the underlying legislation. The current interpretation of the law being found lacking, alternatives are considered and evaluated.FindingsThe RORR test, as delineated in the most recent Court of Appeal cases, holds that dismissals are fair unless they are based on a reason for which no reasonable employer would dismiss. This interpretation of the test is internally incoherent; moreover, it fails adequately to promote the goals of unfair dismissal law, which are to protect the dignity and autonomy of employees. An alternative and superior interpretation of the test would hold a dismissal to be outside the RORR if no rational theory of management would condone dismissal on the grounds given by the employer.Social implicationsThe paper draws attention to fundamental incoherence in the current interpretation and application of unfair dismissal law, and suggests a new and better approach. If the new approach were accepted by the courts or by Parliament, it could lead to reform in unfair dismissal law.Originality/valueThe paper provides a detailed analysis of the RORR test, a long‐standing and well‐recognized problem in UK unfair dismissal law, and suggests a novel solution that would improve the coherence and function of unfair dismissal law.

PurposeThis paper aims to review how far Nepalese firms are complying quality of work life (QWL) provisions of the Labor laws and to assess expectations of union leaders on different dimensions of QWL.Design/methodology/approachThis paper is mainly based on a literature survey. To answer the research, three different labor laws are reviewed. In order to understand expectation of union leaders, a questionnaire survey is administered.FindingsIn Nepalese workplaces, the QWL situation is deteriorating and thus commitment of the part of government, employers, and union leaders is required to work on QWL initiatives and to create a sound and harmonious industrial relations environment.Research limitations/implicationsThere are various dimensions affecting QWL initiatives. However, in this study only labor legislation is taken as a measure to examine QWL initiatives. Similarly, to understand expectations towards different dimensions of QWL only views of union leaders are collected. No other views than those of union leaders are considered.Practical implicationsThe clear deviation in the implementation of labor laws and widening expectation gap of union leaders can be referred as a poor QWL situation in Nepalese firms. This paper clearly makes an open debate on different QWL issues and provides clues for researchers in making future studies of the QWL situation in Nepal.Originality/valueA paper of this kind focusing on QWL and labor legislation together with inputs from literature has never been written and published before. This is the original contribution of the authors to familiarize readers with the situation of QWL in Nepalese organizations.

Purpose – The purpose of this paper is to study the changing perspectives of Chinese trade unions towards labour rights and interest, through exploring the nature of Chinese trade unions from the aspect of shop stewards, or enterprise union cadres. These opinions can explain the nature and orientation of unions towards representation and rights protection for workers.Design/methodology/approach – This paper is based on a survey of 1,811 enterprise union chairpersons, which is analysed by variable interaction analysis through statistical package for social sciences.Findings – Enterprise trade unions have realised the importance of labour representation and are willing to undertake actions for labour rights and interests in the companies. Enterprise union cadres tend to change the union for more autonomy and effectiveness in safeguarding collective labour rights at the workplaces. The enterprise union chairpersons have been learning how to use this multiple role of the Chinese trade union for pursuing the r...

PurposeThe purpose of this paper is to understand the status of a class of non‐permanent labour in the globalised era in India.Design/methodology/approachTo understand this the paper uses both secondary level information and primary data collected through a survey. Secondary level data are analysed using a panel data model. Here, the hypothesis is: contribution of contract labour to production is greater than that of the regular employees. The primary level survey is conducted to know whether they are exploited due to their non‐permanent stature.FindingsIt is observed from secondary data analysis that the hypothesis is not rejected. Contract labour makes a significant contribution to production, while the regular employees do not. Primary survey also shows that they are exploited in many ways including through non‐payment of minimum wages.Practical implicationsThe paper indicates that, while regulations are in place, they are abused and hence it is the implementation part on which government needs to focus.Originality/valueAnalysis shows how rationalization of employment does not take place due to labour regulations for the regular employees. It also brings to light through primary survey various lacunae in the implementation of the Contract Labour Act. Since survey of such labour class is difficult there are limited studies in this field.

PurposeThe purpose of this paper is to call for re‐thinking of the universal minimum‐age approach to problems of child labour.Design/methodology/approachThe authors point out that there has been no serious policy analysis on universal minimum‐age approaches, and question common assumptions concerning such policies by reviewing available knowledge on the impact of work on children.FindingsAvailable research does not support a presumption that blanket minimum‐age laws are beneficial. In some cases, it is clear that they are injurious to children, underlining the need for systematic policy analysis.Practical implicationsThe promotion of universalized minimum‐age policies should cease until their effect on children has been reliably assessed. In the meantime, more energy and investment should be devoted to alternative, proven ways of combating forms and conditions of work that are genuinely likely to cause harm, and to promoting access to education.Originality/valueThis paper contributes towards introducing more appropriate policy on children's work.

Purpose – This paper seeks to develop a framework for Indian labour reforms that lay emphasis on economic growth and social development by balancing growth needs of firms and socio‐economic imperatives of a developing nation. It proposes four management systems and details their interactional dynamics at three levels, namely, at the level of economic security, employment regulation and system flexibility.Design/methodology/approach – This paper provides a literature review of current developments in India with respect to employment, and an analysis of existing labour relations frameworks for similar country contexts.Findings – Labour relations in developing countries is characterised by recent shift to market driven external environment, economically vulnerable surplus labour, low skills, inflexible employment laws, politicised unions with low labour representation, and low corporate involvement in governance. There is a need for policy changes that incorporate economic stability for labour, employment re...

PurposeThe purpose of this paper is to provide a discussion of the benefits of succession planning and open communication between administration and staff when an employee leaves their employment at the library.Design/methodology/approachThis paper used the personal expertise of the author who has been a professor of human resources management as well as a library consultant to all types of libraries for over 15 years.FindingsThis paper proposes that every library organization should follow a five‐step succession planning strategy to guarantee a smooth transition when an employee leaves for whatever reason. The paper also proposes an open and honest communication policy when an employee is terminated to ease the anxiety of the rest of the staff.Originality/valueThis paper helps the library director and the library department manager more intelligently handle the necessary transitions when an employee leaves their employment.

PurposeThe purpose of this commentary is to examine the prevalence in which pregnant women are exploited in the production of apparel goods.Design/methodology/approachThe labor laws of four countries, including China, Mexico, Nicaragua and the Philippines, are assessed and discussed in relation to cases of documented abuse occurring against pregnant women working in the garment industry in these four countries.FindingsAn analysis and consensus of the literature reveals that although all four countries have established labor laws to protect workers, pregnant women continually face abuse and discrimination in the garment industry. Many forms of exploitation occur, including forced abortions, unpaid and/or required overtime, lack of adequate benefits, unfair hiring and promotion practices, and forced job assignments requiring intense physical labor which proves detrimental to the health and well‐being of the worker and unborn child.Originality/valueLabor abuses in the production of apparel goods are often widely espoused as a result of media campaigns executed by human rights and labor organizations. The focus of such movements, however, is often on the disregard for child labor laws, workers' rights to join unions, and minimum wage violations. Less focus has centered on the treatment of pregnant women in the production of apparel goods. In an attempt to educate consumers, industry and academic professionals, this paper addresses the issue of discriminatory abuses occurring against pregnant women in the garment industry.