Theoretical and Practical Aspects of the Criminal Offences Committed in the Framework of Employment Relations in the Private Sector from Romania

Author(s):  
Diana Cîrmaciu
Author(s):  
Brett Lineham ◽  
Louise Fawthorpe ◽  
Boaz Shulruf ◽  
Stephen Blumenfeld ◽  
Roopali Johri

This study carried out by the Department of Labour in 2007/08 aims to assess whether there have been any significant changes in the coverage of collective bargaining that can be attributed to the Employment Relations Act 2000. The research draws on administrative data relating to union membership and collective bargaining coverage, as well as qualitative data from employers, employees, union representatives and other employment relations stakeholders. The research shows that collective bargaining has yet to regain pre Employment Relations Act levels. Collective bargaining remains concentrated in the public sector, with low density in the private sector. The study concludes that the effects of the Act on collective bargaining are chiefly observed in the recovery of collective bargaining in the public sector, and the continued decline (in general) in the private sector. The research offers no indications that these patterns will change.  


2011 ◽  
Vol 66 (2) ◽  
pp. 192-212 ◽  
Author(s):  
Barry Foster ◽  
Erling Rasmussen ◽  
John Murrie ◽  
Lan Laird

In New Zealand in the 1990s, labour market decentralization and new employment legislation precipitated a sharp decline in unionism and collective bargaining coverage; trends that continued well into the 2000s even after the introduction of the more supportive Employment Relations Act 2000 (ERA). The ERA prescribed new bargaining rules, which included a good faith obligation, increased union rights and promoted collective bargaining as the key to building productive employment relationships (Anderson, 2004; May and Walsh, 2002). In this respect the ERA provided scope for increased collective bargaining and union renewal (Harbridge and Thickett, 2003; May, 2003a and 2003b; May and Walsh, 2002). Despite these predictions and the ERA's overall intent, the decline in collective bargaining coverage begun in the 1990s has continued unabated in the private sector. It has naturally been questioned why the ERA has not reversed, or at least halted, this downward trend. So far research has focused on the impact of the legislation itself and much less on employer behaviour and perceptions, or on their contribution to these trends. This article addresses the paucity of employer focused research in New Zealand. The research explores views of employers on the benefi ts of collective bargaining, how decisions to engage or not engage in collective bargaining are made and the factors instrumental to them. It is demonstrated that the preferred method of setting pay and conditions continues to be individual bargaining. This is especially so for organizations with less than 50 employees, by far the largest majority of fi rms in New Zealand. Frequently, these smaller organizations see no perceived benefits from collective bargaining. Overall, these fi ndings suggest that despite a decade of supportive legislation there are few signs that the 20 year decline in collective bargaining coverage in New Zealand will be reversed.


Author(s):  
Barry Foster ◽  
Erling Rasmussen

The paper discusses two debates; the rise of individualism in employment relations and the role of employers attidudes and strategies in this shift. Secondly the affect this is having on achieving a high­wage high skills economy. The methodology for this paper used three surveys providing a national coverage of private sector organisations employing ten or more staff. These were undertaken using a cross­sectional design where the surveys matched the sample demographics used by previous New Zealand studies. Semi­structured interviews were also carried out. The main findings are that the New Zealand ’experiment’ in employment relations that has been carried out over the last 2­3 decades has not produced the high productivity growth that was intended by its designers.


Author(s):  
Maggie Holtzhausen

The legislative requirement of representivity of parties to bargaining councils remains one of the main challenges these institutions face. When trade unions and/or employers’ organisations are deemed to be unrepresentative, this could lead to the ultimate collapse of the council, or result in collective agreements not being extended to non-parties – thereby defeating the purpose of centralised collective bargaining. This research has thrown light on representation levels by demonstrating that they are not stagnant, but change constantly. The research indicates that today private sector councils especially are often faced with unrepresentative parties, mainly because of economic and political challenges and significant changes in the world of work. Examples are given of how councils deal with these challenges, if at all. The research indicates that even though representivity remains a huge challenge for councils, collective agreements are still in the main extended to non-parties. Nevertheless, there is evidence that the extension of agreements has been challenged. This article therefore throws light on and improves our understanding of non-representivity matters in certain bargaining councils, and by extension our understanding of non-representivity in other bargaining councils as well. It concludes with certain recommendations. Hence, this article contributes to existing knowledge by providing a more inclusive and integrated view of non-representivity and its consequences, thereby enriching the broader employment relations management context.


Organizacija ◽  
2009 ◽  
Vol 42 (4) ◽  
pp. 144-152
Author(s):  
Etelka Korpič-Horvat ◽  
Bojan Tičar ◽  
Rado Bohinc

The Salary System in the Private Sector in the Republic SloveniaIn the article the authors discuss the salary system in the private sector in the Republic of Slovenia. They present relevant legislation dealing with remuneration, in particular the Employment Relations Act, which regulates individual employment relations and in a separate chapter regulates remuneration. Remuneration includes a salary and other additional payments. The authors treat all the components of a salary, i.e. the basic salary, extra payments, the part of the salary based on job performance, and the payment for positive business performance. Other additional payments are payments in kind or in money, in securities, or profit-related pay, i.e. the participation of employees in profit sharing. The authors also treat other income of employees laid down in the Employment Relations Act and collective agreements as well as the reimbursement of expenses related to work. The authors also focus on the obligatory content of an employment contract with reference to remuneration. Finally, they address open issues regarding types of other additional payments and possible solutions for determining individual remuneration instruments in collective agreements and in employment contracts.


2006 ◽  
Vol 40 (4) ◽  
pp. 23
Author(s):  
STUART A. COHEN

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