scholarly journals Wage Exploitation as Disequilibrium Price

2021 ◽  
pp. 1-25
Author(s):  
Stanislas Richard
Keyword(s):  
Economic Efficiency ◽  
Austrian Economics ◽  
Employment Relationship ◽  
Employment Relationships

There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do not rely solely on the nonworseness claim. They also rely on the idea, popularised by Alan Wertheimer, that exploitation is a form of disequilibrium price occurring in defective markets. The article then proceeds to criticise Wertheimer’s account through neoclassical, new institutional, and Austrian economics. It concludes that considerations for economic efficiency are irrelevant to assessing intuitions regarding exploitation.

The impact of employment relationships on firm sustainability

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Francisco Rincon-Roldan ◽  
Alvaro Lopez-Cabrales
Keyword(s):  
Environmental Sustainability ◽  
Chief Executive Officers ◽  
Structural Equation ◽  
Chief Executive ◽  
Negative Influence ◽  
Employment Relationship ◽  
Content Type ◽  
Employment Relationships ◽  
Hr Managers ◽  
The Impact

PurposeThe aim of this study was to analyse the influence of different employment relationships (ERs) on the sustainability results of cooperatives. The authors approached the type of ER comparing the inducements offered by the firm with the contributions that the manager expects from employees. In this way, the authors study how the orientation toward the employment relationship influences the economic, social and environmental sustainability of the firm.Design/methodology/approachThis article presents a theoretical and empirical research model about the relationship between ERs and sustainability. The necessary information was obtained through a questionnaire that was completed by the human resource (HR) managers and chief executive officers (CEOs) of 124 cooperative companies, and structural equation modelling was applied to evaluate the relationships between the proposed constructs, using the partial least squares technique (PLS-SEM).FindingsThe obtained results suggest that mutual investment and overinvestment ERs favour economic, social and environmental sustainability, whereas quasi spot contract and underinvestment ERs have a negative influence on all three types of sustainability. Therefore, it is confirmed that the type of ER adopted can condition the sustainability of the company, either favouring or worsening it.Originality/valueThis work contributes to covering the lack of studies about which ERs impact the sustainability of organisations, and it provides information on the role of ERs in the search for a more sustainable organisation, demonstrating that the type of employment relationship developed by the firm has a relevant impact on its sustainability.

scholarly journals Sacked! An investigation of young workers' dismissal

2011 ◽  
Vol 17 (2) ◽  
pp. 226-244 ◽  
Author(s):  
Ashlea Kellner ◽  
Paula McDonald ◽  
Jennifer Waterhouse
Keyword(s):  
Content Analysis ◽  
Young People ◽  
Sexual Harassment ◽  
Young Women ◽  
Relative Frequency ◽  
Employment Relationship ◽  
Young Workers ◽  
Employment Relationships ◽  
The Relationship ◽  
Advocacy Organisation

AbstractLimited academic attention has been afforded to young workers relative to their adult counterparts. This study addresses a phase of the employment relationship for young people that is very infrequently examined – during or around the time when the relationship ends. It examines the relative frequency of different forms of dismissal and the circumstances preceding the dismissals via a content analysis of 1259 cases of employee enquiries to a community advocacy organisation in Australia. Results indicate that dismissal was most commonly associated with bullying, harassment, and taking personal leave. Young men, compared to young women, were disproportionately likely to report allegations of misconduct as preceding dismissal, while females experienced higher rates of sexual harassment and discrimination. The research highlights the types and circumstances of dismissal across a range of employment contexts and reveals the complexities of youth employment relationships which may differ from those of the general workforce.

PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Extensive Study ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Law System ◽  
The Subject

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

DRUNKENNESS AS A REASON FOR TERMINATING EMPLOYMENT RELATIONSHIP AND STATE SERVICE EMPLOYMENT RELATIONSHIP

2016 ◽  
Vol 1 (74) ◽  
pp. 64
Author(s):  
Kitija Bite
Keyword(s):  
Public Service ◽  
Alcohol Intoxication ◽  
Toxic Substance ◽  
The State ◽  
Employment Relationship ◽  
Public Institution ◽  
Employment Relationships ◽  
Regulatory Approach ◽  
The Government ◽  
Service Employment

The author in the article researches alcohol as one of the reasons to terminate public service employment relationships at the State Police and employment relationships. The legislation provides different regulatory approach to alcohol intoxication as a reason for terminating the employment relationships and the legal application of this reason. In practice, detecting of alcohol intoxication and denunciation of employment relationship or retiring from the public service is problematic. The government regulations in Latvia define the inspection procedure of the influence of alcohol, narcotic, psychotropic or toxic substance, however, there is no legislative act defining the term ‘alcohol intoxication’, while it is essential in employment relationships. There are several issues that emerge from the case-law: firstly, the employer must legally differentiate alcohol intoxication from alcohol influence in order to be able to terminate the employment; secondly, the employer must legally/judicially detect and record the presence of alcohol. The author suggests to define the state of ‘alcohol intoxication’ as well as make alterations in the Labour Law giving the liberty to the employer to terminate the employment relationship in case of alcohol influence. A Chief of Public Institution should be appointed to develop An Internal Regulations Act in order to detect alcohol intoxication or influence. Such alterations in Law would allow the employer to apply disciplinary penalty or denunciation in the cases of alcohol intoxication, and would clearly define the inspection procedure for the employees upon suspicion of being present at work or public service under the influence of alcohol.

scholarly journals The Case for Broadening the Ambit of Restraint of Trade and for Focusing on Reasonableness

2016 ◽  
pp. 681
Author(s):  
Connor Bildfell
Keyword(s):  
Employment Relationship ◽  
Employment Relationships ◽  
Historical Approach ◽  
The Past ◽  
Restraint Of Trade

The jurisprudence in the area of restraint of trade reveals inconsistencies concerning what falls within the ambit of a restraint of trade. In addition, the modern employment relationship is of a radically different nature than the employment relationships of the past. This article reviews the historical approach and discusses some recent Canadian jurisprudence on restraint of trade. In light of changes to the employment landscape, this article proposes modifications to the court’s characterization of “restraining” provisions and directs more emphasis towards reasonableness and the interest-balancing process. It concludes with an application of the proposed test for an unreasonable restraint of trade and a defence of the proposed alterations.

scholarly journals THE MODEL OF OUTSOURCING WORK RELATIONSHIP IN GLOBALIZATION ERA OF LABOR MARKET BASED ON PANCASILA

2018 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Mashari Mashari
Keyword(s):  
Labor Market ◽  
Employment Relationship ◽  
Labor Costs ◽  
Severance Pay ◽  
Employment Relationships ◽  
Work Relations ◽  
Relationship Model ◽  
Work Relationship ◽  
Industrial Disputes ◽  
The Government

<span class="fontstyle0">The outsourcing relationship model in the globalization of the labor market based on Pancasila is still reaping controversy among workers and employers. The issue of outsourcing employment relationships in the globalization era of the labor market is a common need among workers, employers and governments. In the implementation of this outsourced employment relationships lead to inconsistency in the element of the employment relationship itself, because workers get orders from employers, whereas employment agreements are made between workers and the Worker Service Company. This inconsistency leads to industrial disputes between outsourced workers and employers. The concept of outsourcing work relations in the era of labor market globalization is a product of liberalism adopted by the Indonesian people when entrepreneurs feel overwhelmed by high labor costs and obliges to provide severance pay, rewards of employment and compensation as regulated in Law Number 13 2003. The implementation of work relations between workers, employers and the government must be in accordance with the souls contained in the precepts of Pancasila, meaning that all forms of behavior of all subjects involved in the process must be based on the noble values of Pancasila as a whole. Outsourcing employment relationship model in the era of labor market globalization based on Pancasila has not run as expected, there are still many problems in the unfinished work of outsourcing industry. The outsourcing work relationship based on Pancasila should make employers and workers no longer across but have the same goal to achieve profit.</span>

scholarly journals Relational Expectations and Transactional Obligations: Incompatible Psychological Contracts and Triadic Employment Relationships

SAGE Open ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 215824402093267
Author(s):  
Jocelyn Handy ◽  
Dianne Gardner ◽  
Doreen Davy
Keyword(s):  
Psychological Contract ◽  
Psychological Contracts ◽  
Adverse Outcomes ◽  
Employment Relationship ◽  
Temporary Workers ◽  
Power Bases ◽  
Employment Relationships ◽  
Semistructured Interviews ◽  
Triangular Employment Relationship ◽  
Temporary Staffing

This research investigated the triangular employment relationship between organizations, temporary staffing agencies, and clerical temporary workers using the conceptual framework of the psychological contract. The rapid growth in triadic employment relationships is well documented; however, there is limited research into the interlocking psychological contracts between the three parties. This research advances our understanding of the mechanisms underlying triangular psychological contracts by drawing attention to the ways in which people’s beliefs concerning their own obligations toward others may be incommensurate with their expectations of other parties. Findings are based on semistructured interviews with 10 client organization representatives, 10 staffing agency consultants, and 20 female clerical temporaries working in Auckland, New Zealand. The interviews revealed that the three sets of participants held mutually incompatible expectations, which were shaped by their differing positions and power bases within the temporary labor market. Each group expected, or wanted, the other parties to behave toward them as if a relational psychological contract existed but perceived their obligations toward others in more transactional terms. In consequence, the expectations, goals, and actions of the three sets of participants often conflicted, creating a range of adverse outcomes, which were unintended by, and problematic for, each group within the triangular employment relationship.

scholarly journals My talent or yours? A labour process analysis of talent management in practice

2019 ◽  
Vol 24 (2) ◽  
pp. 178-199
Author(s):  
Chitalu Kabwe ◽  
Smita Tripathi
Keyword(s):  
Management Practices ◽  
Process Analysis ◽  
Talent Management ◽  
Employment Relationship ◽  
Process Theory ◽  
Managerial Control ◽  
Employment Relationships ◽  
Theoretical Contribution ◽  
Labour Process ◽  
Work Intensification

The article empirically examines the experiences of managers and employees involved in talent management practices. Our empirical aim is to explore the ways in which high-potential employees might also be exposed to a degradation of their employment relationship. We make a theoretical contribution by analysing talent management practices through the conceptual lens of labour process theory. Labour process theory is part of a well-established Marxist approach and we extend this framework to analyse talent management practices in industrial capitalism to offer new insights into how these practices are changing the employment relationships via augmented managerial control and work intensification. Using an employer–employee perspective, we use qualitative data from three multinational companies based in Europe. Our findings indicate the widespread use of ‘softer’ forms of control, alongside work intensification and a general illusion of opportunity and expectations, thus degrading and hollowing out the employment relationship. In effect, talent management practices are increasing workplace pressure through uncompensated talent development activities and are paradoxically debilitating the employment relationships for the ‘talented’ employees.

DO THE PROVISIONS REGULATING THE TERMS OF EMPLOYMENT OF POSTED WORKERS, AS MANDATORY PROVISIONS, ENSURE THE PROTECTION OF THE EMPLOYEE?

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 545-561
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
European Union ◽  
Union Member ◽  
European Union Member State ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Applicable Law ◽  
Legal Relationship ◽  
Rome I ◽  
Conditions Of Employment ◽  
The Eu

All employment relationships, including strictly employment relationships, may be related to the legal areas of two or more countries, which raises the question of the law applicable to a specific legal relationship. The Rome I Regulation has a key importance in determining the applicable law to which the employment relationship is to be subjected. In this respect, the decree of Art. 8 of the Regulation has a fundamental importance, which was analyzed in the first part of this publication. However, the mechanism according to which the lex labori will be corrected by the provisions forcing their application, the issues of which are presented later in the publication, should be distinguished from the scheme presented in the above-mentioned regulation. According to the EU legislator, one of the matters of employment relationships regulated by such provisions is the standardization of the terms and conditions of employment of employees posted to perform work in the territory of a European Union Member State. Answers to the question whether it is appropriate to assign a nature of the rules enforcing its application provisions to this regulation (concerning the terms and conditions of employment of posted workers) has been made at the end of this publication.

The distribution of risks in the employment relationship in the light of French law

2009 ◽  
pp. 163-172
Author(s):  
Pascal Lokiec
Keyword(s):  
Stock Exchange ◽  
Working Hours ◽  
Company Law ◽  
Employment Relationship ◽  
Clear Distinction ◽  
Business Enterprise ◽  
French Law ◽  
Legal Form ◽  
Employment Relationships ◽  
A Company

- A business enterprise, in which most employment relationships take place, is a considerable source of risk for its members, both partners or shareholders and employees, especially if it takes the legal form of a company quoted on the stock exchange. The law has established a clear distinction between the actors who are involved in the company, with regard to the distribution of risks. Shareholders should bear the risks (though the risks they bear are limited in certain companies), while employees are risk-free. The evolutions coming from both employment and company law tend to modify this traditional way of distributing risks in companies: more and more pressure is put on employees to shoulder some of the risks of production, either by buying shares in the company or by adapting their remuneration or their working hours to its financial and productive health. The distribution of risk is evolving towards a transfer of some of it to employees.

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