The labour disputes of Chinese posted workers in the B&R countries

2020 ◽  
Vol 43 (1) ◽  
pp. 209-225
Author(s):  
Dong Yan ◽  
Yixuan Wu

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.

2015 ◽  
Vol 27 (2) ◽  
pp. 84-102 ◽  
Author(s):  
Debbie Vigar-Ellis ◽  
Leyland Pitt ◽  
Albert Caruana

Purpose – This paper aims to determine whether exploratory wine purchasing behaviour is affected by consumers’ objective and subjective wine knowledge. Design/methodology/approach – A questionnaire was developed using recognised scales for exploratory consumer tendencies, objective and subjective wine knowledge. The survey was administered using the MTurk platform. A factor analysis was first used to test the psychometric properties of the measures of the three constructs. Once the robustness of the measures was ascertained, cross-tabulations and testing via ANOVA’s of the demographics of age, gender, weekly wine consumption and education on the constructs was undertaken. In addition the causal relationship of subjective and objective wine knowledge on exploratory purchase behaviour was investigated via the use of multiple regression analysis. Findings – The results show that consumers with more real (objective) knowledge of wines are more likely to participate in exploratory wine purchasing. Objective wine knowledge is greatest amongst older consumers and those who consume more wine. Research limitations/implications – While attempts were made to limit biases due to the research approach, the results may lack generalisability because a US sample only, was used. Recommendations for future research extending the sample population as well as for changes to the question formats are suggested. Practical implications – The findings of this study have implications for wine marketers in that marketing strategies and activities (labelling, distribution, media, etc.) may need to be adapted depending on the exploratory purchasing behaviour and wine knowledge of their target customers. Originality/value – Exploratory wine acquisition behaviour is important to wine marketers. This behaviour encourages trial but, at the same time, impacts brand loyalty. This paper identifies the characteristics of consumers in terms of wine knowledge, consumption and demographics most likely to exhibit this behaviour and provides support for the need for marketers to identify these consumers and adapt their marketing activities targeting them.


2016 ◽  
Vol 29 (7) ◽  
pp. 786-800 ◽  
Author(s):  
Eva Söderström ◽  
Nomie Eriksson ◽  
Rose-Mharie Åhlfeldt

Purpose – The purpose of this paper is to analyze two case studies with a trust matrix tool, to identify trust issues related to electronic health records. Design/methodology/approach – A qualitative research approach is applied using two case studies. The data analysis of these studies generated a problem list, which was mapped to a trust matrix. Findings – Results demonstrate flaws in current practices and point to achieving balance between organizational, person and technology trust perspectives. The analysis revealed three challenge areas, to: achieve higher trust in patient-focussed healthcare; improve communication between patients and healthcare professionals; and establish clear terminology. By taking trust into account, a more holistic perspective on healthcare can be achieved, where trust can be obtained and optimized. Research limitations/implications – A trust matrix is tested and shown to identify trust problems on different levels and relating to trusting beliefs. Future research should elaborate and more fully address issues within three identified challenge areas. Practical implications – The trust matrix’s usefulness as a tool for organizations to analyze trust problems and issues is demonstrated. Originality/value – Healthcare trust issues are captured to a greater extent and from previously unchartered perspectives.


2014 ◽  
Vol 15 (2) ◽  
pp. 294-315 ◽  
Author(s):  
Sandra Cohen ◽  
Vassilios-Christos Naoum ◽  
Orestes Vlismas

Purpose – The purpose of this paper is to investigate the relationship of intellectual capital (IC) with the strategy of small-medium enterprises (SMEs) and their executive decisions regarding the strategy of their IC portfolio during a financial crisis. Design/methodology/approach – The analysis is informed by the responses of 162 Greek SMEs on a structured questionnaire. Greek SMEs constitute an appropriate research setting since they operate within an environment of economic recession, financial turbulence and operational uncertainty. Findings – Initial analysis indicates that SMEs’ strategic position seems to affect the composition of their IC portfolio, especially when a SME is strategically classified as Analytic according to Miles and Snow's (1978) typology. Moreover, Greek SMEs do not seem to follow the suggested by literature executive decisions for the strategic management of their IC portfolio. They apply on their IC components strategies that could be classified as “Act” or “Analyse” under Wissenzbilanz's typology (Bornemann and Alwert, 2007) regardless of the prospects for improvement expected for these IC components. Therefore, while SMEs seem to care about their IC, they do not manage it in a coherent and strategically beneficial way. Research limitations/implications – The study applies a novel methodology. By properly adapting the Wissenzbilanz's typology for IC executive decisions, it provides a research approach for collecting cross sectional firm data for IC executive decisions. A possible limitation but also an area for future research is to examine the implications of the relations between SMEs’ strategy and IC portfolio on SMEs’ financial performance. Practical implications – The practical implications of this study are twofold. First, managers should take into consideration that IC seems to be a strategic enabler even in periods of financial crisis and, thus, decisions regarding IC investments should not be abandoned. Second, SMEs tend to follow different than the recommended by literature executive decisions for the components of their IC portfolio. This might reduce the potential returns on IC investment. Therefore randomly investing in IC will not result in the expected benefits. Originality/value – The contribution of this study is that explores the relations of SMEs’ executive decisions in relation to the strategic management of their IC components as well as the influence that the strategic position of SMEs exerts on the composition of their IC portfolio during a financial crisis.


2018 ◽  
Vol 28 (2) ◽  
pp. 147-169 ◽  
Author(s):  
Kristina Heinonen

Purpose The current service landscape is increasingly dynamic, and consumers’ engagement in market-related behavior is constantly changing. Developments in technology further influence this continuous dynamism. Therefore, it is important to understand the factors that may cause different engagement valence, especially as only some consumers actively engage in online platforms. The purpose of this paper is to characterize factors that positively and negatively influence consumer engagement and suggest theoretical and managerial implications for the different factors that determine consumer engagement. Design/methodology/approach This paper conceptualizes factors that influence consumer engagement based on their characteristics (behavioral, emotional, and cognitive) and the type of influence (positive or negative). The study uses customer-dominant logic of service, which focuses on emancipated customers and idiosyncratic customer logic, rather than on provider-orchestrated customer experiences of brands, firms, or offerings. An abductive research approach is used to qualitatively explore consumer engagement in the context of online interest communities. Findings The study identifies the behavioral, emotional, and cognitive factors that positively and negatively determine consumer engagement in the context of online interest communities. Research limitations/implications Through the focus on customer logic, the study provides a detailed and nuanced view of factors that influence consumer engagement. Future research is needed to explore how this framework can be applied to other online communities and different service contexts. Practical implications The paper provides insights into the presence of an interest area in consumers’ lives. The study indicates how firms may be involved in consumers’ lives and how firms may create successful customer relationships based on consumer engagement. Originality/value This study enhances previous research in four ways: by characterizing factors that determine engagement, paying particular attention to its negatively valenced factors and examining the interplay of the factors that positively and negatively influence engagement, by describing consumers’ connection to the interest area instead of positioning the brand as the link between the consumers and the provider, and by discussing the theoretical and practical challenges associated with understanding and managing consumer engagement.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mark Francis ◽  
Ron Fisher ◽  
Malin Song

Purpose To consider how quality should be conceptualized to improve understanding for researchers and practitioners, some researchers have discussed quality in terms of an essence or necessary condition. Others have regarded quality as individual and experiential, based on differences in actors’ conceptions of quality. This paper aims to resolve the tension caused by these competing views and propose an appropriate method for future research in the area of quality. Design/methodology/approach In many studies, researchers have attempted to understand quality in terms of necessary conditions or through a dualistic ontology. At the same time, an increasing number of researchers have emphasized its experiential nature while discussing quality in conjunction with meeting customers’ expectations. This study investigates how quality can be understood using a conceptual framework based on family resemblances. Findings There is no necessary condition or essence by which quality may be conceptualized or defined. This finding resolves the tension that has arisen from the simultaneous search for a common feature and the assertion that quality is experientially created by individuals. The research also highlights that the nature of quality may differ between people, time and place, or some aspects of it may be the same. Regarding quality in terms of family resemblances accommodates actors’ different conceptions of quality. Phenomenography is proposed as an appropriate research approach with its focus on the qualitatively different ways in which actors make sense of phenomena in their lifeworld. Research limitations/implications Understanding quality as a family of attributes, and using phenomenography as method, provides methodological clarity to long-standing research issues. Using the approaches outlined in this study will enable empirical studies of quality, in any context, to be conducted soundly and relatively quickly. It will also provide a more inclusive and holistic set of meanings based on the experiences of individuals. Practical implications The research provides important insights for researchers and practitioners through clearer conceptions of quality. These include the ability to plan and deliver business outcomes that are more closely aligned with customers’ expectations. Understanding the conceptions of quality, as experienced and determined through family resemblances, has clear implications for researchers and practitioners. Originality/value Understanding actors’ conceptions of quality through the lens of family resemblances resolves long-standing research issues. Using phenomenography as method is innovative, as it is an emerging research approach in the business domain.


2014 ◽  
Vol 21 (2) ◽  
pp. 300-311 ◽  
Author(s):  
Belle Selene Xia ◽  
Peng Gong

Purpose – The purpose of this paper is to explore the role of business intelligence (BI) in a consulting company. The authors propose to analyze quality through data analysis and efficiency under different business contexts. The best processes and tools in data mining are also explored. Design/methodology/approach – Management perspectives of data analysis from Florilla Consulting Company are collected using an inductive research approach. Based on a large sample of qualitative data, cost-and-benefit analysis is used to assess the BI technologies as a strategic necessity to Florilla Consulting Company. Findings – Findings classify the best processes and tools of data analysis under different business scenarios. The authors also propose a revised process and tools for Florilla Consulting Company to be further evaluated by future research. Practical implications – The insights offered in this paper derives authentic value for any consulting company that is interested to benefit from the opportunities bought by the BI technologies. Quality management also gets a new dimension when technology is integrated into business. Originality/value – This study has challenged the way quality is managed in Florilla Consulting Company. The connection of BI to quality management is explored via an empirical study of a consulting company by linking theory with practice.


2018 ◽  
Vol 37 (4) ◽  
pp. 363-371 ◽  
Author(s):  
Annie Yeadon-Lee

Purpose A fundamental assumption within action learning is that learning only occurs through participation, reflection and action. Revans maintains that individuals will fail to understand the “how” of an experience until they have experienced it for themselves, i.e. “learned by doing”. The purpose of this paper is to postulate that Revans’ second phase of action learning, the reflection phase can, in situations where participation is not possible, be enhanced through reflective vicarious learning (RVL) or learning from the behaviour of others. Design/methodology/approach This paper adopts a desk research approach review of the literature. Findings The authors maintain that Revans’ concept of “learning by doing” in the context of the goldfish bowl exercise can enhance an individual’s insight through RVL or learning from the behaviour of others. Research limitations/implications The paper is limited in some respects as it focusses on the viewpoint of the author coupled with the literature. Future research could explore participant voices to add an extra dimension to the work. Practical implications In terms of utility for others, this paper is useful for developing an understanding of the differing learning opportunities that RVL and action learning combined can offer. As such, it has meaning for action learning facilitators, set members, academics and educational consultants. Originality/value This papers originality is that it seeks to enhance Revans’ proposition by illustrating how RVL in the second phase of action learning can enhance an individual’s learning in situations where participation is not possible.


2019 ◽  
Vol 25 (3) ◽  
pp. 378-396 ◽  
Author(s):  
Arian Razmi-Farooji ◽  
Hanna Kropsu-Vehkaperä ◽  
Janne Härkönen ◽  
Harri Haapasalo

Purpose The purpose of this paper is twofold: first, to understand data management challenges in e-maintenance systems from a holistically viewpoint through summarizing the earlier scattered research in the field, and second, to present a conceptual approach for addressing these challenges in practice. Design/methodology/approach The study is realized as a combination of a literature review and by the means of analyzing the practices on an industry leader in manufacturing and maintenance services. Findings This research provides a general understanding over data management challenges in e-maintenance and summarizes their associated proposed solutions. In addition, this paper lists and exemplifies different types and sources of data which can be collected in e-maintenance, across different organizational levels. Analyzing the data management practices of an e-maintenance industry leader provides a conceptual approach to address identified challenges in practice. Research limitations/implications Since this paper is based on studying the practices of a single company, it might be limited to generalize the results. Future research topics can focus on each of mentioned data management challenges and also validate the applicability of presented model in other companies and industries. Practical implications Understanding the e-maintenance-related challenges helps maintenance managers and other involved stakeholders in e-maintenance systems to better solve the challenges. Originality/value The so-far literature on e-maintenance has been studied with narrow focus to data and data management in e-maintenance appears as one of the less studied topics in the literature. This research paper contributes to e-maintenance by highlighting the deficiencies of the discussion surrounding the perspectives of data management in e-maintenance by studying all common data management challenges and listing different types of data which need to be acquired in e-maintenance systems.


2014 ◽  
Vol 29 (2) ◽  
pp. 131-152 ◽  
Author(s):  
Claus Holm ◽  
Frank Thinggaard

Purpose – The authors aim to exploit a natural experiment in which voluntary replace mandatory joint audits for Danish listed companies and analyse audit fee implications of using one or two audit firms. Design/methodology/approach – Regression analysis is used. The authors apply both a core audit fee determinants model and an audit fee change model and include interaction terms. Findings – The authors find short-term fee reductions in companies switching to single audits, but only where the former joint audit contained a dominant auditor. The authors argue that in this situation bargaining power is more with the auditors than in an equally shared joint audit, and that the auditors' incentives to offer an initial fee discount are bigger. Research limitations/implications – The number of observations is constrained by the small Danish capital market. Future research could take a more qualitative research approach, to examine whether the use of a single audit firm rather than two has an effect on audit quality. The area calls for further theory development covering audit fee and audit quality in joint audit settings. Practical implications – Companies should consider their relationship with their auditors before deciding to switch to single auditors. Fee discounts do not seem to reflect long-lasting efficiency gains on the part of the audit firm. Originality/value – Denmark is the first country to leave a mandatory joint audit system, so this is the first time that it is possible to study fee effects related to this.


2015 ◽  
Vol 36 (2) ◽  
pp. 216-235 ◽  
Author(s):  
Carlos Gradín ◽  
Olga Cantó ◽  
Coral del Río

Purpose – The purpose of this paper is to analyze the different dynamic characteristics of unemployment in a selected group of European Union countries during the current Great Recession, which had unequal consequences on employment depending on the country considered. Design/methodology/approach – The paper follows Shorrocks’s proposal of a duration-sensitive measure of unemployment, and uses cross-sectional data reported by Eurostat coming from European Labour Force Surveys. Findings – The results add some evidence on the relevance of incorporating spells’ duration in measuring unemployment, finding remarkable differences in unemployment patterns in time among European countries. Research limitations/implications – In this paper unemployment is analyzed for all the labor force. Future research should investigate patterns across specific groups such as young people, women, immigrants or the low skilled. Practical implications – It is generally accepted that the negative impact of unemployment on individual welfare can be very different depending on its duration. However, conventional statistics on unemployment do not adequately capture to what extent the recession is not only increasing the incidence of unemployment but also its severity in terms of duration in time of ongoing unemployment spells. The paper shows an easy and practical way to do it in order to improve the understanding of the unemployment phenomenon, using information usually reported by statistical offices. Originality/value – First, the paper provides a tool for dynamic analysis of unemployment based on reported cross-sectional data. Second, the paper demonstrates the empirical relevance of considering spells’ duration when assessing differences in unemployment across countries or in unemployment trends. This is usually neglected or only partially addressed by most conventional measures of unemployment.


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