The Effect of Wellness Programs on Long-Term Contract Employees' Workplace Stress, Absenteeism, and Presenteeism

The quasi-experimental study reported in the present article is aimed at increasing the understanding of the effects of long-term contract employees participating in wellness programs. The reported study examines the effect (if any) that a wellness program has on workplace stress, absenteeism, and presenteeism for long-term contract employees participating in a wellness program. A one group pretest-posttest design was used. Convenience sampling was conducted in a hospital in the New York City Metro area. Data was collected from 19 participants. Paired sample t-test and a Wilcoxon signed-rank test were used to determine if there was a significant statistical difference before and after a dance aerobic exercise intervention. The instruments used to gather data were the Perceived Stress Scale (PSS) and the World Health Organization Health Performance Questionnaire (HPQ). The results indicated a statistical difference for workplace stress, but no statistical difference for absenteeism and presenteeism.

THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT

The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means that “an employer terminated a contract of employment with or without notice”. In order to fall within the ambit of this provision and benefit from the protections afforded by the LRA, an employee must prove that an overt act on the part of the employer has resulted in the termination of the employment contract (Ouwehand v Hout Bay Fishing Industries 2004 25 ILJ 731 (LC)). The onus then shifts to the employer to prove that the dismissal is both substantively and procedurally fair, failing which the employee will be entitled to theremedies afforded by section 193 of the LRA. However, not every termination of an employment contract constitutes a dismissal and a number of scenarios exist where an employment contract terminates lawfully by operation of law. The termination of a fixed-term contract by effluxion of time, termination of the contract due to supervening impossibility of performance and the attainment of a contractually agreed or implied retirement age all give rise to the lawful termination of an employment contract. Similarly the statutory “deemed-dismissal” provisions of application to employees in the public sector provide for the automatic termination of employment contracts in circumstances that the employee is absent without authorisation for a designated period of time. The effect of such automatic termination is that the employment contract terminates by operation of law and not by means of an act of the employer, resulting in the dismissal provisions of the LRA being legitimately circumvented. Labour-broking contracts typically include automatic termination clauses that provide for the automatic termination of employment contracts, between labour-brokers and their employees, when the broker’s client no longer requires the services of such employees. Similarly employers have sought to rely upon grounds of supervening impossibility of performance in order to argue that an employment contract has automatically terminated in the instance of absconding and imprisoned employees. This article will be examining the legality of the automatic termination of employment contracts in these contexts and the impact on employees’ rights to protection against unfair dismissal.

Casualization in Occupational Settings: An Investigative Study

Introduction: This research explored the Effects of Casualization on the Welfare of Workers using a de-identified multinational oil company in Nigeria as a representative case. Objectives: The objectives of the study were to examine the effects of casualization of workers, associated irregularity of work, and deprivation of workers’ right. Methodology: A close-ended questionnaire was used to collect primary data. Out of 150 copies of the questionnaire administered, 122 were dully filled, returned and analysed using descriptive statistics. Results & Discussion: Three hypotheses were proposed and analysed using multiple regression of ordinary least square (OLS) statistical method and tested at 0.05 level of significance for the hypotheses. The result showed that there were significant negative effects of casualization of workers for a short-term contract work, irregularity of casualization of work, and deprivation of workers right to negotiate. Conclusion: Hallmarks of casualization of labour include short term contract work; irregularity of work; and deprivation of workers’ right to negotiate adversely affects the welfare packages of workers. These practices have inherent occupational health implication on workers. Recommendations: Casualization of labour as seen in this study is a despicable model that should be discontinued. However, if it must be practiced, the human resources, industrial relations, labour union and occupational health experts in such organizations should repackage such contracts to include allowances, job security, negotiation rights, dignity, benefits and welfare clauses as in permanent full time employment.

Unilateral Modification of Long Term Contracts: American Change of Terms Clauses and Italian Ius Variandi from a ‘Relational’ Point of View

This article analyses the compromise required between certainty and flexibility in long-term contracts, which would appear to be intrinsically linked to the adoption of adjustment tools. The allocation of rights and risks at the beginning of a contract may include the enforceability of clauses which empowers one party to unilaterally amend the original terms of the contract. On the one hand, a right granted by a change of terms clause, if properly exercised, may allow both parties to obtain the most from a long-term contract. On the other, it is essential to provide limitations so as to avoid the result that this contractual dexterity gives an unfair advantage to one party to the detriment of the weaker party.

SUBMISSION OF LEVELS OF SERVICE AT GENERAL ROAD ROUTINE MAINTENANCE

The article deals with the problems of substantiation of service levels in long-term maintenance contracts of public roads. It has been established that the requirements for the operating condition of road elements in existing regulatory documents are rather complete, but they are unsystematized, which complicates the process of their processing in order to conclude a long-term contract for maintenance of roads. It has been determined that according to the world experience, the problem of substantiation of service levels should be considered with detail at the level of the individual defect. The research object is a long-term contract based on end-of-life performance (service levels) of public roads. The subject of research - levels of service - requirements for the operational state of general roads. The purpose of the study is to substantiate the levels of service in long-term contracts for the maintenance of public roads. Research methods - analysis and theoretical generalization of the world experience in substantiating service levels when implementing long-term maintenance contracts of roads. The conducted studies have shown that simulation modeling, in particular, the Monte Carlo method, should be used to solve the problem of substantiation of service levels. In this case, the indicators of the level of maintenance of the elements of roads should be set better than the maximum permissible in terms of ensuring safety, speed and comfort of motion and the requirements for the preservation of elements of roads.

Incentives in the gig economy

Fixed-term, contract-based employment is continuously spreading in the world. It has been given many names; in this paper it is termed the gig economy in the most comprehensive sense. We are going to present the basic features of the gig economy with special attention to short-term, incentive contracts affecting the relationship between employer and worker. In the gig economy employers use performance related wage to incentivise workers to work with the required intensity. By that incentive, employers also source out their risk to their workers whose wages and all their employment becomes uncertain. We are presenting in the paper that uncertainty arising out of short-term incentive contracts is the cause of many psychological and social ills.

Relationship between fixed and permanent labor contracts in Georgian and international law

This article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are written in Georgian labor Code. This article has for the main object to analyze these prerequisites strictly regulated by Georgian law, compare them to international labor documents and give recommendations to refi ne Georgian labor legislation. Under international law, under Social Charter, under COUNCIL DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP the fixed-term labor contract can be signed between two parties if there is an objective reason and this objective reason should be written in labor contract. Due to Georgian labor code there are five prerequisites to sign fixed-term labor contract. One of them is „another objective“ reason, which gives to employer the power to sign fixed-term labor contract with an employed with „another objective“ reason, the employer can use„ another objective reason“ without any obligation to prove why is he drafting the fixed-term contract with an employed person. According to this article the author tries to give recommendations to evaluate Georgian legislation and practice in labor law, gives the example of foreign country’s labor legislation and is trying to underline the need of good and fare interpretation of Georgian labor code about fixed-term labor contracts by Georgian court.