The Employment Contract and the Changed World of Work
Title | The Employment Contract and the Changed World of Work PDF eBook |
Author | Stella Vettori |
Publisher | CRC Press |
Total Pages | 237 |
Release | 2016-03-23 |
Genre | Social Science |
ISBN | 1317034201 |
The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.
Rethinking Workplace Regulation
Title | Rethinking Workplace Regulation PDF eBook |
Author | Katherine V.W. Stone |
Publisher | Russell Sage Foundation |
Total Pages | 438 |
Release | 2013-02-14 |
Genre | Business & Economics |
ISBN | 1610448030 |
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Are Generational Categories Meaningful Distinctions for Workforce Management?
Title | Are Generational Categories Meaningful Distinctions for Workforce Management? PDF eBook |
Author | National Academies of Sciences, Engineering, and Medicine |
Publisher | National Academies Press |
Total Pages | 177 |
Release | 2020-11-21 |
Genre | Business & Economics |
ISBN | 0309677327 |
Headlines frequently appear that purport to highlight the differences among workers of different generations and explain how employers can manage the wants and needs of each generation. But is each new generation really that different from previous ones? Are there fundamental differences among generations that impact how they act and interact in the workplace? Or are the perceived differences among generations simply an indicator of age-related differences between older and younger workers or a reflection of all people adapting to a changing workplace? Are Generational Categories Meaningful Distinctions for Workforce Management? reviews the state and rigor of the empirical work related to generations and assesses whether generational categories are meaningful in tackling workforce management problems. This report makes recommendations for directions for future research and improvements to employment practices.
Employment Contracts
Title | Employment Contracts PDF eBook |
Author | Jan Kemp Nel (Jnr) |
Publisher | KR Publishing |
Total Pages | 228 |
Release | 2021-05-03 |
Genre | |
ISBN | 9781869228996 |
Employment Contracts for The New World of Work deals with the employment contract in South Africa and the importance of this document as the foundation of the commercial relationship between the employee and the employer. It describes the nature and relevance of the contract of employment, the essential components and conclusion of the contract, the legislative framework and aspects related to breaches of the contract, as well as repudiation and the termination of the contract. The authors discuss employment issues as they relate to the 'new normal', including topics such as Remote and Hybrid Working, and the effect this has had on managerial control and authority. Employment Contracts for The New World of Work provides practical assistance and information to the entrepreneur, business owner, front-line manager, trade union representative and official, who is, no matter how experienced, always in need of a quick reference guide and source of knowledge. Content includes: - Identifying the Parties to The Contract - The Legislative Framework - The Contract of Employment: Formation, Contents and Format - Termination of Employment - Pushing the Frontiers of Traditional Employment - Working from Home (WFH) And Hybrid Working - Repudiation Breaches of Contract and Remedial Rights - Disputes and Dispute Processes Including a free Toolkit with Sample Contracts, Guidelines, Policies, Procedures and Statutory Regulations.
The Changing Nature of Work
Title | The Changing Nature of Work PDF eBook |
Author | National Research Council |
Publisher | National Academies Press |
Total Pages | 376 |
Release | 1999-09-07 |
Genre | Business & Economics |
ISBN | 0309172926 |
Although there is great debate about how work is changing, there is a clear consensus that changes are fundamental and ongoing. The Changing Nature of Work examines the evidence for change in the world of work. The committee provides a clearly illustrated framework for understanding changes in work and these implications for analyzing the structure of occupations in both the civilian and military sectors. This volume explores the increasing demographic diversity of the workforce, the fluidity of boundaries between lines of work, the interdependent choices for how work is structured-and ultimately, the need for an integrated systematic approach to understanding how work is changing. The book offers a rich array of data and highlighted examples on: Markets, technology, and many other external conditions affecting the nature of work. Research findings on American workers and how they feel about work. Downsizing and the trend toward flatter organizational hierarchies. Autonomy, complexity, and other aspects of work structure. The committee reviews the evolution of occupational analysis and examines the effectiveness of the latest systems in characterizing current and projected changes in civilian and military work. The occupational structure and changing work requirements in the Army are presented as a case study.
Employment Relations in the 21st Century
Title | Employment Relations in the 21st Century PDF eBook |
Author | Valeria Pulignano |
Publisher | Kluwer Law International B.V. |
Total Pages | 295 |
Release | 2019-11-07 |
Genre | Law |
ISBN | 9403518200 |
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Alternative Means to Regulate the Employment Relationship in the Changing World of Work
Title | Alternative Means to Regulate the Employment Relationship in the Changing World of Work PDF eBook |
Author | Maria-Stella Vettori |
Publisher | |
Total Pages | |
Release | 2013 |
Genre | |
ISBN |
Advancing technology has caused rapid and dramatic changes in the world of work. Labour law systems grounded in the industrial era, with their emphasis on collective bargaining, are not suitable in today's world of work. Throughout the world, the atypical employee is replacing the standard or typical employee whose terms and conditions of employment were generally regulated by collective agreements. Atypical employee's terms and conditions of employment generally are not regulated by collective agreements. World wide trends in the decentralisation of collective bargaining, decollectivisation and individualisation of the employment relationship have contributed to a decline in trade union power and influence. Consequently the number of workers covered by collective agreements has decreased. Collective bargaining has been rendered less effective because of the changing the world of work. The South African labour law system places a huge emphasis on collective bargaining, particularly at industry level, for the protection of employee interests. Given these trends in the changing world of work, the appropriateness of this emphasis on industry or central level collective bargaining is questioned. The vacuum left by the inadequacy and inability of trade unions to protect employee interests in a comprehensive manner by means of collective bargaining, needs to be addressed. The following alternative means of protecting employee interests are considered: (i) The socialisation of the law of contract: (ii) the interpretation given to the constitutional right to fair labour practices: and (iii) the role of good corporate governance and corporate social responsibility. These alternative means of addressing legitimate employee interests could play a role in filling the vacuum created by trade union decline. The South African law of contract is capable of bridging the gap between law and justice by the application of the concepts of good faith and public policy, so that employment contracts may take cognisance of employee interests despite the imbalance of power between employer and employee. The protection of worker interests by means of the constitutional right to fair labour practices depends on the judge's interpretation of what is fair. Implementation of good corporate governance codes can be influential in protecting and promoting employee interests.