Employment Relationship Research Papers - Academia.edu (original) (raw)

The advent of transportation network companies (TNC) — such as Uber and Lyft — has presented the TNCs with tremendous legal issues. These companies face civil actions in numerous jurisdictions across the nation. Most significant are the class action suits in California federal courts; these courts have been asked to determine the employment relationship between a TNC and its drivers. TNCs claim the drivers are independent contractors, but drivers allege they are employees and as such are entitled to certain protections accorded by federal and state law. The purpose of this article is to analyze and compare California and Texas case law to predict each respective state’s court or jury’s determination; the implications of such a decision are also discussed. The law of both states would show the relationship between TNCs and their drivers to be that of an employer and employee, but for differing reasons.

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- Contracts, Employment Law, Contract Law, Social Justice

The article examines the question of who should be considered the legal employer in triangular employment relationships. It is argued that outsourcing of employer responsibilities to temporary work agencies is illegitimate with regard to long-term employees and must be curtailed; further, that even in the case of short-term ('traditional') employment through agencies, there is reason to place some employer responsibilities with the user firm. The suggested solution supports regulations directed at preventing agency employment abuse, as currently exist in some European countries, but at the same time would place employer responsibilities with both agency and user firm, jointly and severally.

- by Guy Davidov
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- Employment Law, Labour Law, Work and Labour, Labor law
- by Koen Nevens
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- Employment Law, Employment Relationship
- by Guy Davidov
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- Employment Law, Employment Relations, Labour Law, Work and Labour

This article will provide a general understanding of constructive dismissal in terms of Maltese Employment Law. The author shall delve into the development of the notion, its applicability within the industry, along with an understanding... more

This article develops a context-sensitive approach to analyse how and why voice operates in small- to medium-sized enterprises (SMEs), an area that remains under-theorised and under-researched. By building on a priori frameworks with proven ability to unpack complexity and take account of the wider context of SMEs, this article explores how resources (human and social capital) and constraints (product market, labour market and strategic orientation) interact to shape voice practices. The article finds significant differences between ‘reported’ compared with ‘actual’ practices in situ, and identifies different types of firms (‘strategic market regulation’, ‘strategic market-led’ and ‘non-strategic market-led’) along with the factors that influence the form and practice of voice. Overall, the article argues that researchers should further pursue research that appreciates the layered nature of ontology and the role played by firm context to explain complex organisational phenomena, if we are to advance our understanding of voice practices in SMEs and beyond.

- by Mark Gilman and +1
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- Employment Relations, Human Resource Management, Strategic Human Resource Management, Small and Medium-scale Enterprises

See here the book introduction

- by Guy Davidov
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- Employment Law, Employment Relations, Labour Law, Work and Labour

Professional Football Player Contracts are contracts made between professional football players and football clubs. These contracts are accepted as employment contracts because of employment relationship between the players and the clubs. However, employment relationship between the players and the clubs doesn’t last forever. The contracts may end automatically or may be terminated by the players and/or the clubs. There are a number of results that may arise as a result of the termination of the contract. In case of disputes arising from employment relationship between the players and the clubs competent judicial authority and the applicable law may vary by the nationality of the player and by the choice of the parties of the contract.

- by Yakub Kızılkaya
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- Sports Law, International Sports Law, Employment Relationship, Football Player

see here the detailed table of contents and the introduction

- by Guy Davidov
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- Employment Law, Employment Relations, Labour Law, Work and Labour

En este paper se investigan las sentencias judiciales que han calificado como contrato d trabajo o trabajo autónomo el trabajo en plataformas digitales y los argumentos esgrimidos por estas sentencias. Por otra parte, se hace una propuesta sobre la mejor forma de abordar la protección de los trabajadores de plataforma desde el punto de vista de los derechos laborales y su protección social: la de extender estos derechos y los niveles de protección social de los trabajadores dependientes a los trabajadores autónomos.

Cybervetting—employers’ use of online information from social media and search engines to evaluate job candidates—may displace, supplement, or shape conventional personnel selection and employment relationships in unexpected ways. Analysis of 45 interviews suggests that typically extractive approaches to cybervetting have the potential to displace less recognized, yet valuable, relational functions of more interactive practices depending on the functions and values users apply to the adoption and use of particular information and communication technologies. These findings highlight the need to consider how people implicitly and explicitly compare the functions of emerging technology-enabled practices with conventional organizational practices and salient values to understand when an emerging practice may displace, supplement, or have no effect on a conventional practice. This study offers a preliminary framework for understanding how emerging sociotechnical practices evolve and with what effects, thereby providing insight into information and communication technology adoption and use beyond personnel selection contexts. It also suggests the emergence of a type of parasocial employment relationship should employers conflate interacting with applicants’ information with interacting with applicants themselves.

Tackling undeclared work is often less effective because there is a fragmented and uncoordinated approach across the multifarious government bodies responsible for tackling undeclared work and a limited involvement of social partners, as well as an incomplete range of policy measures used. To resolve this, a holistic integrated strategic approach has been proposed. This is where governments:
 Shift the objective from “reducing undeclared work” to “transforming undeclared work into declared work”;
 Develop a whole government coordinated approach and fully involve social partners, and
 Implement the full range of direct and indirect policy tools.
The aim of this study is to provide a baseline assessment of the progress of enforcement authorities in European countries towards adopting a holistic approach. To assess this, a questionnaire survey was sent to the 32 labour, tax and social security authorities participating in the European Platform tackling undeclared work (hereafter “the Platform”) in the 27 European Union member states plus Norway and Iceland (i.e., 28 labour authorities, 3 tax authorities and 1 social security authority). Responses were received from 23 labour authorities and 1 tax authority. This report evaluates the self-reported progress made.

- by Colin Williams
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- Labor Economics, Industrial Relations, Employment Relations, Labour Law

How is the division of labour between Western and Central Eastern European (CEE) sites developing in the automotive industry, and what impacts does it have on work models? The article examines these questions on the basis of case studies of major car producers and suppliers in Central Eastern Europe. From the point of view of Central Eastern Europe, the conditions for developing high road work models are favourable: the industrial capabilities have been upgraded since the 1990s, labour shortages put pressure on companies to improve working conditions, and relocation to other low-wage countries has so far been a minor threat. In Western Europe, the actors have responded to the competition from low-wage countries by adapting their work models, the most important elements of which are greater flexibility, an extension of working hours and a modest development of wages.

- by Ulrich Jürgens and +2
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- Automotive Industry, Outsourcing, Offshoring, and Insourcing Strategies, Central and Eastern Europe, Germany

The distinction between employees and independent contractors has been described as the “cornerstone” of labour and employment laws, but proves difficult to apply. This article is concerned with the question of who should be considered an “employee” in the context of protective labour and employment laws, i.e. what kinds of workers should be covered by such laws. The basic approach is purposive. It is argued that protective labour and employment laws share a general purpose, which can be used to articulate a general understanding of who should be considered an employee. The employment relationship can be likened to an integration of three axes: organizational, social/psychological and economic. Organizationally, employees are characterized by being subject to a structure of governance with democratic deficits. Socially/ psychologically, the employment relationship is characterized by the dependency of employees on the relationship for the fulfillment of certain social and psychological needs. And economically, employees are characterized by their reliance on the employment relationship, in the sense that they are unable to spread their risks. These Three Axes point to the vulnerabilities that put employees in need of protection and explain their inclusion within the ambit of protective regulations. The article then explores the practical implications of the thesis. At the legislative level, a typology of four categories (employees, dependent contractors, independent employees and independent contractors) is suggested as a tool to refine the scope of protective regulations according to the particular vulnerabilities of different workers. At the interpretive level, the Three Axes are offered as an overarching test, and existing lists of indicia are examined in their light. This general test may need to be adjusted in the context of specific regulations, depending on their more particular goals.

- by Guy Davidov
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- Employment Law, Employment Relations, Labour Law, Work and Labour

In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, and feminist movements. That theory was the basis for the abolition of the voluntary slavery or self-sale contract, the voluntary non-democratic constitution (pactum subjectionis), and the voluntary coverture marriage contract in today’s democratic countries. When understood in modern terms, that same theory applies as well against the voluntary self-rental or employment contract that is the basis for our current economic system.

- by David P Ellerman
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- Human Rights, Capitalism, Libertarianism, Classical Liberalism

With globalization, intellectual property has become one of the more profitable activities, leading to increasing of competition and elevating standard quality of intellectual goods. For such purposes, business enterprises started to hire inventors, thus leading to most of inventions being created under employment relationship. Although as frequent as it is, it cannot be said that it is regulated with consistence. If the comparison is made between Member States of the European Union, it can be concluded that there are plenty of different solutions on domestic level. Considering all discrepancies, the European Union does not have an easy task before itself when it comes to harmonization of this issue. In order to fully grasp the passive stance the European Union has taken on this issue, the author firstly reflected on the sources of law of patent protection in the EU and the lack of harmonization regarding basic principles on this matter. Later on, the author proceeded to analyze how this issue would be interpreted from the aspect of private international law. In the end, the author suggested some measures the EU can take. Here, the author also presented dilemmas that await the European Union on path of harmonization.

- by Stefan Despot
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- Intellectual Property, Employment Law, Patents, Employee Satisfaction

This is a chapter in a volume on "Reasonable Accommodation in the Modern Workplace", edited by Roger Blanpain and Frank Hendrickx (chapter 12).
The goal of this chapter is to consider – and justify – the expansion of the duty to accommodate in labour law. Section §12.02 explains the two basic parameters setting the breadth of the duty. One question is whether it takes the form of concrete duties in legislation (e.g., an employer must grant maternity leave after an employee gives birth) or rather includes also an open-ended general duty to do whatever can reasonably be done to accommodate. The other question is whether the duty applies to a specific group of people that are especially vulnerable or rather to many different groups of people, or even (ultimately) every employee. Otherwise put, do employers have to
accommodate every special need, or just specific needs such as those of workers with
disabilities? Section §12.03 argues that there is a gradual change (as a descriptive matter) towards expansion on both fronts: more open-ended duties and more reasons for accommodation (or: more groups of people possessing a right to enjoy accommodation). We draw on Israeli developments for the purpose of stylizing this process of change, but also give some examples from other countries. Section §12.04 justifies this development and calls for further expansion towards a universal duty to accommodate. We argue that such a change goes beyond the context of equality and reaches into the fundamental structure of the employment contract, deeply affecting the primacy of the managerial prerogative. Section §12.05 addresses some possible critiques.

- by Guy Mundlak and +1
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- Industrial And Labor Relations, Employment Law, DISCRIMINATION AT WORK, Labour Law

Most of the contemporary literature on Turkey’s industrial relations emphasises the impact of globalisation in bringing about fundamental institutional changes in the domain of industrial relations that have resulted in diminished capability of organised labour to act as an independent socioeconomic actor. However, what is often overlooked in these accounts is the historical continuity of insecurity as an embedded rationale in the institutions regulating industrial relations, the roots of which can be traced back to the first steps towards industrialisation following the establishment of the Republic of Turkey. The emergence of what I call the political economy of insecurity in Turkey was carried out by the generations of political actors to come and has had two far-reaching consequences in the domain of industrial relations. First, it distributed power between actors in favour of capital and the state. And second, with an exception of a couple of years, it served as an effective to...

Este artigo sustenta que os argumentos das plataformas digitais que poderiam justificar que seus trabalhadores não seriam empregados são baseados em mitos ou estão afastados da realidade. O estudo mostra a diferença entre plataformas que funcionam como marketplace e aquelas que fazem intermediação de trabalhadores, sendo estas também diferenciadas daquelas que prestam efetivamente outros serviços além da mera intermediação e que não podem, assim, ser consideradas instrumentos digitais de conexão entre clientes e de serviços. Argumenta-se, também, que não há ligação
obrigatória e necessária entre trabalho subordinado e rigidez de horário de trabalho e que o trabalho aferido por produção e por peça de há muito é utilizado. Também se mostra que o fato de poder negar trabalho, que não acontece verdadeiramente em grande parte das plataformas, não retira a condição de empregado e empregador.

- by David Du Toit
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- Sociology, Sociology of Work, Domestic workers, Outsourcing

This special issue seeks to bring leading edge international research together to advance critical questions and future research prospects concerning the nature, determinants and impact of HRM in the SME context. While there have been growing calls for more dedicated SME research (e.g. Festing, Harsch, Schäfer, & Scullion, 2017; Lai, Saridakis, Blackburn, & Johnston, 2016) progress has been hindered by a lack of critical assessments of the nature and applicability of HRM as applied to the SME context. Extant work on HRM in SMEs has been described as ‘underdeveloped and equivocal’ (Chadwick, Way, Kerr, & Thacker, 2013, p. 311) remaining at a very nascent stage of theory development (Barrett & Mayson, 2008). Many studies abstain from theoretical reflection and perpetuate a large firm bias, by either uncritically deploying established research instruments, and/or by casting the small firm as lacking or deficient if they fail to meet normative ideals. While some have found a positive relationship between a suite of HRM practices and SME performance (Razouk, 2011; Sheehan, 2014), for others the very idea that sophisticated, formal HRM adds value in an SME context ‘remains contentious’ (Bryson & White, 2019, p. 750).

- by Simon Raby
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- Small Business, Employment Relations, Contextualism, International HRM
- by Claire Wallace
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- Economics, Bulgaria, Czech Republic, Europe

Talent management refers to the anticipation of required human capital for an organization and the planning to meet those demands. Talent management is the science of using strategic human resource planning to improve business value and to make it possible for companies and organizations to reach their goals. Everything managed to recruit, retain, train, reward and work people perform forms a piece of talent management as well as strategic workforce planning. A talent-management strategy should link to business strategy to function more appropriately.

The Telework Agreement was signed by the European social partners (ETUC, UNICE/UEAPME and CEEP) on 16 July 2002 after eight months of negotiations. It is an autonomous framework agreement regulated through social dialogue, so it is a form of soft law. The Telework Agreement offers a range of implementation methods which have been used in the Member States. We have followed our national traditions by transposing the telework agreement into legislation. The submitted paper attempts to analyze the national regulatory framework of the status and working conditions of employees performing telework in the Slovak republic and examines how the Slovak legislator approaches the implementation of this phenomenon in the current world of work.

- by European Scientific Journal ESJ
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- Telework, Slovakia, Employment Relationship

This paper presents findings from a study that has explored how the lived experience of everyday Chinese workers influenced their struggle to improve their working conditions. We argue that because the consciousness of everyday Chinese workers remains at an embryonic level, their ability to campaign and change their working conditions remains constrained. We inform this argument by engaging with Foucault’s power–knowledge framework (1980). The study draws on original interviews with n = 74 Chinese workers gathered across two phases of data collection conducted between 2011 and 2014.

- by Elly Leung
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- Cultural History, Ethnography, Employment Relations, China studies

The question of who is (and who should be) covered by labour law is highly contested and often debated. The paper addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyze these problems. It begins by explaining the different aspects of labour law coverage and how all the branches of government are involved in setting it. It is then argued that we are currently facing a major coverage crisis in labour law. The concepts of universalism and selectivity, long used in the welfare state literature to describe possible methods for the delivery of benefits in terms of their coverage, are introduced and adapted to the labour law context. The paper then proceeds to make several arguments by using this new framework. First, a descriptive-historical argument: During the 20th Century there was a development from selectivity to universalism in labour law, and then back to selectivity of a different kind (regressive). Second, a normative argument: A balance must be struck between universalism and selectivity. Several proposals are offered to assist in achieving a better balance compared to the current situation in many countries. Finally, a critical argument: Some proposals to ‘expand’ labour law beyond the confines of the employment relationship are considered, showing the dangers of extreme universalism.

- by Guy Davidov
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- Employment Law, Labour Law, Work and Labour, Labor law

Randeree, K., Expats and Emiratisation: Plotting a Course for a Sustainable Future, The 2007 Gulf Conference, 4 - 7 July 2007, Institute of Arab & Islamic Studies, University of Exeter, UK. Middle Eastern countries are largely perceived... more

- by Kasim Randeree
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- Development Economics, Development Studies, Employment Law, Middle East Studies

Section 187 of the Labour Relations Act 66 of 1995 (LRA) sets out the grounds on which a dismissal will be regarded as automatically unfair. These include where an employee is dismissed for reasons which amount to unfair discrimination, including age.
Section 6(1) of the Employment Equity Act 55 of 1998 (EEA) proscribes unfair discrimination in the workplace. It provides that both direct and indirect discrimination against an employee on a number of listed grounds, including age, is forbidden.
The issue that arises is whether an employee who claims compensation for an automatically unfair dismissal in terms of s 187 of the LRA can also institute a claim for compensation and damages under the EEA for unfair discrimination on the basis of the same facts. This case note will consider this issue in the context of Hibbert v ARB Electrical Wholesales (Pty) Ltd (2013) 34 ILJ 1190 (LC).

Civil-law non-employment contracts are abused when employing Polish citizens and foreigners. Contrary to Poles, non-Polish citizens are exposed to linguistic difficulties (the law does not specify a standard of a translation of their contracts), and an application for Polish short-term simplified immigration employment system (a declaration on entrusting work to a foreigner in the territory of the Republic of Poland) does not contain information about differences between civil law and employment contracts. Based on a synthetic theoretical-conceptual analysis the author claims that Polish law exposes foreigners to a higher risk of discrimination. The article aims to prove that mismatch between excessively long court proceedings and short validity of residence permits, as well as linking validity of a visa with employment in a specific employer deprive foreigners from a possibility to effectively personally participate in court proceeding in their employment case. Previous analysis related to seasonal works performed by foreigners had not focused on the nature of the contracts. This article is, therefore, innovative research. It verifies if Polish law discourages employers from abusing civil contracts with such foreigners, if it is in line with the ILO Recommendation No. 198, and if it meets Polish constitutional standard regarding legal clarity. The innovativeness of the research theme can also be derived from the fact that although declarations are the most popular foreigner’s employment scheme in Poland and in the European Union, previous research have not focused on human rights of beneficiaries of the declaration scheme.

- by Piotr Sadowski
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- Civil Law, Employment Law, Human Rights Law, Human Rights

Uz pojavu globalizacije, poslovne aktivnosti zasnovane na intelektualnoj
svojini postale su veoma profitabilne, što je dovelo do povećanja konkurencije i povećanja standarda kvaliteta intelektualnih tvorevina. U te svrhe, preduzeća su počela da zapošljavaju stvaraoce, što je proizvelo da većina intelektualne svojine nastaje u radnom odnosu. Iako je postalo učestalo, ne može se reći da su rešenja uniformna. Štaviše, ovaj problem je možda i najčešći predmet sudskih sporova danas. Razlog tome može biti što rešenja niti su uniformna za sve intelektualne tvorevine, niti harmonizovana između zemalja na međunarodnom nivou. To je isto i slučaj sa Evropskom unijom.
Da bi se u potpunosti shvatio stav Evropske unije po ovom pitanju, autor je prvo analizirao izvore prava koji pokrivaju zaštitu komunitarnog dizajna. Kasnije je autor prešao na pitanja tumačenja postojećeg pravnog okvira koji reguliše određivanje nosioca prava nad komunitarnim dizajnom stvorenim u radnom odnosu. Na kraju je autor predstavio sudsku praksu Evropskog suda pravde relevantnog za ovaj problem.

- by Stefan Despot
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- Intellectual Property, Design, Employee Satisfaction, European Union
- by donella caspersz
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- Cultural History, Human Geography, Ethnography, Employment Relations
- by Nattaly López
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- Labor Migration, Women and Gender Studies, Employment Relationship
- by Christian Garland
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- Critical Theory, History, Economic History, Sociology

This research work focused on the labour market trends and the bottlenecks towards achieving decent work agenda in the Nigerian environment. The issues on decent work agenda have become an important concern both to industrial and labour relations actors, considering the state of economic crisis Nigeria is currently experiencing, as a result of corruption and mismanagement of the national economy coupled with the effect of declining crude oil prices internationally. All these culminating in depressing global economic meltdown. The study is purely based on qualitative method as it extracted secondary data from Global Competitiveness Report of 2013-2014 for its analysis. The findings amongst others show that decent work agenda and poverty reduction in Nigeria has not really achieved its set objectives, but as a programme, it continues to serve as guides for government policy-makers and private sector to enhance living conditions of employees, to measure and design appropriate policy and programmes for the populace. The study recommended that there is a need for governments at all levels to improve its personnel capacity in order to have the tenacity to enforce labour market regulations. There is also need for government at all levels to make the operations of labour and factories inspectorates to be corrupt free and be more responsive to the workers physical working conditions and plights. Finally, there is a need for government to take the issues of providing enabling environment serious since they are meant to bring people out of poverty circle.

In recent years, scholars have raised a number of arguments in opposition to the continued use of the employee/independent contractor distinction (and the concept of employee) in law. Four arguments merit attention: that the concept of employee serves to exclude some people who are not employees neither independent contractors; that basic assumptions at the heart of the distinction concerning inequality of bargaining power are no longer valid, if they ever have been; that the concept of employee is vague and indefinable; and that the classification into groups of workers is too rigid and should give way to context-specific determinations of the scope of each regulation. The purpose of this article is to examine the merits of these four arguments. It will be shown that none of them can justify abandoning the concept. At the same time, they all provide important and useful insights on the way this concept should be practically used.

- by Guy Davidov
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- Employment Law, Employment Relations, Labour Law, Work and Labour

- by David P Ellerman
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- Human Rights, Political Science, Capitalism, Libertarianism

Günümüzde gençlerin birçok alanda sorunları mevcuttur. Bunlar psikolojik, fizyolojik, ideo-lojik, ekonomik ve kuşaklar arası anlaşmazlıklar gibi sıralanabilmektedir. Ancak bu maka-lede daha çok gençlerin ekonomik ve sosyal alanda öne çıkan, işsizlik sorunu ele alınacak-tır. Genç işsizliği sorununun birçok nedeni bulunmaktadır. Gelecekte bu konu ile ilgili mü-cadelede doğru politikaların oluşturulması ve uygulanabilmesi için genç işsizliğinin neden-lerinin iyi anlaşılması önem arz etmektedir. Bu nedenle de çalışmamız da öncelikle genç issizliğinin nedenleri araştırılarak ortaya konmaya çalışılmıştır. Konusu itibari ile ülkelerin önemli gündem maddelerinden birini oluşturabilen gençlerin işsizlik konusu sadece ülkele-rin ekonomik olarak büyümesi ile de doğrudan ilgili değildir. Bu konu yapısı itibari ile geli-şen ve gelişmekte olan ülkelerin ortak bir sorunu haline gelmiştir. Bu nedenle her ülkenin, genç işsizliği ile mücadelede kendi ulusal politikalarını oluşturması veya var olan milli politikalarını daha etkin bir şekilde uygulamaları kaçınılmaz olmaktadır. Bu anlamda dünyada genel olarak kabul görmüş ulusal politikaların başında, eğitim politi-kaları ve aktif işgücü piyasası politikaları gelmektedir. Bu nedenle çalışmamızda eğitim politikaları ile birlikte aktif istihdam politikalarının gençlere yönelik uygulamaları incelene-cektir.

- by HACI YUNUS TAŞ and +1
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- Employment, Youth Unemployment, Employment Relationship, Career and Vocatinal Education
- by Christian Garland
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- Critical Theory, Industrial And Labor Relations, Information Systems, Robotics

In the real world of events, as opposed to philosophical statements of “should”, decisions about ends and means always come down to who, if anybody, is responsible for consequences. Where consequences are not clear for actors, and especially if consequences are not personal, almost any ends can be argued for, and almost any means might be rationalized.

- by Thorold (Thor) May
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- Management, Sociology, Economic Sociology, Political Sociology
- by Krzysztof Hajder
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- Education, Employment, Employment Relationship