Workplace Regimes and the Governance of the Employment Relationship PDF Download
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Author:
Publisher:
ISBN:
Category : Industrial management
Languages : en
Pages : 21
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Book Description
Author:
Publisher:
ISBN:
Category : Industrial management
Languages : en
Pages : 21
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Book Description
Author: Valeria Pulignano
Publisher: Kluwer Law International B.V.
ISBN: 9403518200
Category : Law
Languages : en
Pages : 295
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Book Description
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.
Author: Kenneth Glenn Dau-Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In the last three decades, the American labor market has undergone a dramatic transformation that has heralded enormous change in the governance of the workplace. The development of new information technology and the rise of the global economy have decentralized firm decision-making and brought the market into the firm in ways that have not previously been experienced. These changes have made possible a new flexibility in many production methods which allows the vertical disintegration of firms, compartmentalization of production and the out-sourcing of work on the global market. Firms can now organize production on a global scale, coordinating parts production with suppliers from across the globe, assembling engines and transmissions in Asia, and doing final assembly in consumer countries, using subcontracted or temporary labor. As a result, the paradigmatic employment relationship in the United States, and other developed countries, has moved away from a long-term relationship governed by internal labor market rules within a centralized managerial structure, toward a short-term relationship governed by international labor markets in a decentralized managerial structure. This transformation in the labor market has contributed to the decline of union representation in America. The decline of hierarchical management and the role of internal labor market rules has robbed unions of some of their traditional function of representing employees within this hierarchy. Indeed, the new systems of decentralized management, employee involvement and subcontracting, combined with same very generous Supreme Court interpretations of the managerial and supervisory exemptions under the National Labor Relations Act (NLRA) have left from 31- 40% of employees uncovered by the Act. At the same time, the rise of the global labor market and the movement of manufacturing jobs overseas has undermined unions' bargaining power. American unions are representing less and less people, and bringing less clout to bear at the bargaining table. As a result, more and more American workers find themselves in a system of workplace governance based on individual contract within a context of common law rules and state and federal legislation rather than collective bargaining. Moreover, the development of the new information technology, the rise of the global economy and the corresponding decline of unions has lead employers to negotiate or impose different terms in individual employment contracts. With the decline of long-term employment, employers have sought to protect their investments in training and intellectual property by requiring covenants not to compete and follow-on clauses, while attaining greater flexibility in the employment relationship by reducing expectations of job tenure and deferred benefits. Additionally, as union representation has declined in the private sector, employee litigation has come to loom large in the minds of employers and they have turned to alternative methods of dispute resolution to avoid litigation and communicate with their employees even in the absence of a union. In particular, the practice of arbitration pursuant to individual employment contracts, or employment arbitration, has grown, encouraged by legislation and court decisions favoring the procedure. Finally, perhaps in response to the decline of employee rights in the new economic regime, in recent years there has been a modest erosion of the traditional common law doctrine of employment-at-will that undergirds the American system of individual contract. In the last three decades, courts in many jurisdictions have developed common law exceptions to the employment-at-will doctrine for discharges in violation of public policy, public duty, implied contract and the implied covenant of good faith and fair dealing. At the same time, many state legislatures have passed statutes protecting employees from discharge in certain cases. These common law and statutory exceptions have circumscribed an outline of basic common law protection against the worst abuses of employer power in the system of individual contract. In this essay, we will set forth an empirical outline of the contemporary individual contract regime of workplace governance regime in the United States. Because of the breadth and diversity of the individual contract regime, this description cannot be exhaustive. We focus almost exclusively on what is known about the contents of individual contracts for employment and recent common law and statutory restrictions on the employment at-will doctrine. Where appropriate we will make comparisons with the employee rights and procedures that exist under workplace governance through collective bargaining. In this way we hope to provide a brief description of what is currently known about the contours of this regime and how it varies from the regime of collective bargaining in order to provide a basis for further research.
Author: Howard Gospel
Publisher: Oxford University Press
ISBN: 0191532533
Category : Business & Economics
Languages : en
Pages :
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Book Description
This book is about the relationship between corporate governance regimes and labour management. It examines how finance and governance influence employment relationships, work organization, and industrial relations by means of a comparative analysis of Anglo-American, European, and Japanese economies. The starting point is the distinction widely found in the corporate governance, business systems, and political economy literature between countries dominated by 'shareholder value' conceptions of corporate governance and those characterized by 'stakeholder' regimes. By drawing on a wide range of countries, the book is able to demonstrate the complexities of corporate governance arrangements and to present a more precise and nuanced exploration of the linkages between governance and labour management. Each country-based chapter provides an analysis of the evolution and key characteristics of corporate governance and then links this to labour management institutions and practices. The chapters cover the United States, United Kingdom, Japan, Australia, France, Germany, Italy, Netherlands, and Spain, with each written by a leading academic expert in the field. By providing a historical review of the evolution of national systems, the contributors provide judicious evaluations of the current state and future direction of national governance and labour relations systems. Overall, the book goes beyond the 'complementarities' between governance and labour management systems identified in recent literature, and attempts to identify causal relationships between the two. It shows how labour management institutions and practices may influence finance and corporate governance systems, as well as vice versa The contributions to this book illuminate current debates about the determinants of corporate governance, the convergence of national 'varieties of capitalism', and the impact of corporate governance on managerial behaviour. The book highlights the complexities of corporate governance systems and refines the distinction between market/outsider and relational/insider systems.
Author: Michael J. Piore
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article challenges prevailing views about the collapse of the New Deal industrial relations system and the role of the market. It argues that the old system has been replaced not by the market but by an employment rights regime, in which the rules of the workplace are imposed by law, judicial opinions, and administrative rulings, supplemented by mechanisms at the enterprise level that are responsive to the law but also are susceptible to employee pressures, both individual and collective. The emergence of this regime is the product of a shift in the axes of social and political mobilization from mobilization around economic identities rooted in class, industry, occupation, and enterprise to identities rooted in the society outside the workplace: sex, race, ethnicity, age, disability, and sexual orientation. The shift in the axes of mobilization in turn reflects the collapse of the underlying model of social and economic organization upon which the collective bargaining regime was built and more fundamentally a shift in our understanding of the nature of industrial society and its direction of evolution in history. This interpretation poses a challenge to the conceptual tools used in industrial relations to understand the issues of work and to frame the public policy debate. We conclude with some suggestions as to the direction in which we might move to provide an alternative conceptual framework.
Author: Thomas Amossé
Publisher: Springer
ISBN: 1137574194
Category : Business & Economics
Languages : en
Pages : 315
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Book Description
This comprehensive study provides a perceptive portrait of workplace employment relations in Britain and France using comparable data from two large-scale surveys: the British Workplace Employment Relations Survey (WERS) and the French Enquête Relations Professionnelles et Négociations d’Entreprise (REPONSE). These extensive linked employer-employee surveys provide nationally-representative data on private sector employment relations in all but the smallest workplaces, and offer a unique opportunity to compare and contrast workplace employment relations under two very different employment regimes. An insightful read for all academics and students of employment, the findings also have implications for practitioners and policy-makers keen to identify and promote “best practice”.
Author: Susan Milner
Publisher: Bloomsbury Publishing
ISBN: 1137353694
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
Comparative Employment Relations explores the interconnectedness of contemporary European economies by examining employment relations in three key European countries: France, Germany and Britain. It offers an in-depth comparative analysis of the issues that stand at the heart of employment relations: pay and working conditions and how these are determined, power relations between capital and labour, how employment should be regulated, and what role the state plays. Key benefits: - Written in an engaging and accessible style - Offers a unique systematic comparison between the three countries - Handles complex theoretical concepts in a straightforward and innovative way. This book fills the gap between single country studies of employment relations and more broad-brush multi-country approaches, making it ideal for both undergraduate and postgraduate students studying employment and industrial relations.
Author: A. Wilkinson
Publisher: Springer
ISBN: 0230349420
Category : Business & Economics
Languages : en
Pages : 395
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Book Description
EPUB
Author: Elizabeth Anderson
Publisher: Princeton University Press
ISBN: 0691192243
Category : Philosophy
Languages : en
Pages : 222
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Book Description
Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Author: Bruce E. Kaufman
Publisher: Cornell University Press
ISBN: 9780913447703
Category : Business & Economics
Languages : en
Pages : 570
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Book Description
Ever since the emergence of industrial relations as a field in the late 1920s, three different approaches to labor problems have been focal points for research and debate, according to Bruce E. Kaufman. What he refers to as "employers" solutions involve personnel management; workers rely on unionism and collective bargaining; and the third component, the community, depends on government regulation in the form of protective labor legislation and social insurance programs. Kaufman contends that government regulation has contributed significantly to the remarkable progress made during the twentieth century in achieving a more productive and humane workplace. As labor problems have changed, debate about the efficacy of government regulation has continued. In this volume, some of the most distinguished scholars in industrial relations frame the current issues, develop theoretical insights, and provide an objective review of the empirical evidence.
