En constatant que la procédure de demande d'explications écrites en vigueur au sein de l'entreprise avait été mise en óeuvre à la suite de faits considérés comme fautifs, que le salarié devait ...répondre seul et immédiatement aux questions qui lui étaient posées, que tout refus de s'exécuter intervenant après une mise en demeure constitue un grief supplémentaire et pourrait à lui seul justifier une sanction et que le procès-verbal consignant les demandes formulées par l'employeur et les réponses écrites du salarié était conservé dans le dossier individuel de celui-ci, la cour d'appel, qui devait en déduire le caractère disciplinaire de cette mesure, a violé l'article L. 1331-1 du code du travail. Reproduced by permission of Bibliothèque de Sciences Po
A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are ...frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.
The 2008–2009 recession created major budgetary problems in US cities and states. Conservative Republicans who had triumphed in many state elections in 2010 introduced laws to weaken or eliminate ...public sector bargaining on the grounds that it contributed to the deficits and hampered government responses to the crisis. Unions and their allies fought back in an effort to preserve collective bargaining and unionism in its last stronghold in the country. This article finds that states with public sector bargaining laws have higher debt-to-state gross domestic product (GDP) ratios and slightly higher deficits than states without such laws, but that the dominant cause of the budgetary problem was the recession, and that unions gave sizable wage and benefit concessions to deal with the crisis. The main motivations for the attack appear to be political opportunism and ideological opposition to governments bargaining with their employees. The majority of citizens favored maintaining public sector bargaining. The backlash from unions and their supporters to the attack in two key states, Ohio and Wisconsin, was sufficiently vigorous to suggest that the long-run effects of the war on collective bargaining may boomerang against the opponents of unionization.
Summary
Non‐profit firms are often seen as workplaces where people not only work for money, but also find substantial satisfaction in the kind of work they do. Studies looking at compensating wage ...differentials, however, have only found limited support for this notion. In this paper, a novel approach is undertaken to compare the utilities of non‐profit and for‐profit employees, by using measures of job satisfaction. The results show that in both the United States and Great Britain over the 1990's, non‐profit workers were generally more satisfied with their jobs than for‐profit workers. The robustness of the results is explored in detail, and implications for the governance of non‐profit firms are shortly discussed.
Studies of how different work practices affect organizational performance have suffered from methodological problems. Especially intractable has been the difficulty of establishing whether observed ...links are causal or merely reflect pre-existing differences among firms. This analysis uses a national probability sample of establishments, measures of work practices and performance that are comparable across organizations, and, most important, a unique longitudinal design incorporating data from a period prior to the advent of high-performance work practices. The conclusion most strongly supported by the evidence is that work practices transferring power to employees, often described as "high-performance" practices, raise labor costs per employee, suggesting that they may raise employee compensation. Higher compensation is a cost to employers, although some statistically weak evidence points to these practices raising productivity. The authors find little effect of high-performance work practices on overall labor efficiency, which they measure as the output per dollar spent on labor.
The COVID-19 pandemic resulted in a mass exodus of India’s migrant workers from the cities back to the villages. This book explores the social conditions and concerns around health, labour, ...migration, and gender that were thrown up as a result of this forced migration. The book examines the failings of the public health systems and the state response to address the humanitarian crisis which unfolded in the middle of the pandemic. It highlights how the pandemic-lockdown disproportionately affected marginalised social groups – Dalits and the Adivasi communities, women and Muslim workers. The book reflects on the socio-economic vulnerabilities of migrant workers, their rights to dignity, questions around citizenship, and the need for robust systems of democratic and constitutional accountability. The chapters also critically look at the gendered vulnerabilities of women and non-cis persons in both public and private spaces, the exacerbation of social stratification and prejudices, incidents of intimidation by the administration and the police forces, and proposed labour reforms which might create greater insecurities for migrant workers. This important and timely book will be of great interest to researchers and students of sociology, public policy, development studies, gender studies, labour and economics, and law.
Purpose
– Research on conflict mediation presents a scattered, piecemeal understanding of what determines mediators’ strategies and tactics and ultimately what constitutes successful mediation. This ...paper presents research on developing a unifying framework – the situated model of mediation – that identifies and integrates the most basic dimensions of mediation situations. These dimensions combine to determine differences in mediator’s strategies that in turn influence mediation processes and outcomes.
Design/methodology/approach
– The approach used by this paper was twofold. First, the existing empirical literature was reviewed on factors that influence mediator’s behaviors. Based on the findings of this review, a survey study was conducted with experienced mediators to determine the most fundamental dimensions of mediation situations affecting mediators’ behaviors and mediation processes and outcomes. The data were analyzed through exploratory factor analysis and regression analysis.
Findings
– The results of the study show that four of the most fundamental dimensions of mediation situations include: low vs high intensity of the conflict, cooperative vs competitive relationship between the parties, tight vs flexible context and overt vs covert processes and issues. Each of these factors was found to independently predict differences in mediators’ behaviors and perceptions of processes and outcomes. These dimensions are then combined to constitute the basic dimensions of the situated model of mediation.
Originality/value
– The situated model of mediation is both heuristic and generative, and it shows how a minimal number of factors are sufficient to capture the complexity of conflict mediation in a wide range of contexts.
PDF
