Academic literature on the topic 'A change of an employment relationship on the side of an employer'

Zusammenfassung Der Beitrag befasst sich mit der „Beschäftigungsbegleitenden Unterstützung“ von Arbeitnehmern in öffentlich geförderter Beschäftigung und zeigt, dass es sich dabei um eine anspruchsvolle Dienstleistung an der Schnittstelle von aktiver Arbeitsmarkt- und Sozialpolitik handelt. Sie soll gleichermaßen beschäftigungsstabilisierende Aufgaben übernehmen und mittelfristig wirksame Veränderungs-und Bildungsprozesse initiieren und flankieren. In soziologischer Perspektive wird sowohl die Situationslogik für die geförderten Arbeitnehmer und ihre Unterstützer begrifflich-empirisch rekonstruiert und die folgenden Fragen adressiert: Worin besteht die Aufgabe der „ganzheitlichen, beschäftigungsbegleitenden Unterstützung“ im Rahmen geförderter Beschäftigung, durch welche Kontextfaktoren werden sie geprägt und was sind ihre Chancen und Risiken? Abstract: “Coaching” Within the Scope of Publicly Subsidized Employment. Concept, Functions and the Logic of the Situation The article deals with the subject of concomitant support of employees in publicly subsidized employment. It argues that this is a demanding service at the intersection of labour market and social policies. The support aims at the stabilisation of the employment relationship and is supposed to initialise processes of change and development on the side of the employee if necessary. Sociologically, it reconstructs the requirements of the task, the logic of the situation of the subsidized employees and as well of their supporters.

Abstract Background: Over 15,000 new cases of CLL are diagnosed each year in the U.S. Different treatment options exist, which vary in efficacy, side effects, and mode of administration. Little is known about the value patients place upon the different attributes of available CLL treatments. Objectives: To estimate patient preferences for CLL treatments and investigate the relationship between treatment preferences and cost. Methods: Patients with a self-reported physician diagnosis of CLL were recruited through a patient advocacy group to complete an online discrete-choice experiment (DCE) survey. The survey included 8 DCE questions in which respondents chose between pairs of hypothetical treatments for CLL. Each hypothetical treatment was defined by 5 attributes with several predefined levels; the attributes were progression-free survival (PFS; 10-60 months), diarrhea (none to severe), chance of severe infection (0-30%), chance of organ damage (0-8%), and mode and schedule of administration (pill versus intravenous administration). Treatment duration was not addressed independently and treatment cost was not included in the DCE. Random-parameters logit (RPL) was used to analyze the data and estimate patient preference weights for each attribute level in the survey. An importance score and minimum acceptable benefit score were calculated using results from the RPL model. Later, a cost attribute was added that included 2 hypothetical treatment profiles (Treatment A: 26 months of PFS, no diarrhea, 15% chance of serious infection, 8% chance of organ damage, IV once a month for 6 months, and lower cost; Treatment B: 60 months of PFS, mild/moderate diarrhea, 30% chance of serious infection, no chance of organ damage, daily pill for 60 months, and higher cost). Results from the RPL model were used to predict the share of respondents who would choose each treatment based on the DCE questions when cost was not a consideration, as compared with respondents' choices when cost was included. Results: 384 respondents recruited through LLS: 53% were female, 94% were white, and the mean age was 65 years. 57% had Medicare insurance, 53% of respondents had received financial aid and 40% reported difficulty in paying out-of-pocket costs for their medicines. In the DCE results, the attribute levels were ordered as expected, with respondents preferring better outcomes to worse. Within each attribute, all levels were statistically significantly different from each other (P ≤ 0.05). Attributes in the order of importance to patients as determined by DCE were PFS, chance of infection, chance of organ damage and the occurrence and severity of diarrhea. Mode of administration was the least important attribute. Although PFS had the highest importance score, the risk of adverse events was also highly important to patients; significant additional PFS was needed to offset patients' acceptance of worsening adverse events. For example, an increase in the chance of infection from 0% to 30% required an offset of 36 months of additional PFS. An increase in the chance of organ damage from 0% to 8% required an additional 26 months of PFS by the respondents. A tradeoff of 22 additional months in PFS is needed for a change from no diarrhea to severe diarrhea. Using results from the RPL model, it was predicted that 91% of respondents would choose Treatment B when cost is excluded from the treatment profile description. This was mainly driven by the better PFS attribute of Treatment B. When a modest cost difference was introduced ($75 more per month for treatment B), half of the patients chose treatment A. When this difference became larger ($400 more per month), the change in patient preference was even more pronounced; 74% chose option A. Conclusions: The most important attribute in the survey was PFS, however patients also indicated that increases in the risk of adverse events would require significant increase in PFS to offset that risk. Patients with CLL are sensitive to treatment costs and many reported difficulty in paying for their medications. Given the choice of treatments available to patients and the high cost of some treatments, physicians may want to explore their patients' preferences for different treatment features, including benefit-risk tradeoffs and out-of-pocket cost when selecting the best treatment strategies for patients. Disclosures Mansfield: RTI Health Solutions: Other: Research for this abstract was performed in the course of my employment at Research Triangle Institute d/b/a RTI Health Solutions, pursuant to a contract between my employer and the study sponsor, Genentech. RTI was compensated by the sponsor.. Masaquel:Roche: Equity Ownership; Genentech: Employment. Sutphin:RTI Health Solutions: Other: Research for this abstract was performed in the course of my employment at Research Triangle Institute d/b/a RTI Health Solutions, pursuant to a contract between my employer and the study sponsor, Genentech. RTI was compensated by the sponsor.. Li:Genentech: Employment; Roche: Equity Ownership. Reyes:Genentech: Employment; Roche: Equity Ownership.

In this autobiographical account of labor relations on the Montreal waterfront, Alexander C. Pathy gives an insider account of the volatile relationship between shippers and longshoremen. Pathy worked as a lawyer and then official of the influential Maritime Employers Association (MEA). The MEA was in the forefront in changing employment relations to better fit the introduction of technological changes brought on by containerization. As in most ports around the world, the introduction of containerization was riven with challenge and controversy. The Port of Montreal, and the lesser ports of Quebec City and Trois-Rivieres, shared this common experience. According to Pathy up to 1960 the respective ports had seen little strife. Indeed, it would seem that the relations between the two sides had been relatively amicable. This would change once ship owners and stevedores embarked on a rationalization scheme to make the loading and unloading of cargo that much more efficient and speedier. Beginning in 1960, negotiations became increasingly heated and hostile. Not least was the problem of language. In what could be best described as mutual ignorance the employers negotiated in English, while the union representatives, reflecting the membership, spoke in French. It was no wonder that misunderstandings could occur because of poor translation. But according to Pathy more than language, the principal point of conflict was perception. Each side brought to the table mutual suspicion and hostility. The problem Pathy contends was, “Each party did not see its glass half full but half empty.”(40) Therefore, negotiations over gang size, technological improvements, hiring methods, and union jurisdiction all became major issues of contention. Adding to the complexity of the situation was the role of Canadian government. Canadian industrial relations law gave the government a vital stake in the negotiations. Just as important, as both official and wildcat strikes broke out, the government scrambled to stabilize the situation as ships were diverted to US ports. The loss of trade and thereby revenue was seen as a critical impairment to the maritime economy.

This article will be devoted to the relations between loyalty and the rule of law under an employment relationship, previously defined terms, whether the loyal side of this legal relationship is always a party following the binding legal order, and if not then can one speak of the loyalty of one of the parties to the employment relationship to the other party of the employment relationship. The study will, therefore, be devoted to employee loyalty, but not only, it will also mention the loyalty of the employer to the employee and the effects of their mutual relations.

Since 1978, the government has been implementing programs to combat the underrepresentation of minorities in federal employment. However, representative bureaucracy literature has done little to examine the impact these initiatives are having on the workplace. This article examines the relationship between changes in representation and discrimination complaints. Increases in the ratio of minority and female employees predict an increase in the rates of race and sex-discrimination complaints, respectively. Increases in the ratio of Black/African American and Asian employees predict an increase in race-discrimination complaints. However, the ratio of employees ages 40 or above did not predict changes in age discrimination.

In 1977, the Council of the European Community unanimously adopted Directive 77/187/EEC on the approximation of laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of businesses. The first half of the 1970s had witnessed an ever increasing incidence of business restructuring throughout the territory of the Community. Concern over the possible impact of such structural changes on affected employees prompted the introduction of the Acquired Rights Directive, which, according to its preamble, had the primary purpose of providing ‘for the protection of employees in the event of a change of employer, in particular to ensure that their rights are safeguarded’. In the event that a transfer of an undertaking results in a change of employer, the directive provides for the automatic transfer of the employment relationship from the old employer (the transferor) to the new employer (the transferee).

Purpose – The purpose of this paper is to use a linked employer-employee data set, the National Employment Survey, to examine the determinants of organisational change and employee resistance to change and, specifically, to examine the influence of employee inflexibility on the implementation of firm-level policies aimed at increasing competitiveness and workforce flexibility. A key finding arising from the research is that while workforce resistance to job-related change often forces firms to seek alternative means of achieving labour flexibility, there appears little that firms can do to prevent such resistance occurring. The presence of HRM staff, consultation procedures, wage bargaining mechanisms, bullying and equality polices, etc. were found to have little impact on the incidence of workforce resistance to changes in job conditions. Design/methodology/approach – The objectives of this paper are twofold: first, the authors model the determinants of a measure of workforce resistance to job-related change and, second, the authors assess the impact of workforce resistance on the probability that firms will implement various wider forms of organisational change using linked employer-employee data. Findings – Workforce resistance to proposed changes in job conditions was found to be lower in organisations employing higher shares of educated workers and also in smaller firms. HRM and employee relations measures were found to have little impact on worker resistance to changing employment conditions, while trade union density was important only with respect to alterations to core terms and conditions. Resistance was found to be important for wider organisational change. Research limitations/implications – From a policy perspective, the key finding arising from the research is that while workforce resistance to job-related change often forces firms to seek alternative means of achieving flexibility, there appears little that firms can do to prevent such resistance occurring or mediating its impacts. The presence of HRM staff, consultation procedures, wage bargaining mechanisms, bullying and equality polices, etc. were found to have little impact on the incidence of workforce resistance to changes in job conditions. Social implications – The results support the hypothesis that the increased use of peripheral workers observed in many aspect of the economy is due, at least in part, to inflexibility among existing workers to take on additional roles and responsibilities. Originality/value – The paper utilises a linked employee-employer data set in a novel way to investigate within firm relationships and tests a number of hypotheses using advanced econometric techniques.

The fact that an employer and employee incur a loss when a trained worker changes jobs provides an incentive for on-the-job training to be selectively provided to workers who are less likely to change jobs. Consequently, if there is belated information about employees' future mobility, it may be optimal to delay training, even if doing so means forgoing the returns to training during the early part of the employment relationship. The training literature, however, assumes that training is concentrated at the beginning of the employment relationship. The authors of this paper examine the relationship between tenure and the probability of ever having received training using data from the Current Population Survey and the National Longitudinal Surveys of Youth. Their findings indicate that delayed formal training is the norm rather than the exception.

One of the main practical questions, which the researchers of trust deal with, is the definition of its “value”, or effects. This is especially true in the sphere of economic and organizational relations. Confidence is a factor contributing to the growth of wealth and competitiveness, saving transaction costs. The role of trust in the relations between the employer and the employee is important as a necessary condition for organizational innovation. Deepening further into the problem of building trust between the employee and the employer, the authors dwell into the differences of trust as a mental state and as a trusting action, which, according to Bart Nooteboom, is one of the sources of confusion in the corresponding studies. Based on the results of several waves of sociological research (2004-2017), this article shows how Russia undergoes a transformation of trust as a state of mind in the employee—employer relationship and how this affects their actions. Using the methods of correlation and variance analysis, the authors show the relationship between the interrelation between the experience of labor rights violation, protection from job loss, satisfaction with guarantied stability and permanent employment provided by the employer, and the level of trust in them. Studying the influence, which the level of trust as a mental state has on the employees’ behavior, has showed that the high level of trust in the employer serves as an incentive to continued labor relations, though does not guarantee it. Among the 18% of the workers interviewed, who demonstrated a high level of trust in their employer, noted at the same time their desire to change jobs. Likewise, distrust of the employer does not always lead to resignation. Among the employees who do not trust their employer, 38% expressed their readiness to continue their employment relations. The authors draw attention to some characteristics of workers who set the choice of this or that strategy of action with the same level of trust. Proceeding from this, the effect brought by trust will depend not only and not so much on the mental level of trust, but on how this trust transforms into actions and, most importantly, in what actions.

Le contrat de travail est continu sur une longue période. Des conditions de travail du salarié peuvent être modifiées ou ajustées à tout moment pendant la durée d’une relation de travail en fonction de raisons diverses. La modification des conditions de travail, ou plus généralement encore, la modification de la relation de travail influence directement la vie privée et professionnelle du salarié et touche par conséquent en profondeur le salarié et l’employeur. La possibilité qu’un salarié puisse négocier son contrat de travail avec son employeur au moment de la conclusion du contrat, est en pratique faible. Il est donc nécessaire que le régime de la modification du contrat de travail garantisse que les conditions de travail convenues au moment de la conclusion du contrat de travail ne peuvent pas être modifiées unilatéralement par l’employeur indépendamment de l’avis du salarié. Les systèmes juridiques coréen et français reposent sur la force obligatoire du contrat de travail. Il est donc évident que le consentement du salarié est nécessaire pour modifier les conditions de travail du contrat de travail. Le régime de la modification de la relation de travail dépend de la limitation du pouvoir de l’employeur. En France, depuis 1996, a été introduit un système jurisprudentiel distinguant changement des conditions de travail et modification du contrat de travail. Avec l’évolution de la jurisprudence, le régime de la modification du contrat de travail se concentre sur le contrat de travail, il attache de la valeur à l’opinion du salarié en considérant le salarié comme une partie au contrat. En revanche, en Corée, la jurisprudence a mis l’accent sur l’interprétation de l’exercice du pouvoir de l’employeur en fonction de l’existence d’un motif raisonnable. Par ailleurs, à la différence de la France où le règlement intérieur a un domaine limité le règlement intérieur coréen joue un rôle similaire à celui d’un contrat de travail en pratique. À cet égard, si la modification du règlement intérieur est défavorable au salarié, le consentement du groupe de salariés doit être obtenu. Même si le consentement est exigé et même si le salarié a un droit de refus, le salarié qui refuse est toujours exposé au licenciement. Le concept de consentement du salarié est souvent trop fragile pour que l’on puisse se contenter de son existence et considérer qu’il s’agit d’une protection suffisante. Ainsi, il est nécessaire de rechercher la véritable volonté du salarié plutôt que de constater son consentement formel. La modification de la relation de travail ne doit pas être axée sur l’exercice de pouvoir de l’employeur, mais doit être interprété concrètement dans le contexte de l’évolution de l’environnement du travail et de la vie professionnelle du salarié
The labour contract is continuous over a long period of time. The worker's working conditions could be modified or adjusted at any time during the duration of a labour relationship with various reasons. Changes in working conditions, or more generally, changes in the labour relationship directly affect the worker's private and professional life and therefore it has a profound impact on both the worker and the employer. The possibility that a worker could negotiate his labour contract with his employer at the time the contract is hard in practice. It is therefore necessary that the regime for amending the labour contract ensures that the working conditions agreed at the time of conclusion of the labour contract cannot be unilaterally modified by the employer regardless of the worker's opinion. The Korean and French legal systems are based on the binding power of a contract. It is therefore obvious that the worker's consent is required to modify the working conditions of the labour contract. The regime for modifying the labour relationship depends on limiting the employer's authority. In France, since 1996, a jurisprudential system has been introduced distinguishing between change of the working conditions and modify of the labour contract. With the evolution of precedent, the regime of modification of the labour contract focuses on the labour contract, it attaches value to the worker's opinion by considering the worker as a party to the contract. Whereas, in Korea, the precedent has focused on interpreting the exercise of employer authority on the basis of “reasonable cause”. Moreover, unlike France, where the regulation of employment has a limited scope, the Korean regulation of employment plays a similar role to that of a labour contract in practice. In this respect, if the amendment of the regulation of employment change unfavorable to the worker, the consent of the group of workers is required.Even if the consent of worker is demanded and even if the worker has a right of refusal about the suggestion of employer, the worker who refuses is still exposed to dismissal. The concept of the consent of worker is often too fragile to be satisfied with its existence. Also, it is difficult to assume that workers' consent is fully protected. Therefore, it is necessary to find method for reflect the worker's real intention. The change in the labour relationship must not be focused on the employer's exercise of authority, but must be interpreted concretely in the context of the changing work environment and the worker's professional life

The thesis focuses on the issue of transfer of undertaking as recognized by the Acquired Rights Directive 2001/23/EC under the EU and Czech law. The first chapter "general introduction" offers an overview of the basic relationships that arise in the course of employment, and the basics of European law. The second chapter considers the rules of the transfer of undertaking under the Acquired Rights Directive and in light of ECJ case law. It defines the terms legal transfer and merger, economic entity which retains its identity, employee, transferor and transferee. Further, it considers the transferred rights of employees and the corresponding duties of employers, encompassing the right for information and consultation, protection against dismissal on the grounds of the transfer and the right for the same work conditions after the transfer. It covers a special case of transfer of undertaking in the case of transferor's insolvency. The third chapter deals with the regulation of transfer of undertaking under Czech law. Firstly, the chapter introduces the development of the provisions covering the transfer in the Labour Code. It focuses on the contemporary provisions of the Labour Code. It describes the grounds for the transfer covered by the Labour Code and particular statutes such as the Civil Code,...

We look into the relationship between business practices and enterprise productivity using panel data with matched employer and employee information from Myanmar. The data show that micro, small, and medium-size enterprises in Myanmar typically do only a few modern business practices. Even so, through estimates of value-added functions and labour demand relations we find a positive and economically important association between business practices and productivity. The results are confirmed when we utilize employer–employee information to estimate Mincer-type wage regressions. In combination, the value-added functions and the Mincer regressions show that at least half of the productivity gain from improved business practices stems from selection effects of employment of more productive workers. This sorting channel is important to keep in mind when supporting enterprises in Myanmar’s manufacturing sector through entrepreneurial training activities. While our results indicate that implementation of more structured business practices could be a key ingredient of a private sector development strategy in Myanmar, the full effect of such a strategy may take time to materialize. Moreover, entrepreneurial training should be accompanied by labour market initiatives aimed at improving productive matches of employers and employees.

This introductory chapter develops an original framework to explain why unions are more or less successful in containing the spread of precarious work. It argues that employment precarity is both an outcome of and a central contributing factor to a mutually reinforcing feedback relationship between labour market, welfare state, and collective bargaining institutions; worker identity and identification; and employer and union strategies. This framework builds on academic discussions of institutional change, dualism, and precarious work from three broad research traditions: comparative political economy, critical sociology, and comparative employment relations. The chapter reviews this literature, outlines the framework, and discusses the chapter findings in the book with reference to the framework.

The postwar history of the waterfront industry encompassed significant bouts of technological, organisational and institutional change. My objective in this study has been to identify from this mix the factors that combined to give rise to shifts in the balance of power between employers and unions on the waterfront. Union strength and employer weakness were not simply functions of prosperous economic conditions, but rather were key effects of the institutions that regulated the employment relationship at the ports. Indeed, the pattern of disorganised employers facing powerful unions outlasted New Zealand's long boom by more than twenty years. Throughout, the fortunes of the wharfies' unions were closely intertwined with those of the Waterfront Industry Commission (WIC), whose occupational registration scheme provided the basis for exerting exclusive closure within the labour market. Yet for any group of social actors, institutional frameworks are never by themselves the final determinants of courses of action or outcomes. Within the institutional context supplied by the WIC, there was a considerable element of strategic choice by the key actors in waterfront labour relations. Ironically, the way union power was exercised in formal bargaining and on the job during a time of technical progress contributed to the demise of the very institutions that sustained this power. If a key insight of the new institutionalist perspective in the analysis of labour relations is that "institutional change…can be regarded as endogenously generated," the demise of the WIC is a case in point....