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1
Slater, Henry John. "The distinction between a contract of employment and a contract with an independent contractor." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/276.
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The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
2
Mgweba, Asiphe. "A revised role of good faith in the law of contract and employment contracts." University of the Western Cape, 2019. http://hdl.handle.net/11394/7033.
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Magister Legum - LLMGood faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness.
3
Lindblom, Lars. "The Employment Contract between Ethics and Economics." Doctoral thesis, KTH, Filosofi, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-11346.
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This thesis investigates what work ought to be like. The answer it presents consists of an outline of a liberaltheory of justice in the employment contract based on theory developed in the area of political philosophy. Thethesis also examines issues of efficiency—How should measures to improve working conditions be evaluated?—and the ethical implications of the economic theory of employment contracts and the neoclassical theory of themarket. Paper I: A theoretical framework is introduced for the evaluation of workplace inspections with respect totheir effects on working conditions. The choice of a concept of efficiency is discussed, and its relation to criteriafor a good working environment is clarified. It is concluded that in order to obtain reliable information onthe effects of different inspection methods, it is necessary to perform controlled comparative studies in whichdifferent methods are used on different workplaces. Paper II: This article outlines the structure of a Rawlsian theory of justice in the employment relationship.The theory answers three questions about justice and the workplace. What is the relationship between socialjustice and justice at work? How should we conceive of the problem of justice within the economic sphere?And, what is justice in the workplace? Reasons for a specific construction of a local original position are givenand arguments are presented in support of a principle of local justice in the form of a choice egalitarian localdifference principle. Paper III: The political philosophy of John Rawls is applied to the moral dilemma of whistleblowing, andit is shown that that the requirement of loyalty, in the sense that is needed to create this dilemma, is inconsistentwith that theory. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing,it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be takeninto account. Paper IV: The case is made that if contemporary economics of the employment contract is correct, thenin order to explain the existence of employment contracts, we must make the assumption that the contractingparties are attempting to deal with decisiontheoreticignorance. It follows that the course of action that theemployer chooses to take when acting from authority cannot be justified by consent, since the informednesscriterion of consent cannot be satisfied under ignorance. It is then suggested that in order to achieve justificationof acts of authority, there must be in place a real possibility to contest employers’ decisions. Paper V: According to Ronald Dworkin’s theory of equality of resources, mimicking the ideal market fromequal starting points is fair. According to Dworkin, the ideal market should be understood as described in GérardDebreu’s influential work, which implies that we should conceive of trade as taking place under certainty. Thereare no choices under risk in such a market. Therefore, there is no such thing as option luck in the ideal market.Consequently, when mimicking this market, we cannot hold people responsible for option luck. Mimicking thismarket also implies that we ought to set up a social safety net, since rational individuals with perfect foresightwould see to it that they always have sufficient resources at each point in life. Furthermore, the idea of insuranceis incompatible with the ideal market.QC 20100728
4
Timothy, Lester Clement. "Non-renewal of a fixed-term employment contract." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/431.
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In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.
5
Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.
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Sipuka, Sibongile, and Supervisor details. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.
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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
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Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.
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Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances
8
Selusi, Sophie. "La cession du contrat de travail." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD058.
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S’inscrivant dans un contexte juridique et économique propice, cette thèse propose une utilisationrenouvelée de la cession de contrat adaptée au rapport de travail. Les finalités de ce mécanismejustifient l’opportunité de sa réception et de sa réalisation augurant son développement. Constatantque ni le législateur, ni le juge, ne font référence au dispositif, un effort de définition est accompli.La cession du contrat de travail est l’opération consistant à changer d’employeur avec l’accord dusalarié sans rupture. Repensées sous le prisme de la cession de contrat, les opérations se situant àla frontière du transfert d’entreprise sont clarifiées et réalisées de manière cohérente.Le particularisme du rapport de travail suppose que soit mis en place un système légal garantissantle consentement du salarié. Instaurant une continuité contractuelle, la mise en œuvre de cetinstrument confirme son utilitéWithin a propitious legal and economic environment, this PhD thesis sheds the light of a suitableand renewed use of the assignment of contract. The purposes of the mechanism foster itsdevelopment. The lack of definition by lawmakers and judges tends to render such workmandatory. The assignment of contract shall be the operation changing of employer by mutualagreement with the employee without any termination. All operations closed to transfer ofundertaking are therefore clarified. The specificity of employment relationship involves a legalregime ensuring the consent of employee. Establishing a contractual continuum, its usefulness isjustified by its implementation
9
Grušić, Uglješa. "The international employment contract : ideal, reality and regulatory function of European private international law of employment." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/583/.
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Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the ‘Europeanization’ of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the ‘private’ and the ‘public’, traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.
10
Pelser-Carstens, Veruschka. "The employment, social and psychological contract and work outcomes in a private security organisation / V. Pelser-Carstens." Thesis, North-West University, 2012. http://hdl.handle.net/10394/10176.
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Employment relations literature is concerned with what is exchanged between the employer and the employee via an employment contract, a social contract or a psychological contract, with perceived mutual obligations (Rousseau, 1995; Capelli, 1999; Kalleberg, 2001). The psychological contract finds its foundation in the perceptions of the employee, that is, what the employee believe the employer has offered the employee in terms of their work relationship and the social contract refers to the expectations and obligations employers and employees have for their work and the employment relationship (Grahl, & Teague, 2009). The new employment contract differs from the old employment contract in that it is largely informal and even unwritten (Gilbert, 1996). This is in line with the new trend of business management as used by people-driven world-class organisations with a globalised focus (Gilbert, 1996). A research need exists to examine the potentially different or redundant effects of promises and expectations on the development of the obligations that are perceived to constitute the employment, the social and the psychological contracts (Martocchio, 2004; Shore, Tetrick, Taylor, Coyle-Shapiro, Liden, McLean-Parks, et al. 2004). The primary objective of this research is to investigate the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit. This study is submitted in article form. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability of the research. Validity, Pearson product moment correlation coefficients as well as regression analysis were utilised to examine the relationship between the constructs employed in this research. The Employment Contract Scale (ECS) was also utilised as a research instrument, as the questionnaire-method proves to be largely reliable. Reliability analysis confirmed sufficient internal consistency of the subscales. The observed correlations were found to be comparable with the values reported in previous research by Edward and Karau (2007). By using multiple regression analysis, it was established that by investigating the relationship between the social- and the psychological contracts of private security employees (N=217) in the Vaal Triangle in terms of employability, job insecurity, job satisfaction, life satisfaction and intention to quit (the primary objective of this research) that job satisfaction and intention to quit predicted the social contract and that job satisfaction and life satisfaction predicted the psychological contract. No relationship however exists between employability, intention to quit and the psychological contract. Recommendations are advanced for future research.MA (Labour Relations Management) ,North-West University, Vaal Triangle Campus, 2013
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Bernhard-Oettel, Claudia. "Alternative employment and well-being : Contract heterogeneity and differences among individuals." Doctoral thesis, Stockholm : Department of Psychology, Stockholm University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-8030.
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Loring, Jane A. "Changing employment contracts, changing psychological contracts and the effects on organisational commitment." Thesis, Curtin University, 2003. http://hdl.handle.net/20.500.11937/414.
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Changing workplace conditions have resulted in psychological contracts becoming more transactionally oriented. The current study addresses the question of how the `new' psychological contract affects organisational commitment. In particular, it seeks to analyse the relationship between the form of the psychological contract (relational/transactional) and type of organisational commitment (affective, continuance, normative).Data were collected from 210 randomly selected participants using the Psychological Contract Scale (PCS), and the Measure of Affective, Continuance and Normative Commitment Scale (MACNCS). The Career Commitment Scale (CCS) and the Positive and Negative Affect Schedule (PANAS) were administered and information gathered regarding overall job satisfaction, age, gender, contract type, position held, industry sector and length of employment.The major findings from this study is that there are positive relationships between relational psychological contracts and affective commitment (â = .653, p < .05), continuance commitment (â = .222, p < .05) and normative commitment (â = .476, p <.001), and a negative relationship between transactional psychological contracts and affective commitment (â =148, p < .05), after controlling for various background and employment characteristics. This research increases the understanding of how employees commit to an organisation during times of unstable and changing employment conditions.
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Keyser, Elsabé. "The changing employment relationship in the chemical industry : the role of the employment- and psychological contract / Elsabé Keyser." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4781.
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Understanding the employment relationship in the chemical industry in South Africa and organisational change within it is crucial to the understanding of the changing employment and psychological contract within this industry. This study focused on the employment- and psychological contracts, as well as employees ' work-outcomes (organisational commitment,
job insecurity, job performance and intention to quit). Employees from the chemical industry were targeted and a cross-sectional survey design was used to obtain the research objectives. Descriptive statistics, factor analyses, Cronbach alpha coefficients, correlations, multiple regression analyses were used to analyse the data. In Article 1 the objectives were to investigate the reliability and validity of the measuring instruments, and to study the relationships between employment- and psychological contracts and other employment relation outcomes. The Psychological Contract Questionnaire (PCQ) and demographical questionnaire were administered. Three internally consistent factors, namely Employer Obligations, Employee Obligations and Status of the Psychological Contract were extracted. Statistically significant differences were found between employee obligations and state of psychological contract. Statistically significant relationships were also found between employee obligations and violation of psychological contract. In Article 2 the objective was to determine the relationship between employer obligations, employee obligations, and the state of psychological contract, violations of psychological contract and various demographical characteristics of employees in the chemical industry. The PSYCONES were administered. Practically significant relationships with a large effect were found between employer obligations, state of psychological contract and violation of psychological contract. Gender and age were statistically significantly related to experiences of the psychological contract. In Article 3 the aim was to assess the relationship between employer obligations, employee obligations, the state of the psychological contract, violations of the psychological contract, work-outcomes and the demographic of employees. The PSYCONES were used as measuring instruments. A practically significant relationship was found between the state of psychological contract, violation thereof (a large effect), job insecurity (a medium effect) and organisational commitment (a medium effect). Regression analyses showed that psychological contract violation predicted organisational commitment. A negative relationship was found between the violation of the psychological contract, as associated with the state of the psychological contract, and intention to quit. Theoretically, it was expected that job insecurity would have a negative impact on organisational commitment, but the results showed that a statistically and practically significant positive relationship exists between job insecurity and organisational commitment. Only the type of contract and qualifications of employees resulted in a statistically increase in the prediction of variance in job insecurity. Demographical characteristics (age, gender, tenure, supervision, qualifications, and type of contract) did not contribute to oganisational commitment.Thesis (Ph.D. (Industrial Sociology))--North-West University, Vaal Triangle Campus, 2010.
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Luckman, Peter Craig. "Restraint of trade in the employment context." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/842.
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Clauses in restraint of trade agreements concluded between an employer and an employee often present difficult legal issues to deal with. This complexity is due to the fact that a court, in deciding whether to enforce a restraint provision, has to strike a balance between two equal but competing policy considerations, namely, the sanctity of the contract and the freedom of movement of people in a market economy. In striving to balance the sanctity of contract with the right of freedom to trade, it is necessary to decide which of these two policy considerations should take precedence by having regard to the public interest served by them in the particular circumstances. In the watershed case of Magna Alloys and Research(SA)(Pty) Ltd v Ellis, the Appellate Division decided the sanctity of contract had greater precedent in South African law and that undertakings in restraint of trade were prima facie valid and enforceable, unless the party seeking to avoid its obligations could show that the restraint of trade was contrary to public interest. The second consideration, namely that a person should be free to engage in useful economic activity and to contribute to the welfare of society, tempers the sanctity of contract considerations. Accordingly, the courts have struck down any unreasonable restriction on the freedom to trade where it was regarded as contrary to public interest. In considering the reasonableness and therefore the acceptability of restraint of trade provisions from a public policy perspective, the following five questions need consideration: Is there a legitimate interest of the employer that deserves protection at the termination of the employment agreement? If so, is that legitimate interest being prejudiced by the employee? If the legitimate interest is being prejudiced, does the interest of the employer weigh up, both qualitatively and quantitatively against the interest of the employee not to be economically inactive and unproductive? Is there another facet of public policy having nothing to do with the relationship between the parties but requires that the restraint should either be enforced or rejected? Is the ambit of the restraint of trade in respect of nature, area and duration justifiably necessary to protect the interests of the employer? In enforcing a restraint, the court will consider all the facts of the matter as at the time that the party is seeking to enforce the restraint. If a court finds that the right of the party to be economically active and productive surpasses the interest of the party attempting to enforce the restraint, the court will hold that such restraint is unreasonable and unenforceable. Consideration of the enforceability of restraints is often found to be challenging in view of the answers to the above stated five questions often remaining of a factual nature and subjective, i.e. the view and perceptions of the presiding officer play an important role. A further complexity is the limited early effect which the Constitution of the Republic of South Africa had on dispute resolution pertaining to restraints of trade in the employment context and the prospects of imminent changes to the pre-Constitutional era locus classicus of Magna Alloys and Research (SA)(Pty) Ltd v Ellis.
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Loring, Jane A. "Changing employment contracts, changing psychological contracts and the effects on organisational commitment." Curtin University of Technology, School of Psychology, 2003. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=14208.
Full textAbstract:
Changing workplace conditions have resulted in psychological contracts becoming more transactionally oriented. The current study addresses the question of how the `new' psychological contract affects organisational commitment. In particular, it seeks to analyse the relationship between the form of the psychological contract (relational/transactional) and type of organisational commitment (affective, continuance, normative).Data were collected from 210 randomly selected participants using the Psychological Contract Scale (PCS), and the Measure of Affective, Continuance and Normative Commitment Scale (MACNCS). The Career Commitment Scale (CCS) and the Positive and Negative Affect Schedule (PANAS) were administered and information gathered regarding overall job satisfaction, age, gender, contract type, position held, industry sector and length of employment.The major findings from this study is that there are positive relationships between relational psychological contracts and affective commitment (â = .653, p < .05), continuance commitment (â = .222, p < .05) and normative commitment (â = .476, p <.001), and a negative relationship between transactional psychological contracts and affective commitment (â =148, p < .05), after controlling for various background and employment characteristics. This research increases the understanding of how employees commit to an organisation during times of unstable and changing employment conditions.
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Mortenson, Kristian G. "Effects of Pay Variability and Mutual Monitoring on Employee Effort and Contract Choice." Diss., The University of Arizona, 2008. http://hdl.handle.net/10150/194133.
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A primary cause of income volatility for employees is job loss due to firm downsizing. Economists have suggested that firms use share contracts rather than wage contracts as one possible solution to downsizing. In my experimental setting employment contracting involves an employer who hires two employees to produce output. In each of 31 rounds, employees choose between a wage contract (status quo) and a share contract with an employer-set sharing rule. I manipulate whether the share contract incorporates a form of mutual monitoring and examine the effects on employee effort, contract preference, and welfare. The results show that, compared to wage contracts, subjects exert more effort and have higher welfare when they choose share contracts. Incorporating mutual monitoring into the share contract also increases total effort and subject welfare but does not lead to an increase in the use of share contracts.
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Rodrigues, Petra Sofia Martins. "Engagement e desempenho: relações existentes entre os níveis de engagement, avaliação de desempenho e contrato de trabalho." Master's thesis, Universidade de Évora, 2012. http://hdl.handle.net/10174/14825.
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A presente investigação teve como objetivo geral verificar as relações
existentes entre as variáveis engagement, avaliação de desempenho e contrato de
trabalho, dos colaboradores de uma organização internacional com uma unidade de
produção localizada em Portugal. Para tal efetuou-se um estudo correlacional entre as
variáveis engagement, avaliação de desempenho, desempenho percebido e alguns
dados demográficos (género, idade e antiguidade).
A amostra é composta por 330 sujeitos e os resultados obtidos permitiram confirmar
as seguintes hipóteses: Hipótese Pretendeu-se comparar os níveis de engagement e
os resultados obtidos na avaliação de desempenho em função do tipo de contrato.
Igualmente, foi objeto de estudo o efeito preditor do engagement sobre o desempenho.
Finalmente, estudou-se a relação entre engagement e variáveis socio-demográficas.
Relativamente aos seus resultados, verificaram-se diferenças significativas nos
resultados da avaliação de desempenho consoante o tipo de contrato, bem como os
níveis de engagement. Foi encontrada uma correlação positiva entre os níveis de
engagement e os resultados da avaliação de desempenho realizada pelas chefias. Ao
nível das variáveis sócio-demográficas foram também encontradas diferenças nas
comparações entre os grupos; ABSTRACT: The present investigation aimed to examine relationships between variables
engagement, performance evaluation and contract work, the employees of an
international organization with a plant located in Portugal.
The sample comprised 330 subjects and the results confirmed the following
hypotheses: It was intended to compare the levels of engagement and results in the
evaluation of performance depending on the type of contract. Also, the object of study
was the effect predictor of engagement on performance. Finally, we studied the
relationship between engagement and socio-demographic variables.
With regard to their results, there were significant differences in the results of
the performance evaluation depending on the type of contract and levels of
engagement. We found a positive correlation between levels of engagement and the
results of the performance evaluation conducted by supervisors. In terms of sociodemographic
variables were also differences in comparisons between groups.
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O'Connor, Niall. "The impact of EU Fundamental Rights on the employment relationship." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286333.
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The purpose of this thesis is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, therefore, that the Charter would be a particularly potent tool in the employment context, characterised as it is, by the continuous interaction between economic and social rights. However, to draw an analogy from George Orwell's Animal Farm, although 'all rights are equal, some rights are more equal than others'. Not only does the Charter distinguish between 'rights' and 'principles', but the EU Court of Justice (CJEU) seems actively to prioritise the Charter's economic freedoms over the social rights. This thesis focuses on the consequences of this variable geometry for the regulation of the employment relationship. In particular, it examines the widening gap between contractual autonomy/business freedom as a fundamental right found in article 16 of the Charter and the employment rights contained in the Solidarity Title. Of particular concern from an employee's perspective is the decision of the CJEU in the case of Alemo-Herron and its progeny. In a series of highly deregulatory judgments, the CJEU has found that the employee-protective aim of the relevant legislation was incompatible with the employer's freedom to conduct a business. At the same time, the CJEU has been reluctant to invoke the Charter's employment rights to give an employee-friendly reading to legislation. The effect of this divergence for the employment relationship is explored in two ways. On a micro level, the thesis looks to the very practical or 'day to day' influence of fundamental rights at various stages in the life cycle of the employment contract. It addresses the relationship between individually agreed employment terms and fundamental rights sources. The macro level considers the broader question of the effect of fundamental rights on the EU's (or the State's) ability to regulate the employment relationship more generally. It is demonstrated that there may be a systemic problem with fundamental economic freedoms being prioritised over social rights, namely the employment provisions of the Charter.
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Osborn, Jones Tim. "Managerial attitudes to work, employment & career : exploring the form of psychological contract." Thesis, Henley Business School, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413579.
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Pia, Jean. ""nangangamuhan" : an analysis of the standard employment contract (POEA-SEC) for Filipino seafarers." Thesis, Cardiff University, 2016. http://orca.cf.ac.uk/101069/.
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This thesis explores the terms and conditions of the standard employment contract (POEA-SEC) for overseas Filipino seafarers. The contract, and the workers’ experience of it, is studied as an institutional arrangement prescribed by the Philippine government for the deployment of seafarers as contractual workers in the global labour market. This study aims to answer questions posed at the outset of this research on the enforcement and implementation of the POEA-SEC and its effectiveness in protecting the welfare and well-being of seafarers. This research examined the views, perceptions and experiences of seafarers and other major stakeholders in relation to their use of the POEA-SEC. The process of approval of the POEA-SEC was used as a case study to generate qualitative data. Multiple approaches such as legal analysis, semi-structured interviews, site observation, and focus groups were employed to gather evidence. Participants all came from the Philippines, a developing country in Southeast Asia. The thesis argues that the POEA-SEC is essentially an economic arrangement, which is fundamentally constructed to capture the remittance of workers. The contract is insufficient to address the problems associated with the vulnerability of the working conditions currently experienced by Filipino seafarers. Deploying the seafarers as short-term, contractual and cheap labour under the POEA-SEC undermines long established labour protection legislation, which is designed to protect the rights of workers to, for example, security of tenure and competitive rates of employment. The experience of the seafarers on-board the ship suggests that the contract cannot intercede in a beneficial way and falls short as a legal document to protect Filipino seafarers. The contract is remote from seafarers, merely symbolic and systematically fails to address seafarer issues, such as fatigue, stress and anxiety which affect their health and well-being. What is reflected in the inadequacy of the contract is the inability (and, it might be argued, collusion) of the Philippine state (and others, e.g. trade unions) to protect its citizens (as migrant labour) from the sometimes onerous demands of seafaring and the worst excesses of capital (shipowners and their proxies i.e. crewing agencies).
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Ali, Haris. "Investigating power, interdependence and struggle in the employment relationship : a psychological contract perspective." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6999/.
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This thesis explores the implications of power in relation to the psychological contract. The majority of the psychological contract literature, because of its underpinning assumptions of mutuality and reciprocity, largely downplays the dynamics of power in the employment relationship. The key objective of the current study therefore is to make further empirical and theoretical developments in relation to the psychological contract by exploring these power dynamics in the relationship between employees and employer. Concerning power, the complex interdependencies and the associated workplace struggles characterizing the employment relationship between employees and the different representatives of the organization are investigated. From an empirical perspective, the research contributes in a twofold manner as the results not only highlight the complex interdependencies and the workplace struggles in the employment relationship but also offer new knowledge about work and management in Pakistan. This context of employment relations based on underlying power dynamics that are embedded into the complex and interdependent relationships between employees and organizational representatives is globally significant in terms of workplace research, yet generally neglected in the relevant studies. The current study has a qualitative orientation and follows a critical realist research philosophy. Using data collected from 43 interviewees in three call centre organizations, the research additionally makes a theoretical contribution to the psychological contract from the perspectives of mutuality, reciprocity and agency. The results illustrate that, in comparison to mutuality and reciprocity, interdependence and negotiation play a critical role in the psychological contracts of employees. Largely acknowledging the implications of power dynamics, these concepts highlight that employees, based on their perceptions of interdependence (rather than mutuality) in the employment relationships, tend to focus primarily on negotiation (rather than reciprocation) in their psychological contracts with employers. Concerning agency, different classifications of human agents are highlighted (i.e. primary agents, secondary agents, multiple agents, incumbent agents). The current research extends the concept of agency beyond the boundary of human agents into the domain of the electronic agents of the organization. The results highlight that it is not only the perceived capability to reward or punish but also the perceived tendency to actively use that capability which significantly influences employees’ assumptions to consider particular organizational members as the agents of the organization. From the viewpoint of relational interdependence in the employment relationship, the efforts made by employees to decrease their dependence on employers and increase the employer’s dependence on them are illustrated. The research findings demonstrate that these efforts are largely motivated by the employees’ objective of promoting their bargaining power in employment relationship.
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Mohlabi, Glynn Stephen Mabuela. "Transfer of business, trade or undertaking and its effects on contract of employment." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/564.
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Holland, J. A. "An analysis of good faith as an underlying theme in the employment relationship." Thesis, University of Southampton, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.383414.
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Gauthier, Walter. "La rémunération du travail salarié." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0189/document.
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Les liens qui unissent rémunération et travail semblent, de prime abord, d’une évidente simplicité. Pour autant, la spécificité de la créance de rémunération et la sophistication des nouvelles formes de rétribution complexifient fortement ces rapports. Partant de ce constat, il est nécessaire de s’intéresser aux interactions qu’entretiennent ces deux notions. La rémunération est avant tout une catégorie juridique dont la définition varie suivant la règle à appliquer. Les multiples finalités assignées aux normes venant encadrer la rémunération font du travail un critère inopportun de définition car trop restrictif. La nécessité de repenser les critères de définition de la rémunération s’avère donc indispensable. La rémunération est également la contrepartie de l’obligation principale du salarié. La manière d’appréhender les interactions entre le travail convenu et la rémunération conditionne, dès lors, l’étendue du droit à rémunération du salarié. La contrepartie de la rémunération est majoritairement la contrepartie d’une immobilisation temporelle de l’activité du salarié au service d’un employeur. Contrepartie de la mise à disposition de la force de travail du salarié, la détermination du montant de la rémunération devrait également être liée à ce facteur temporel. Il s’avère que l’évolution des modes de rémunération et de l’organisation du temps de travail contredit ce postulat de départ. Le montant de la rémunération devient, par conséquent, bien plus dépendant de la performance du salarié ou des résultats économiques de l’entreprise que du temps passé à se tenir à la disposition de l’employeurThe links between remuneration and work seem, at first glance, of an obvious simplicity. However, the specificity of the pay debt and the development of new kind of remuneration complicate strongly these reports. Starting from this observation, it is necessary to focus on the interactions between these two concepts. First of all, remuneration is a legal category and its definition varies according to the rule to apply. The multiple objectives assigned to law remuneration make work a wrong criterion of definition because to restrictive. The need to rethink the definition of remuneration criteria is therefore essential. Remuneration is also the compensation of the main obligation of the employee. Therefore, the way to understand the interactions between the agreed work and pay determines the extent of the right to employee's compensation. The compensation of remuneration is mainly the consideration of the temporal fixed asset of the employee in the service of an employer. Determining the amount of compensation should also be linked to this temporal coefficient. But, changing patterns of pay and the new rule’s organization of working time contradicts this premise. Nowadays, the amount of remuneration becomes more dependent on the performance of the employee or on the economic results of the company that the time spent on hold at the disposal of the employer
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Chicheportiche, Laura. "Les ruptures d'un commun accord du contrat de travail." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020086.
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Longtemps délaissé, l’accord est aujourd’hui au coeur du processus de rupture du contrat de travail. A la suspicion qui entourait l’expression commune des volontés est substituée la confiance. La légalisation de la rupture d’un commun accord du contrat de travail par la loi du25 juin 2008 sous le nom de rupture conventionnelle en témoigne. Cette réforme a bouleversé le droit de la rupture du contrat de travail. Même s’il est acquis depuis longtemps que les parties peuvent mettre un terme d’un commun accord au contrat qui les unit sur le fondement de l’article 1134 du Code civil, cette modalité de rupture n’a longtemps été utilisée que de manière très ponctuelle. L’absence d’encadrement de cette technique et les restrictions apportées à son champ d’application l’expliquent en partie. La reconnaissance du commun accord comme mode de rupture spécifique du contrat de travail, auquel est attaché un régime précis et autonome, pourrait signifier la fin de l’utilisation de la rupture d’un commun accord de droit commun, considérée comme peu adaptée aux relations de travail. Un tel régime pourrait également mettre un terme au monopole détenu par les ruptures unilatérales, en particulier le licenciement. Une large prise en compte du dispositif de rupture conventionnelle est de nature à contribuer à l’apaisement et à l’équilibre des relations de travailInitially relinquished, mutual agreement is now at the heart of the process of terminating the employment contract. There has been an evolution tending to the shift from suspicion towards mutual agreement as a termination device to the trust in such means. This acquired trust is best illustrated by the recognition of employment termination via mutual agreement by the Act dated June, 25th 2008. The reform introduced by this Act transformed the legal regime applicable to the termination of employment contracts. Despite the fact that Article 1134 of the French Civil Code has long granted parties the possibility to terminate the contract binding them by mutually agreeing to do so, such mode of termination has only been resorted to on a fairly limited basis. This phenomenon can notably be explained by both the lack of clear legal framework applicable to this device, and the restrictions imposed on its ambit. The recognition of termination of the employment contract via mutual agreement as a device specifically applied in the field of labor law, as well as the definition of a specific and independent regime would be likely to give rise to ending the resort to Article 1134, whose scope is only general and not specifically tailored to labor relations. The implementation of this specific regime could put an end to the monopoly held by unilateral terminations of the employment contract, particularly the method of dismissal. A broad consideration of termination of the employment contract via mutual agreement can also contribute to the appeasement and balance in labor relations
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Le, Roux Rochelle. "The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4651.
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Includes abstract.Includes bibliographical references (leaves 258-302).
The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.
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Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.
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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obligations must be possible, the conclusion and objectives of the contract must be lawful and that both parties to the contract must have the necessary capacity to conclude the contract. Once these requirements have been met one is said to have concluded a valid contract. Nevertheless for the purposes of this study, we focus specifically on the employment contract. Aside from the general common law requirements for a valid contract, for an employment contract to be recognised and protected by labour legislations, it is important to distinguish an employee from an independent contractor since only the former enjoys legal remedies afforded by labour law. Common law contractual rights and duties automatically apply once an employment relationship is established in addition to the rights and duties specified in the contract itself. Common law rules regarding morality plays a major role in our modern day societies, as shall be discussed the workforce has not been left untouched by this important principle. Morality greatly influences a society’s view concerning acceptable and unacceptable behaviour or practices. It goes without saying that a contract should not be contrary to the moral views of the society in which the parties find themselves in. A contract can be complying with all the statutory requirements for a valid employment contract; however it may at the same time be tainted with illegality as the object of performance is considered immoral in the society such as an employment contract to perform prostitution. Conversely, another scenario may involve a party to an employment contract who is a child below the age of 15 years old; the contract is invalid as it contravenes section 43 of the Basic Conditions of Employment Act. Despite clear statutory prohibitions this practice may be perfectly acceptable in the eyes and minds of the society. The purpose of this study is to evaluate prohibited and unlawful contracts of employments, how the law (both common law and statutory law) treats such contracts in the sense that; whether they are protected or not and to what extent these laws have been developed to influence modern attitudes concerning such contracts. One stark example is illustrated through case law where the court had to determine the validity of an employment contract concluded between an employer and an illegal immigrant.
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Pasco, Cosmópolis Mario. "Los contratos temporales: exposición y crítica." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/116777.
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Temporary contracts: exposition and criticThe contract of term or fixed term or determined period constitutes one of the most frequent modalities of so-called atypical contracting. EfrénCórdova, in his famous presentation at XI World Congress of the International Society for Labor Law and Social Security (Caracas 1985), noted that, being typical the contract celebrated between an employer and a worker, to be executed to full time at the center of work and for an indefinite atypicalperiod, comes to be one that lacks any of these attributes, this is: (i) in which involves more than one employer, or (ii) the journey is partial or doesn’t fit to traditional parameters of eight hours per day and forty-eight a week at most, or (iii) performs out the usual local, or (iv) is for adefined time. It is about these lasts that is dedicated the present article.El contrato a término o plazo fijo o de duración determinada constituye una de las modalidades más frecuentes de la llamada contratación atípica.Efrén Córdova, en su célebre ponencia en el XI Congreso Mundial de la Sociedad Internacional de Derecho del Trabajo y de la Seguridad Social (Caracas 1985), señaló que, siendo típico el contrato celebrado entre un empleador y un trabajador, para ser ejecutado a jornada completa en el centro de trabajo de aquel y por tiempo indefinido, atípico viene a ser aquél quecarece de alguno de esos atributos, esto es: (i) en el que participa más de un empleador, o (ii) la jornada es parcial o no se ajusta a los parámetros clásicos de ocho horas por día y cuarenta y ocho a la semana como máximo, o (iii) se desempeña fuera del local habitual, o (iv) es por tiempo definido.Es a estosúltimos que está dedicado el presente artículo.
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Mazaud, Anne-Laure. "Contrat de travail et droit commun : essai de mesure." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2157.
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La question des rapports entretenus entre le contrat de travail et le droit commun évoque immédiatement la revendication autonomiste. Il ne s’agit pourtant pas de revendiquer mais de mesurer la propension à l’autonomie du droit du travail à l’égard du droit commun des contrats maintes fois questionnée et toujours renouvelée. Précisément, cet essai de mesure révèle un résultat profondément nuancé. Ainsi, l’autonomie ne saurait être absolument reconnue en raison des nombreuses manifestations de la soumission du contrat de travail au droit commun. Elle ne peut cependant pas être totalement contredite en raison de l’indéniable émancipation de celui-ci envers celui-là. Pour comprendre cette apparente contradiction, il convient de diviser la matière. L’approche ne peut être globale et l’étude doit porter sur des objets distincts. Le régime du contrat de travail oscille en effet entre deux pôles : autonomie et dépendance. Relativement à certaines questions, l’émancipation à l’égard du droit commun est quasi-totale. Relativement à d’autres, la soumission est de mise. Plus encore, le résultat de ces recherches conduit à affirmer que l’autonomie et la dépendance ne constituent pas deux domaines étanches délimités par une frontière nette. Ainsi, la dépendance doit être reconnue lorsque le droit commun est préservé ; l’autonomie apparaît déjà, cependant, dès lors que le droit commun est adapté. Elle est plus intense encore lorsque le droit commun est déformé, et atteint son ultime degré lorsque le droit commun est évincé. Se constate ainsi une sorte de continuum qui s’étend entre ces deux pôles – dépendance et autonomie – et sur lequel s’ordonnent les questions relatives au contrat de travail. Ainsi, lorsqu’on mesure les rapports entre le contrat de travail et le droit commun des contrats, tout est affaire de degrés, de proximité et d’éloignement corrélatif à l’égard de ces deux extrémités du spectreWhen wondering about the relationship between employment contract and general law, autonomist claim is usually immediately brought up. Yet, the point is not to claim, but to define the propensity to autonomy of labor law in regard of general contract law, many times asked, and always renewed. Precisely, this measurement essay reveals deeply nuanced results. Thus autonomy could not be definitely accepted due to many manifestations of the subservience of employment contract to general law. However it cannot be totally contradicted because of the incontestable emancipation of the employment contract from the general law. To understand this apparent contradiction, the subject must be divided. The approach cannot be global and the study must deal with distinct subjects. The employment contract system is indeed oscillating between two poles: autonomy and dependence. Emancipation towards general law is almost complete when considering some questions. Concerning some other questions, subservience can only be noted. Moreover, the results of this research are leading to affirm that autonomy and dependence are not two distinct areas, separated by a hermetic border. Hence, dependence must be admitted when general law is preserved, though autonomy already appears when general law is appropriate. It is more intense when general law is distorted, and reaches its ultimate degree when general law is ousted. A kind of continuum is observed between these two poles – subservience and autonomy – on which questions about employment contract are organized. Consequently, when measuring the relationship between employment contract and general contract law, everything is a matter of degrees, proximity and distance correlative to these two extremities of the spectrum
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Hlekani, Mphakamisi Witness. "Termination of the employment contract due to ill-health in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020969.
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The subject of the present treatise concerns termination of employment contracts that are effected as a result of an employee’s incapacity on the grounds of ill-health or injury. Every employee has the right not to be dismissed unfairly. The Labour Relations Act, 1995 recognises three grounds on which termination of employment might be legitimate. These include the conduct of the employee, the capacity of the employee and the operational requirements of the employer’s business. However, fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. The Incapacity Code and Procedure in respect of Ill-health or Injury applicable to Educators is contained in Schedule 1 to the Employment of Educators Act, 1998. In addition there are collective agreements which are the products of collective bargaining that are also applicable to all categories of employees employed in the public education sector. Notably, PSCBC Resolution 7 of 2000 forms part of the subject of our discussion. The Department of Education determined the use of independent Health-risk Managers to provide advice on the management of incapacity leave and ill-health retirement, thereby ensuring objective and impartial evaluation which are largely acceptable to employees and their labour representatives. This is the Policy and Procedure on Incapacity Leave and Ill-Health Retirement in the Public Service. The appointed Health-risk Managers make recommendations to the Head of Department who thereafter implement the recommendations and deal with issues of a case to absolute finality. More importantly, the Policy and Procedure for incapacity leave and ill-health retirement in the Public Service is issued in terms of legislation, that is, section 3(3) of the Public Service Act, 1994 and therefore is not a collective agreement. Under the circumstances, it is not always easy to determine a real dispute and an issue in dispute. Because of this uncertainty arbitrators often found that bargaining councils have no jurisdiction to entertain these disputes, while on the other hand some arbitrators opined that bargaining councils do have jurisdiction In this treatise the general principles of the employment contract, the legislative framework applicable in the public education sector in determining an application for temporary incapacity leave and ill-health retirement and procedural and substantive issues in the termination of employment contract due to ill-health are considered and explained. The legal questions around the issue of discretion exercised by the Head of Department in granting or declining applications for ill-health are also examined. The primary aim of the treatise is to provide a clear exposition of the rather complicated law relating to incapacity due to ill-health and injury in public education.
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Loughlin, Catherine A. "Toward a model of healthy work for full-time, part-time and contract employment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0010/NQ31939.pdf.
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Mulokozi, Cordatus. "Employment contract and work outcomes : a comparative study of in-house and outsourced employees." Thesis, London School of Economics and Political Science (University of London), 2006. http://etheses.lse.ac.uk/2060/.
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To improve efficiency and reduce costs, many organisations in the United Kingdom and other industrialised countries have embarked on outsourcing practices for resources such as skills and products. The objective of the study was to determine whether being in-house or outsourced has a significant effect on an employee's work outcomes i.e. work adjustment, job satisfaction and organisation commitment. And if they do, which of the two employment contracts has a higher effect on which outcome or outcomes. In-house and outsourced employees from two major London-based teaching hospitals and one mid-sized hospital, and three major London-based colleges were studied. In the case of hospitals, agency (outsourced) nurses were compared with their in-house counterparts. For the college employees, supply (outsourced) teachers were compared with their in- house counterparts. In-house business administration staffs of the above hospitals and colleges were compared with their outsourced (agency) counterparts. The above organisations and occupations were selected for the study because they had large numbers of outsourced employees and exhibited a variety of working conditions, management styles and organisational cultures. The employees were compared on five work adjustment behaviour indicators (below), satisfaction with: career progress made nature of work and overall organisational atmosphere, and affective organisational commitment. The work adjustment behaviour indicators were: The extent to which an individual pursued the organisation's work values. The extent to which an individual sought to meet job demands. The extent to which an individual sought to adhere to the organisation's norms and traditions. The extent to which an individual sought to adjust to the overall organisational atmosphere. The extent to which an individual sought to maintain the organisation's standards. A survey method was used to collect the data as it was deemed the most appropriate strategy, and questionnaires were sent to the employees of the above organisations. Regression analysis, one-way and two-way analyses of variance, and discriminant analysis were used to test the posited hypotheses. The results were supportive of the main hypothesis that 'an in-house employment contract relates to (or predicts) an individual's work adjustment, job satisfaction and organisational commitment differently from an outsourced employment contract'. The general pattern was that in-house employees were better adjusted, had higher job satisfaction and were more positively affectively committed than their outsourced counterparts. However, there were exceptions, which were discussed and explained. Work adjustment - conceived as a fundamental and primary outcome - was used as an explanatory framework. It was also found that the work adjustment process differed in different occupations. This differentiation between occupations in adjustment to work represented a step forward in our understanding of this area of organisational behaviour. The contribution and implications of the findings were explained. Recommendations for further study using longitudinal analysis and standardised work adjustment questionnaires were made.
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Pate, Judy. "The changing contours of the employment relationship : a case study of the psychological contract." Thesis, Abertay University, 2001. https://rke.abertay.ac.uk/en/studentTheses/54420944-ba80-4d7d-8a82-4801bd062712.
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In recent years organisations have been faced with increasing challenges which have resulted in tensions between innovation and cost effective strategies. Such environmental pressures have resulted in the emergence of a new employment relationship or psychological contract. In the face of this new situation two questions become apparent: ‘how can the new psychological contract be managed effectively?’ and ‘what are the organisational consequences of an ineffectively managed psychological contract?’ This thesis evaluates two key research questions: ‘what factors shape psychological contracts?’ , and ‘what are the implications of breaking such a contract?’ In order to address these questions academic literature was reviewed in Chapter 2, and it is argued that the concepts of context, trust and fairness are key variables that shape psychological contracts. Two new models of psychological contract breach and violation are presented using both processual and variance methodologies. This thesis adopts a postpositivist methodological standpoint, as highlighted in Chapter 3, and draws on both quantitative and qualitative approaches from a longitudinal case study of an industrial textile organisation described in Chapter 4. The findings of research question 1 were presented in Chapter 5, and these suggest that psychological contracts are complex and dynamic, and therefore context is crucial to understanding the nature of the relationship. Furthermore it was found that the notion of fairness impinges on the psychological contract and perceptions of injustice had negative affects on employee attitudes. It was evident that trust was crucial in understanding the psychological contract, however, it was found that personal trust or shared norms between employee and employer were not essential for a positive psychological contract - issues expanded upon in Chapter 6. Research question 2 was addressed through the evaluation of two new models of psychological contract breach and violation, using both quantitative and qualitative methodologies. These results were discussed in Chapter 8, and the qualitative data on balance concurred with the processual model. It was evident through the evaluation of the variance model that triggers of psychological contract breach affected attitudes rather than engendering behavioural changes.
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Aldossari, Maryam. "Repatriation and the psychological contract : a Saudi Arabian comparative study." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8904.
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Studies related to psychological contracts have made significant contributions to our understanding of the exchange relationship between employees and employers. However, the influence of national/organisational culture on the psychological contract has largely been neglected. The thesis examines the influence of national and organisational culture on the way in which psychological contracts are constituted, and how they may change following international assignments and repatriation. The research examines differences in the nature, and consequences of, psychological contract fulfilment or breach across two Saudi organisations in the petroleum and petrochemicals sectors. A qualitative case study approach was adopted. The data were gathered using multiple methods, including interviews, non-participant observations and analyses of organisational documents. The findings reported in the thesis draw upon 60 semi-structured interviews with employees who had been repatriated within the previous 12 months, and 14 interviews with Human Resource (HR) managers in the two organisations, triangulated with extensive documentary analysis and observations. The research findings demonstrate the influence of strong national cultural values shaping organisational culture and HR practices in both organisations, which, in turn, influence the content of the psychological contract (i.e. expectations and obligations) at an individual level, both pre- and post-international assignment. Differences were identified between the two organisations in terms of the influence of different national cultural values on organisational culture and practices; these differences influenced individuals’ perceptions of whether their psychological contract had been fulfilled or breached post-international assignment. The implications of this research are also considered.
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Le, Thi Bao Quynh, and Taha Javaid. "Leader Member Exchange Theory and Psychological Contract Fulfillment: An Empirical Study in a Vietnamese Organization." Thesis, Högskolan i Halmstad, Akademin för ekonomi, teknik och naturvetenskap, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-42722.
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Background: Leader member exchange (LMX) theory focuses on the different associations established by the leaders with their followers through a system of exchanges (high quality and low exchanges), whereas a psychological contract is a tacit agreement between the employer and employee and comprises of employee's beliefs regarding the mutual obligations between the employee and an employer. Since an organization communicates and negotiates through its representatives which indicates people in managerial positions, it is meaningful to draw that the relationship quality between employee and their supervisors may affect the tacit agreement between the employee and organization. Though prior integration of Leader Member Exchange theory and Psychological contract has established the link between these two area of literature, as well as LMX dimensions to Psychological contract fulfilment, there is no empirical study taken place in Asia where Anand, Hu, Liden and Vidyarthi (2011) once observed that LMX and its dimensions may operate differently in more collectivistic and higher power distance cultures. Therefore, this research aims to examine the two main aspects of literature in one of the leading construction management of Asia located in Vietnam. Research questions: Does LMX improve psychological contracts between the organization and the employees? Sub-research question: What is the effect of LMX dimensions on psychological contract fulfilment? Is there any right mix of LMX dimensions in the organization that positively affects the psychological contract? Purpose: The purpose of this study is to examine the interaction effects of leader-member exchange (LMX) and its dimensions on psychological contracts in one specific organization, in other words, it investigates to answer if the different quality exchanges between the leaders/managers with employees support to enhance better mutual obligations between them and give negative or positive effects to the psychological contracts. Secondly, it figures out what exactly is the effect of LMX dimensions on psychological contract fulfilment. Practically, it is to help the researchers and practitioners recognize the increasingly important role of psychological contract which is normally unwritten in formal contract but otherwise gives huge negative influence which results in losing employee’s retention and loyalty. Accordingly, by generating “leader-member exchange” more effectively, the leaders will distribute and/or exchange resources toward the employees better which results in better employee retention and talent management strategies, directly contributing to the organization’s long term sustainable development. Theoretical framework: Articles were used for this thesis were meticulously chosen, focusing on reliable sources and quality content that cover the theoretical background of both main research area of Psychological contracts and Leader-Member Exchange during their historical research until recent. Particular information of the empirical organization and the related industry were brought from the organization and related reports and professional analysis from industry experts. Method: This is a cross-sectional study whose methodology choice is a Mixed methods research which inquires the involvement of both quantitative and qualitative data, integrating these two forms of data with narrative analysis. The data was collected from a construction management organization consists of 385 employees. It adopted interpretivism philosophy in order to create new, richer understandings and interpretations of issues related to social worlds and context, in particular exploring the issue of whether LMX theory have an influence on psychological contracts fulfilment. It follows a deductive reasoning as its main approach. Discussion and Conclusion: Based on the results of respondents’ surveys and the interpretation of the attendants from Focus Group, the discussion was structured and analyzed in line with the structure of the theoretical framework. The study reveals that the psychological contract fulfillment depends not only on the right combination of LMX dimensions and the concern of those most important dimensions but also the distinct characteristics of the organization which concern about their organization behavior and industry features. The study also provides solutions to leaders in order to overcome the problems associated with LMX that can lead to psychological contract breach. Originality/Value – This is the first study that focuses on examining the effect of LMX and its dimensions on psychological contract fulfilment in an Asian country.
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Kochan, Thomas A. "An Employment Policy Agenda for Working Families." MIT Workplace Center, 2002. http://hdl.handle.net/1721.1/7310.
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Шпак, Д. "Реалії застосування контрактної форми трудового договору." Thesis, Українська академія банківської справи Національного банку України, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60901.
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Шлапко, Тетяна Вікторівна, Татьяна Викторовна Шлапко, and Tetiana Viktorivna Shlapko. "Деякі особливості правового регулювання випробування при прийнятті на роботу." Thesis, Українська академія банківської справи Національного банку України, 2011. http://essuir.sumdu.edu.ua/handle/123456789/62462.
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Розглянуті особливості правового регулювання випробування при прийнятті на роботу за українським законодавством.The paper considers peculiarities of legal regulation trials at employment in accordance with Ukrainian law.
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Tykha, A. P. "Legal Regulation of Amendment of Labour Contract. –." Thesis, Київський національний університет імені Тараса Шевченка, 2017. http://openarchive.nure.ua/handle/document/7670.
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The thesis enabled the resolving of the scientific problem regarding the necessity of the existing theoretical doctrine on the labour contract alterations deepen and adjustment according to the modern needs in consideration of latest changes in the economic and social life of the Ukrainian state. The specifics of labour contract alteration legal regulation under the current and draft labour laws of Ukraine are disclosed. The whole set of problems of labour contract alterations legal regulation is singled out and a number of actual proposals concerning sophistication of the current labour legislation in the appropriate part are formulated. The thesis consists of introduction, 3 sections, divided on 9 sub-sections, conclusions and references. Дисертаційне дослідження дало змогу вирішити наукову проблему, яка полягала у необхідності поглиблення та уточнення існуючого теоретичного вчення про зміни трудового договору відповідно до сучасних потреб з урахуванням останніх змін в економічному та суспільному житті української держави. Розкрито специфіку правового регулювання змін трудового договору за діючим та проектним законодавством України про працю. Виокремлено сукупність проблем правового регулювання змін трудового договору та сформульовано низку актуальних пропозицій щодо вдосконалення чинного законодавства про працю у відповідній частині. Дисертація складається із вступу, трьох розділів, які включають дев’ять підрозділів, висновків, списку використаних джерел.
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Earnshaw, A. P. Russell. "The experience of job insecurity for women university graduates in temporary and contract jobs in Vancouver." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26808.
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Field research was used to document the psychological and contextual experience of job insecurity for 15 graduate women in jobs with limited tenure and protection. Single, hour-long, intensive focused interviews were used, employing a projective technique. Transcripts of taped interviews were analyzed for factors associated with positive and negative emotional shifts. Factors were categorized and grouped into domains, which included: the nature of the subjects' job insecurity; effects on work performance, work relations, emotional and physical health, finances, leisure, and, personal and family life.
The experience was shown to fit a transition model of loss and adaption to change. Major stressors were uncertainty, financial fears, pressure to perform, loss of trust, job search and career fears. Typical cognitions included: self doubt; feeling unappreciated, disillusioned, powerless and isolated. Cynicism and feeling compromised were less common reactions. Work relations, and work performance were generally adversely affected as were leisure activities and family life. Financial retrenchment was common. All subjects reported stress and anxiety; some reported depressive symptoms.
Thirteen coping strategies were identified. Cognitive coping was prominent, in particular, denial-like processes used to maintain optimism. "Good coping" and "poor coping" profiles were developed from the data.Education, Faculty of
Educational and Counselling Psychology, and Special Education (ECPS), Department of
Graduate
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Cheng, Yuen-fung Andy. "A study of the employment of non-civil service contract staff in the HKSAR government." Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38597895.
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Parkinson, Ann Priscilla. "The changing nature of the employment relationship : mapping a subjective terrain of the psychological contract." Thesis, Henley Business School, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263503.
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Cheng, Yuen-fung Andy, and 鄭元峰. "A study of the employment of non-civil service contract staff in the HKSAR government." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B38597895.
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Rao, Sujatha. "Knowledge management and contract professionals: A study of contingent employment and knowledge sharing in organisations." Thesis, The University of Sydney, 2010. http://hdl.handle.net/2123/6631.
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An organisation’s knowledge base is a valuable asset that serves as a source of sustainable competitive advantage for the firm. Organisations have become increasingly reliant on the application of knowledge work and the contributions of professionals to the creation of valued organisational knowledge. Implicitly, the literature has assumed permanency in the employment relationship between professionals and organisations and focused on issues such as organisational identification and commitment, and extra-role behaviours of professionals as impacting on their knowledge sharing behaviours. However, the nature of professional or expert employment has become more transient. There has been a marked increase in the use of professionals in contractual roles where the association with the organisation is often temporary and contingent. But the organisational implications of such practices remain largely unexplored. In particular, there is a dearth of research examining the impact of contract professionals on knowledge flows within the firm and on their motivations to participate in knowledge sharing within organisations. This dissertation addresses this gap in the literature. This study examines the knowledge sharing practices of contract professionals in contemporary organisations. Conceptualising knowledge as socially situated and constructed, this qualitative study examines professionals employed as contractors in two large organisations: a large bank and an insurance company; and, based on in-depth semi-structured interviews with contractors and managers, considers why and how professionals engaged as contractors choose to share what they know with the contracting organisation. Engaging with research literatures from knowledge management, professional identity, newer career forms, and psychological contracts, the study generates a typology of contract professionals that suggest distinct knowledge sharing orientations. The study constructs three categories of contractors: Free Agents, Specialists and Consultants, identifies factors that influence and inhibit the knowledge sharing motivations of these categories of contractors and provides recommendations for a more holistic knowledge management strategy for organisations utilising contract professionals. The findings from this doctoral research show how identity work can have practical implications for knowledge management. For example, by exploring the dynamics of professional identity and image construction, the research shows how identity and image influences both the contractor’s knowledge sharing behaviours and the organisation’s knowledge management strategies. Exploring new areas of professional contingent work, this research aims to make a significant contribution to the understanding of knowledge sharing, professional identity and the management of contract professionals within organisations.
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Rao, Sujatha. "Knowledge management and contract professionals: A study of contingent employment and knowledge sharing in organisations." University of Sydney, 2010. http://hdl.handle.net/2123/6631.
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Doctor of PhilosophyAn organisation’s knowledge base is a valuable asset that serves as a source of sustainable competitive advantage for the firm. Organisations have become increasingly reliant on the application of knowledge work and the contributions of professionals to the creation of valued organisational knowledge. Implicitly, the literature has assumed permanency in the employment relationship between professionals and organisations and focused on issues such as organisational identification and commitment, and extra-role behaviours of professionals as impacting on their knowledge sharing behaviours. However, the nature of professional or expert employment has become more transient. There has been a marked increase in the use of professionals in contractual roles where the association with the organisation is often temporary and contingent. But the organisational implications of such practices remain largely unexplored. In particular, there is a dearth of research examining the impact of contract professionals on knowledge flows within the firm and on their motivations to participate in knowledge sharing within organisations. This dissertation addresses this gap in the literature. This study examines the knowledge sharing practices of contract professionals in contemporary organisations. Conceptualising knowledge as socially situated and constructed, this qualitative study examines professionals employed as contractors in two large organisations: a large bank and an insurance company; and, based on in-depth semi-structured interviews with contractors and managers, considers why and how professionals engaged as contractors choose to share what they know with the contracting organisation. Engaging with research literatures from knowledge management, professional identity, newer career forms, and psychological contracts, the study generates a typology of contract professionals that suggest distinct knowledge sharing orientations. The study constructs three categories of contractors: Free Agents, Specialists and Consultants, identifies factors that influence and inhibit the knowledge sharing motivations of these categories of contractors and provides recommendations for a more holistic knowledge management strategy for organisations utilising contract professionals. The findings from this doctoral research show how identity work can have practical implications for knowledge management. For example, by exploring the dynamics of professional identity and image construction, the research shows how identity and image influences both the contractor’s knowledge sharing behaviours and the organisation’s knowledge management strategies. Exploring new areas of professional contingent work, this research aims to make a significant contribution to the understanding of knowledge sharing, professional identity and the management of contract professionals within organisations.
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Kuskienė, Sonata. "Terminuota darbo sutartis pagal Lietuvos ir Lenkijos teisę (lyginamoji analizė)." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20081203_204526-93506.
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Neterminuotos darbo sutartys yra bendriausia ir pagrindinė darbdavių bei darbuotojų darbo santykių forma, tačiau tam tikromis aplinkybėmis – nenuolatinio pobūdžio darbams atlikti - vis dažniau atsiranda poreikis darbuotojus įdarbinti pagal terminuotas darbo sutartis, kurios tam tikromis aplinkybėmis labiau atitinka ir darbuotojų ir darbdavių interesus. Šiame magistro darbe yra nagrinėjamos Lietuvos ir Lenkijos darbo teisėje įtvirtintos nuostatos dėl terminuotos darbo sutarties rūšių išskyrimo, jos sudarymo prielaidos, vykdymo ypatumai bei nutraukimo pagrindai ir apribojimai, analizuojamas šių nuostatų įgyvendinimas teismų praktikoje. Taip pat analizuojamas abiejų valstybių terminuotą darbo sutartį reglamentuojančių nuostatų atitikimas EB Tarybos direktyvoje Nr. 1999/70/EB įtvirtintiems bendriesiems reikalavimams, įpareigojantiems kiekvieną valstybę narę nacionaliniuose teisės aktuose įtvirtinti normas, užtikrinančias vienodų sąlygų taikymą pagal terminuotas darbo sutartis dirbantiems darbuotojams, saugant juos nuo diskriminacijos bei neleisti piktnaudžiauti sudarant terminuotas darbo sutartis. Pažymėtina, jog dauguma terminuotą darbo sutartį reglamentuojančių normų Lietuvos ir Lenkijos darbo kodeksuose yra suderintos su Europos Sąjungos ir tarptautiniais teisės aktais. Terminuotos darbo sutarties analizė, lyginant abiejų valstybių nacionalinės darbo teisės normas, rodo, jog Lenkijos darbo kodeksas labiau orientuotas į liberalius, paremtus šalių lygybe, darbo teisinius... [toliau žr. visą tekstą]Open-ended employment contracts are the most general and the main form of employment relationship between employers and employees; however, in certain circumstances – for the purposes of performing temporary work – there is an increasing need for recruitment of employees under fixed-term employment contracts, which in certain circumstances better respond to the interests of both employees and employers. This master thesis considers the provisions stipulated in the Lithuanian and Polish labour law regarding discernment of the fixed-term employment contract, preconditions for its conclusion, specific features of its execution as well as the basis for and restrictions on its termination; implementation of these provisions in judicial practice is considered. The author also analyses compliance of the provisions of both states regulating the fixed-term employment contract with the general requirements set forth in Council Directive 1999/70/EC and committing every member state to lay down in national legislation the norms ensuring equal treatment for fixed-term workers by protecting them against discrimination and to prevent abuse when concluding fixed-term employment contracts. It should be noted that the majority of the norms regulating the fixed-term employment contract in the Lithuanian Labour Code and the Polish Labour Code have been harmonised with legal acts of the European Union and international legal acts. Analysis of the fixed-term employment contract by comparing both... [to full text]
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Stafford, Jeremy Owen Sutton Charlotte. "An examination of the relationship between a realistic job preview and job applicants' psychological contract perceptions." Auburn, Ala., 2007. http://repo.lib.auburn.edu/2007%20Fall%20Dissertations/Stafford_Jeremy_50.pdf.
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Achtzehn, David. "The deal : employment relations in growth-oriented, high-tech start-ups : an employee perspective." Thesis, Loughborough University, 2015. https://dspace.lboro.ac.uk/2134/19628.
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The aim of this thesis is to explore employment relations in young, growth-oriented, technology-driven (high-tech) start-ups. It takes a closer look at the exchange relationship between founders and their first employees in this specific context. At its core, the research is interested in employees motivation to work for a growth-oriented start-up and their understanding of the employment deal. The study uses the psychological contract as an analytical framework to gain deeper insights into individuals perceptions of this deal. The research is embedded within an interpretivist paradigm and includes eight case studies involving growth-oriented high-tech start-ups in Berlin and London. For each case, in-depth interviews with three full-time employees as well as the founder(s) were conducted. The findings of this thesis demonstrate that the employment deal in growth-oriented start-ups is a short-term, faith-driven contract, which differs substantially from the current understanding of the psychological contract. In contrast to the long-term or open-ended contract often offered by larger, more established organisations, this deal has a defined expiration date . Moreover, the findings challenge the current understandings on remuneration, relationship building and power dynamics within growth-oriented start-ups and add to the literature by offering a re-conceptualisation of the psychological contract. This thesis helps to inform prospective employees about the advantages and challenges of joining a start-up and encourages entrepreneurs to further tailor their management and compensation strategies.
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Le, Roux Charles Hendrik. "The idiosyncratic deal of employees and work outcomes at an academic institution / C.H. Le Roux." Thesis, North-West University, 2012. http://hdl.handle.net/10394/10289.
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Every society has jobs that need to be done in order to survive and to improve its members’ subjective well-being. Work is an important source of individuals’ subjective well-being. Employees within higher education institutions face a complex environment and play an important role in the reconstruction and development in South Africa. Employees are experiencing more challenges in the workplace than ever before. They spend more time at work and because they have less leisure time, they have fewer opportunities of seeking meaning in their lives. These factors have an impact on the well-being and happiness of employees in higher education institutions. The aim of this study was to investigate the relationship between employees’ work experience, type of contract and work outcomes of employees at a higher education institution. A cross-sectional survey design was used with 483 employees at a higher education institution and a response rate of 62% (N = 300) was obtained. The measuring instruments used in this study included the Psychological Contract Across Nations (PSYCONES), Employment Contract Scale, Job Satisfaction Scale, Mental Health Continuum - Short Form and Intention to Quit Scale. Exploratory factor analyses and Cronbach alpha coefficients were computed to determine the construct validity and reliability of the measures. Pearson correlation coefficients, multivariate analysis of variance, one-way analysis of variance and hierarchical regression analyses were used to examine the relationship between the constructs in this study. Bootstrap-estimated confidence intervals were used to assess the significance of indirect effects. The results of study 1 confirmed the validity and reliability of measures (except for the social contract). Age, tenure and gender had statistically significant effects on the fulfilment of one dimension of the psychological contract, namely work conditions. Younger people with less tenure experienced more fulfilment of the psychological contract (regarding work conditions). Tenure also impacted psychological contract violation. Type of contract (permanent versus temporary) impacted the fulfilment of the psychological contract (specifically work conditions). Males (compared to females) experienced more fulfilment of the psychological contract (regarding work conditions) and less violation of the psychological contract. Tenure and type of contract were also related to experiences of the employment contract. The results of study 2 showed that psychological contract violation, job dissatisfaction and lack of flourishing directly impacted turnover intention. Lack of psychological contract fulfilment indirectly impacted job dissatisfaction and languishing via psychological contract violation. The employment contract did not have a statistically significant effect on job satisfaction, flourishing and turnover intention of employees in a higher education institution. Psychological contract violation indirectly impacted turnover intention via job dissatisfaction and languishing of employees. The results of this study confirmed the important role of fulfilment of the psychological contract and non-violation of the psychological contract regarding job satisfaction, flourishing and retention of employees in a higher education institution. Recommendations were made for future research.MCom, Labour Relations Management, North-West University, Vaal Triangle Campus, 2012
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Williams, Don. "The employment and psychological contract in the Department of Justice in the Vaal Triangle / by D. Williams." Thesis, North-West University, 2004. http://hdl.handle.net/10394/2387.
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