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Book part
Publication date: 13 April 2015

Balakrishnan Muniapan

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the…

Abstract

Purpose

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.

Methodology/approach

This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.

Findings

There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.

Research limitations/implications

The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.

Practical implications

With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.

Originality/value

In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Abstract

Details

Corporate Governance and Business Ethics in Iceland: Studies on Contemporary Governance and Ethical Dilemmas
Type: Book
ISBN: 978-1-80382-533-5

Book part
Publication date: 4 July 2003

Bruce E Kaufman

The employment practices of major American companies underwent a marked transformation in the fifteen-year period dating roughly from the beginning of World War I to the oncoming…

Abstract

The employment practices of major American companies underwent a marked transformation in the fifteen-year period dating roughly from the beginning of World War I to the oncoming of the Great Depression in late 1929 (Jacoby, 1985; Lescohier, 1935). At the start of World War I, the practice of personnel management was unknown in American industry. Instead, employment practices were largely informal, unscientific and administered in a decentralized, often heavy-handed and capricious manner by foremen and gang bosses. Labor was typically viewed as a commodity to be bought for as little possible and used for only as long as needed, leading to an employment relationship that was short-term and insecure. The prevailing methods of management were also highly autocratic and arbitrary, with workers expected to obey whatever orders were given and at risk of being fired for any offense real or imagined.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-0-76231-028-9

Book part
Publication date: 1 November 2008

Atreya Chakraborty and Shahbaz Sheikh

This study investigates the impact of corporate governance mechanisms on performance related turnover. Our results indicate that smaller boards and institutional block holders are…

Abstract

This study investigates the impact of corporate governance mechanisms on performance related turnover. Our results indicate that smaller boards and institutional block holders are positively related to the likelihood of performance related turnover. CEOs that also hold the position of the chairman of the board or belong to a founding family face lower likelihood of turnover. CEO stock ownership is negatively related to turnover and CEOs who own 3 percent or more of their company stock face a significantly lower likelihood of performance related turnover. Moreover, protection from external control market has no effect either on the likelihood of turnover.

Details

Institutional Approach to Global Corporate Governance: Business Systems and Beyond
Type: Book
ISBN: 978-1-84855-320-0

Abstract

Details

Documents from and on Economic Thought
Type: Book
ISBN: 978-1-84950-450-8

Book part
Publication date: 2 December 2016

Hanna Danilovich

This paper addresses a highly under-research question of employee voice in Belarus using labour process theory, specifically, Ramsay’s (1977) cycles of control theory to assess…

Abstract

This paper addresses a highly under-research question of employee voice in Belarus using labour process theory, specifically, Ramsay’s (1977) cycles of control theory to assess the evolution of voice at transitional periphery. Using the sample of 10 industrial enterprises, the paper explores the degree of management control over formal voice and the role of trade unions in defending of independent voice at the collective level. Informal voice at the individual level is also analysed. The findings demonstrate that the degree of direct control over formal voice in Belarus exceeds that in the Soviet Union due to suppression of independent trade union voice. The loss of workers’ control over the labour process has led to decreasing informal voice at the individual level. However, the earlier argument on workers’ patience is not supported due to a growing number of organised workers protests.

Details

Employee Voice in Emerging Economies
Type: Book
ISBN: 978-1-78635-240-8

Keywords

Book part
Publication date: 8 July 2010

Carlo Salvato, Francesco Chirico and Pramodita Sharma

In this chapter we investigate the role of family-specific factors in facilitating or constraining business exit in family firms. Family business literature seems to have an…

Abstract

In this chapter we investigate the role of family-specific factors in facilitating or constraining business exit in family firms. Family business literature seems to have an implicit bias toward continuity and persistence in the founder's business. This is explained by heavy emotional involvement and development of path-dependent core competences over generations. However, several long-lived family firms were able to successfully exit the founder's business. Exit allowed them to free significant strategic resources, which were later reinvested in exploiting novel entrepreneurial opportunities. Our aim is to investigate the process of exit from the founder's business in family firms, to explain both triggers and obstacles to decommitment and de-escalation. We address this issue through the study of the Italian Falck Group's exit from the steel industry in the 1990s, followed by successful startup of a renewable energy business. By carefully triangulating different data sources and different voices within and outside the controlling family, we develop a framework describing family-specific facilitators and inhibitors of business exit, and subsequent startup of a new business. Three types of family-specific factors emerge as relevant in shaping a family firm's likelihood and speed of exit from a failing business: family-related psychological triggers and obstacles to business exit; family-specific components of the structural de-escalation context; family responses to ensuing de-escalation and exit needs. The emerging framework offers a more nuanced interpretation of decommitment activities in family firms, pointing to the differential role family-specific factors may play as facilitators or inhibitors of business exit. We also suggest how these family-specific results may contribute to a deeper understanding of exit in nonfamily firms. Our results also have practical implications for family business entrepreneurial management. Actively managing the different determinants of exit choices that emerged from our study will set the stage for de-escalation from a failing course of action – a dynamic capability all family firms should learn and practice if they intend to transfer their entrepreneurial orientation to next generations.

Details

Entrepreneurship and Family Business
Type: Book
ISBN: 978-0-85724-097-2

Book part
Publication date: 8 November 2004

Peter deLeon and Mark T. Green

The presence of political corruption possibly predates the historical record. For years, it was viewed as an artifact of political development, a common malignancy that nations…

Abstract

The presence of political corruption possibly predates the historical record. For years, it was viewed as an artifact of political development, a common malignancy that nations would naturally reject as a function of their respective national maturations; this was one of the underlying theses of the American progressive movement. However, this cleansing has been neither as straightforward nor as natural as its proponents would argue. An anti-corruption coalition established in the 1990 under the umbrella of Transparency International (TI) has brought a new light on the world of political corruption. TI annually publishes a Corruption Perception Index that in 2001 ranked over 90 nations in terms of their perceived political corruptions. Peter Eigen, the TI Chairman, observed that “There is no end in sight to the misuse of power by those in public office – and corruption levels are perceived to be as high as ever in both the developed and developing nations” (Transparency International Press Release, 2001).1

Details

Strategies for Public Management Reform
Type: Book
ISBN: 978-1-84950-218-4

Book part
Publication date: 12 November 2016

Jongmoo Jay Choi, Michael R. Powers and Xiaotian Tina Zhang

The paper provides an overview of material helpful in placing the subsequent papers in context, as well as a summary of the research contributions made by the individual papers…

Abstract

Purpose

The paper provides an overview of material helpful in placing the subsequent papers in context, as well as a summary of the research contributions made by the individual papers themselves.

Methodology/approach

We begin with a timeline of China’s Economic Reform, including both major events that permitted the opening and expansion of the nation’s economy, and important milestones of the historical movement. We then consider the impact of philosophy and culture (particularly, Confucianism and socialism) on China’s society and government, which leads naturally to certain observations regarding the political-economic model in which state-owned enterprises play a central role. In the final section, we briefly summarize the contents of the remaining papers.

Details

The Political Economy of Chinese Finance
Type: Book
ISBN: 978-1-78560-957-2

Keywords

1 – 10 of 146