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Article
Publication date: 1 May 2006

Philipe Auvergnon

The purpose of this paper is to discuss some lessons drawn from a comparative approach to the issue of the effectiveness in labour law.

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Abstract

Purpose

The purpose of this paper is to discuss some lessons drawn from a comparative approach to the issue of the effectiveness in labour law.

Design/methodology/approach

The paper discusses the consensus on variable ineffectiveness in labour law and describes some different ways of improving effectiveness.

Findings

The issue of effectiveness is not specific to labour law. However, labour law seems particularly subject to ineffectiveness, due to the imbalance of power in labour relations, resulting from the inherent inequality of the parties. A comparative discussion necessarily explored the “standard” issues of application, monitoring and, sanctions to deal with the ineffectiveness of labour law. The present debate particularly highlighted the problems in drafting and content of the law that contribute to non‐compliance.

Originality/value

The paper raises the following question: what effective labour law and for whom?

Details

Managerial Law, vol. 48 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 December 2003

Michal Seweryñski

Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for…

889

Abstract

Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for maintaining the multiplicity of employment contracts, defined by the Labour Code in corresponding to various needs and interests of both employers and employees. Sets out four main conclusions in depth, which cover labour relations contracts in full and how they are perceived to affect the workers and bosses.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 June 2002

Philippe Auvergnon

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern…

152

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 22 December 2005

Berndt Keller

The paper provides an empirical analysis of the development of and perspectives on industrial relations (IR) in Germany. The first part deals with forms and degrees of…

Abstract

The paper provides an empirical analysis of the development of and perspectives on industrial relations (IR) in Germany. The first part deals with forms and degrees of institutionalization, which can be used as measures of the maturity and the potential impact of an academic discipline: IR within universities and research institutes, the professional organization, journals, and textbooks. More recent developments are more in line with those in other continental European states than with Anglo-Saxon countries. The weak, slowly progressing degree of institutionalization leads to the conclusion that IR does not constitute a unitary academic discipline. Nevertheless, research and scholarly interest exist. The second part surveys the structure of scholarly research and disciplinary participation. The German case reveals both common and divergent features compared to other countries. An obvious feature of IR is its disciplinary rather than holistic and interdisciplinary character. Empirical research has been less quantitative, and in more recent times less econometrically oriented than in some other countries. Human resource management's (HRM) institutional as well as personal ties with IR are weak and interdisciplinary debates are rare. Another distinctive feature is the large significance of labor law whose study also follows the strict departmentalization of the university structure in Germany. Empirical research in law is still rare and has definitely no solid position within law schools. On the other hand, industrial sociology has had a substantial impact on IR research for several decades and has covered various parts of IR territory. The third part discusses research topics. For quite some time, trade unions and collective bargaining have been the dominant topic. More recently, the focus of interest has shifted from the meso (sectoral or branch) to the micro (enterprise or shop floor) level. Various forms of codetermination, the institutionalized forms of participation in managerial decision-making, have constituted the other traditional research subject. Throughout the 1990s, the process of German unification constituted a “critical juncture” for IR and was an unexpected new topic. More recently, this kind of “unification research” has come to a natural end. Since the early 1990s, there has been a remarkable increase in scholarly work on IR issues concerning employment regulation and governance within the European Union. Last but not least, some traditionally ignored topics are discussed. Numerous labor market-related issues have been of very limited interest for the core of the IR community. Interest in types of atypical or non-standard employment has remained limited. The same limited attention is true for IR in the expanding non-union sector. Another neglected topic is labor relations in the public sector. The outlook discusses future trajectories of IR research. It is argued that the prospects will be encouraging if younger scholars manage to develop a broader, more integrative definition of the field (e.g., “regulation of all aspects of the employment relationship”).

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-0-76231-265-8

Abstract

Details

Platform Economics: Rhetoric and Reality in the ‘Sharing Economy’
Type: Book
ISBN: 978-1-78743-809-5

Article
Publication date: 10 April 2009

Charles T. Tackney

This paper aims to report the continental European jurisprudence origins and Roman Catholic social teaching parallels of post‐World War II Japanese industrial relations practices…

Abstract

Purpose

This paper aims to report the continental European jurisprudence origins and Roman Catholic social teaching parallels of post‐World War II Japanese industrial relations practices. It focuses on the modes of social relation in the Japanese legal employment ecology of the post‐World War II enterprise and is designed to aid understanding of Japanese management theory and practice. An additional purpose of the paper is to facilitate development of evaluative criteria for authentic adoption of Japanese management practices to other national settings.

Design/methodology/approach

The approach used is an analysis of Japanese sources using industrial relations theory to explore the “working rules” governing post‐World War II Japanese employment relations. This method, grounded in a source‐comparative method, results in the derivation of comparative employment ecology models of the USA, German, and Japanese enterprise. Against this background, the potential evangelization of the American workplace is discussed in reference to Roman Catholic social teaching.

Findings

Success in deploying Japanese management modes of production is contingent upon adaptive appropriation of their modes of social relations within the enterprise. Insofar as the latter derive from and/or reflect continental European jurisprudence and Roman Catholic social teaching, their deployment in other nations – such as the USA – becomes, first, easier to comprehend in principle (not being subject to Japanese concepts), and, second, a potentially potent form of workplace evangelization reflecting continental European industrial relations norms.

Originality/value

Authentic deployment of the Japanese management employment ecology is a form of “evangelization” of the US workplace. Furthermore, it asserts that this constitutes a potential evangelization toward continental European sensibility regarding employment rules, closely related to Roman Catholic social teaching.

Details

Journal of Management History, vol. 15 no. 2
Type: Research Article
ISSN: 1751-1348

Keywords

Article
Publication date: 20 December 2019

Shweta Belwal, Rakesh Belwal and Suhaila Ebrahim Al-Hashemi

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs)…

Abstract

Purpose

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs.

Design/methodology/approach

Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB.

Findings

The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs.

Research limitations/implications

This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise.

Practical implications

The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory.

Social implications

Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market.

Originality/value

There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.

Details

Employee Relations: The International Journal, vol. 42 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 April 1993

Patricia Fosh, Huw Morris, Roderick Martin, Paul Smith and Roger Undy

This is the second of two linked articles on the question of unionautonomy; the first appeared in the previous issue of this journal. Itconsiders state control and approach to…

Abstract

This is the second of two linked articles on the question of union autonomy; the first appeared in the previous issue of this journal. It considers state control and approach to union autonomy in the wider context of state controls on unions′ bargaining activities including industrial action. Two questions are posed: whether there is any “balance” between state respect for union autonomy and state confidence that union collective bargaining activities take place within a legally prescribed framework; and how the state in the UK was able to shift so rapidly from the traditional, voluntary approach and the incipient neo‐corporatism of the 1970s, to the detailed and onerous regulation of union internal and external activities in the 1980s and 1990s.

Details

Employee Relations, vol. 15 no. 4
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 27 March 2009

Zolomphi Nkowani

The purpose of this paper is to critically review the arguments for and against a social clause as an ethical benchmark for international trade.

1983

Abstract

Purpose

The purpose of this paper is to critically review the arguments for and against a social clause as an ethical benchmark for international trade.

Design/methodology/approach

The paper takes a social economic approach in analysing the case for and against a social clause in international trade. It considers an economic, jurisprudential, social and human rights case for a social clause.

Findings

The consideration of a social clause purely in economic terms, removed from its social context fundamentally flaws the arguments on both sides of the debate. The conclusion of south‐south labour agreements, north‐south bilateral free‐trade agreements and regional integration schemes incorporating labour standards has a positive impact on diffusing tension and helping in consensus building around the issue. Labour standards are human rights and to claim comparative advantage in human rights in trade is unethical. There is a need to keep the debate alive especially within the World Trade Organization.

Practical implications

The paper provides an insight into the utility of a social clause in the trade and development agenda for both developed and developing countries.

Originality/value

Given the strength of emotions surrounding the issue, the proposed approach will assist in detoxing the debate and in providing an avenue for vertical and horizontal consensus building on the issue.

Details

Journal of International Trade Law and Policy, vol. 8 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

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