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Book part
Publication date: 25 February 2018

Naushad Khan

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Public Procurement Fundamentals
Type: Book
ISBN: 978-1-78754-608-0

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Book part
Publication date: 7 March 2013

Shaun Rawolle

Like other academic fields, educational policy is being reviewed for the affective component. Analysis is occurring in two forms: (a) the affects of education policy on…

Abstract

Like other academic fields, educational policy is being reviewed for the affective component. Analysis is occurring in two forms: (a) the affects of education policy on education, school leaders, teachers and student learning outcomes and (b) text analysis of specific education policies. This chapter explores the representation of emotions in education policy texts, drawing on a theory of social contracts (Rawolle & Vadeboncoeur, 2003; Yeatman, 1996) as a way to explore what is being conveyed to administrators and teachers. This chapter considers the way in which emotions are represented in education policy, through social contract analysis. Social contracts are underpinned by three underlying conditions: consent to be a part of a contract, points of renegotiation through the duration of the contract and mutual accountability to those involved.

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Emotion and School: Understanding how the Hidden Curriculum Influences Relationships, Leadership, Teaching, and Learning
Type: Book
ISBN: 978-1-78190-651-4

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Book part
Publication date: 20 May 2019

Mohd Hairul Azrin Haji Besar

In this chapter muamalah contracts are developed through the derivation of the respective rules from the requirement of shari'ah, not only avoiding the prohibited items in…

Abstract

In this chapter muamalah contracts are developed through the derivation of the respective rules from the requirement of shari'ah, not only avoiding the prohibited items in commercial transaction but at the same time enforcing the rights of parties to the contract in accordance with the contractual needs. Thus, these contracts safeguard the parties from being victim of the other in pursuing their commercial gains. The study examines the requirement of mudarabah and musyarakah contracts in the context of the relationship between shareholders and corporation as a foundation of a sound corporate governance mechanism. It is derived that the muamalah contracts if applied in its true nature are capable of defining and protecting the rights of all parties ridding crucial corporate governance concern which are mostly incited by the distrust of the parties in the running of the corporation and generation of benefits.

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Research in Corporate and Shari’ah Governance in the Muslim World: Theory and Practice
Type: Book
ISBN: 978-1-78973-007-4

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Article
Publication date: 12 July 2021

Chandrasekararao Seepana, Ahmad Khraishi, Antony Paulraj and Fahian Anisul Huq

This study aims to investigate how contract complexity and relational trust could impact offshore outsourcing innovation (OOI) performance of small and medium enterprises…

Abstract

Purpose

This study aims to investigate how contract complexity and relational trust could impact offshore outsourcing innovation (OOI) performance of small and medium enterprises (SMEs). This study further examines the moderating effects of knowledge routines and joint actions on the relationships between contract complexity, as well as relational trust and OOI performance.

Design/methodology/approach

The empirical investigation extends transaction cost economics and the relational view of buyer-supplier dyads in the context of offshore outsourcing SMEs. To test the hypotheses, the authors collected and analysed survey data from 200 European manufacturing SMEs that have existing offshore supplier relationships.

Findings

The results suggest that both complex contracts and relational trust as governance structures positively affect SMEs’ OOI performance. Additionally, while both formal knowledge routines and joint actions help strengthen the relationship between complex contracts and OOI, they showed no significant moderating effect on the relationship between relational trust and OOI. Furthermore, based on the results, the authors also develop a governance framework covering four configurations – fit, firm, flexible and fragile (4F).

Originality/value

The 4F governance scenarios – fit, firm, flexible and fragile – introduced in this study emphasise the need for a combination of contract complexity and relational trust mechanisms in OOI relationships. The 4F labelling has rich implications for practitioners on how interfirm outsourcing innovation relationships can be managed based on configurations of contractual and relational governance. The study also adds to the understanding of how SMEs’ specific characteristics (e.g. resource shortcomings and flexibility) may influence their OOI decisions in comparison with large firms.

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Supply Chain Management: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-8546

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Article
Publication date: 29 July 2021

Islam Kamal

This paper aims to compare the rebate computation in Islamic sale-based financing contracts as proposed by Bank Negara Malaysia (BNM) in its guidelines on ibrāʾ (rebate) …

Abstract

Purpose

This paper aims to compare the rebate computation in Islamic sale-based financing contracts as proposed by Bank Negara Malaysia (BNM) in its guidelines on ibrāʾ (rebate) – with the rebate computation in conventional finance that is applicable to conventional loans, thus examining if there is a significant difference between the two approaches.

Design/methodology/approach

The paper employs the qualitative analysis method, involving review and discussion of relevant literature. Subsequently, a quantitative analysis is utilized to compare both rebate computations: the one proposed by BNM for Islamic sale-based financing contracts and the conventional finance computation that is utilized in conventional loans.

Findings

BNM's rebate computation for debts resulting from sale-based financing contracts does not differ from the conventional finance rebate computation applied to conventional loans; such similarity may raise the usury concerns that the conventional finance rebate computation raises.

Research limitations/implications

The paper focused only on the fixed profit rate rebate computation proposed by BNM guidelines.

Practical implications

The results highlight the need for seeking another rebate computation to be applied in Islamic financial institutions in the case of mandatory bilateral rebate for sale-based financing contracts – a computation that differs from the practice utilized in conventional loans in order to avoid any usury implications associated with conventional finance computation.

Originality/value

The paper examines the rebate practice proposed by BNM for sale-based financing contracts. Forcing a predetermined rebate computation in sale-based financing contracts could be plausible as BNM requires; however, the suggested computation might be questionable because it resembles conventional finance computation.

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ISRA International Journal of Islamic Finance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0128-1976

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Article
Publication date: 15 July 2021

Anushree Karani, Payal Trivedi and Heena Thanki

The purpose of the current research is to examine the impact of psychological contract fulfillment on work outcomes i.e. organizational commitment and job satisfaction…

Abstract

Purpose

The purpose of the current research is to examine the impact of psychological contract fulfillment on work outcomes i.e. organizational commitment and job satisfaction during the COVID-19 pandemic. It also aims to check the mediating role of co-worker support and work engagement on organizational outcomes.

Design/methodology/approach

The current study has adopted a quantitative approach and a cross-sectional research design has been used with a snowball sampling technique. Data were collected via a structured questionnaire through Google Docs from 926 respondents working at different capacities in the service sector. The study includes those respondents who are working from home during the COVID-19 pandemic situation. The hypotheses were tested using structural equation modeling (SEM).

Findings

Results indicated that psychological contract fulfillment was positively impacting work outcomes i.e. organizational commitment and job satisfaction. Co-worker support and work engagement positively mediated the relationship between psychological contract fulfillment and work outcomes during the COVID-19 pandemic situation. Multi-group analysis proved that there was a difference in opinion regarding the impact of psychological contract fulfillment on organizational commitment and job satisfaction amongst males and females.

Originality/value

The novel contribution of the study is integrating social exchange theory, organization support theory and social information processing theory during the pandemic situation. The results highlighted meticulous empirical evidence, which answers the question as to how the met expectations cause an advantageous effect on the employees as well as the organizations in this COVID-19 pandemic situation.

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Journal of Organizational Effectiveness: People and Performance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2051-6614

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Article
Publication date: 29 July 2021

Timothy G. Hawkins, Michael J. Gravier and Suman Niranjan

The purpose of this study is to better understand the effectiveness of buyers’ defensive measures to thwart bid protests in government procurements.

Abstract

Purpose

The purpose of this study is to better understand the effectiveness of buyers’ defensive measures to thwart bid protests in government procurements.

Design/methodology/approach

A sample of 240 sourcing professionals concerning government source selections is used to analyze a logistic regression model exploring 6 antecedents of bid protests.

Findings

This research implicates the importance of oral presentations of offers, the type of value procured (i.e. services), protest experience, the quantity of document revisions, transaction costs and cost reimbursement contracts in receiving a bid protest.

Originality/value

To the best of the authors’ knowledge, this research is the first to explore sourcing strategy decisions that can contribute to the receipt of a bid protest. It adds clarity to an understudied market of business – the public sector.

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Journal of Business & Industrial Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0885-8624

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Article
Publication date: 22 June 2021

Eldrede T. Kahiya and Petra Butler

This paper aims to dissect cross-border contracting practices among exporting businesses. The under-representation of exporter-importer dynamics and the superficial…

Abstract

Purpose

This paper aims to dissect cross-border contracting practices among exporting businesses. The under-representation of exporter-importer dynamics and the superficial understanding of contracts are the motivation for this exploratory study.

Design/methodology/approach

The qualitative multiple case study design focuses on 18 small to medium size enterprise (SMEs) exporting from New Zealand. The analysis encompasses coding, pattern matching and explanation building. This paper uses coding to uncover themes and pattern matching/cross-case comparison to facilitate explanation building.

Findings

The paper underlines the scant use of formal international sales/distribution contracts, the lack of knowledge concerning contracting, barriers to contract formation, misgivings about the court system and litigation and the adoption of proxy contracts. This paper depicts varieties of contracting practices, namely, no formal contract, improvisational, normative, and formal contractual arrangements and underlines the context in which each approach applies.

Research limitations/implications

Similar to most studies in this area, the dissection of contracting practices derives from the exporter side of the dyad. This robs the research of a holistic view of the exchange. Nonetheless, this paper contributes to a better understanding of contract formation and formalization and to the role of context in shaping the activities of exporting SMEs.

Practical implications

Although formal contracts are vital, they are not obligatory in all exchanges. Contracts matter more for high intensity exporters with comparatively short relationship histories, selling knowledge-intensive products in predominantly non-relational cultures. Policymakers should highlight the importance of contracts in such contexts and direct SMEs to several freely available resources on cross-border contracting.

Social implications

The research casts fairness/equity and access to justice as pertinent structural disadvantages impacting the contracting practices of exporting SMEs.

Originality/value

According to the authors’ knowledge, this paper is among the first studies to provide an in-depth portrayal of the contracting practices of exporting SMEs, to detail the pervasiveness of non-contractual contracting practices and to depict contracting as nuanced and context-dependent.

Details

Journal of Business & Industrial Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0885-8624

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Article
Publication date: 17 June 2021

Lorenzo Pratici and Phillip McMinn Singer

Health-care systems around the globe share several pressing challenges – including increasing costs and patient outcomes. Innovative arrangements, such as public–private…

Abstract

Purpose

Health-care systems around the globe share several pressing challenges – including increasing costs and patient outcomes. Innovative arrangements, such as public–private partnerships (PPP) can be adopted to help address these challenges. Although the promise of PPPs is great, so are its peril if the arrangements are not managed and regulated adequately through the contracting process. Yet, PPP arrangements can introduce their own unique set of problems. This paper aims to analyze how PPPs contracting accounts for three major problems identified reviewing the: performance measurement and audit; determination of compensation and risk management–related issues.

Design/methodology/approach

The authors used a case study approach to analyze contracting among health-care PPPs in two countries: Italy and the USA. With a structured review performed on Scopus database using a keywords Boolean research, the authors identified three recurring major issues to investigate in two selected cases, one per country. For each major issue, the authors defined several sub-issues retrieved from a widely used institutional framework. In each sub-issue, a documental analysis on all published information related to the signed contract has been performed identifying the approaches used by the two organizations.

Findings

The authors find that PPP contracting in the USA case seems to be oriented more toward managing institutional change as well as more flexibility in the deductibility and compensation determination for organizations and providers, suggesting this organization is more oriented to change in general. The authors find that PPP contracting in Italy more clearly delineate the allocation of risk between organizations that engage in PPPs, suggesting a more practical approach.

Practical implications

PPP is complex. Contracting helps manage the complexity of these arrangements. This case study approach to PPP contracting highlights the variation in contracting approaches across two different countries. Policymakers and health-care managers need to ensure that PPP contracting clearly delineates auditing and performance measurement, compensation and risk management.

Originality/value

The authors’ analysis sheds light on the different approaches to arranging health-care PPPs in two different country settings. More research should be done to connect these different approaches to important outcomes, such as patient and organizational finances, as well as expanding the scope of countries adopting PPP in health care.

Details

International Journal of Organizational Analysis, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1934-8835

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Article
Publication date: 14 June 2021

Dong Liu, Yongchuan Bao and Guocai Wang

The purpose of this study is to examine how formal contracts affect alliance innovation performance. To understand the mechanism underlying the impact, this study tests…

Abstract

Purpose

The purpose of this study is to examine how formal contracts affect alliance innovation performance. To understand the mechanism underlying the impact, this study tests whether relationship learning mediates the impact of formal contracts on alliance innovation performance and how guanxi moderates the mediating effect.

Design/methodology/approach

This study is conducted with a sample of 225 manufacturers in China. This paper used hierarchical regression analysis to test the hypotheses and used the PROCESS method to test the mediating effect of relationship learning.

Findings

Formal contracts positively affect relationship learning, which facilitates alliance innovation performance. Guanxi positively moderates the effect of formal contracts on alliance innovation performance. Relationship learning mediates the relationship between formal contracts and alliance innovation performance. Moreover, guanxi positively moderates the mediating effect.

Research limitations/implications

Future research could investigate factors moderating the effect of guanxi on alliance innovation performance and moderating the effect of relationship learning on alliance innovation performance. Future research can also use secondary data to measure alliance innovation performance. Future researchers can examine how guanxi as a relational mechanism governance affects relationship learning.

Practical implications

Managers should conduct relationship learning in the process of alliance innovation and realize that reducing opportunism does not mean improving innovation performance. Moreover, managers should know that guanxi could contribute to alliance innovation performance with the help of formal contracts.

Originality/value

Prior studies have mainly focused on the fundamental requirement of governing knowledge exchange in alliances. Little is known about the mediating effect of relationship learning on the relationship between formal contracts and outcomes of innovation alliances. This study contributes to the literature by filling the gap.

Details

Journal of Business & Industrial Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0885-8624

Keywords

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