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The decline of collective representation and rise of individual employment rights is a transformative shift in employment relations that has changed the landscape of workplace dispute resolution. I propose a model that seeks to provide a new approach to understanding how workplace dispute resolution functions in the era of individual employment rights.

The model I propose focuses the analysis on the elements that connect the structure of rights that are enacted to the patterns of employment practices in the workplace.

My argument is that the systems for enforcement of individual employment rights and the mechanisms of representation for the employees affected are as important as the substantive rights themselves in determining the impact of the individual rights regime. These three elements combine to determine the degree to which the individual employment rights serve as an effective source of power for employees in relation to their employers.

The establishment of these sources of power is what then results in the individual rights regime producing an effect on the employers’ patterns of practices in the workplace and ultimately determining the nature and character of the employment relationship.

The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.

Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.

The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.

What is the best way for service organizations to evaluate and motivate service employees so that customers are retained and new customers are attracted? What motivates service employees to deliver high quality service? Are there actions a service organization can take, e.g. way of evaluating, training, and rewarding employees, which encourage them to perform to the organization’s advantage? Answers to these questions would enable a service organization to formulate a system that links human resource management policies to desired service employee performance, thus enhancing customer perceptions of service quality and organizational financial outcomes. This research investigated organizational citizenship behavior, with its framework of organizational rights and responsibilities, to explore these issues. The research shows that service employee perceptions of how they are treated by the service organization, i.e. what organizational rights they receive, are positively associated with organizational citizenship behaviors. Furthermore, it demonstrates that these behaviors result in more effective service delivery to organizational standards and enhanced customer perceptions of service quality.

This paper aims to explore the extent to which unionized employees are dissatisfied in Chinese Enterprise Trade Unions (CETUs) when they perceive high levels of the triple-role conflicts, as well as whether rights expectations will moderate these relationships. The authors define CETUs' triple-role conflicts as the extent to which CETUs and their cadres prioritize fulfilling the roles of preserving social stability (“peace”) and/or maintaining the production order (“production”) over protecting worker's rights and interests (“workers” rights).

Pilot study developed the scales via both qualitative and quantitative studies, which include item generation using the transcript of individual interviews with 36 informants, and exploratory factor analyses with 106 respondents. The study used a sample of 327 employees from more than 20 firms in North and Southwest China.

Results indicate high reliability and validity of the scales and provide largely consistent supports for our hypotheses: three dimensions of triple-role conflicts are negatively related to employees' satisfaction in CETUs, and rights expectations moderate these relationships.

This study developed three scales to respectively measure CETUs' triple-role conflicts, rights expectation and satisfaction in CETUs. More importantly, the findings shed light on the moderating mechanism of rights expectation in the relationships between triple-role conflicts and satisfaction in CETUs.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These rights or entitlements which are all personal in nature are divisible, for the sake of convenience, into four parts. Firstly, individual rights. These include guarantee payments, medical suspension, maternity, time off for specified activities, and the employer's insolvency. These rights are by no means exhaustive. Other rights of an individual nature as for example the right not to belong to a trade union where a closed shop is in operation; rights in connection with trade union membership; written reasons for dismissal; and so on, will be treated in the context of the discussion which will take place under the appropriate heading. Secondly, it is proposed to examine the employees right not to be discriminated against in employment on grounds of race and sex, thirdly, his right not to be unfairly dismissed will be analysed, to be followed finally by his right to redundancy payments. In this monograph, it is proposed to examine the first of these personal rights, namely the employee's individual rights. Each of the others will be discussed in subsequent monographs. It should be noted that unlike the common law terms implied into the contract of employment which consist of duties imposed on both the employer and the employee and which can be contracted out of by an express term in the contact of employment the statutory conditions of employment cannot be dispensed with in that manner. Like the implied terms at common law, the statutory conditions of employment too form another source of contract of employment though of course they are independent in that they neither form part of the contract of employment nor of the common law rights.

This paper aims to investigate whether multinational enterprises (MNEs) are more or less likely than local firms to violate their employees’ human rights in emerging economies, whether regional institutional pressures influence the likelihood of violating employee human rights and whether the density of MNEs in a region affects the likelihood of employees’ human rights violation by local firms.

Building on neo-institutional theory, this paper hypothesizes that, in an emerging economy, MNEs violate their employees’ human rights significantly less than local firms do. Moreover, it is hypothesized that the quality of regional institutions only influences the social behavior of local firms toward their employees. In addition, it is hypothesized that the density of MNEs in a region has a positive effect on local firms’ attitudes toward employee human rights. These hypotheses are examined using a sample of 1,211,638 respondent–year observations in 32 Mexican regions between 2005 and 2014.

This paper shows that MNEs are less likely to violate their employees’ human rights than local firms are. It also provides evidence that regional institutions do not influence MNE behavior toward employee human rights violation, but affect local firms. Furthermore, contrary to what was hypothesized, the density of MNEs in a region has a negative rather than positive influence on local firms’ respect of employee human rights.

This paper advances understanding of the behavior of MNEs in an emerging economy setting and contributes to the ongoing debate in the literature on their social impact.