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Article
Publication date: 15 June 2020

Filip Pertold and Lenka Lakotova

In this paper, the authors analyse a 2010 legal reform in the Czech Republic, which allowed retirees to simultaneously receive regular pension benefits and to work on a…

Abstract

Purpose

In this paper, the authors analyse a 2010 legal reform in the Czech Republic, which allowed retirees to simultaneously receive regular pension benefits and to work on a permanent contract for a period longer than one year. Previously, concurrence of employment and receipt of retirement benefits were only allowed in conjunction with a temporary work contract with a maximum duration of one year.

Design/methodology/approach

The authors employ the difference-in-differences method. The authors include only males in the analysis because it is not possible to identify the legal retirement age for women from available data. Men in the workforce 1–3 years prior to the statutory retirement age are in a control group, while men 1–3 years older are in a treatment group.

Findings

The authors show that the reform significantly increased the share of permanent contracts held by retirees (by 22.5–27.6 percentage points), though we do not find any aggregate short-term change in employment of retirees. Heterogeneity analysis shows a significant increase in the employment of retirees with only elementary school education (by 17.9 percentage points) and a significant decrease in the number of hours worked by retirees (by 2.5 h weekly for low-educated workers).

Practical implications

The policy conclusion is that the regulation of employment contract does not affect aggregate employment, but may improve employment of low skilled workers.

Originality/value

To the authors’ best knowledge, there are no studies directly analysing motivation of retirees by types of employment contracts. The authors, thus, add to the literature that studies dealing with the general fixed-term versus permanent contracts (Engellandt and Riphahn, 2003) and motivation to work.

Details

International Journal of Manpower, vol. 41 no. 5
Type: Research Article
ISSN: 0143-7720

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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…

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

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Article
Publication date: 1 January 1984

J.R. Carby‐Hall

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his…

Abstract

In the first two sections the author discusses and analyses the1 terms of employment implied at common law. Then the implied common law duties of the employer towards his or her employee and the employee towards his or her employer are discussed. Custom, practice and works rules as sources of terms of the contract of employment are then considered.

Details

Managerial Law, vol. 26 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 24 May 2011

Michael Clinton, Claudia Bernhard‐Oettel, Thomas Rigotti and Jeroen de Jong

The purpose of this paper is to explore an expanded temporal context of non‐permanent work through an examination of the influence of previous experience of temporary…

Abstract

Purpose

The purpose of this paper is to explore an expanded temporal context of non‐permanent work through an examination of the influence of previous experience of temporary working, contract duration and time remaining on contract and expectations of continued employment on reports of job insecurity, job satisfaction, in‐role performance and organisational commitment.

Design/methodology/approach

Hypotheses were tested using responses of 1,169 temporary workers from a multi‐national, cross‐sectional questionnaire study.

Findings

Hierarchical regression analyses indicated that having previous experience of temporary work was associated with higher in‐role performance. No significant effects were found for contract duration, but shorter time remaining on present contract was associated with greater job insecurity and also greater in‐role performance. However the strongest effects were found for expectations of continued employment, with stronger expectations being linked to more positive reports of each outcome. A number of moderation effects were found that indicated interactions between temporal variables and revealed a moderating role of preference for temporary work.

Originality/value

The paper is one of the first to formally consider the influence of a broader temporal context on attitudes and behaviours of temporary workers. Significant associations were found between elements relating to each of the past, present and future and important individual and organisational variables in the present. These effects were sustained above and beyond the influence of variables such as country, sector, preferences, skill level, contract type, and demographics that are known to affect temporary workers' attitudes and behaviours.

Details

Career Development International, vol. 16 no. 2
Type: Research Article
ISSN: 1362-0436

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Article
Publication date: 8 February 2011

Sam Middlemiss

For longer than most people would think, over 40 years, organisational psychologists have been defining and characterising the employment relationship in terms of the…

Abstract

Purpose

For longer than most people would think, over 40 years, organisational psychologists have been defining and characterising the employment relationship in terms of the psychological contract. Across the same period, judges have through their decisions in legal cases been setting down implied terms that apply to all contracts of employment. Accompanying this development certain commentators, drawn from both academic and practitioner backgrounds have been analysing these terms in considerable detail. The purpose of this paper is to analyse the nature and importance of the concept of the psychological contract and consider its application in the context of the most important implied terms in the contract of employment.

Design/methodology/approach

This article was written from a review of the secondary sources of the two disciplines covered. It was only possible to give an overview of the key areas and their influence and given that these two areas had not been analysed together before there was little material available to refer to. The underlying question is how complimentary and compatible are these concepts? This is fully considered through analysis of the effect of their combination in explaining or de‐limiting the employment relationship and the contract of employment.

Findings

It is contended that as both these contracts have in some respects a common purpose it seems an opportune time to reflect on their role and their potential, if any, for combined utilisation in the workplace.

Originality/value

It is contended that this research is important as it analyses the nature and impact of two different contractual models that characterise and regulate the employment relationship. These models are drawn from two separate disciplines and as far as this commentator is aware this is the first time this specific form of analysis has been undertaken.

Details

International Journal of Law and Management, vol. 53 no. 1
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 December 2002

Jo Carby‐Hall

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…

Abstract

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.

Details

Managerial Law, vol. 44 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 1983

J.R. Carby‐Hall

The status of employee which draws the distinction between a contract of service and a contract for services, and the practical aspects of the two relationships have been…

Abstract

The status of employee which draws the distinction between a contract of service and a contract for services, and the practical aspects of the two relationships have been discussed. The transfer of the employee by the permanent to the temporary employer has also been considered. It is now proposed to treat a variety of employment relationships which will include short term and casual labour, temporary workers supplied by an agency, labour only sub contracting, outworkers, apprentices, students and cadets, part time labour, crown employment, office holders; probationary employees and finally merchant seamen. The criterias discussed and analysed in relation to the status of employee apply to some, but not to all, of these employment relationships.

Details

Managerial Law, vol. 25 no. 4
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 30 March 2020

Barry Collins

The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment

Abstract

The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.

Details

Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis
Type: Book
ISBN: 978-1-83867-604-9

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Abstract

Details

The Rise of Precarious Employment in Europe
Type: Book
ISBN: 978-1-78714-587-0

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Book part
Publication date: 30 June 2004

Lynn M Shore, Lois E Tetrick, M.Susan Taylor, Jaqueline A.-M Coyle Shapiro, Robert C Liden, Judi McLean Parks, Elizabeth Wolfe Morrison, Lyman W Porter, Sandra L Robinson, Mark V Roehling, Denise M Rousseau, René Schalk, Anne S Tsui and Linn Van Dyne

The employee-organization relationship (EOR) has increasingly become a focal point for researchers in organizational behavior, human resource management, and industrial…

Abstract

The employee-organization relationship (EOR) has increasingly become a focal point for researchers in organizational behavior, human resource management, and industrial relations. Literature on the EOR has developed at both the individual – (e.g. psychological contracts) and the group and organizational-levels of analysis (e.g. employment relationships). Both sets of literatures are reviewed, and we argue for the need to integrate these literatures as a means for improving understanding of the EOR. Mechanisms for integrating these literatures are suggested. A subsequent discussion of contextual effects on the EOR follows in which we suggest that researchers develop models that explicitly incorporate context. We then examine a number of theoretical lenses to explain various attributes of the EOR such as the dynamism and fairness of the exchange, and new ways of understanding the exchange including positive functional relationships and integrative negotiations. The article concludes with a discussion of future research needed on the EOR.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-0-76231-103-3

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