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The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.
Abstract
Purpose
The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.
Design/methodology/approach
The paper examines the preconditions, forms and patterns of trade union transnational coordination under the regime of cross‐border competition and, in particular, its transnational implications for employment regulation in multinationals in Europe. The paper is based on evidence from the metal sector at the European Union level in the direction of establishing a framework for transnational bargaining at company level in Europe.
Findings
The paper argues that workers' representation rights at the European level (EWCs) and their resources can be very important in supporting the trade unions' bargaining activity in a situation of cross‐border negotiation in multinational companies. In the absence of a legal framework, the very recent engagement by the European trade union movement to coordinate bargaining across borders, while stipulating agreements at the European company level (European Framework Agreements) for common regulatory purposes, represents a “necessary” and “essential” – although not “sufficient” condition – for transnational collective bargaining.
Originality/value
The paper ties the formation of EWCs to the early European project of a “social Europe”.
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Describes two‐way dialogue, between each side of industry, is a key element in social policy. Proposes to analyse and comment on some of the social dialogue, in particular both…
Abstract
Describes two‐way dialogue, between each side of industry, is a key element in social policy. Proposes to analyse and comment on some of the social dialogue, in particular both the role and significance of this notion in the soon‐to‐be enlarged Europe. Acknowledges that the ten candidate countries that join on 1 May 2004 must build a social dialogue and negotiate and conclude collective agreements.
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Sergio González Begega and Mona Aranea
The purpose of this paper is to examine European Union (EU) industrial relations in their development over time. It describes and analyzes their main constituent parts, which are…
Abstract
Purpose
The purpose of this paper is to examine European Union (EU) industrial relations in their development over time. It describes and analyzes their main constituent parts, which are deployed along four interlinked institutional dimensions: tripartite concertation; cross-industry social dialogue; sectoral social dialogue; and employee representation and negotiation at the transnational company level. The focus lies strictly on the emerging EU layer of industrial relations, which is common to the different Member States and not on comparative European industrial relations.
Design/methodology/approach
The paper is conceptual in nature. It considers the differences and mutually interdependent legal and political processes, policies and institutions between EU industrial relations and national industrial relations.
Findings
The findings substantiate that EU industrial relations constitute an incomplete but perfectly traceable transnational reality distinct from industrial relations in the Member States. EU industrial relations are not to supersede but to supplement national industrial relations. Neither the EU institutional framework nor the European social partners have the mandate, legitimation or desire to perform a more ambitious role.
Research limitations/implications
More empirically oriented research would further support the findings in the paper.
Originality/value
The paper presents a conceptual review based on a comprehensive and critical reading of the literature on EU industrial relations. It also puts labor strategies at the forefront of the analysis in corporate relocation.
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The purpose of this paper is to report on research on the strategies of inequality at the workplace level of multinational corporations within the context characterized by the…
Abstract
Purpose
The purpose of this paper is to report on research on the strategies of inequality at the workplace level of multinational corporations within the context characterized by the weakening of traditional bargaining and representation structures. Through which specific strategies multinational corporations foster inequality across different workplaces across borders and how do trade unions in Europe respond to it?
Design/methodology/approach
This paper is a conceptual one and it is based on existing qualitative comparative research developed by the author.
Findings
The regulatory regime of organized and governed labor markets and employment relationships is undermined by the employment relationships becoming increasingly unstable in most industrialized countries in Europe. The breakdown in the collective structures for employment regulation, particularly collective bargaining, has led to growing insecurity and inequality among working people. At the workplace level of multinationals inequality is fostered by strategies of flexibilization and benchmarking which force trade unions to negotiate concessions regarding the working conditions of different workers. Trade unions are seeking effective responses to increasing labor market instability and inequality. The paper argues that the transnational regulation of employment relationships through the European Framework Agreements (EFAs) can serve the purpose of constraining benchmarking, while containing workplace inequality.
Originality/value
This paper offers an in-depth view that the EFAs can constrain the multinationals’ strategies of benchmarking and workplace inequality. This is because EFAs can potentially spread across countries the positive gains of local negotiations where unions are able to negotiate on employment protection to other local subsidiaries where unions may struggle to do so.
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Maria Jell-Ojobor and Josef Windsperger
The governance structure of international franchise firms varies from higher control modes, such as wholly owned subsidiaries and joint venture franchising, to lower control…
Abstract
Purpose
The governance structure of international franchise firms varies from higher control modes, such as wholly owned subsidiaries and joint venture franchising, to lower control modes, such as area development and master franchising. Based on organizational economics, strategic management, and international business perspectives, the purpose of this paper is to use the case study analysis to empirically evaluate an integrative model on the franchisor’s choice of international governance modes.
Design/methodology/approach
The study applies qualitative methods, such as in-depth case analysis, to investigate a large set of variables that influence the governance structure decision of the international franchise firm. Specifically, it applies a theory-testing case study with two major competitors in the European automotive rental industry, i.e. Europcar and Sixt. Theory-testing case research is justified by the lack of explanatory research due to the complexity of the franchisor-franchisee relationship phenomena, such as the factors that influence the franchisor’s choice of international governance modes. The investigation of the complex governance structure phenomenon requires a holistic analysis.
Findings
The case study shows that environmental, behavioral, transaction-specific, resource-based (system-specific, market-specific, financial resources), and international strategy considerations are important determinants of the governance mode decision of the international franchise firm.
Research limitations/implications
The study responds to the recent call in organizational economics, marketing, strategic management, and international business literature to develop and test a multi-theoretical framework to explain the governance structure of inter-organizational networks, such as franchise networks.
Originality/value
Few previous studies in international franchising have used more than one theoretical perspective to explain the governance structure of the international franchise firm. This study contributes to the theory-testing case study literature by applying a rigorous method of conducting case research. This includes developing a theoretical framework and a systematic research design. A systematic research design requires a holistic analysis by investigating the international franchise governance modes from a variety of theoretical perspectives which are the organizational economics, strategic management, and the strategy-structure perspective.
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States that although the “contractualization” of social law appears not to have had an effect on the UK this is incorrect, as the UK is affected by an opposite type of trend…
Abstract
States that although the “contractualization” of social law appears not to have had an effect on the UK this is incorrect, as the UK is affected by an opposite type of trend. Further explains how the European Union directives have led to a proliferation of “statutory laws”, which have had an effect on companies. Questions the democratic legitimacy of certain attempts at contractualization as there needs to be two parties in negotiation for social law to be satisfied.
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Vickie Dekocker, Valeria Pulignano and Albert Martens
Restructuring has assumed a significant importance across Europe due to the growing pressures of internationalisation affecting transnational capital. By drawing from two…
Abstract
Purpose
Restructuring has assumed a significant importance across Europe due to the growing pressures of internationalisation affecting transnational capital. By drawing from two case‐studies in the public health service and the manufacturing sector in Belgium, this paper aims to present evidence of the local unions' capacity to strategically use the industrial relations institutional framework, which foresees the rights of employee representatives to make a proposal for an alternative plan to restructuring, in order to fight redundancy at the workplace.
Design/methodology/approach
The study uses a new institutionalist approach in social science and political economy which emphasises social agency and actor capacity to influence and shape their institutional context. The research design was based on two case studies. The methodology was qualitative and comparative.
Findings
There is diversity in the process of collective resistance to company restructuring, highlighting different combinations of external and internal union capabilities at the core of such diversity. However, the study also illustrates commonality regarding union strategy to manipulate the national legal framework in order to combat collective redundancy.
Practical implications
The research results inform unions' practices and policy making with regard to the social process and the outcomes of company restructuring.
Social implications
The paper has important social implications with regard to unions' strategies of resistance and bargaining processes in situations of company restructuring.
Originality/value
The paper provides support for neo‐institutionalism as an insightful way of understanding local unions' responses to collective redundancy in Belgium.
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The subject I have been asked to speak to is EEC Social Policy so before examining what the EEC is doing in the social field, perhaps I should just outline its principal…
Andrea Ollo-López, Salomé Goñi-Legaz and Amaya Erro-Garcés
This article aims to analyze individual-, organizational- and country-level factors that determine the use of home-based telework across Europe according to the technology…
Abstract
Purpose
This article aims to analyze individual-, organizational- and country-level factors that determine the use of home-based telework across Europe according to the technology acceptance model (TAM) and the technology–organization–environment model.
Design/methodology/approach
To examine the impact of individual-, organizational- and country-level factors on telework, multilevel models are estimated to prevent problems derived from biased standard errors when micro- and macro-level data are combined.
Findings
The main findings show that, according to the usefulness side of the TAM, employees with family responsibilities, those that live away from their work and highly qualified workers use more home-based telework. Additionally, and according to the ease of use side of the TAM, empowerment in firms facilitates home-based telework. At the country level, lower power distance, individualism and femininity, better telework regulations and technology developments are also facilitators of home-based telework.
Research limitations/implications
The study is limited by the cross-sectional nature of the data. This prevents the estimation of causal effects. Additional research would benefit from the use of panel data and from a more detailed analysis of the effects of country dimensions.
Practical implications
From an applied perspective, politics related to cultural dimensions are suggested to stimulate home-based telework.
Originality/value
The research contributes to previous literature by: (1) considering a large sample to conduct an empirical analysis of the use of home-based telework across Europe, (2) including micro and macro factors, (3) providing a theoretical framework to explain home-based telework, (4) applying a rigorous definition of home-based telework and (5) focusing on employees who are able to adopt home-based telework.
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Graeme Lockwood and Vandana Nath
The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular…
Abstract
Purpose
The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular, the study focusses on organisational practices and outcomes relating to the monitoring and surveillance of employees. Drawing on relevant UK legislation and illustrative case law examples, the study demonstrates the challenges and legal implications associated with tele-homeworking.
Design/methodology/approach
This study is based on a review of the literature and an examination of the EU and UK laws applicable to various employer and employee concerns that stem from tele-homeworking.
Findings
Tele-homeworking can be advantageous to both employers and employees, however, there are a number of growing concerns surrounding the monitoring of such workers. Developing technologies can act as a catalyst for legal disputes and the advances in workforce monitoring and surveillance reveal the complex challenges faced by both employers and employees. The indiscriminate monitoring of staff can result in claims of violations to the privacy rights of workers, breach of contract and discrimination claims. Several policy implications associated with monitoring tele-homeworkers surface from the analysis, including the need to ensure that any proposed surveillance is legitimate, proportionate and transparent.
Originality/value
The paper is beneficial in providing legal insights into the topical and continuing complexities associated with the monitoring of tele-homeworkers. The exogenous shock of COVID-19 has demanded the reorganisation of work. The extensive and developing capabilities that employers have at their disposal to engage in employee monitoring, give rise to a greater possibility of legal challenges by workers. The study serves to draw attention to various surveillance concerns and highlights the importance of employers undertaking an evaluation of their monitoring practices and complying with the legal framework.
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