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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 30 July 2018

David Oldroyd, Thomas Tyson and Richard Fleischman

The purpose of this paper is to focus on the labour contract system (LCS) established by the Freedmen’s Bureau after the American Civil War to normalise relations between…

Abstract

Purpose

The purpose of this paper is to focus on the labour contract system (LCS) established by the Freedmen’s Bureau after the American Civil War to normalise relations between freed-slaves and their former masters and to uphold their rights as free citizens. In particular, it explains the lack of accountability of employers under the LCS and how this contributed to the system’s failure.

Design/methodology/approach

The paper adopts an archive-based approach to develop and illustrate the labour contracting relationship between freed-persons and property owners and the role accounting played in sustaining this relationship in the immediate post-bellum period.

Findings

The paper finds that the LCS was coercive compared to contemporary business practice in the USA; did not conform to the high ideals of contracting as portrayed by the abolition movement; and was adopted by default rather than design. In the event, the reluctance of the federal government to infringe individual autonomy by imposing an over-arching system of regulation to hold employers to account for upholding their contractual obligations prevailed over the desire to defend the freed-people’s property rights.

Research limitations/implications

This research examines the relationship between labour contracting and property rights as well as the role of accounting in sustaining racial prejudice against freed-persons after the American Civil War. As in many archive-based studies, illustrations are selective and not randomised.

Originality/value

The paper examines the various accountings and accountabilities within the LCS in the context of the underlying ideological tensions and priorities in post-conflict US society.

Details

Accounting, Auditing & Accountability Journal, vol. 31 no. 6
Type: Research Article
ISSN: 0951-3574

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Article
Publication date: 13 April 2012

Anita Alves Pena

Farm labor contractors operate as intermediaries between farmworkers and agricultural employers by recruiting and supplying labor to US farms. In a political economy where there…

Abstract

Purpose

Farm labor contractors operate as intermediaries between farmworkers and agricultural employers by recruiting and supplying labor to US farms. In a political economy where there are employer sanctions for hiring workers without proper documentation, contractors share risk alongside final employers. Furthermore, contractors may facilitate quick employment matches during time sensitive agricultural tasks such as harvesting. For undocumented workers, using a contractor may decrease uncertainty associated with a foreign labor market and ease language barriers. The purpose of this paper is to examine the current role of labor contractors in delivering immigrant agricultural workers, particularly undocumented workers, to farms.

Design/methodology/approach

Determinants of labor contractor use and relationships to final worker outcomes are examined using econometric methods and a large nationally‐representative worker survey that is distinctive in that it distinguishes legal status.

Findings

Undocumented farmworkers are shown to be more likely to use contractors than are documented workers, though statistical significance is sensitive to the inclusion of crop and task indicators, and wages and fringe compensation to workers who use contractors are lower, even after controlling for legal status.

Research limitations/implications

The paper contributes to limited recent academic work on the role of labor contractors in US agriculture. Future work may examine ongoing changes to this role in the context of mutable immigration policy and public opinion.

Practical implications

It is argued that the decline in labor contracting increases the need for employer‐level bilingual communication skills and compliance with labor regulations.

Originality/value

Understanding current dynamics of the agricultural labor market should be of value to scholars of rural economies, farm owners and agricultural policymakers.

Article
Publication date: 1 February 1989

Mike Brocklehurst

Post‐industrial predictions of a rapid growth in new technologyhomeworking have gained widespread currency to become part of theconventional wisdom. However the evidence…

Abstract

Post‐industrial predictions of a rapid growth in new technology homeworking have gained widespread currency to become part of the conventional wisdom. However the evidence, including primary research material, suggests that the claims for new technology homeworking, both regarding its extent and its alleged benefits, have been considerably overestimated. In particular, new technology homeworking by itself does not appear to open up opportunities for women to improve their position in the labour market; the demographic changes predicted for the 1990s may provide a better bet. Nevertheless, there is a danger in assuming that all firms apply the same strategy when employing homeworkers; at least three different variations can be identified and this has important implications for personnel managers. The overestimation of new technology homeworking stands in stark contrast to traditional homeworking where the extent has been considerably underestimated. This marginalisation of traditional homeworking stems in large part from the distortion caused by the conceptual split between private and public realms. The failure to find evidence to support the growth of new technology homeworking leads to a consideration of how the arguments may better be considered as rhetoric designed to advance a certain set of ideas – in particular that set associated with “privatisation” as a political ideology.

Details

Personnel Review, vol. 18 no. 2
Type: Research Article
ISSN: 0048-3486

Keywords

Book part
Publication date: 9 July 2014

Abstract

Details

Labor Relations in Globalized Food
Type: Book
ISBN: 978-1-78350-711-5

Book part
Publication date: 13 August 2007

Todd Fister and Anju Seth

This paper complements previous research on investment in firm-specific human capital by applying real options analysis. Our framework suggests that the parties receive valuable…

Abstract

This paper complements previous research on investment in firm-specific human capital by applying real options analysis. Our framework suggests that the parties receive valuable options to exit the contract when information becomes revealed in the future, but these options may be more valuable for one party than the other. Companies and workers attempt to reduce the value of the options through contractual mechanisms that either shift wealth to the party granting the option or prevent the option from being exercised. In both cases, the mechanisms cause the parties to invest in firm-specific capital, resulting in higher output and higher wages.

Details

Real Options Theory
Type: Book
ISBN: 978-0-7623-1427-0

Article
Publication date: 1 December 2005

A.P. Cotton, M. Sohail and R.E. Scott

The construction industry is one of the largest employment providers in the developing world. It is also one of the least safe industries, with a high frequency of accidents…

2157

Abstract

Purpose

The construction industry is one of the largest employment providers in the developing world. It is also one of the least safe industries, with a high frequency of accidents resulting in financial losses, injuries, disabilities and deaths. Decent working conditions and resulting improved worker satisfaction are key to sustainable productivity in the industry. International standards safeguarding construction workers are abundant and ratified by most low‐income countries. This paper aims to examine if these standards are adequately reflected in contracts for construction works; and if they not, how contract clauses can be improved and put into operation.

Design/methodology/approach

Based on research undertaken in Ghana, India and Zambia from 2000 to 2003, this paper explores the aforementioned points. The paper comprises analysis of contract clauses from the International Federation of Consulting Engineers (FIDIC) and developing country contracts, along with case study findings.

Findings

This paper finds that more legislation is not the urgent issue; incorporating existing legislation into construction contracts and making clauses operational is a priority. This paper identifies practical and cost‐effective procedures for bringing stakeholders together to implement and monitor labour standards, with the aim of contributing to the overall goal of providing “decent work” for all workers in the construction industry.

Originality/value

This paper explores issues around implementing labour standards in construction of minor infrastructure works in low income countries and concludes with suggestions on how best to put contract clauses into operation through a process approach.

Details

Engineering, Construction and Architectural Management, vol. 12 no. 6
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 February 2001

Masudul Alam Choudhury

The well‐known modes of raising and mobilizing venture capital in Islam known as mudarabah and musharakah (m&m) in Islamic economics are critically examined. In the form as m&m…

5577

Abstract

The well‐known modes of raising and mobilizing venture capital in Islam known as mudarabah and musharakah (m&m) in Islamic economics are critically examined. In the form as m&m presently exist, they are pointed out to be pre‐Islamic financing instruments that came into usage in the Islamic economic literature. The inability to realise the extensively relational perspectives of Islamic socio‐economic co‐operation with extensive participation across agents, firms and sectors by means of these instruments, which are essential requirements for the Islamic political economy, is shown to make the instruments fraught with many technical and ethical problems of development financing. The alternative to transform m&m into a more integrated financing instrument of Islamic venture capital is formalised. Empirical evidences are given. Institutional issues are examined in the light of Islamic joint venture financing.

Details

Journal of Economic Studies, vol. 28 no. 1
Type: Research Article
ISSN: 0144-3585

Keywords

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 occurred in…

1090

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

Keywords

Article
Publication date: 1 April 2006

Michael Robey, Donald Coney and Rainer A. Sommer

Traditional contract vehicles do not align well with enterprise resource planning (ERP) implementation methodologies. The purpose of this paper is to identify different contract

1921

Abstract

Purpose

Traditional contract vehicles do not align well with enterprise resource planning (ERP) implementation methodologies. The purpose of this paper is to identify different contract vehicles and how they map to ERP implementation methodologies. Traditional contract vehicles are more process‐oriented than outcome‐focused. Successful standard software implementations are dependent on the outcome. The misalignment of process‐oriented contract vehicles and results‐oriented implementation methodologies leads to many implementation problems with respect to scope creep and ill‐defined interfaces.

Design/methodology/approach

The study is based on research from public and private sector contracting documents, interviews and a review of case studies to show that there is a misalignment between contract vehicles, implementation methods and the eventual project plan.

Findings

The research concluded that phased or life‐cycle contracting is the best approach when implementing standard (off the shelf) software in an ERP solution. This approach mimics the recognized life‐cycle approach to product/project management where a large project is broken up into several smaller stages.

Research limitations/implications

The data analyzed are from primary and secondary sources such as direct interviews, case study and contract reviews. The primary focus is based on US Federal Agency acquisition and planning policies.

Originality/value

Identifies different contract vehicles and how they map to ERP implementation methodologies.

Details

Industrial Management & Data Systems, vol. 106 no. 4
Type: Research Article
ISSN: 0263-5577

Keywords

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