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Article
Publication date: 21 February 2018

Manda Broekhuis and Kirstin Scholten

The purpose of this paper is to investigate purchasing practices in service triads by exploring the link between ex ante contracting and ex post contract management and…

Abstract

Purpose

The purpose of this paper is to investigate purchasing practices in service triads by exploring the link between ex ante contracting and ex post contract management and how these practices influence the satisfaction of buyers and suppliers (in concessionary arrangements) with their relationship in terms of meeting the needs of the buyer’s customers.

Design/methodology/approach

An in-depth exploratory multiple case study was carried out in a shop-in-shop context. Multi-method and multi-source data collection included interviews, documents and the contracts between buyer and supplier, providing evidence of the formal and relational structures in both the contracting and contract management stages.

Findings

The case findings provide evidence that behavioural standards established in a social contract are important prerequisites for the establishment and subsequent management of a formal contract. Second, this study shows that, when outsourcing core services in a service triad, a combination of performance-oriented and behavioural-oriented contract terms, covering a mix of topics related to both the customer-experience and to buyer-supplier-oriented aspects, contribute to aligning the buyer’s, suppliers’ and customers’ interests. The main findings are presented in a causal model and formulated as propositions.

Originality/value

This paper is one of the first studies to explore how core services are outsourced in a service triad. It provides evidence that the social contract between buyer and supplier influences the establishment of the formal contract as well as contract management, and a mix of contract topics, some related to the customers’ experience and others purely buyer-supplier oriented, contribute to the alignment of buyer’s, suppliers’ and customers’ interests.

Details

International Journal of Operations & Production Management, vol. 38 no. 5
Type: Research Article
ISSN: 0144-3577

Keywords

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Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

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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

Keywords

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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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Article
Publication date: 9 December 2011

Ed Mitchell

In 2010, the Department of Health announced its intention to pilot arrangements for independent adult social work practices to exercise local authorities' adult social

Abstract

Purpose

In 2010, the Department of Health announced its intention to pilot arrangements for independent adult social work practices to exercise local authorities' adult social care functions. Supporting legislation was not made until August 2011. This paper seeks to illustrate the legal obstacles that local authorities ordinarily face if they intend for third‐party involvement in adult social care to extend beyond the provision of services.

Design/methodology/approach

This paper is an analysis of the Contracting Out (Local Authorities Social Services Functions) (England) Order, 2011.

Findings

The principal findings of this paper are twofold. After some delay, the Department of Health has put in place a legal framework to support the piloting of independent adult social work practices. The need for new law illustrates the general limitations faced by authorities that wish to contract out their adult social care decision‐making functions.

Originality/value

The paper's value lies in the analysis of the legal obstacles faced by local authorities who wish deeply to integrate their adult social care functions within the activities of third‐party providers.

Details

Journal of Integrated Care, vol. 19 no. 6
Type: Research Article
ISSN: 1476-9018

Keywords

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Article
Publication date: 1 April 1998

Marilyn Miles

This paper reviews how social care contracting in learning disability services has developed in the UK, making use of experience in Berkshire. The monitoring of block…

Abstract

This paper reviews how social care contracting in learning disability services has developed in the UK, making use of experience in Berkshire. The monitoring of block contracts for residential care is explored from the perspectives of the keyworker in the home and the purchaser who is monitoring the contract. An action research approach was used to develop monitoring and change subsequent practice in contracting. Particular areas identified as needing improvement were staff induction and training, care planning and review, meeting health needs, and building the setting and measuring of individual service outcomes into all areas of practice, especially provider internal quality‐assurance. The limited role of the service user in the process is highlighted.

Details

Tizard Learning Disability Review, vol. 3 no. 2
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 3 February 2012

Yvon Pesqueux

The concept of contract contributes extensively to an essentialist conception of the organization (the contract would then be its essence), a descriptive method…

Abstract

Purpose

The concept of contract contributes extensively to an essentialist conception of the organization (the contract would then be its essence), a descriptive method (describing the organization as a contract or set of contracts), and a normative standpoint. More recently, it has been epitomized by the “psychological contract”. The concept of contract is about will, agreement, obligation, promise, commitment, staying true to one's commitments, cooperation, sanction and bond. The purpose of this paper is to discuss these manifestations prior to comparing the notion of social contract with psychological contract based on two criteria: an anthropology of the individual and an anthropology of the contract.

Design/methodology/approach

After delineating the notion of contract (and its correlates agency, gift, exchange and association) and reviewing the “epithet‐based” contracts, the two dimensions of the contract (social and psychological) will be addressed and compared based on two anthropologies, one of the individual and one of the contract.

Findings

This comparison underscores the relevance of contractualism today and the richness of comparing across different eras and perimeters. If these two aspects have anything in common, it is whatever links the contract with sociality.

Research limitations/implications

This comparing process must underscore two limitations, namely anachronism (the two texts were written two centuries apart), and underpinning, a political underpinning in the social contract and an organizational underpinning in the psychological contract. It thus looks as though the organization was made of the same substance as the nation, which – like the notion of governance – may lead to some kind of confusion between contract and constitution, contracting power and constituent powers.

Practical implications

The paper discusses a key notion in political philosophy and organization science.

Originality/value

The paper presents a comparison between two key conceptions of the notion of contract.

Details

Society and Business Review, vol. 7 no. 1
Type: Research Article
ISSN: 1746-5680

Keywords

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Article
Publication date: 3 February 2012

Pascale de Rozario

The purpose of this paper is to explore epistemic conditions to make a comparative anthropology on contract thinking, regarding what could be defined as normative…

Abstract

Purpose

The purpose of this paper is to explore epistemic conditions to make a comparative anthropology on contract thinking, regarding what could be defined as normative principles of democracy in organisations. Also to examine the influence of seminal works to contract thinking today, i.e. Psychological contract (Denise M. Rousseau) and Social contract (Jean‐Jacques Rousseau).

Design/methodology/approach

Use of a Seven normative criteria comparative framework discriminating forms of democratic contracts today.

Findings

The paper presents a grid to assess later works on psychological contracts; and criteria defining a “democratic contractualism”.

Research limitations/implications

The paper assesses the initial theory of psychological contracts and its reception from 1995 to 2005.

Originality/value

The paper strengthens the psychological contracts' framework with historical and external comparisons.

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Book part
Publication date: 28 January 2015

W. Travis Selmier

This chapter discusses the influence of the United Nations Global Compact (UNGC) 10 Principles on multinational mining companies’ (mining multinational enterprise (MNE)…

Abstract

Purpose

This chapter discusses the influence of the United Nations Global Compact (UNGC) 10 Principles on multinational mining companies’ (mining multinational enterprise (MNE)) corporate social responsibility (CSR) activities and strategies.

Design/methodology/approach

Business ethics, mining management, CSR, stakeholder, and social contracting literatures are integrated with case vignettes to examine the UNGC’s role in motivating efficacious, benevolent CSR in mining.

Findings

Mining industry groups and some mining MNEs have adopted and fully implemented UNGC principles while other mining MNEs have not. The variation manifests as a gap between CSR form and CSR substance. Mining industry bodies such as International Council for Mining and Minerals, stakeholders, and private monitors have increased pressure to narrow this gap. The UNGC acts as a catalyst to create and codify valid hypernorms and to build trust and managerial buy-in in mining MNEs’ CSR.

Research limitations/implications

Reliance on selected cases and extant literature indicates, but does not fully support, conclusions.

Practical implications

Mining MNEs are advised to pursue CSR activities which integrate social contracting and precepts of the UNGC. The results would be happier, less antagonistic to stakeholder communities, and less questioning of mining MNEs’ legitimacy.

Originality/value of the chapter

This chapter integrates above-mentioned literature and cases to advise academics, governance officials and private monitors, and mining MNE managers on effective integration of the UNGC into mining through social contracting.

Details

The UN Global Compact: Fair Competition and Environmental and Labour Justice in International Markets
Type: Book
ISBN: 978-1-78441-295-1

Keywords

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Book part
Publication date: 8 November 2004

Jane Broadbent, Jas Gill and Richard Laughlin

On-going change in relation to the management of public services has led to the development of many initiatives in the control of day-to-day resources as the New Public…

Abstract

On-going change in relation to the management of public services has led to the development of many initiatives in the control of day-to-day resources as the New Public Management1 (Hood, 1991, 1995) continues its reforms. In this context debates about control of capital expenditure have taken a less visible role despite some earlier and influential comment on the area (Perrin, 1978 for example). Perhaps as the flow of ideas for reform in the management of day-to-day activity have waned, recent attention has turned more systematically to the efficient use of capital resources or infrastructure. This has been accompanied by recognition of the poor state of some of the public sector infrastructure. This chapter is concerned with the implications of the changing approaches to the provision of infrastructure is the U.K. National Health Service (NHS). Its particular focus in the Private Finance Initiative (PFI) and the contractual implications this brings into infrastructure development.

Details

Strategies for Public Management Reform
Type: Book
ISBN: 978-1-84950-218-4

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