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1 – 10 of over 57000Manda 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 how these…
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.
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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…
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.
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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 understanding…
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.
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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…
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.
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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…
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.
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…
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.
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Cemil Kuzey, Amal Hamrouni, Ali Uyar and Abdullah S. Karaman
This study aims to investigate whether social reputation via corporate social responsibility (CSR) awarding facilitates access to debt and decreases the cost of debt and whether…
Abstract
Purpose
This study aims to investigate whether social reputation via corporate social responsibility (CSR) awarding facilitates access to debt and decreases the cost of debt and whether governance mechanisms moderate this relationship.
Design/methodology/approach
The sample covers the period between 2002 and 2021, during which CSR award data were available in the Thomson Reuters Eikon/Refinitiv database. The empirical models are based on country, industry and year fixed-effects regression.
Findings
While the main findings produced an insignificant result for access to debt, they indicated strong evidence for the positive relationship between CSR awarding and the cost of debt. Moreover, the moderating effect highlights that while the sustainability committee helps CSR-awarded companies access debt more easily, independent directors help firms decrease the cost of debt via CSR awarding. Furthermore, the results differ between the US and the non-US samples, earlier and recent periods, high- and low-leverage firms and large and small firms.
Originality/value
For the first time, to the best of the authors’ knowledge, the authors assess whether social reputation via CSR awarding facilitates access to debt and decreases the cost of debt in an international and cross-industry sample. Little is known about the effect of social reputation on loan contracting, although social reputation conveys broader information that goes beyond the firm’s internal (performance) and external (reporting) CSR practices. The authors also draw attention to the differing roles of distinct governance mechanisms in leveraging social reputation for loan contracting.
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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…
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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Abstract
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The purpose of this paper is to examine the scientific standing of the concept of free will and its role and functioning in social and psychological contracts.
Abstract
Purpose
The purpose of this paper is to examine the scientific standing of the concept of free will and its role and functioning in social and psychological contracts.
Design/methodology/approach
This is a conceptual paper.
Findings
Social structures that support the exercise of free will are central to the functioning of both social and psychological contracts.
Originality/value
The paper contributes to the debate in the natural and social sciences regarding the existence and functioning of free will in everyday life.
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