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1 – 10 of over 21000The digital medium has created new ways of contracting through web pages and smartphone apps. The websites and apps put numerous terms of contract. In some cases, the user is…
Abstract
The digital medium has created new ways of contracting through web pages and smartphone apps. The websites and apps put numerous terms of contract. In some cases, the user is required to click on them, and other times, the user may or may not even notice the terms. Are the terms put by the sites and apps binding? The case explores the theme with the Uber Case, a judgement of the United States Court of Appeals for the Second Circuit, on the application of the terms in the Uber app.
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Nicholas O'Neill, Julien Mercille and Justin Edwards
The purpose of this paper is to compare home care workers' views of their employment conditions by provider type – private for-profit vs public and non-profit – using the case…
Abstract
Purpose
The purpose of this paper is to compare home care workers' views of their employment conditions by provider type – private for-profit vs public and non-profit – using the case study of Ireland.
Design/methodology/approach
An online survey was distributed to care workers (n = 350) employed by private for-profit, public and non-profit home care providers in Ireland. Returned questionnaires were analysed statistically in R using chi-squared tests to systematically compare key aspects of employment conditions.
Findings
Analysis shows that conditions are perceived to be significantly worse for those employed by private for-profit providers (and to a lesser extent non-profit organisations) compared to the public provider. There are wide disparities between public and private sector conditions in terms of contracts, pensions, unsocial hours pay and travel time allowances. The main area of convergence is in relation to employer support, where although the public sector performed better, the difference between the three provider types is smaller.
Originality/value
Relatively little research compares working conditions in private for-profit providers vs public and non-profit providers in Ireland and other countries. The findings can be understood in the context of marketisation reforms and may partly be explained by a lack of regulation in Ireland's home care sector and low unionisation rates amongst care workers employed by private for-profit providers.
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Bradley D. Marianno and Annie A. Hemphill
The COVID-19 pandemic prompted changes to the terms and conditions of teachers' employment (e.g. working conditions), leading school districts to renegotiate collective bargaining…
Abstract
Purpose
The COVID-19 pandemic prompted changes to the terms and conditions of teachers' employment (e.g. working conditions), leading school districts to renegotiate collective bargaining agreements with teachers' unions. However, limited research has examined how these negotiations occur in times of crisis. This study aims to analyze how school district and teachers' union administrators adapted workplace policies to meet staff and student needs during the COVID-19 pandemic by using a panel dataset of Memoranda of Understanding (MOUs) negotiated in 187 large US school districts.
Design/methodology/approach
The authors used the partial independence item response method to estimate MOU restrictiveness measures that captured the extent to which MOUs limited school administrator autonomy in setting the terms and conditions of teachers' employment. Descriptive analyses and ordinary least squares regression models showed how the scope of collective bargaining negotiations expanded during the COVID-19 pandemic, and how restrictiveness varied across school districts based on district and union characteristics.
Findings
Results showed that school district and teachers' union administrators increased restrictions on school administrator autonomy in the spring of 2020, but these restrictions decreased by fall 2021. The level of restrictions agreed upon varied based on the strength of teachers' unions and political partisanship of school districts. The COVID-19 pandemic led to an expansion of collective bargaining negotiations to include previously unconsidered topics such as employee and student health and remote instruction.
Originality/value
This study is one of the first to examine the modifications made to collective bargaining agreements during times of crisis by school district and teachers' union administrators. The findings suggest that there were considerable changes to the terms and conditions of teachers' employment during the COVID-19 pandemic, and that the strength of teachers' unions and political partisanship were associated with negotiation outcomes.
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Zahid Iqbal and Zia-ur-Rehman Rao
To enhance the loan repayment performance of microfinance institutions (MFIs) in Pakistan, this study aims to analyze the direct impact of social capital and loan credit terms on…
Abstract
Purpose
To enhance the loan repayment performance of microfinance institutions (MFIs) in Pakistan, this study aims to analyze the direct impact of social capital and loan credit terms on loan repayment performance and microenterprises’ business performance while considering the mediating role of microenterprises’ business performance on the relationship between social capital, loan credit terms and loan repayment performance.
Design/methodology/approach
The analysis was conducted based on the data gathered via a questionnaire distributed to 316 microenterprises owners. The respondents were selected using the stratified sampling technique by dividing the target population into three influential groups of manufacturing, trading and services microenterprises. The reliability and validity of the constructs were established using (1) factor loading, (2) Cronbach’s alpha, (3) composite reliability, (4) average variance extracted, (5) the variance inflation factor, (6) the Fornell–Larcker criterion and (7) the heterotrait–monotrait ratio. The structural equation modeling technique was then applied, and the hypotheses were tested based on the structure model generated through bootstrapping by using partial least squares structural equation modeling.
Findings
The results confirm the direct impact of social capital and loan credit terms on microenterprises’ business performance and loan repayment performance. It also supports the mediating role of microenterprises’ business performance toward the relationship between social capital, loan credit terms and loan repayment performance while considering the direct impact of microenterprises’ business performance on loan repayment performance.
Originality/value
To date, the direct impact of social capital and loan credit terms on microenterprises’ business performance and loan repayment performance has been hardly investigated in the context of Pakistan. This study also examines the mediating role of microenterprises’ business performance toward social capital, loan credit terms and loan repayment performance. The findings will enable both MFIs and microenterprises to improve their business performance and loan repayment performance through enhanced social ties and the development of more flexible credit products that protect the borrowers’ interests and the interest of lenders.
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Ambareen Beebeejaun and Rajendra Parsad Gunputh
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions…
Abstract
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.
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Lysann Seifert, Nathan Kunz and Stefan Gold
Although the UN Sustainable Development Goals (SDGs) emphasize the importance of leaving no one behind, the opposite is happening for the world's 89 million forcibly displaced…
Abstract
Purpose
Although the UN Sustainable Development Goals (SDGs) emphasize the importance of leaving no one behind, the opposite is happening for the world's 89 million forcibly displaced people who are mostly left out of SDGs’ reporting and progress. A key reason for this poor outcome is that host country governments plan refugee camps as short-term shelters, but refugees stay in these camps for more than a decade on average due to ongoing conflicts in their home country. This disparity between intent and reality prevents sustainable living conditions for refugee populations. Operational innovations are needed to find sustainable solutions that ensure a higher quality of life and progress toward sustainability in refugee camps.
Design/methodology/approach
Through an abductive case study, the authors develop a theoretical framework on sustainable operational innovations for refugee camps. The authors use this framework to analyze four sustainable operational innovations implemented in three refugee camps in Jordan.
Findings
The authors develop three research propositions that describe the conditions required for these operational innovations to succeed: they need to include specific needs and cultural preferences of refugees, they must accommodate host governments' restrictions that limit permanent settlement, and finally, technological innovations require careful data management policies to protect refugees. Doing this, the authors account for the broader political-economic and ecological environments that refugee camps are embedded in.
Originality/value
This paper opens a new area of research on sustainable innovation in humanitarian operations. It provides insights into key contingency factors moderating the link between operational innovations and sustainability outcomes. It represents one of the few studies that build their theorizing upon field data collected in refugee camps.
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Mark R. Mallon and Stav Fainshmidt
Because family businesses are highly complex enterprises, researchers need appropriate theoretical and methodological tools to study them. The neoconfigurational perspective and…
Abstract
Purpose
Because family businesses are highly complex enterprises, researchers need appropriate theoretical and methodological tools to study them. The neoconfigurational perspective and its accompanying method, qualitative comparative analysis, are particularly well suited to phenomena characterized by complex causality, but their uptake in family business research has been slow and fragmented. To remedy this, the authors highlight their unique ability to address research questions for which other approaches are not well suited and discuss how they might be applied to family business phenomena.
Design/methodology/approach
The authors introduce the core tenets of the neoconfigurational perspective and how its set-theoretic epistemology differs from traditional approaches to theorizing and analysis. The authors then use a dataset of family firms to present a primer on conducting qualitative comparative analysis and interpreting the results.
Findings
The authors find that family firm resources can be combined in multiple ways to affect business survival, suggesting that resources are substitutable and complementary. The authors discuss how the unique features of the neoconfigurational approach, namely equifinality, conjunctural causation and causal asymmetry, can be fruitfully applied to break new ground in scholarly understanding of family businesses.
Originality/value
This article allows family business researchers to apply the neoconfigurational approach without first having to consult multiple and disparate sources often written for other disciplines. This article explicates how to leverage the theoretical and empirical advantages of the neoconfigurational approach in the context of family businesses, supporting a more widespread adoption of the neoconfigurational perspective in family business research.
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Charalampos Giousmpasoglou, Adele Ladkin and Evangelia Marinakou
The emergence of dark kitchens in the restaurant industry is a contemporary phenomenon, arising most recently in the context of the so-called gig economy. This new business model…
Abstract
Purpose
The emergence of dark kitchens in the restaurant industry is a contemporary phenomenon, arising most recently in the context of the so-called gig economy. This new business model flourished during the coronavirus disease 2019 (COVID-19) pandemic on a global scale. Despite dark kitchens' popularity, considerable negative publicity exists in the news related to poor working conditions. To highlight this new phenomenon, this paper explores the existing literature on worker exploitation in dark kitchens in the context of the gig economy.
Design/methodology/approach
A systematic literature review of hospitality and tourism databases generated 1,430 articles, of which 18 met the authors' inclusion criteria for the final analysis, and 1,030 anecdotal sources, of which 47 were included. Thematic analysis was used to identify the key themes and summarise the findings to be used for further studies.
Findings
The popularity of dark kitchens as a business model is premised on the fact that dark kitchens' dramatically reduces the operational cost and increases productivity. On the other hand, the working conditions and contractual agreements of the gig workers in dark kitchens raise several questions from operational, legal and ethical perspective. These poor working conditions create the conditions for worker exploitation and further damage the sector's image.
Practical implications
This study advocates that companies and managers are responsible for implementing and monitoring fair working conditions in dark kitchens. The existence of poor working conditions increases employee turnover and, overall, affects the industry's reputation.
Originality/value
This explorative study provides insights into the working conditions and contractual agreements in dark kitchens. Currently, there is no other study (empirical or conceptual) to shed light on the working practices. The authors hope this study will trigger further discussion and empirical research in this field.
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Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents. Later, they discover the contract has exclusion…
Abstract
Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents. Later, they discover the contract has exclusion clauses or unfavourable terms. Are the terms binding on the person? The case explores the UK High Court judgement in Coys of Kensington Automobiles Limited v Tiziana Pugliese, which is on the theme of the signing of an offer form. The case explores themes frequently encountered in forms, including the following: The font size is small and terms not conspicuous. The form refers to more terms without enclosing them. The applicant is not fully familiar with the language.
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