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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1374

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

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Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2050

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

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Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Abstract

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The Rise of Precarious Employment in Europe
Type: Book
ISBN: 978-1-78714-587-0

Article
Publication date: 1 December 2003

Jo Carby‐Hall

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of…

2661

Abstract

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.

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Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 April 1982

J.R. Carby‐Hall

In an article entitled “Collective Bargaining — a theoretical analysis” A. Flanders defined collective bargaining as an “…institution for the joint regulation of labour management…

Abstract

In an article entitled “Collective Bargaining — a theoretical analysis” A. Flanders defined collective bargaining as an “…institution for the joint regulation of labour management and labour markets.” The collective agreement, the result of the collective bargain, is normally an uninforceable contract and is a very different legal notion from that of the contract of employment. The function of the collective agreement is to regulate relations between the collective parties, that is between the employer's association or an individual employer, and a union or unions. Such relations are known as relations of a collective nature. They could include procedure agreements between the collective parties in relation to no‐strikes or other industrial action before the disputes procedure has been exhausted; matters to do with the structure of negotiations between the parties; the constitution of the bodies set up for collective bargaining purposes; procedures on re‐ negotiation of the collective agreement; and so on. The collective agreement has however another function, the individual function, which regulates relations between employer and employee. Terms and conditions of employment are usually regulated by the collective agreement. Thus pay scales, hours of work, holidays, wages during illness, overtime work, any matters relating to training, re‐training, apprenticeship, are some from among the numerous subjects to be found in conditions of employment. Procedures which relate to the individual employee, such as grievance and disciplinary procedures, may equally feature as part of the terms and conditions of employment which emanate from the collective agreement. Indeed statute requires that the employer gives his employee particulars of this latter's major terms and conditions of employment.

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Managerial Law, vol. 24 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 March 1990

Eileen Drew

The subject of part‐time work is one which has become increasingly important in industrialised economies where it accounts for a substantial and growing proportion of total…

Abstract

The subject of part‐time work is one which has become increasingly important in industrialised economies where it accounts for a substantial and growing proportion of total employment. It is estimated that in 1970, average annual hours worked per employee amounted to only 60% of those for 1870. Two major factors are attributed to explaining the underlying trend towards a reduction in working time: (a) the increase in the number of voluntary part‐time employees and (b) the decrease in average annual number of days worked per employee (Kok and de Neubourg, 1986). The authors noted that the growth rate of part‐time employment in many countries was greater than the corresponding rate of growth in full‐time employment.

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Equal Opportunities International, vol. 9 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

Article
Publication date: 6 November 2017

Ilias Livanos and Imanol Nuñez

The purpose of this paper is to investigate how precarious conditions at work affect older workers’ decision about their planned age of retirement.

Abstract

Purpose

The purpose of this paper is to investigate how precarious conditions at work affect older workers’ decision about their planned age of retirement.

Design/methodology/approach

Different theoretical approaches on the decision to retire are investigated in order to ascertain whether precarious employment extends, or not, one’s working life. A rich data set including over 250,000 old workers across EU-15 is built for the empirical investigation.

Findings

The results suggest that old workers involved in precarious employment are planning to retire later than those who are engaged with more stable and regular jobs. However, lack of training as well as poor health conditions at work are found to be associated with early retirement.

Originality/value

The analysis conceptually associates two key features of modern labour markets (precariousness and retirement) and empirically provides some evidence of the effect of poor employment conditions on the decision to retire.

Details

Personnel Review, vol. 46 no. 8
Type: Research Article
ISSN: 0048-3486

Keywords

Article
Publication date: 1 June 2015

Mohammed A. Al-Waqfi and Ibrahim Abdalla Al-faki

The labor force participation rates of females have been increasing steadily over the past few decades in the UAE and other Gulf Cooperation Council (GCC) countries and are…

2018

Abstract

Purpose

The labor force participation rates of females have been increasing steadily over the past few decades in the UAE and other Gulf Cooperation Council (GCC) countries and are expected to continue to increase due to increasing levels of education and social change. While, there is a substantive amount of literature on the issues of gender gap in wages and employment conditions in Western developed economies, the evidence from developing economies – especially in the Middle East – remains very scant. Therefore, the purpose of this paper is to contribute to bridging this gap by examining gender-based differences in employment conditions for local and expatriate workers in the context of the GCC region.

Design/methodology/approach

The authors utilize a data set from the 2007 cross-section Dubai Labor Market Survey which covers a stratified random sample of employees in the UAE labor market. In addition to descriptive statistics and cross-tabulations of the data by workers’ gender, nationality, and various characteristics of their employment conditions, two empirical models intended to investigate factors that influence access to employment and wage determination of male and female workers in the UAE labor market were estimated.

Findings

The findings of the study reveal that there are gender-based differences and inequity in employment in the UAE labor market. The authors highlight specific impacts of contextual factors on the employment conditions of women compared to men. The gender gap in the UAE context is compounded by nationality effects; whereby gender-based differences become less apparent in the case of foreign workers compared to UAE nationals.

Originality/value

This paper is one of very few studies that addressed the gender gap in employment conditions in the Arab Middle Eastern or GCC context. The paper uses quantitative data from a large random sample of workers in the UAE.

Details

International Journal of Manpower, vol. 36 no. 3
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 7 September 2015

John Burgess and Julia Connell

The purpose of this paper is to introduce this special issue volume on vulnerable work and strategies for inclusion. Definitions, measurement, analysis and policy responses to…

1563

Abstract

Purpose

The purpose of this paper is to introduce this special issue volume on vulnerable work and strategies for inclusion. Definitions, measurement, analysis and policy responses to vulnerable work and strategies for inclusion are addressed before the key aspects of the nine papers included in the special issue are summarised.

Design/methodology/approach

The topic of vulnerability at work is explored, before the distinguishing features of jobs that generate vulnerable conditions and the characteristics of vulnerable workers are identified.

Findings

Vulnerable work is insecure and irregular with few protections accorded to the vulnerable workers who are often characterised by their age, ethnic status, gender and skill profiles. The consequences include: poor job quality, low and irregular incomes and personal/family hardship. Vulnerability is widespread across the workforce, with workers subject to work intensification, employment insecurity and poor work-life balance.

Social implications

Vulnerable work and workers constitute a growing and global phenomenon. Consequently, governments and employers need to work together on programmes, such as the ILO’s decent work agenda, to ensure that basic human rights at work are widely recognised and provision to ongoing employment, safe working conditions and regular hours are offered across a variety of industries/sectors.

Originality/value

This volume examines the conceptual, empirical and policy aspects of vulnerability in employment. It documents the international dimensions of vulnerability, the different forms it takes, those groups that are at risk of vulnerable employment and the underlying factors that generate and support vulnerability.

Details

International Journal of Manpower, vol. 36 no. 6
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 1 February 1985

J.R. Carby‐Hall

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These…

Abstract

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These rights or entitlements which are all personal in nature are divisible, for the sake of convenience, into four parts. Firstly, individual rights. These include guarantee payments, medical suspension, maternity, time off for specified activities, and the employer's insolvency. These rights are by no means exhaustive. Other rights of an individual nature as for example the right not to belong to a trade union where a closed shop is in operation; rights in connection with trade union membership; written reasons for dismissal; and so on, will be treated in the context of the discussion which will take place under the appropriate heading. Secondly, it is proposed to examine the employees right not to be discriminated against in employment on grounds of race and sex, thirdly, his right not to be unfairly dismissed will be analysed, to be followed finally by his right to redundancy payments. In this monograph, it is proposed to examine the first of these personal rights, namely the employee's individual rights. Each of the others will be discussed in subsequent monographs. It should be noted that unlike the common law terms implied into the contract of employment which consist of duties imposed on both the employer and the employee and which can be contracted out of by an express term in the contact of employment the statutory conditions of employment cannot be dispensed with in that manner. Like the implied terms at common law, the statutory conditions of employment too form another source of contract of employment though of course they are independent in that they neither form part of the contract of employment nor of the common law rights.

Details

Managerial Law, vol. 27 no. 2
Type: Research Article
ISSN: 0309-0558

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