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Book part
Publication date: 13 April 2015

Balakrishnan Muniapan

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the…

Abstract

Purpose

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.

Methodology/approach

This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.

Findings

There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.

Research limitations/implications

The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.

Practical implications

With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.

Originality/value

In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Book part
Publication date: 19 July 2016

Alexander J. S. Colvin

The decline of collective representation and rise of individual employment rights is a transformative shift in employment relations that has changed the landscape of workplace…

Abstract

Purpose

The decline of collective representation and rise of individual employment rights is a transformative shift in employment relations that has changed the landscape of workplace dispute resolution. I propose a model that seeks to provide a new approach to understanding how workplace dispute resolution functions in the era of individual employment rights.

Methodology/approach

The model I propose focuses the analysis on the elements that connect the structure of rights that are enacted to the patterns of employment practices in the workplace.

Findings

My argument is that the systems for enforcement of individual employment rights and the mechanisms of representation for the employees affected are as important as the substantive rights themselves in determining the impact of the individual rights regime. These three elements combine to determine the degree to which the individual employment rights serve as an effective source of power for employees in relation to their employers.

Research implications

The establishment of these sources of power is what then results in the individual rights regime producing an effect on the employers’ patterns of practices in the workplace and ultimately determining the nature and character of the employment relationship.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Article
Publication date: 1 October 2001

Paul Blyton, Edmund Heery and Peter Turnbull

Presents 35 abstracts from the 2001 Employment Research Unit Annual conference held at Cardiff Business School in September 2001. Attempts to explore the theme of changing…

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Abstract

Presents 35 abstracts from the 2001 Employment Research Unit Annual conference held at Cardiff Business School in September 2001. Attempts to explore the theme of changing politics of employment relations beyond and within the nation state, against a background of concern in the developed economies at the erosion of relatively advanced conditions of work and social welfare through increasing competition and international agitation for more effective global labour standards. Divides this concept into two areas, addressing the erosion of employment standards through processes of restructuring and examining attempts by governments, trade unions and agencies to re‐create effective systems of regulation. Gives case examples from areas such as India, Wales, London, Ireland, South Africa, Europe and Japan. Covers subjects such as the Disability Discrimination Act, minimum wage, training, contract workers and managing change.

Details

Management Research News, vol. 24 no. 10/11
Type: Research Article
ISSN: 0140-9174

Keywords

Article
Publication date: 13 November 2023

Fang Yuan, Fang Lee Cooke, Xiaozhen Fang, Fansuo An and Yiming He

Despite the growing research interest in gender diversity, the presence of female executives and organizational outcomes, the relationship between female executives and employment

Abstract

Purpose

Despite the growing research interest in gender diversity, the presence of female executives and organizational outcomes, the relationship between female executives and employment relations outcomes remains under-researched. This study aims to examine the potential relationship between female executives and employment relations outcomes, with the gender gap as a focus.

Design/methodology/approach

A cross-sectional survey was used to collect data from 2,682 workers from 119 manufacturing firms in Guangdong Province, southern China.

Findings

Results show that firms with female executives are more likely to comply with labor laws and promote staff development. The association between female executives and promotion opportunities is stronger for female employees than for male employees. However, there is no significant association between female executives and employee salaries.

Originality/value

This research contributes to employment relations literature and extends the application of social role theory to studies of employment relations in particular societal contexts. This study also provides possible boundary conditions for the existence of queen bee behavior by using data from Chinese factories.

Details

Employee Relations: The International Journal, vol. 46 no. 1
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 17 June 2020

Uzoechi Nwagbara

This study explores the nexus between institutions and managerialist employment relations and subsequent work-life balance (WLB) challenges for Nigerian employees. Through an…

Abstract

Purpose

This study explores the nexus between institutions and managerialist employment relations and subsequent work-life balance (WLB) challenges for Nigerian employees. Through an exploratory approach, the paper investigates how institutions shape employment relations, which is characterised by systematic and normalised managerialist practices and lack of employee participation.

Design/methodology/approach

Relying on a qualitative, interpretive approach, this study explores the relationship between institutional pressures, managerialism and employment relations. 31 semi-structured interviews and nine focus group interviews data was used.

Findings

This paper found that institutions shape organisational practice, specifically employment relations and human resource management (HRM) practice generally through its normative tendency. The study also found that although managerialist employment relations leads to WLB challenges, Nigeria's unique context aggravates this situation constituting serious WLB challenges for workers.

Research limitations/implications

Researches dealing with the relationship between managerialism, employment relations and WLB are largely underdeveloped and under-theorised. HRM phenomena such as unhappy workforce, stress, lack of flexibility, burnout, turnover and turnover intention, associated with management practice, have major implications for engagement procedures and HRM strategies. However, the sample size used potentially limits generalisation including its qualitative approach.

Originality/value

This study contributes to the dearth of researches focusing on employer–employee relationship quality as a precursor to WLB challenges and a mediator between managerialist employment relations and WLB challenges. Additionally, the study contributes to the burgeoning WLB discourse from developing countries perspective, which is understudied. It also sheds light on how Nigeria's unique context can bring new insights into the nascent WLB discourse and its associated HRM practices.

Details

Employee Relations: The International Journal, vol. 42 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 September 1994

Paul Teague

EU social policy is perhaps the most controversial aspect of Europeanintegration yet, despite all the political clashes on the matter,concepts like “social Europe” or “social…

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Abstract

EU social policy is perhaps the most controversial aspect of European integration yet, despite all the political clashes on the matter, concepts like “social Europe” or “social dimension” remain ill‐defined and imprecise terms. Intends to outline and clarify in detail the debate about whether or not the European Union should have competence with regard to labour market affairs. A key message is that social policy has been controversial because it has become embroiled in the debate about the future political direction of the EU. In particular, three contrasting political models –symbiotic integration, integrative federalism and neo‐liberalism – have been put forward as organizing principles for the EU and each has a coherent view of what form social policy should take at the European level. It is the clash between these three models that has caused EU social policy to be so contestable and intractable.

Article
Publication date: 1 September 2000

Jonathan C. Morris

Looks at the 2000 Employment Research Unit Annual Conference held at the University of Cardiff in Wales on 6/7 September 2000. Spotlights the 76 or so presentations within and…

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Abstract

Looks at the 2000 Employment Research Unit Annual Conference held at the University of Cardiff in Wales on 6/7 September 2000. Spotlights the 76 or so presentations within and shows that these are in many, differing, areas across management research from: retail finance; precarious jobs and decisions; methodological lessons from feminism; call centre experience and disability discrimination. These and all points east and west are covered and laid out in a simple, abstract style, including, where applicable, references, endnotes and bibliography in an easy‐to‐follow manner. Summarizes each paper and also gives conclusions where needed, in a comfortable modern format.

Details

Management Research News, vol. 23 no. 9/10/11
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1983

In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of…

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Abstract

In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of material poses problems for the researcher in management studies — and, of course, for the librarian: uncovering what has been written in any one area is not an easy task. This volume aims to help the librarian and the researcher overcome some of the immediate problems of identification of material. It is an annotated bibliography of management, drawing on the wide variety of literature produced by MCB University Press. Over the last four years, MCB University Press has produced an extensive range of books and serial publications covering most of the established and many of the developing areas of management. This volume, in conjunction with Volume I, provides a guide to all the material published so far.

Details

Management Decision, vol. 21 no. 5
Type: Research Article
ISSN: 0025-1747

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Article
Publication date: 1 June 2001

Greg J. Bamber and Chris J. Leggett

Discusses the employment relations (ER) of seven countries: Australia, New Zealand and Japan have in different ways been restructuring their ER for increased flexibility. The…

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Abstract

Discusses the employment relations (ER) of seven countries: Australia, New Zealand and Japan have in different ways been restructuring their ER for increased flexibility. The South Korean process of democratisation has included a reduction in state regulation of unions. Taiwan’s democratisation has led its government to become more active in ER. The People’s Republic of China’s transition from a highly regulated to a “socialist market” economy has had significant implications for ER. In Indonesia, the end of the Soharto regime offered opportunities for greater recognition of workers’ interests, but these were checked initially by political instabilities and the 1997 Asian economic crisis.

Details

International Journal of Manpower, vol. 22 no. 4
Type: Research Article
ISSN: 0143-7720

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