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Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative and…
Abstract
Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative and “multi-level” approach drawing on insights from the neo-institutional literature, policy ethnography analysis and the research on legal intermediaries. Such a perspective is particularly suited to capture the complexity and the depth of institutional change. Using the 12-hour work legal mechanism of derogation in the context of French public hospitals as an example, this chapter highlights how both macro-level actors (actors of a “reform network”), and micro-level ones (hospital directors) contribute to the shaping and framing of legality in French public hospitals. Results show that variation in how those actors use law depends on the local configuration. Second, results demonstrate that the legal games they play are not merely based on symbolic and superficial compliance with the law, but also on outright manipulations and conscious rule-breaking.
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Shweta Belwal, Rakesh Belwal and Suhaila Ebrahim Al-Hashemi
The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs)…
Abstract
Purpose
The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs.
Design/methodology/approach
Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB.
Findings
The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs.
Research limitations/implications
This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise.
Practical implications
The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory.
Social implications
Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market.
Originality/value
There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.
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Yu‐Cheng Lai and Santanu Sarkar
To measure the effects of work‐sharing arrangements on participants’ subsequent labor market outcomes in Taiwan such as full‐time employment rates, working hours of women and men…
Abstract
Purpose
To measure the effects of work‐sharing arrangements on participants’ subsequent labor market outcomes in Taiwan such as full‐time employment rates, working hours of women and men and the difference in scale effect and effect of substitution between hours and employment for women and men.
Design/methodology/approach
Using the data from Manpower Utilization Survey, we applied the differences‐in‐differences estimation method to test the effects of work‐sharing arrangements on working hours, wage and employment. Multinomial logit was used to measure the effects of work sharing on full‐time employment. In order to correct the simultaneity and selectivity problems, we followed the Heckman two‐stage selection procedures to solve the selection bias, and used weighted least squares to solve heteroskedasticity in the wage and hour equations. The instrumental variable (IV) method was used to avoid simultaneity bias in the hour equation.
Findings
This paper found the restrictions enforced by law on working hours have negative effects on employees’ working conditions in certain industries in Taiwan. After controlling the working hours, we found the wages paid to women and men have increased subsequent to the enforcement of law. However, compared to men the net wage earned by women has increased to a lesser extent. It was further observed that with enactment of work‐sharing law, the employment rate of women has considerably declined since 2001. Main findings assimilating the results for hour, wage and full‐time employment suggest that a country like Taiwan (with work‐sharing arrangements implemented by law) has witnessed a smaller gap between women's and men's working time and wages during 2001‐2002. However, for the period of 2003‐2006 the amendment that introduced compressed work week brought a larger gender gap in working hours as well as wages. In other words, the implementation of work‐sharing law has reduced the gender gap in hours and wages during 2001‐2002, but the prevailing gender gap in hours as well as wages has worsened after the introduction of compressed work week during 2003‐2006.
Practical implications
An in‐depth analysis of labor market effects of work‐sharing law will be useful for the policymakers, especially those interested in understanding the impact of their policies on labor market outcomes like wage, hour and employment, and finding out whether policies were effective at reducing the gender gap in given outcomes.
Originality/value
Findings of the present study should not only provide the broad lessons for policymakers in Taiwan, but the results that have emerged from the country case study may be referred by other Asian countries who want to bring a change in working and employment conditions for their labor by implementing work‐sharing law.
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This empirical study of one of China's biggest take-out platforms during coronavirus disease 2019 (COVID-19) explores the legal rights and protections for gig workers'…
Abstract
Purpose
This empirical study of one of China's biggest take-out platforms during coronavirus disease 2019 (COVID-19) explores the legal rights and protections for gig workers' availability time.
Design/methodology/approach
The study uses a quantitative survey and interviews of take-out platform riders, investigating the intrinsic features of working time and availability time. Labour law professionals and scholars are interviewed to verify the findings.
Findings
The availability time of take-out platform riders is difficult to define under the current legal working-time framework. There is a need for a specific method to define availability time, considering the multiple factors in gig-take-out-sector work. One option is to apply working-time regulations to availability time but to use a proportionality test to preserve flexibility whilst the platform offers protection to the riders during that time.
Research limitations/implications
Pandemic-related travel restrictions limited the authors' study to one take-out platform in Beijing. Future studies should cover a wider geographical area and multiple take-out platforms.
Originality/value
The study uniquely evaluates the availability time of take-out platform riders to determine appropriate public policy and theoretical implications. It proposes a proportionality test regulating riders' availability. In particular, the workers being “at leisure” during availability time could mitigate the platform's liability for full remuneration or moderate the ceiling of working hours. The occupational health and safety of riders must be fully protected, as they are still “at the platform's disposal” at that time.
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Government and employers’ sources frequently emphasize that companies located in western Germany have traditionally been circumscribed in their pursuit of flexibility in staffing…
Abstract
Government and employers’ sources frequently emphasize that companies located in western Germany have traditionally been circumscribed in their pursuit of flexibility in staffing, working time arrangements and pay, due to the particular configuration of the German industrial relations system and labour market regulations. Examines to what extent recent deregulation and decentralization measures have actually enhanced the environment for greater labour flexibility. Then considers whether this has led to higher degrees of labour flexibility at the company level. The analysis of a number of key flexibility indicators reveals that, despite some significant broadening of the scope for greater labour flexibility since the late 1980s, companies seem, in general, not to have greatly altered their flexibility mix. In the light of the relatively high degree of functional flexibility in German firms, the pay‐offs from enhancing other forms of flexibility may be considered to be low.
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This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized…
Abstract
This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized labor-related human rights. Drawing on institutions theory from political economy, the paper reframes international legal norms as holistic institutions, comprised of rules, social norms, and actual behaviors, the so-called rules of the game. In this way, problems in implementing labor-related human rights that may result in violations of international law are also considered as employment practices and, like other employment practices, are embedded in a web of formal and informal rules – institutions that govern work and employment. Based on the understanding that institutions contribute to violations, this holistic institutional approach also includes a framework to improve regulation and compliance based on Harold Koh's compliance theory from international law. The approach is illustrated using the example of forced obligatory overtime in textile assembly (maquilas) in Honduras and Nicaragua.
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.
Jan C. Looise, Maarten van Riemsdijk and Frans de Lange
Despite important differences in labour flexibility patterns in different countries and despite clear indications of the important role of institutional factors with respect to…
Abstract
Despite important differences in labour flexibility patterns in different countries and despite clear indications of the important role of institutional factors with respect to HRM, to date there has been little research on the interaction between the institutional context and the HRM of companies. This paper seeks to address this issue with regard to labour flexibility strategies and reveals a promising approach to learning how the development of a topic, such as labour flexibility, takes place in practice. The case of The Netherlands clearly shows the interaction between the institutional context and company flexibility strategies. The institutional context was found to influence company strategies but, in return, these strategies were later seen to impact the institutional setting. In The Netherlands the system of labour relations has been adapted in response to calls from companies for more flexible labour relations. This has led to changes in labour laws and regulations, which, in turn, have stimulated new company strategies.
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Claudia Peus and Eva Traut‐Mattausch
This paper aims to investigate the effects that a larger societal context (i.e. values, norms) and the legal framework have on an individual's ability to combine work and family.
Abstract
Purpose
This paper aims to investigate the effects that a larger societal context (i.e. values, norms) and the legal framework have on an individual's ability to combine work and family.
Design/methodology/approach
Qualitative interviews were used to examine the perceptions female middle managers have of balancing work and family. A total of 25 female managers from the USA and 23 female managers from Germany were interviewed, representing diverse industries.
Findings
The results show that the dominant values in a particular society have a stronger influence on individuals' ability to balance work and family than the legal framework. Most importantly, the study provides empirical evidence for the fact that extensive laws originally designed to make it easier for women to combine work and family can actually have negative consequences for women and thus result in hurting the very persons they were designed to help.
Research limitations/implications
The sample consisted of only a small number of female managers. Thus, it cannot be regarded as fully representative of women in the USA and Germany.
Practical implications
When introducing measures designed at increasing opportunities for employees to balance work and family, it is necessary to examine their completeness, relation to societal norms, and anticipated organizational implementation.
Originality/value
This work is one of the rare studies to have used a cross‐cultural comparison in research on the work‐family interface. It provides evidence for the importance of societal values and for the fact that seemingly supportive laws can have negative consequences for women's ability to combine work and family.
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Abigail Gregory and Susan Milner
This paper seeks to focus on the role of organizations in mediating the impact of national work‐life balance (WLB) policy on employees, in particular fathers.
Abstract
Purpose
This paper seeks to focus on the role of organizations in mediating the impact of national work‐life balance (WLB) policy on employees, in particular fathers.
Design/methodology/approach
It presents existing research about WLB policy implementation in organizations as well as the findings of empirical work in insurance and social work in France and the UK (questionnaire survey, case study analysis, interviews with national and sector‐level trade union officials).
Findings
These indicate that fathers' take‐up of WLB policies is the outcome of a complex dynamic between national fatherhood regimes, organizational and sector characteristics and the individual employee. They suggest that fathers tend to use WLB measures to spend time with their families where measures increase their sense of entitlement (state policies of paternity leave) or where measures offer non‐gendered flexibility (reduced working time/organizational systems of flexi‐time). In line with other studies it also finds that fathers extensively use informal flexibility where this is available (individual agency).
Practical implications
These findings have implications for the way WLB policies are framed at national and organizational level. At national level they indicate that policies work best when they give fathers a sense of entitlement, by giving specific rights linked to fatherhood (e.g. paternity leave or “daddy month”‐type arrangements), and or by providing universal rights (e.g. to reduced working time and/or flexible working time); however, where measures are linked to childcare they are often framed as mothers' rights when translated to the organizational level. The research also shows that informal flexibility is used and valued by fathers within organizations, but that such informal arrangements are highly subject to local variation and intermediation by line managers and co‐workers; hence, for effective and even coverage they would need to be backed up by formal rights.
Originality/value
Cross‐national comparative research into WLB policy and practice at national and organizational level is very rare. The empirical work presented in this paper, although exploratory, makes a significant contribution to our understanding of WLB policy and practice, particularly as it relates to fathers.
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