Employer Obligations Research Articles

Employment Benefits on PT. Jamkrida Banten

The purpose of this study was to find out how the practice of employee benefits at PT Jamkrida Banten. This research method uses literature study and field study. Researchers made direct observations on the object of research. The results showed that PT Jamkrida Banten is a regional company that complies with regulations including the application of accounting. PT Jamkrida Banten applies PSAK 24 regarding employee benefits. With the implementation of PSAK 24 at PT Jamkrida, the rights and obligations of employees and the company become clear.

IMPLEMENTASI HUKUM TERHADAP TENAGA KERJA PEREMPUAN YANG BEKERJA PADA MALAM HARI (Studi Pada Pekerja Hotel Lee Bandar Jaya Lampung Tengah)

Legal protection for workers is the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 Paragraph (2) of the 1945 Constitution. Article 33 Paragraph (1) of the 1945 Constitution also states that the economy is structured as a joint effort of kinship. Violation of basic rights protected by the constitution is a violation of human rights. The sovereignty of a country is stated in the constitution which regulates the basics of the state and guarantees the rights and obligations of its citizens. Law Number 13 of 2003 concerning Manpower is one solution in protecting workers and employers regarding the rights and obligations of each party. Labor protection is regulated more clearly in Article 67 to Article 101 covering the protection of workers with disabilities, children, women, working hours, occupational safety and health, wages and welfare. In principle, the Manpower Law protects and regulates the rights and obligations of both workers and employers. In its implementation, various kinds of problems may arise that can harm the workforce itself, especially with regard to legal protection for female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night. especially with regard to the legal protection of female workers. Therefore, this study wants to reveal the form of legal protection that should be received by female workers who work at night.

Cultivating organizational attraction: a resource view on psychological contracts of career development among interns

PurposeThe purpose of this study is to examine the relationship between psychological contracts and subsequent internship outcomes, with a specific focus on employer obligations with regard to career development. The study also examines the potential moderating role of person–organization (P–O) fit.Design/methodology/approachOnline surveys were administered to 196 college students both prior to and upon completing their summer internships. Moderated mediation analyses were performed following Hayes (2018).FindingsThe results show that employer fulfillment of career development is positively associated with organizational attractiveness, as mediated by intern skill acquisition. In addition, high levels of P-O fit ameliorated low developmental situations, with high P-O fit resulting in stronger attraction to the organization than low P-O fit.Practical implicationsThe study underlines the importance of career development and the associated attainment of instrumental resources in the psychological contract process between organizations and interns. For the former, the provision of career development may increase interns' attraction to the organization. For interns, such opportunities can enhance skill acquisition, with differential effects for those with high and low P-O fit.Originality/valueThis study is the first to provide an empirical assessment of the instrumental outcomes of psychological contract fulfillment with regard to career development prior to formal organizational entry. It further sheds light on the interactive effect of skill acquisition and P-O fit in predicting individual perceptions of the organization.

Organizational and legal mechanism for the protection of forest resources

The article is devoted to the study of legal issues of forest use and protection in Ukraine, in terms of the organizational and legal mechanism for the protection of forest resources.Today, the issue of protecting forest resources by building a proper organizational and legal mechanism for their protection is becoming increasingly relevant. In nature, everything is interconnected and interdependent. All natural objects make up a single space of the Earth's territory, and it is necessary to understand that by preserving the Forest, Society also preserves other natural objects. Sustainable development of the forest industry will only be ensured by a system of Public Administration that simultaneously implements three goals – economic, environmental and social.The article deals with the issues of legal protection of forests as one of the main types of Natural Resources in Ukraine, as well as suggests ways to improve the legal regulation of forest relations. The main focus is on the analysis of scientific literature and legislative acts regulating the use and protection of forests. The relevance of improving the legal regulation of forest use is primarily related to such shortcomings of forest legislation as insufficient provision of forest protection from illegal logging, unsatisfactory Organization of forest protection, forest supervision and control, unclear division of powers between subjects of power in the field of forest management, imperfect measures to restrict the illegal export of forest materials.It is concluded that it is necessary to invest in forestry both by state bodies and large entrepreneurs, since today few people invest in forestry activities to preserve the forest areas of our state. To improve the effective use of forests in Ukraine, it is necessary to give the rights and obligations of Forestry employees to combat poaching, illegal logging, lighting bonfires, etc.

РЕФОРМУВАННЯ СЛУЖБИ В ОРГАНАХ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК СУТНІСНА СКЛАДОВА МЕХАНІЗМУ ДЕЦЕНТРАЛІЗАЦІЇ В УКРАЇНІ

Professional analysis of the effective implementation of service reform in local self-government bodies in Ukraine has been conducted in this scientific article. The research contains a comprehensive description of the new draft Law of Ukraine "On Service in Local Self-Government Bodies" with the definition of positive changes and innovations as well as stating the existing contradictions and shortcomings that must be rectified. Generalized approaches to the functioning of an effective service in municipal authorities have been determined in this scientific article, a review of legal acts that have a direct impact on the implementation of reforming the activities of the service in local governments as a separate institution has been carried out, existing problems in the work of local self-government have been characterized. Beneficial recommendations and proposals for improving the service in the municipal authorities have been provided as well. The scientific research proposes to change approaches to the legislative regulation of provisions on the political impact on employees in local governments, the optimal remuneration system, the concept of allowances and bonuses, the composition of the competition commission, a unified mechanism for holding public competitions, improving the status of employees. Gaps in legislative work in the areas of extending labor legislation to employees in local self-government bodies, the possibility of owning the citizenship of another state, the extension of new legal regulation to bodies of self-organization of the population, the prospects for streamlining the rights and obligations of employees in the charters of territorial communities have been determined. The implementation of the service reform in municipal authorities should be carried out taking into account priority areas, such as: harmonization of the principles of service in local self-government bodies, a comprehensive reform of the selection and service procedures in local self-government bodies, the creation of social guarantees, improvement of the system of responsibility of local government employees, the establishment of restrictions in discretionary powers of local governments.

Background to the Health and Safety Regulation at Work in Colombia

In this reflection on the new occupational risk system in Colombia, the way in which it evolved is discussed, changing its context from professional to labor, encompassing the expansion of the definitions of work accident and occupational disease. In addition, the issue of the variation in the name occupational health program is addressed, which is now defined as a safety and health management system at work, bringing with it a totally different dynamic from the one previously raised by the extinct resolution, 1016 of 1989 regarding the constitution and the dynamics that this new norm requires. The foregoing must be fulfilled by the companies of the different economic sectors, addressing the new provisions of the disability qualification boards, their functions and characteristics, in the same way, the aspects of the guarantees offered by the state in the application of the regulations of labor risks, contributions to the system, obligations of employers and reports of accidents and labor inspectors, among others.

Anticipatory psychological contracts of young labour market entrants: a multi-country study with a Confucian work ethic 'twist'

We explore institutional and cultural effects on anticipatory psychological contracts (APCs) of young labour market entrants in four countries: China and South Korea (Confucian East Asia) and Poland and Slovenia (Central and Eastern Europe). We identify prevailing APC types and compare country APC scores, applying the concept of a Confucian work ethic. Using matched country samples of 953 undergraduate business students as future labour market entrants, our results challenge the hypothesised prevalence of the transactional APC type within this generational cohort. Overall, the balanced APC type was most desirable for employee obligations, while the relational APC type was most desirable for employer obligations. Expectations regarding personal development (balanced APC) were universally high. However, a Confucian work ethic can be linked to higher performance orientation (balanced APC) in terms of employee obligation and higher loyalty (relational APC) in terms of employer obligation in China and South Korea. We discuss implications for attracting, managing and retaining young talents.

Employer Branding on the creation of Anticipatory Psychological Contract

The process of the psychological contract (PC) starts before the employee joins the organisation. The brand of the company remains in the mind of candidates who apply for the job. Considering this relation, this research work is carried out to offer a detailed analysis of the position of employer branding (EB) in the formation of anticipatory psychological contracts (APCs) among millennials. The empirical study was carried out with a sample size of 330 respondents who are studying post-graduation management studies; these students are about to join the corporates. The outcomes of this study show that EB significantly impacts the PC. EB has a strong influence on relational expectations as compared to transactional expectations and employee obligations among potential employees. This paper helps recruitment managers to understand the expectations of potential employees and their beliefs towards their employers during the pre-employment phase.

МОДЕЛЬ ПРОФЕССИОНАЛЬНОЙ КОМПЕТЕНЦИИ ДЛЯ ОЦЕНКИ ПРОФЕССИОНАЛЬНЫХ РИСКОВ

Nowadays, the decision making based on the preliminary risk assessment became a frequent practice almost in all spheres of human activity. As a result of late changes in the legislation relating to labour safety, occupational risks assessment became an employer obligation. To organize this process, the additional training of specialists is necessary. The formation of a system for training such specialists is a topical issue both for employers and educational institutions. At the initial stage of formation of the professional competence model of a specialist for occupational risk assessment, the author selected from the occupational standard of a labour protection specialist the job functions related to the occupational risk management. The paper considers a competence model of a specialist in the sphere of industrial safety and health developed by the experts of British Institution of Occupational Safety and Health (IOSH). To identify professional competences necessary for occupational risks assessment, the author suggests carrying out test assessment of occupational risks and forming a professional competence model using the technique of analysis and observation over actions necessary for risk assessment. To obtain more objective results, the author proposes carrying out such assessment within a group of three people – a labour protection specialist, a department manager, and an employee representative. The Lost Time Accident Frequency Rate and the Work Accident Severity Rate are accepted as the performance criteria of occupational risk assessment. The author suggests using the developed professional competence model in the future when training technosphere safety specialists.

Balans između života i posla i stavovi zaposlenih prema poslu - studija slučaja u hotelskoj industriji Srbije

The hotel industry is recognized in the labor market as insufficiently attractive for potential employees. Accordingly, hotel management must pay special attention to ensuring a balance between business and family obligations of employees, to create more favorable working conditions. Respecting the family obligations of employees results in positive work-related attitudes toward employees. This paper aims to investigate the nature of the connection between work-life balance and the work-related attitudes of employees. The research was conducted on a sample of 90 employees in three-, four-and five-star hotels in Serbia. The testing of the set research hypotheses was carried out using a non-parametric test for comparing groups, correlation analysis, and regression analysis. Using a non-parametric test to compare groups, a difference in the level of experience of work-life balance between male and female respondents was determined. It was also noted that men rated work-life balance worse than women. The results indicate a strong, positive, and statistically significant correlation between work-life balance and work-related attitudes of employees. Work-life balance contributes positively to the work-related attitudes of employees.

Occupational health and safety in small businesses: The rationale behind compliance

Occupational health and safety (OHS), as a fundamental human right, forms the basis of the obligation of employers to employees, requiring employers to do what is right. Responsible management practices encompass cognisance of sustainability, responsibility as well as legal, financial and moral aspects related to OHS compliance. As point of departure, an overview of core OHS criteria for small businesses is provided, with reference to awareness of these criteria in the G20 countries. This article utilises quantitative and qualitative data analysis to examine the reasons why small business owners/managers comply with occupational health and safety directives, such as the Occupational Health and Safety Act (OHS Act) and the Compensation for Occupational Injuries and Diseases Act (COIDA) in South Africa, determine if such reasons for compliance culminate in actual compliance, and determine the perceived effect of direct and indirect costs of OHS incidents. A total of 350 small business owners/managers took part in this study. The findings indicate that whilst small business owners/managers realise the rationale behind OHS compliance in terms of moral, legal and financial components, moral aspects related to OHS compliance are deemed most important. Small business owners/managers thus seem to realise the importance of OHS compliance. However, when it comes to adhering to their responsibility in terms of general safety regulations of the OHS Act and registration with the Compensation Fund as specified in the COIDA (as examples of actual compliance), small business owners/managers’ compliance does not reflect such realisation. A model to enhance OHS standards in small businesses, encompassing legal, moral and financial rationales, is proposed.

Emergence of the notion of “due diligence” in labour law and how it is integrated into the legal system

« Due diligence » first appeared in the field of labour law and then took center stage in the international debate on the direct responsibility of companies in terms of respect for human rights. This strange notion poses the challenge of establishing its meaning and scope, because various normative and jurisprudential instruments refer to it without defining it precisely. This lack of definition contrasts with the potential impact of due diligence on our discipline, if it were to become the measure of employer obligations in the employment relationship. We will try here to give it a coherent meaning by identifying its main characteristics and taking as a starting point these scattered legal texts. We also wonder whether labour law will be able to assimilate the concept or if it will give rise to profound modifications.

The application of the rights and obligations of workers during the Covid-19 outbreak in Indonesia


 
 This article aims to examine and analyze the rights and obligations of workers /laborers during the Covid-19 outbreak from the perspective of labor law in Indonesia. The complexity of the issue regarding the rights and obligations of workers has increased again when the Government and the House of Representatives of the Republic of Indonesia passed the Law on Job Creation or Undang-Undang tentang Cipta Kerja Nomor 11 tahun 2020 (UUCK No.11/2020). The research method used is a normative juridical approach. Normative juridical research is usually known as the study of documents, using qualitative methods in analyzing data and using secondary data as sources.The results of this study found that the labor and industrial relations sector, especially related to the rights and obligations of workers and employers, was initially strongly influenced by the development of globalization and information communication technology. Then, with the enactment of UUCK No.11/2020 as the latest labor law in Indonesia, and the outbreak of Covid-19, problems related to industrial relations have become increasingly complex. When viewed from the latest labor law in Indonesia, employers tend to have a stronger position when compared to the position of workers both in terms of interpretation and implementation. This is a challenge in national legislation so that legal efforts are needed to guarantee and provide legal certainty to business actors by applying sanctions in the form of criminal sanctions as ius poenale and ius puniendi.
 

위법파견 시 직접고용에 관련된 권리의 실효에 관한 연구

The Supreme Court regards the legal provisions of the law on direct employment deeming and direct employment obligations to constitute a right of claim. As a result, various problems arise, including retrospective double labor contract relations, iniquities between the continuation of dispatch of workers and direct employment obligations under Article 13 of Act on the Protection, Etc. of Temporary Agency Workers (henceforth, “the Workers Dispatching Act”), and the legal application of workers who deviate from the legal relationship of dispatching workers due to resignation.<BR> In particular, the court narrowly interprets the scope of workers’ “explicit expression of opposition” under the Workers Dispatching Act in order to be consistent when interpreting the provisions of direct employment deeming and obligations. Additionally, in the process of citing a wage claim for non-fulfillment of the duty of direct employment, the court has found that a worker who expressed his intention to resign to the dispatching employer and left the dispatched worker relationship did not express an “explicit expression of opposition”; it also cited a wage claim.<BR> The interpretation of the court is unreasonable because it contradicts the perceptions of the parties involved in the worker dispatch relationship and recognizes the exercise of the dispatched worker’s rights that break the trust between the direct employer and the dispatching employer. The principle of extinction of rights can be applied to claims based on the legal provisions of the law on direct employment deeming and direct employment obligations of the dispatched worker. In the case of the resignation of a dispatched worker, it is also necessary to reconsider the worker’s explicit expression of opposition and wage claim for non-fulfillment of the duty of direct employment under the Workers Dispatching Act.

Novelties of the Legislation on Distance (Remote) Work: A Comparative Legal Analysis

The paper analyzes the novelties of the Labor Code of the Russian Federation regarding the regulation of distant (remote) work given the national and foreign experience in application and regulation of remote work, including the coronavirus pandemic situation. The paper gives particular attention to such topical practical issues of distant work as: types of distant (remote) work; the ratio of home and distant work; regulation of the working time ofdistant workers; the rights and obligations of employees and employers in connection with the use of distant work, including the “right to be offline”; issues of combining distant work with family responsibilities; social insurance of distant workers. Given the recommendations of the International Labor Organization, the legislation and judicial practice of the European Union, the experience of foreign countries, the author scrutinizes the novelties of the Labor Code of the Russian Federation and makes some proposals to improve distant work regulation. In particular, the author propose to aim at protecting the rights of distant workers and ensuring a balance of interests of workers and employers when using distant work mode, as well as eliminating gaps in the legal regulation of distant work.

Managing tourism safety and risk: Using the Delphi expert consensus method in developing the event tourism security self-beliefs scale

Safety and security issues are one of the biggest challenges in the field of tourism, and limited data is available regarding the profiles for individuals who are responsible for the safety of the event tourism industry. This eDelphi study used a methodology with a panel of event security experts to complete several rounds of questionnaires utilizing write-in answers (qualitative content) as well as Likert-scale agreement/ranking (quantitative data) to develop a new survey instrument. Results from content adequacy identify a new instrument consisting of 13 items related to an employee's obligation, 11 items related to an employer's obligation, 11 items related to self-beliefs, six items related to hospitality culture, and six items related to motivation. The developed scale was constructed through consensus among experts in the field of risk management and can be used as a valid instrument for use by tourism managers and event organizers.

Illusory freedom of physical platform workers: Insights from Uber Eats in Japan

AbstractPlatform work is often advocated as offering freedom of work to labour. Contesting this claim, this article undertakes a comparative analysis of the pros and cons of food delivery platform work prior to and during the COVID-19 pandemic, and argues that the freedom of food delivery platform workers is essentially an ‘illusory freedom’. In reality, platform work has only changed mechanisms through which companies can exercise control over labour and evade their employer obligations. As a case, the article examines the illusory freedom of food delivery platform workers associated to Uber Eats in Japan. The collective bargaining efforts of food delivery workers against the excessive control of Uber Eats and the extent of success of these efforts are also examined. The article concludes by discussing the possible factors that have undermined the effectiveness of the collective bargaining efforts of the labour union.

Get What You Give? Investigating Employer and Young Professionals’ Psychological Contracts in European SMEs

This paper looks at psychological contracts in small and medium-sized enterprises, an underrepresented topic in the psychological contract literature. Adopting a multi-perspective approach, we explore what employers and young professionals expect regarding their employment obligations. The results of a qualitative research design and interviews conducted in four European countries reveal the importance of competence and performance-enhancing behaviours on one side and support for performance and development, good working conditions, autonomy, flexibility, work–life balance, and relationships on the other. Moreover, we identify what is offered and expected by both members of the dyad and shed light on the changing dynamics of today’s psychological contracts. Our findings hold implications for both employers wishing to retain their best young professionals and individuals interested in understanding what small and medium-sized enterprises are offering prospective candidates.

The Influence of Organizational Factors and Employee Engagement on the Performance of Doctors at the Haji Hospital in South Sulawesi Province and Dr. RSUP. Tadjuddin Chalid

Performance represents behavior that is formally evaluated by the organization or company as part of the responsibilities and obligations of employees. This study aims to analyze the influence of organizational factors and employee engagement on the performance of doctors at the Haji Hospital in South Sulawesi Province and Dr. Tadjuddin Chalid. This type of research is a quantitative study using an observational study with a cross sectional study design. The samples in this study were doctors at the Haji Hospital in South Sulawesi Province and Dr. Tadjuddin Chalid, totaling 104 respondents. The results showed that there was a direct influence of Organizational Factors on the performance of doctors, a direct influence of Organizational Factors on Employee Engagement, a direct influence of Employee Engagement on the performance of doctors and there was an indirect influence of Organizational Factors on the Performance of Doctors through Employee Engagement at the Haji Hospital of South Sulawesi Province and Dr. Tadjuddin chalid. It is recommended to the hospital management to improve by holding regular general briefings to discuss and discuss matters related to the organization, the head of the room or installation to develop relationships between employees, respond more and provide support to their subordinates in order to create a good relationship between superiors and subordinates

Psychological contract dynamics in the context of organizational change

Dynamics of psychological contracts have rarely been explored. This study investigates trajectories of employee psychological contracts in the context of organizational change in a sample of 546 employees in five firms across three waves. Drawing on event system theory and social exchange theory, organizational change events are expected to moderate the relationship between employer and employee perceptions of psychological contracts. The results show that downsizing, more than reorganization, affects psychological contract dynamics. Employees re-interpret the employer perception of the psychological contract in the context of organizational change and adapt their contributions and perceived employer obligations. The results demonstrate the benefit of distinguishing different types of organizational change and different dimensions of psychological contract content when investigating psychological contract dynamics.