Employment Contract Research Articles

Labor Unions and the Electoral Consequences of Trade Liberalization

Abstract We show that the Brazilian trade liberalization in the early 1990s led to a permanent relative decline in the vote share of left-wing presidential candidates in the regions more affected by the tariff cuts. This happened even though the shock, implemented by a right-wing party, induced a contraction in manufacturing and formal employment in the more affected regions, and despite the left’s identification with protectionist policies. To rationalize this response, we consider a new institutional channel for the political effects of trade shocks: the weakening of labor unions. We provide support for this mechanism in two steps. First, we show that union presence—proxied by the number of workers directly employed by unions, by union density, and by the number of union establishments—declined in regions that became more exposed to foreign competition. Second, we show that the negative effect of tariff reductions on the votes for the left was driven exclusively by political parties with historical links to unions. Furthermore, the impact of the trade liberalization on the vote share of these parties was significant only in regions that had unions operating before the reform. These findings are consistent with the hypothesis that tariff cuts reduced the vote share of the left partly through the weakening of labor unions. This institutional channel is fundamentally different from the individual-level responses, motivated by economic or identity concerns, that have been considered in the literature.

Smaller household size and higher prevalence of serious psychological distress in younger people and never-married people: a nationwide cross-sectional survey in Japan.

Small-member households are increasing worldwide. However, most previous studies have focused on older people and living alone. Using the latest national survey data, we investigated a dose-response relationship between household size and serious psychological distress (SPD). We analyzed data from the 2019 Comprehensive Survey of Living Conditions in Japan. The study participants were 405,560 community-dwelling adults aged 20 or older. Household size was classified into 5 or more, 3 or 4, two, and one (i.e., living alone). SPD was defined as ≥13 points based on the Kessler 6-item Psychological Distress Scale. We used multivariable logistic regressions and included age, education, equivalent household expenditures, housing tenure, employment contract, smoking, and illness under treatment as covariates. After stratified analyses by age and gender, a dose-response relationship between smaller household size and more common SPD was significant for younger, but not for older people (p-trend was <0.001 in men aged 20-59 and women aged 20-39). After stratified analyses by gender and marital status, a dose-response relationship was significant only for the never-married group in both genders (p-trend was <0.001 in never-married men and women). Smaller households were associated with higher prevalence of SPD in younger adults and in never-married individuals, regardless of gender. Our findings suggest a need to focus on younger people and never-married people to reduce the mental health risks due to small household sizes.

Informing a sociological jurisprudence of mutual trust and confidence

Abstract The aim of this paper is to inform a sociological jurisprudence of the implied duty in the contract of employment of mutual trust and confidence. Present analyses of the emerging term have been doctrinal in nature. Such scholarship contributes a normative internal perspective to what can be understood as the jurisprudential project of guarding and maintaining law as a practice of regulation. This paper seeks to generate knowledge that will allow for an extension of the jurisprudential analysis to take into account how mutual trust and confidence may manifest in contemporary conditions of work. This is achieved by, first, presenting original sociological data of the employment relation in a work context likely to demonstrate practices that resonate with features of mutual trust and confidence – that of early-stage digital technology startups – and, secondly, contrasting this empirical account with doctrinal conceptions of the term. Findings unsettle the dominant jurisprudential account of mutual trust and confidence as positively contributing to the social goal of labour law as operating to counter the power of capital.

The Mediating Effect of Stress Management Competency on the Relationship between Job Satisfaction and Employee Attrition: Evidence in a Local Government Unit

Purpose: The workforce or manpower is one of the 4Ms of production and is considered the most critical factor of production. It is the employees who determine whether the organization succeeds or fails. The primary goal of this study was to determine the mediating effect of stress management competency on the relationship between job satisfaction and employee attrition.&#x0D; Materials and Methods: A non-experimental quantitative research design was used, specifically the descriptive-correlational and mediation approaches. A face-to-face survey was used to obtain data. The data were obtained from 322 City Environment and Natural Resources employees, including regular and contractual employees, job orders, and allied service personnel selected through stratified random sampling. The statistical tools used to analyze and interpret the data were descriptive statistics, Pearson’s R, regression procedures, and Sobel’s Z-test. The mediation effect on the relationship between the independent and dependent variables was ascertained by path analysis (Structural Equation Modelling, or SEM) and the Medgraph Sobel’s Z-test.&#x0D; Findings: Results revealed a high descriptive level of job satisfaction and employee attrition and a very high descriptive level of stress management competency. It was found that job satisfaction and employee attrition, job satisfaction and stress management competency, and stress management competency and employee attrition are significantly related. The results revealed that stress management competency partially mediated the relationship between job satisfaction and employee attrition.&#x0D; Implications to Theory, Practice and Policy: Upskilling programs improve employees’ skills and knowledge, making them valuable assets to the organization. Employees may invest in both hard skills and soft skills. Organizations may also continue to recognize the accomplishments and achievements of their employees no matter how small or big they are because being recognized at work will boost employees' morale, which will also lead to efficiency and productivity. The concept of Diversity, Equity, and Inclusion (DEI) should continue to be practiced for long-term solutions to discrimination issues. Organizations, through their HRM, may continue formulating holistic programs and schemes that promote employees' physical and mental health, foster a positive working environment, a harmonious relationship, competitive salary, and benefits packages, and strengthen retention programs.

In Case You Haven't Heard…

Being in treatment on buprenorphine or methadone can get you in trouble. Yet another patient in recovery from opioid use disorder has had his treatment used against him. A young man who proudly passed the bar exam and had an employment contract with a law firm was told by Tennessee state authorities that they doubted his ability to practice law because he was taking buprenorphine, a medication that had helped him achieve what he called “normalcy.” An excellent write‐up aired by NBC News last week described the ordeal of Derek Scott, the first in his family to even go to high school, and then later, after struggling with opioid addiction and other problems, to have achieved recovery and enrolled in college at age 32. Sally Friedman of the Legal Action Center discussed the many violations of the Americans with Disabilities Act this case entails, with legal officials, of all people, in charge. The U.S. Department of Justice has been investigating such cases and is investigating Scott's. Stay tuned. For the story, go to https://www.nbcnews.com/news/us‐news/tennessee‐lawyer‐opioid‐addiction‐medication‐ada‐discrimination‐rcna126358.

Трудовые отношения профессорско-преподавательского состава: вопрос соотношения интересов

The article defines the coordination of the interests of the parties to labor relations and the interests of the state in relation to teaching staff related to the teaching staff. The paper considers the amendments made to Article 332 of the Labor Code of the Russian Federation regarding the establishment of minimum and maximum terms for concluding a fixed-term employment contract with teaching staff related to the teaching staff, in relation to the task of labor legislation to achieve optimal coordination of the interests of the parties to labor relations and the interests of the state. The author provides examples of the realization of the interests of employees, employers, and the state through the changes made. Other ways of achieving optimal coordination of the interests of the parties to labor relations and the interests of the state in relation to the analyzed category of employees are proposed.

Feeling disadvantaged? Type of employment contract and political attitudes

Abstract We tested the theory of relative deprivation in the context of the Polish labour market during the post-crisis period from 2009 to 2015. This period witnessed the highest incidence of temporary contracts in the European Union, providing novel evidence on the causal relationship between the type of employment contract and political attitudes. Our findings suggest that temporary workers are more supportive of income redistribution but less supportive of democracy. Additionally, a shift from permanent to temporary contracts among prime-aged employees leads to a decrease in their support for democracy. Although this effect is modest in magnitude, the article points to an important mechanism influencing shifts in political attitudes. Our findings suggest that the effect of temporary employment on political attitudes is more pronounced among socio-demographic groups less accustomed to unstable employment.

Psychosocial and vocational impact of an internship program for people diagnosed with severe mental illnesses

Purpose Unemployment is an obstacle in recovery for people with severe mental illnesses (SMI), both in reducing psychopathological symptoms and in achieving a high quality of life. The aim of this study was to explore the impact of an internship program for people diagnosed with SMI on psychosocial variables using a pre-test and post-test design. Method Four scales were administered to a sample of 127 study participants, all of whom were diagnosed with SMI. The results of standard and sheltered employment outcomes were obtained by comparing the number and type of contracts gained by participants up to one year after program completion. A repeated measures ANOVA analysis was carried out with intervention being an independent intra-subject variable and type of participant diagnosis being a between-subjects variable. Results A limited increase in social functioning was found, as well as a significant decrease in psychiatric distress for users diagnosed with personality disorders. Participants in the internship program obtained a greater number of employment contracts than their peers who did not participate in the program, albeit with a low effect size. Conclusions Though results were positive, extension of internship length and provision of more intensive counselling for participants may be useful.

Evaluation of the Pit Changes Introduced in 2022 as Part of the “Polish Deal”

Abstract Subject and purpose of work: The subject of this paper is to evaluate the ‘Polish Deal’ programme introduced in 2022 in the tax area. The purpose of this article is to show the impact of the ‘Polish Deal’ legislation on net salaries of persons employed under an employment contract. Materials and methods: The paper is based on an analysis of legal provisions in the tax area, being one of the pillars of the ‘Polish Deal’. A simulation of the impact of the new tax rules on net salaries introduced from the beginning of January 2022 (‘Polish Deal 1’) and from the beginning of July 2022 (‘Polish Deal 2’) has been carried out. Results: The new personal taxation rules introduced by the ‘Polish Deal’ have contributed to an increase in net salaries of employees receiving a gross salary of less than PLN 12,000 per month and a reduction in the labour income of employees earning a salary above this amount. Conclusions: By strengthening the degree of progressivity, the reform of the tax system under the ‘Polish Deal’ has significantly affected the net income of natural persons receiving remuneration under an employment relationship. However, the new tax rules introduced in a fast-track manner by the ‘Polish Deal’ have raised a number of controversies among both employers and employees.

The Impact of Implementing a Specific Time Work Agreement (PKWT) on the Performance of Contract Employees at PT Yachiyo Trimitra Indonesia

In Indonesia, matters related to how work is carried out always begin with an agreement between the employer and the recipient of the work through a written or verbal work agreement. An employment agreement is made to determine the boundaries between what are the rights and obligations of the employee and what are the rights and obligations of the employer (employer). Meanwhile, if in carrying out work that has been mutually agreed upon in a written agreement, one of the parties violates or behaves outside of what has been agreed upon and harms one of the parties or violates the provisions of the law, then the work agreement can be canceled and the rights and obligations of the parties must be resolved through a dispute resolution mechanism by referring to the applicable laws. Of course, the work agreement text that has been mutually agreed between the employer and the recipient of the work is also an important document for resolving disputes between the parties. Since the promulgation of Law Number 11 of 2020 concerning Job Creation, especially the regulations contained in Government Regulation Number 35 of 2021 concerning "Specified Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment Relations," there have been many changes in implementation. specific time work agreement (PKWT). This will of course affect the performance of workers whose work status is as PKWT workers. The impact that arises for PKWT workers on their work performance can be positive or negative. This change in the implementation of the PKWT is certainly a very important thing, because if it is not controlled properly it will result in an automatic change in the status of workers from having the status of a fixed-term work agreement to an indefinite-term work agreement, as well as the rights and obligations obtained by workers. will change.

Perlindungan Hukum Pekerja Terhadap Perjanjian Kerja

Introduction: Labor law guarantees that every worker has the right to a decent livelihood for humanity, one of which is realized in the form of wages and employers are prohibited from paying wages under the minimum wage provisions. This emphasizes the provision of legal protections for workers to ensure the fulfillment of workers' basic rights. However, in practice there are stillemployers who provide workers with wages below the minimum wage. Sothat workers have difficulty meeting their needs and workers' right to a decent livelihood for humanity is not achieved. Purposes of the Research: to find out and analyze the implementation of the employment agreement and the legal protection of workers against the employment agreement. Methods of the Research: This research uses the normative legal research method which is carried out by examining legal materials to answer the legal issues faced.Results of the Research: The results showed that the implementation of the employment agreement had met the requirements of the employment agreement, but the entrepreneur CV Gemilang Sukses defaulted on the wage element. Because, in the employment agreement, CV Gemilang Sukses employers promised to pay workers' wages according to the Ambon City Minimum Wage. However, in its implementation, it turns out that the entrepreneur CV Gemilang Sukses pays workers' wages below the Ambon City Minimum Wage. Then, the legal protection that workers can get from employment agreements is in the form of legal protection of workers for wages, work time, rest time and time off from working overtime, disabled workers, female workers, pregnant, childbirth, child labor, occupational safety and health, termination of employment, labor social security and morals, decency and treatment according to human dignity and dignity. . Such protection can be provided through preventive legal protections such as the creation of employment agreements and the filing of objections before signing employment agreements and through the protection of repressive laws, namely the establishment of efforts to resolve labor disputes. The existence of legal protection in order to ensure the fulfillment of the basic rights of workers, equalityvtreatment without discrimination for the realization of welfare for workers and their families, taking into account the progress of the business world and the interests of employers.

Occupational Injury and Factors Associated among Employees in Heineken Brewery Share Company, Harar Brewery Share Company, and Awash Wine Share Company, Ethiopia

Occupational injury is a serious global public health issue that causes morbidity, disability, and fatality at work. The food and beverage processing business has the most significant rate of occupational injuries, making it the most dangerous occupation among industrial industries. Various labor hazards have been reported to beverage workers. Against this background, the objective of the research was to assess the magnitude and predictors of occupational injury among employees in the beverage industry in Harar and Addis Ababa, Ethiopia. A cross-sectional descriptive study was conducted at a beverage factory, with 675 respondents chosen randomly. Qualitative data was collected through interviews with key informants. The data was analyzed using Epi-Data statistical software and SPSS. Multiple logistic analysis, descriptive analysis, binary logistic, and crude logistic regression analysis were used. A p-value of less than 0.05 was considered statistically significant. The occupational injury rate is 20.9%, with fingers and hands being the most common type of trauma. Sleeping difficulties, contract employment status, and technical field work are associated with injuries. 28-34-year-olds are 55% less likely, and one year of experience is 85% less likely. Challenges include inconsistent safety measures and a lack of organizational commitment, especially for contract workers. The prevalence of occupational injuries among beverage industry employees was high. Technical departments, contract employment, and the prevalence of sleeping problems were revealed to be risk factors for occupational injuries. At the same time, one year of experience and the age range of 28–34 were found to be protective. Among the study participants, difficulties such as poor use of personal protective equipment and a lack of a consistent supply of personal protective equipment were noticed. As a result, firms must increase occupational safety measures, such as providing and replenishing personal protective equipment, focusing on contract employees.

외국인선원(E-10)의 인권 침해 실태와 개선방안

In the rural areas of Korean society, it is difficult to supply labour as the economically active population is declining. As a result, the demand for foreign workers is increasing rapidly, especially in the shipping industry, where foreign seafarers are recognized as an important labour force, and efforts are continuously being made to increase the number of foreign seafarers. However, foreign seafarers are exposed to the risk of human rights violations due to their special working environment and foreign status, and problems continue to arise. Therefore, it is necessary to prepare measures to prevent human rights violations of foreign seafarers and to improve the actual situation.&#x0D; Accordingly, based on this awareness of the problem, this study examined the actual conditions of foreign seafarers, focusing on reports about them. As a result of the review of domestic law and international human rights law, various problems were identified, such as the failure to guarantee the basic rights of foreign seafarers, the lack of working time regulations, the confiscation of passports and problems with employment contracts, and illegal activities due to dualisation. In order to solve these problems, this study proposed the following measures to improve the human rights of foreign seafarers. First, in order to resolve the problem of basic rights not being guaranteed due to the dualisation of the legal system, improvements are needed at the legislative level to guarantee minimum wage and prevent illegal wage arrears and deductions. Second, in order to solve the problem of the lack of clear regulations on seafarers' working hours, rest time regulations must be established in response to the application of minimum standards for seafarers and the extension of working hours. Thirdly, there is a need to introduce other forms of identification to replace passports or to establish a system for seafarers working at sea. In addition, in order to protect the health, safety, and human rights of seafarers, provisions for termination of employment contracts in special situations based on clear standards are necessary. Fourth, in order to solve the problem of illegal activities in the name of transmission fees or management fees due to dualisation, it is necessary to include provisions related to foreign seafarers in the Seafarers Act and take measures to strengthen the functions and responsibilities of relevant agencies. In addition, the government needs to strengthen specific regulations to ensure that the agreement process between transmission companies and the National Federation of Fisheries Cooperatives, which are agents for transmission fees and management fees, is conducted fairly. Fifth, practical management and supervision must be strengthened to prevent human rights violations arising from inconsistencies between the provisions of the Seafarers' Act and reality. In addition, it is necessary to provide a space for exchanging information by supporting the community of foreign seafarers, and to establish regulations to clearly prevent and monitor human rights violations of seafarers.&#x0D; At a time when the need for a policy to protect the human rights of foreign seafarers is being actively discussed, it is expected that the results of this study will be used as a basis for research on the respect and protection of the human rights of foreign seafarers.

The sources and structure of wage inequality changes in the selected Central-Eastern European Countries

AbstractWe study the determinants of wage inequality and its fluctuations in six Central-Eastern European nations using European Union Statistics on Income and Living Conditions microdata from 2010 to 2019. Wage disparity in these countries changed in distinct ways. Inequality in Czechia and Romania is generally steady, has fallen consistently in Poland and Slovakia, and has increased in Bulgaria. Inequality has been steadily reducing in Hungary but has recently increased significantly. Therefore, this paper questions these countries' primary causes of wage inequality changes. In addition to providing a detailed description of inequality trends in these countries, we focus on examining the demographic and micro-level determinants alongside the minimum wage changes. We estimate these effects using RIF regression and RIF decompositions for various inequality measures. The changes in wage inequality in these countries were driven mainly by wage structure effects regardless of the increase or decrease in wage inequality. Changes in the returns to education and returns to permanent employment contracts are crucial in explaining decreased wage inequality. The increases in wage inequality in Hungary and Bulgaria are defined mainly by the changes in the estimated constants instead of micro-level determinants. The changes in the minimum wage explain most of the unknown factors in Bulgaria, and the spillover effects of the minimum wage may explain most of the unknown factors in Hungary. Our results can support the skill-biased technological change hypothesis in the case of Slovakia, Romania, Czechia, and Bulgaria.

Problems of taking into account the employee’s will when considering labor disputes on termination of the employment contract of their own free will

In general, a number of labor law institutions, taking into account the will of the employee plays a very important, if not the dominant role. However, at present, in labor legislation there are no legally established parameters for taking into account the expression of will. In this case, problems of proof arise related to issues of expression of will.These problems arise most acutely when considering such categories of labor disputes as voluntary dismissal. The article will discuss such concepts as will, expression of will, defect of will. When considering the means of proof, the main emphasis will be on the judicial practice of using certain means of proof. At the same time, the authors will consider only those means of proof that will help establish that dismissal by agreement of the parties actually contradicts the voluntary expression of the employee’s will.

Problems of Application of Termination of Employment Contract due to Circumstances beyond the Control of the Parties

The research focuses on the application of the concepts of "the employment contract", "termination of the employment contract" and "dismissal" and cases when the employment contract was terminated due to circumstances beyond the control of the parties. Though the Labor Code of the Republic of Uzbekistan clearly defines the grounds for termination of an employment contract in cases beyond the control of the parties, there is no mechanism for applying these grounds in practice. In other words, there are no rules for terminating an employment contract, on what basis, in what order and for how long.

Features of Termination of an Employment Contract at the Initiative of the Employer: Uzbekistan’s Case

Among labor disputes, perhaps one of the most interesting and difficult to study is the termination of an employment contract at the employer’s initiative. Due to the complexity of the mechanism (formal requirements) for the termination of an employment contract at the employer’s initiative, many employers try to formalize the termination of an employment contract on other grounds (for example, by agreement of the parties (art. 157 of Labor Code of Uzbekistan – hereafter referred to as LC/Labor code) or at the employee’s initiative (art.160 LC)). In essence, this means that employers in practice cannot properly apply their right as guaranteed by the Labor Code. In this regard, the article elaborates in detail the procedure for terminating an employment contract on the employer’s initiative, in accordance with the legislation of the Republic of Uzbekistan, and discusses case law, provides examples and provides scientific explanations.

The contribution of the CJEU to the notion of habitual workplace in the field of international transport

The notion of the place (or country) in or from which the employee habitually carries out his or her work in performance of the contract of employment plays an important role in determining the allocation of international jurisdiction and the law applicable to the employment contract in the case of international transport. The CJEU has interpreted the notion of ‘where, or from where, the employee habitually carries out his or her work’ very broadly, concomitantly reducing the scope of the ‘engaging place of business’ criterion. This article shows the evolution of CJEU case law and its contribution to the development of the notion of habitual workplace in the field of international transport.

Analysis of the Effect of Tax Planning, Deferred Tax Burden, and Company Size on Profit Management

Researchers want to re-evaluate data on different units and also the Covid-19 pandemic which has caused several sectors to experience a significant increase in the company's profits. To analyze the effect of tax planning, deferred tax expense, and company size on earnings management. In the basic perspective to understand the concept of earnings management, the organization has several agreements, for example an employment contract between the organization and its directors and an advance agreement between the organization and its bank. Where between the head and management need to expand the utility of each with the data they have. However, again Management has more data than heads, causing data to be unbalanced. In this study using purposive sampling technique, the number of sample data used in this study were 24 companies from the Indonesia Stock Exchange in the goods and consumption sub-sector. does not affect earnings management, Deferred tax burden has an effect on earnings management. With the conclusion that the greater the profit earned, the greater the tax to be imposed on the company, and vice versa. So the company should continue to do tax planning as an effort to minimize the company's taxable profit, because this is legal in the eyes of the State.

Aligning academic career management in the evolving landscape of Cambodian public universities

PurposeThis study examines the management practices and alignment features needed to develop academic staff’s careers, mainly focusing on teaching competencies in the evolving landscape of Cambodian public universities.Design/methodology/approachA multiple-case research design was adopted to collect data from interviews with 11 academic leaders and focus-group discussions (FGDs) with 13 academic teachers at two public universities in provincial Cambodia. A thematic approach was performed to code and analyse data to address the research questions.FindingsThis study found that the management of academic careers in the selected universities was hybrid, deregulating state control to relative institutional autonomy for contracted employees but rather centralised management for civil servants. However, weak institutional leadership and negligence in formulating comprehensive institutional guidelines for strategic human resource management (HRM) have caused misalignments of management practices to develop academic careers in the studied contexts.Research limitations/implicationsThis case study limits its findings to two universities in provincial Cambodia. Nevertheless, this study adds to the scarce literature on the research topic in Cambodian public universities and opens a path for cross-institutional and national comparative studies on similar foci.Originality/valueThis is a ground-breaking study set in the evolving space of Cambodian public higher education, where attention to the research area remains limited.