Form Of Employment Relations Research Articles

LEGAL PROTECTION OF WORKERS WITH A SPECIFIC TIME WORK AGREEMENT (PKWT) IN THE TRANSFER OF OUTSOURCING COMPANIES FOLLOWING THE ENACTMENT OF LAW NO. 6/2023

Employment relations can occur due to the existence of work, orders, and wages. Indonesian labor law recognizes two forms of employment relations, which are employment relations with a Specific Time Work Agreement (PKWT) and an Indefinite Time Work Agreement (PKWTT). This research aims to obtain further understanding of Government Regulation No. 6/2023 on Job Creation. This regulation is a result of the Government's efforts to fulfill legal protection of people's rights to work and a decent livelihood for humanity through job creation. This research uses a statutory approach and a conceptual approach. The types of legal materials used are primary, secondary and tertiary legal materials which are then systematically inventoried and categorized to solve real problems and try to formulate accurately, clearly and appropriately about the comparison of Law No. 13/2003 on Manpower and the Government Regulation on Job Creation (Law No. 6/2017 on the Stipulation of Government Regulation in Lieu of Law No. 2/2016 on Job Creation into Law). The results indicated that employees who are bound by a Specific Time Work Agreement (PKWT) after the enactment of the Government Regulation in Lieu of the Job Creation Law receive legal protection and compensation from outsourcing companies. This compensation is given to outsourced employees after the end of the work agreement, such as outsourcing companies, in accordance with the provisions stipulated in the preceding regulation.

Realising Pancasila Industrial Relations In Terms Of The Muamalah Principle In Islam For The Period 2008-2015

Muamalah is the sunnatullah of man as a social being. One form of mammalian is in the form of employment relations. Labour relations in the modern era developed into industrial relations and experienced developments in form and scope. The Indonesian state based on Pancasila and the 1945 Constitution aspires to realise fair industrial relations formulated in Pancasila Industrial relations. On the other hand, the majority of Indonesia's population is Muslim and has fair industrial relations. Efforts to realise fair industrial relations through the approach of the Indonesian constitution, namely industrial relations and the approach of the mullah principle, can be juxtaposed. In the national context, the government formulated Pancasila Industrial Relations as the goal of developing and fostering Industrial Relations. The author will discuss the Islamic perspective on justice in industrial relations and the role of each in realising equitable industrial relations. The compatibility and differences between these approaches can be a dissolution to realising justice in industrial relations to its order and application

Non-Standard Workers: The South African Context, International Law and Regulation by The European Union

The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

The performance of companies in terms of outsourcing

In the article the essence of outsourcing as a new form of employment relations is considered, its features are defined in comparison with traditional forms of employment, its advantages and disadvantages are given. The authors describe the reasons why companies resort to outsourcing, in particular, on the example of small business, illustrate the strategic importance of outsourcing. The practical application of outsourcing is becoming more widespread in the modern business. The scientific and actual role of outsourcing in the management of the enterprise has greatly increased, which is proved by the fact that today more than fifty per cent of current foreign companies apply data approach. Thus today in the Russian Federation outsourcing is at an early stage of formation and relates mainly to restructuring of business entities and development of the market of information technologies. The analysis allowed determining the provisional value of the outsourcers’ services. The basis of determining the cost of the services is the cost of maintenance of one unit of standard accounting service. The calculations show that for the investigated enterprise it is very advantageous to transfer a number of business process to outsourcing, and there is a need to carefully consider over the choice of an outsourcer in order to avoid the negative sides of the work under this type of agreements. When deciding about outsourcing, one needs to analyze the financial and organizational costs, while keeping the risks of associated with the work in terms of outsourcing in the analysis area.

Emerging nonstandard employment relations and implications for human resource management functions in Nigeria

The issue of nonstandard employment relations has become very common in most work organizations as a result of globalization and volatile labour market situation in Nigeria. However, the implications of the prevalence of this phenomenon on core human resource management (HRM) functions in organizations are rarely investigated by the industrial sociologists. Conceptualizing nonstandard work within the context of casual, contract and outsourced work, the paper argues that this form of employment relations has been exacerbated by the growing incidence of youth unemployment in Nigeria. Anchoring the theoretical framework of nonstandard employment relations on neo-liberalism, the paper further contended that most organizations are using this mode of employment to reduce labour cost so as to increase profit in line with the rule of free market economy. The paper maintains that with this mode of employment relations, the traditional core functions of HRM such as employment activities, training and development, performance appraisal, wages and salary administration, and motivation may have been relegated to the background. Consequently, organizations may no longer produce a cohort of stable, motivated, productive, committed and efficient workforce. In conclusion, the paper submits that an attempt by organizations to reduce labour cost by engaging nonstandard workers will result in even higher cost on the long run; largely due to unstable, unproductive and non-committed workforce. Hence, all stakeholders must be united in combating this prevalent mode of employment relations. Key words: Nonstandard work, casual and contract workers, human resource management, neo-liberalism, employment relations.

Introducing employment relations in South Eastern Europe

PurposeThe purpose of this paper is to introduce the employment relations context in South Eastern Europe from a variety of capitalism perspectives. Particular attention is accorded to the uneven nature of change at both the levels of institutions and practice. This is followed by a review of the individual papers that make up this special issue.Design/methodology/approachThis paper is primarily a theoretical one, providing a review of the papers that make up this special issue and giving an overview of the foundation being provided.FindingsWhile the term “transitional” has often been deployed to describe employment relations across the region, the process has been an extremely protracted one. There is little doubt that the nature and form of employment relations in the countries encompassed in this review is still coalescing, with further ruptures likely as a result of the 2009 depression. At the same time, the papers in this special issue point to long‐standing continuities with employment.Research limitations/implicationsWhile the papers that make up this special issue may present the most recent research in the region, they also point to future areas for research. First, there is particularly little research that has been undertaken on peripheral areas of a generally peripheral region. Not only do we know very little about, say, Albanian employment relations, but we know little about employment relations in peripheral areas of large countries such as Turkey. Second, the 2009 depression is likely to accelerate trends to downsizing and insecure work, in the short term at least. Finally, there is a growing consensus that a sustainable economic recovery from the current crisis will depend, at least in part, on new social compromises both globally and regionally.Practical implicationsEmployment relations in the region are undergoing an extended transition. In the short term, the most likely trend will be towards a further weakening of the bargaining position of employees, and towards more insecure working. However, a sustained recovery is likely to see a reversal of this, with employers being more likely to be forced to contemplate new social compromises.Originality/valueThis study applies the comparative capitalism literature to the South Eastern European region context. It also introduces some of the most recent applied research in the region.

Do New Production Concepts and a New Management of Employment Relations, Yield Higher Employee Performance and Lower Job Strain?

In this article old versus new production concepts (NPCs) and employment relation instruments, are studied, separately and in combination, to find out which yield high employee performance and low job strain. Therefore, in 2005, TNO conducted coupled surveys among 149 supervisors and employees. In the past decades, in reaction to dysfunctions of Tayloristic and professional bureaucratic production concepts and employment relations, several new forms of employment relations and NPCs, appeared. Examples are the Socio-technical NPC and customized employment relations. In this study both this NPC and customized employment relations - i.c. customized performance targets - demonstrate positive associations with employee performance. According to Socio-technical theory the design of employment relations is relatively unimportant, as human resources are mobilised primarily by the production concept. Our results for this NPC show the legitimacy of this assumption, because its high employee performance is irrespective of the employment relation instruments. On the contrary, in the other NPCs and in professional bureaucracies, the (employment relation) instruments of respectively an increased period needed for learning the job, and customized performance targets can compensate for the lower employee performance in these production concepts. The results do not show increased job strain, due to new production concepts, or new employment relations. production concepts, employment relations, labour productivity, socio-technical theory

Flexibility and stability of expectations in the contract of employment

The law stabilizes transactional relations by protecting the implicit expectations of the parties to contracts by various techniques including the imposition of mandatory and supplementary rules. The established pattern in the contract of employment of the protection of expectations of co-operation from the employee and fair treatment by the employer has come under strain as a consequence of the employer's increasing expectations of functional flexibility and entrepreneurial activity on the part of the employee. In order to protect these new expectations with regard to the indeterminacy and impermanence of employment, communication and consultation, and incentive-based payment systems, legal systems need to evolve new normative standards that can articulate and stabilize these new forms of employment relations. Using the model of symbiotic contracts as a paradigm, the essay explores what normative standards and regulatory techniques will be appropriate to stabilize and protect new flexible employment relations. The primary objective of this regulation is to secure fair treatment for employees so that they will be willing to co-operate with new flexible forms of employment, which in turn should promote competitiveness.

Ownership Change and Reshaping of Employment Relations in China: A Study of Two Manufacturing Companies

The need for China to survive and to compete in the rapidly globalising world economy has never been so compelling as in the past decade. Reforming state-owned enterprises (SOEs) has thus been at the top of the Chinese government’s agenda since the mid-1990s. This has led to the emergence of new patterns of enterprise ownership and consequently new employment relations which are distinctively different from those in the traditional SOEs. This paper explores the ways key elements of employment relations may have changed as a result of ownership change; why the trade unions have failed to perform adequately, and what the impact has been on workers of the new form of employment relations. In this paper, the term employment relations is used to include a broad range of issues which fall within the scope of analysis of both traditional fields of industrial relations and human resource management. In particular, aspects of employment relations such as recruitment, pay, training, work reorganisation and the role of the trade unions are explored.

Market returns? Gender and theories of change in employment relations

This paper explores recent arguments about the marketization of female labour, in the context of a wider analysis of the role of concepts like 'the market' and 'individualization' in sociological accounts of change in employment relations. It will be argued that within sociology there has been a tendency for rapid, large-scale changes in employment relations to be characterized as the breakdown of social influences or structures and as the emergence of atomized, individuated market forces. In the most recent models, change in the nature of gendered positions within employment are presented in terms of a decline of social structuring and social constraint. These emergent accounts hold similarities to classical economics, and to Marx's and Weber's accounts of employment, which also characterized new forms of employment relations in terms of the emptying of their social content and their replacement by market forms. We offer an alternative, moral economy, perspective which foregrounds the continued significance of social relations in the structuring of employment and employment change. We develop the argument through an analysis of gendered patterns of employment and change in family form.

New forms of employment relations in the public services: the limits of strategic choice

Drawing on a strategic choice model, this article examines the extent to which public service organisations have used their newly established employment relations discretion. Constrained by external pressures and upstream decisions on purpose and structure, the exercise of genuine choice is seen to vary between organisations and according to the nature of the issue.

Strategic choice and new forms of employment relations in the public service sector:developing an analytical framework

The article argues that the recent restructuring of the public service sector has provided employing units–local authorities, executive agencies and hospital trusts–with new and important choices in approaches to employment relations. It presents a model for use in the evaluation of the way this strategic choice has been exercised. Suggesting that such restructuring has explicitly been based upon private sector organizational forms, the model draws heavily upon a framework developed in the context of similar analysis in multi-divisional companies. It therefore looks at how first- and second-order strategic choices linked to organizational purpose, structure and control relate to employment relations decisions within the context of a range of external influences and constraints. Three strategic employment relations decisions are examined:management styles; the role and structure of the corporate personnel function; and the level of bargaining and consultation. Using material from the initial stages of a three-year research project, the article presents trends in the exercise of choice in these areas. At the same time, it argues that, in the light of these findings, the framework used to analyse private sector developments needs to be refined and extended to account for particular public sector characteristics and circumstances.

Strategic Choice and the Development of New Forms of Employment Relations in Public Service Sector

The paper puts forward an analytical and conceptual model for studying the exercise of strategic choice and the development of new forms of employment relations in the public service sector. It then seeks to present some findings from the initial phase of a three year ESRC funded project related to research questions generated by this model.