Employer Obligations Research Articles

Comparative Legal Analysis of Domestic Worker’s Legal Status under International and Russian Law

Purpose: The article aims to identify the international legal mechanisms for protecting the labour rights of domestic workers and determine the extent of their conformity with the Russian legislation. Structure / Methodology / Approach: To determine the mechanisms for protecting the labour rights of domestic workers, it seems necessary: first, to estimate the efficiency of the international legal mechanisms; second, to analyze the labour standards of the Russian legislation aimed at the legal registration of such labour relations; third, to study the provisions of the legislation in a number of states; fourth, to formulate recommendations on the implementation of the provisions of the international labour law in part of regulation of domestic workers’ labour; fifth, to determine the legal prospects for the Russia's participation in ILO Convention No. 189 concerning Decent Work for Domestic Workers. Results: The conducted comparative legal analysis showed that the Russian legislation in general complies with the provisions of ILO Convention No. 189 concerning Decent Work. However, in practice labour relations with domestic workers are rarely subject to legal formalization, which results in the violation of rights of such workers without further consequences. The authors propose to enshrine in the legislation the employer's obligation to conclude written employment contracts. Besides, the authors have developed proposals for improving the existing labour legislation in accordance with the international standards. Practical Implications: The results can be used to improve international legal regulations, as well as in the formulation of policies aimed to protect and promote the labour rights. Originality / Value. The main contribution of this study is the elaboration of ways aimed at progressive development of international and national legal regulation of relations associated with the legal status and labour of domestic workers.

The Impact of Organizational Commitment on Organizational Citizenship Behaviour among Managerial Level Employees in Apperal Industry in Gampaha District

Organizational Citizenship Behaviors (OCBs) are activities which are voluntary, go beyond the formal obligations of employees, and significantly affect the efficiency of the entire organization. Not only has the nature of OCBs been studied, but so too have their dimensions and antecedents. However, there is a significant research gap in the area of employee manifestations of citizenship behaviors in the Apparel industry. This study attempted to examine the impact of Organizational Commitment on Organizational Citizenship Behavior among managerial level employees in Apparel Industry in Gampaha District. The objective of this study was to investigate the impact of organization commitment and its dimensions (Affective commitment, continuance commitment, normative commitment) on organization citizenship behavior among managerial level employees 110 managerial level employees were selected as a sample by using simple random sampling method. In this study, data were collected by use of structured questionnaire. OCB was measured by using standard scale which was developed by Chiun-Lo and Ramayah (2009). Organizational commitment was measured by using a scale developed by Allen & Meyers (1990) which was consisted with 24 items. The finding of the research revealed that there is a positive relationship between affective commitment and normative commitment of organization with organizational citizenship behavior. Whereas, continuance commitment shows a negative relationship with OCB. Therefore it suggested that, if the management of the any organization consider the organization commitment it will positively relate with the organization citizenship behavior of the managerial level employees. Relevant training is most important to managerial level employees to give their high performance while giving fullest commitment to the organization.

Stéttarfélagsaðild á Íslandi

Fáar rannsóknir hafa verið gerðar á stéttarfélagsaðild hér á landi en nokkrar um stéttarfélög. Mikil umræða hefur verið í Evrópu síðustu 20 ár um minnkandi stéttarfélagsaðild en þar hefur dregið nokkuð úr aðild. Ýmsar ástæður hafa verið nefndar til sögunnar sem hafa haft áhrif á þessa fækkun, svo sem almenn efnahagsleg velsæld frá lokum seinni heimsstyrjaldarinnar, tilskipanir og reglur frá Evrópusambandinu um aukin réttindi og vernd starfsmanna, áhersla á samþættingu vinnu og einkalífs, aukinn hagvöxtur, hærra atvinnustig, formgerðarbreyting á vinnumarkaði og nýjar stjórnunaraðferðir sem leggja áherslu á að starfsmenn standi utan stéttarfélaga. Enn fremur hefur verið bent á sem mögulega skýringaþætti, alþjóðavæðinguna, harðnandi samkeppni fyrirtækja á alþjóðlegum mörkuðum, meiri áherslu á sveigjanleika í ráðningarformi, útvistun starfa og að erfiðlega hefur gengur að fá vel menntaða sérfræðinga til að vera í stéttarfélögum. Þróun stéttarfélagsaðildar hér á landi hefur verið með öðrum hætti, en síðustu 20 ár hefur stéttarfélagsaðild hér á landi haldist nokkuð stöðug. Í þessari grein er rakin þróun stéttarfélagsaðildar hér á landi frá árunum 1994- 2016. Settar eru fram nokkrar yrðingar (proposition) sem skýrt geta háa stéttarfélagsaðild hér á landi að mati höfunda. Þær eru; (1) forgangsréttarákvæði kjarasamninga, (2) skylda atvinnurekenda til að innheimta félagsgjöld starfsmanna, (3) fjöldi opinberra starfsmanna á íslenskum vinnumarkaði, (4) markviss vinna stéttarfélaga að gera aðild að stéttarfélögum aðlaðandi með fjölbreyttri þjónustu, (5) sérstök áhersla stéttarfélaga til að ná til ungs fólks á vinnumarkaði, (6) tenging félagsaðildar við lífeyrissjóðakerfið á sínum tíma og (7) „Ghent kerfið” sem byggði á því að atvinnuleysisbætur tengdust stéttarfélagsaðild.

Enterprise gamification systems and employment legislation: a systematic literature review

A recent innovation in employee motivation systems is the introduction of ‘gamification’, which refers to the use of game design mechanics and principles to influence behaviour to enhance staff motivation and engagement. Enterprise gamification systems aggravate the differences in information availability between employers and employees, and employees who may be forced to adopt such systems may be placed under stress, worsening employment relationships in the workplace. Therefore, this research examines the potential legal implications of gamified employee motivation systems. This study undertook a systematic review of enterprise gamification and then used thematic analysis coupled with a review of legislation to examine whether gamification in workplaces meets the legal obligations of employers under their ‘duty of good faith’ in the New Zealand context. We find that carefully designed enterprise gamification systems should provide sufficient information and clarity for employees and support positive employment relationships. Deployments of enterprise gamification systems should be carefully planned with employee consultation and feedback supporting the introduction of an enterprise gamification system. Future research should look beyond the ‘good faith’ obligation and examine the relationship between gamification systems and the law on personal grievances.

Major court and tribunal decisions in Australia in 2018

The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review; a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed to have a disability is noted. Finally, the review considers several significant judicial decisions on accessorial liability and penalites under the Fair Work Act.

THE ROLE OF THE LABOR CONTRACT IN THE IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES OF THE LABOR LEGAL RELATIONS

The article is devoted to the study of the role of the employment contract in the realization of therights and obligations of the parties to the employment relationship. The views of well-known scientistsconcerning the nature of the employment contract and labor relations are investigated. Attention is drawnto the fact that along with the fact that the employment contract is the basis for the emergence ofemployment relationships, it is also their regulator. The feasibility of the future Labor Code of Ukrainesubstantiates as fully as possible the rights and obligations of employees and employers, without reducingthe legal guarantees of labor rights of employees, provided for by the Labor Code of Ukraine. It is alsoproposed to approve at the level of the resolution of the Cabinet of Ministers of Ukraine a typical form ofan employment contract between an employee and an employer.

Psychological Contract Fulfillment on Employees Reactions within the Context of Organizational Justice

Aim - The objective of the study was to examine the psychological contract expectations by employees and the impact of any deviation from its perceived benefits by the employees of an organization, as they occur within social exchange relationships to account for employee responses. 
 Methodology - This is an exploratory longitudinal study in which an investigation is made into the changes in employment obligations as perceived by employees based on the level of fulfillment of contract obligations by their employer(s). 
 Findings - It was deduced that an employer's inability to fulfill its contractual commitments was the foundational cause associated with the decline in cooperation of the employees to fulfill their employment obligations. 
 Significance - The results of the current study show that there is a significant and positive relationship between Psychological Contract Fulfilment and Employee Reaction. Results presented that there is a significant and positive relationship between Organizational Justice and Employee Reaction. Results presented that there is a significant and positive relationship between Organizational Justice and Psychological Contract Fulfilment.

The health and safety risks for people who drive for work in the gig economy

BackgroundVery little research has been conducted into the road safety risks of people who drive in the gig economy (e.g. Uber, Deliveroo). The aim of this study was to explore the experience of risk and its management amongst drivers and their managers engaged in the gig economy. MethodsIn depth interviews and an online survey were carried out among gig economy drivers and their managers. Questions focused on the context in which they work, the extent to which they are aware of, create or experience risks, what they perceived as the roles and responsibilities for safety and how they or their employer managed safety. ResultsIn-depth interviews were carried out with 48 participants and an online survey was completed by 231 respondents. Gig work led some couriers to experience impairment caused by fatigue and pressure to violate speed limits and to use their phones whilst driving. Many admitted to having a collision and experiencing near misses daily. In the online survey 42% said they had been involved in a collision where there vehicle had been damaged and 10% said that someone had been injured, usually themselves. Most respondents (75%) said there had been occasions while working when they have had to take action to avoid a collision. ConclusionsThe emergence of the gig driver could give rise to a perfect storm of risk factors affecting the health and safety not just of the people who work in the economy but for other road users. Pressure from Government should make these service providers more aware of their employment obligations and provide safeguards for people who generate income for them. Recommendations are made to improve the safety of gig workers.

The Indonesian Wage Law

Work in Islamic law based on the Qur'an and Hadith, is an obligation and has the right to get a job. The Qur'an is very opposed to acts of lazy, wasting time, and not doing things that are not productive. Someone must work to work as well as possible to get his salary, while for employers must pay a decent wage, in recognition of the work performance of workers. The national wage system is regulated in Act Number 13 Year 2003 about Manpower, from the aspect of formalities, has guaranteed the rights and obligations of workers and employers. But from the substance aspect, workers are paid cheap wages for various reasons. To achieve a decent wage for productive workers, it must be supported by good, harmonious and moral cooperation between employers and workers. Both parties are one entity in carrying out workers, not as parties with training positions. Standards for both parties, in addition to national law, also adhere to Islamic values ??based on the Qur'an and Hadith.

Changes to Newcomers’ Psychological Contract Over Time: The Interactive Effects of the Fulfilment of Employer and Employee Obligations

The goal of this study was to examine changes in newcomers’ psychological contract over time. Based on schema theory and the post-violation model of the psychological contract, we theorized that psychological contract fulfillment is strengthening the psychological contract over time, while changes in the psychological contract are most likely to occur in a situation of low employer and employee fulfillment. In a sample of newcomers in a Brazilian public organization, we tested how the fulfillment of both employer and employee obligations explain the change in the psychological contract. The results support the hypotheses, and we found that the highest level of change in psychological contracts occurred when the fulfilments of the obligations of both parties were low. We discuss the implications for theory on the change in psychological contracts.

Forest Concessions and the United Nations Sustainable Development Goals: Potentials, Challenges and Ways Forward

The Agenda 2030 and its Sustainable Development Goals (SDGs) have directed increased political attention to forests and their sustainable management globally. Forest concessions are a predominant instrument for the sustainable management of public production natural forests in the tropics, but the relationship between the SDGs and forest concessions is poorly explored. Knowledge of this relationship could facilitate aligning tropical forest concession regimes with the SDGs. This research was conducted by means of an online survey, expert interviews and four regional stakeholder workshops to examine (i) how forest concessions can support the implementation of the SDGs; and (ii) what are the key barriers hindering the potential contributions of forest concessions to the SDG. The findings revealed three broad pathways through which forest concessions can support the implementation of the SDGs: (i) sustainable use and management of ecosystem goods and services as the core business; (ii) provision of public goods for socioeconomic development; and (iii) contribution to (sub) national economies through income, employment and fiscal obligations. The paper identifies region-specific (Africa, Latin America and Southeast Asia) technical, legal, governance and institutional barriers limiting the potential contributions. Among these, the key barriers are unclear and conflicting tenure, and the lack of available technical and qualified personnel. The paper concludes that the contributions of forest concessions to the SDGs depend on governance context and the clear use of the instrument to deliver such objectives as better planned and implemented concessions and binding concession contracts. The paper also provides recommendations for aligning forest concessions with the SDGs.

Social dialogue and occupational health and safety in the Republic of Croatia

This article provides an overview of the results of a survey on the quality of social dialogue in the implementation of occupational health and safety law in the Republic of Croatia. The survey was carried out within the EU project Occupational Health and Safety - an Opportunity and a Challenge in Social Dialogue together with the Independent Trade Union of Food and Beverage Manufacturers from Kutjevo as project leader. The effective realisation of occupational health and safety objectives requires properly-conducted social dialogue on all issues related to the health and safety of workers as well as an understanding of the role and obligations of employees’ elected safety reps, authorised OHS officers, OHS specialists and shop stewards. The results of the survey point to the conclusion that additional activities directed at education and awareness must be implemented in order to contribute to strengthening and improving the social dialogue. Consequently, a set of programme guidelines have been proposed in this direction, applying to trade union federations and confederations at all levels.

Matrix of strategic recommendations for immunization of health workers.

Health workers are at high risk of exposure to contagious diseases, many of which might be prevented through vaccination. According to the Brazilian labor legislation, vaccination is a right of workers and an obligation for employers. To develop a matrix of strategic recommendations relative to the vaccination status of health workers as a function of the risks to which this occupational group is exposed. Qualitative study performed at a Health Basic Unit in November and December 2016. We held three workshops with an average of 22 participants and following a problematization method based on the Maguerez arc approach. The data collected in the workshops were recorded on a field notebook. The selected method helped the participants gain insights the process of illness and healthcare. The workshops resulted in a matrix of recommendations of strategies to orient and monitor immunizations for health workers, including: information on vaccinations recommended for health workers, vaccination status updates and occupational health surveillance. The present study provides grounds for occupational healthcare as concerns the vaccination status of the participants and other health workers. The resulting strategic recommendations aim at improving the vaccination status of health workers and thus reduce the risk of diseases preventable through immunizations, which might be a reason for sickness absenteeism, and even of indefinite sick leave.

Zakaz konkurencji a obowiązek lojalności pracownika

The paper answers the question whether the obligation to refrain from competitive activity arises as a result of a non-competition agreement in the course of the employment relationship, or whether it also, to some extent, stems from the special duty of loyalty being in force in the employment relationship. In addition, it evaluates the possibility of the employer terminating the employment relationship with an employee who, while not having a non-competition agreement during the employment relationship, undertook such activity. The duty of loyalty is realized in two different relations. Firstly, it is realized in the workplace community and secondly, individually in the employee – employer relationship. The obligation to refrain from competitive activity by an employee who has not signed non-competition agreements cannot be inferred from the general duty of loyalty inherent in the relationship between the parties to the employment relationship. An agreement which will determine its extent is required in order to form such an obligation. Only if a non-competition agreement is concluded, the employer may rely on the employee’s obligation to refrain from competitive activity and draw the consequences in the form of dismissal under the procedure of Article 52 of the Labour Code. Each case, however, should be assessed individually because starting a competitive activity may also lead to the breaking of another employee obligation in a manner that can be classified as culpable and a serious violation of basic employee duties.

Ome / Archives / Vol 1 No 2 (2018): Regular Issue / Articles CREATING MSMEs GOVERNANCE INDICATORS, AS EVALUATION TOOLS AND REFERENCE IN CREATING A GOOD CORPORATE GOVERNANCE

Micro small and medium enterprises (MSMEs) in Indonesia have difficulties in developing their business, this is due to a lack of knowledge and references about good governance concepts for MSMEs. Base on that phenomenon, this study aims to find the right indicators, to be used as a reference for MSME in improving good governance. Using experimental research methods, we found several good governance indicators for MSMEs: (1) Transparency: Transparency of financial statements through separation of company and personal finance, transparency of rights and obligations of employees, (2) Accountability: Human resources function, marketing function, financial function and operation function (3) Responsibility: business legality, waste management and Product Certification, (4) Independency: Profitability and autonomy in managing the business, (5) fairness: Equal opportunity in a company career and a fair compensation system. This indicator is implemented in the evaluation process of MSMEs, The result show that MSMEs with better governance score, able to survive and improve its performance while MSMEs with bad score go bankrupt. These results prove that these indicators can be used as an evaluation tool and can be a reference for MSMEs in creating good governance.

Legal Aspects and Statistics of Work Injuries in the Czech Republic

Abstract By work injury, a health damage or employee´s decease are meant if those were caused independently on employee´s will by short-period, accidental and violent effect of external impacts while fulfilling working tasks or directly related to it. Also such injury is considered a work injury, which happened when the employee fulfilled his/her working tasks. Legal regulation of the rights and obligations of employers as well as employees as it comes to occupational injuries is being often ignored by both parties of labour-law relationship. In fact, insufficient knowledge of this topic can bring many complications to both parties. It is necessary to keep in mind that not each injury can be considered work injury. The aim of this article is to analyze legal aspects of work injury supported by judicature and statistical data out of segment of work injuries in the Czech Republic. The law is not always clear and allows different explanation, as it also does not consider all situations and questions. Answers to problematic points are more and more often being found in judicature - deciding practice of courts, its conclusions, explanations and statements are evaluated. There is an example of injury happened during a business trip used in this article, by which it will be explained what activities can be thought such relating to working tasks fulfilment. When work injury occurs, the employer is obligated to clarify the reasons and circumstances of it. A monitoring of statistical data of work injuries and their causes seems to be a significant basis when elaborating company risk analyzes, prevention and risk management, occupational health and safety, working conditions and environment.

Contrato psicológico en empleados mexicanos: Creencias de obligaciones relacionales y transaccionales

Se examinan las creencias de una muestra de empleados mexicanos sobre las obligaciones recíprocas en la relación empleado-empleador, con base en los tipos de Contrato Psicológico Relacional y Transaccional. Se realizó un estudio no experimental, correlacional, transversal. Participaron 345 empleados de diversas organizaciones de la Ciudad de México. Se pusieron a prueba modelos PATH sobre la relación de las creencias del empleado sobre las obligaciones empleado-empleador. En el modelo Relacional, se identificaron antecedentes sobre las creencias de Lealtad y Seguridad, el modelo mostró menos variables independientes con un mayor nivel predictivo. En el modelo Transaccional se identificaron más variables independientes relacionadas con un menor nivel predictivo. Se señala la necesidad de proponer modelos predictivos con otras variables, como el compromiso, la justicia y la adherencia organizacional, la satisfacción laboral, el desempeño y la rotación. Esta investigación contribuye a la Teoría del Intercambio Social en las Organizaciones y la dinámica del Contrato Psicológico como un enfoque que puede ayudar en la definición de estrategias, políticas organizacionales y prácticas orientadas a relaciones laborales sanas en México.

Kuzey Amerika ve Türkiye‘de Tarımsal İş Hukuku

İşgücü kavramı, kişilerin veya tüzel kişiliklerin ekonomik faaliyetleri ile birlikte ortaya çıkmıştır. Bir malın veya hizmetin üretimi karşılıklı iş ilişkisine bağlı olarak yürütülmektedir. Özellikle sanayi devrimi sonucunda ortaya çıkan işçi sınıfı ile birlikte işçilerin ve işverenlerin hak ile yükümlülükleri konusunda hukuki kurallara ihtiyaç duyulmaya başlanmıştır. Temelde sanayi ağırlıklı olan bu hukuki düzenlemeler tarım sektörünü çoğunlukla kapsam dışı bırakmıştır. Tarım işletmelerinin aile işgücüne dayalı bir yapısı olduğu için, dışarıdan mal ve hizmet alımı konusunda iş sözleşmesi düzenlenmesi diğer sektörlere oranla daha azdır. Tarım sektöründe kurumsallaşmanın yaygın olmaması, tarım işçisi sınıfının olmaması, kendi hesabına çalışan aile işletmelerinin yoğun olması, gibi nedenler gelişmekte olan Türkiye gibi ülkelerde tarımsal iş hukukunun sadece iş hukukunun bir yan dalı olarak kalmasına yol açmıştır. Çalışmaya konu olan Kuzey Amerika ülkelerinde, özellikle Amerika ve Kanada‘da, tarımsal iş hukuku yasal sistem içerisinde özel bir hukuk dalı olarak yer almaktadır. Amerika ve Kanada federal bir yönetim sistemi ile yönetilmekte olup, her eyaletin genel yasal çerçeve yanında özel düzenlemeleri de bulunmaktadır. Çalışmanın amacı, Kuzey Amerika ülkelerinden Amerika ve Kanada‘da tarımsal iş hukuku konusunda gelişmelerle Türkiye‘yi karşılaştırmaktır. Bu kapsamda Amerika ve Kanada‘da tarımsal ücretler, mevsimlik ve göçmen işçiler, çocuk işçi ile sosyal güvence ve iş sağlığı konularındaki yasal düzenlemeler incelenmiş ve Türkiye‘nin mevcut yasal mevzuatı ile birlikte değerlendirilmiştir.

PENGARUH MANAJEMEN BAKAT DALAM MEMPERTAHANKAN KARYAWAN DENGAN KOMITMEN ORGANISASI SEBAGAI VARIABEL MODERASI

The purpose of this study was to examine the influence of talent management in maintaining employees with organizational commitment as a moderating variable in employees of PT. Rara Lestari Global. In this study used the census method (total sampling) in determining the sample of 55 respondents, through moderation analysis techniques (MRA). Based on the results of the analysis shows that all hypotheses can be accepted that is 1) Talent management has a positive and significant influence in retaining employees. 2) Organizational commitment has a positive and significant influence in retaining employees. 3) Organizational commitment is able to moderate the positive relationship of talent management in retaining employees. Suggestions recommended companies should conduct training, socialization, cultivate talent so that workers are able to work well with a good talent for corporate purposes. Unstructured job base on employees make employees feel burdened this should be the special attention of the management so that the responsibilities and obligations of employees in accordance with what is done so that employees stay at PT. Rara Lestari Global Bali.

Analisis Putusan Mahkamah Agung Nomor 501 K/ PDT.SUS-PHI/ 2016 Tentang Pemutusan Hubungan Kerja

The purpose of this study is to know that the Certain Working Agreement on Oral Time is not allowed in the legislation, the Supreme Court judges consideration in deciding the case Number 501 K / Pdt.Sus-PHI / 2016 and the conformity of the decision with the law applicable in Indonesia. This study uses normative juridical method, which is analytical descriptive, with data collection method in the form of library study and supported by interview with judges. The results of the research show that First, the judge's decision is unfair to both parties litigation because the defendant is not punished to pay the wage of suspension (wage process) with emphasis on the consideration of unwritten PKWT so that by law become PKWTT. Second The process wage demands which are not accepted by the judge are contrary to the laws and regulations on employment and on the settlement of industrial relations disputes because the law requires that workers and employers continue to perform their obligations until the establishment of an Industrial Dispute Settlement Institution, including the obligation of employers to pay the wage of a suspension (wages process). So the Supreme Court Decision Number 501 K / Pdt.Sus-PHI / 2016 is less in accordance with the prevailing laws and regulations in Indonesia. Keywords: Oral Employment Agreement, Termination Dispute, Employment