Employer Obligations Research Articles

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.

Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code

Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.

Lavoro agile emergenziale tra obblighi di tutela della persona ed esigenze dell’impresa

The need to contain the pandemic in the past year has given a formidable boost to the use of human resources in a smart way. Companies have had the opportunity to employ their employees by derogating from the rules defined in Law 81/2017. The emergency discipline has introduced a simplification that has apparently facilitated the use of remote work performance, leaving the structure of responsibility for companies unchanged. This extraordinary opportunity to experiment with the agile way of working has led companies to use their human resources remotely without a precise risk analysis, without adopting adequate security measures, without regulation on management, disciplinary and control power. Smart working was used as a business continuity tool, but according to Istat, the Italian labor market has experienced a drop in productivity, a drop in efficiency, as well as negative consequences on the interpersonal relationships of workers. The study intends to examine how, during the use of smart working, extensive employer obligations to protect the physical and moral personality of employees persist and the need for an adequate risk assessment that allows the preparation of timely information on the health risks and on the processing of personal data. The need to protect companies, personal data being processed and secret company data in the case of smart working suggests adopting an organizational system that develops new methods of remuneration linked to the achievement of objectives and that allows effective and efficient internal disciplinary control. on the worker and on the activities so as to allow, in the most serious cases, the possible intervention of the police with computer search tools. The final reflections analyze the need / opportunity to organize the use of smart working in a uniform manner within the company, enhancing the potential of smart contracts via blockchain to protect employers' needs for accountability.

Maternal Decision-Making and Family-to-Work Spillover: Does Gender Ideology Matter?

ABSTRACT Making parenting decisions is inherent in the responsibility of raising children. Past research suggests that employed mothers may designate themselves “in charge” of these decisions in order to reconcile employment obligations with cultural gender ideologies around mothering. Despite substantial literature suggesting that the more family responsibilities one has, the more likely that family matters are to “spill over” into one’s work, little is known about how employed mothers’ “maternal decision-making” is related to spillover or how mothers’ own personal gender ideologies may influence this link. Based on a sample of employed mothers (N = 316) derived from waves 2002 and 2012 of the General Social Survey, this paper examines how maternal decision-making (i.e., mothers acting as the primary authorities on childrearing decisions) and shared parental decision-making (i.e., mothers and fathers sharing such decisions equally) are differentially associated with negative spillover and how gender ideology plays a role in these experiences. Regression results suggest that for employed mothers, maternal decision-making is associated with greater spillover but that this link is moderated by gender ideology. Among maternal decision-makers, those holding traditional gender attitudes experience greater spillover, whereas those holding egalitarian attitudes experience less spillover, similar to the spillover rate of mothers in shared parental decision-making arrangements. By shifting empirical attention from routine childcare tasks to less visible parenting responsibilities and from societal gender ideologies to individuals’ own beliefs, this study makes important contributions to research on spillover, mental labor, and gender.

The Relevance Of Attitudes Towards Compensation For Losses To An Employee

This article is aimed the relevance of employee remuneration relations, the existing theory and legal practice of compensation, liability arising from injuries of workers and employees in the workplace, compensation for damage to the life and health of workers and employees in the process of work, and provided to employees, discusses the types of guarantees and compensation. The article also discusses the obligation to compensate for the damage caused to the employee, civil liability by its legal nature, whether it arose as a result of damage caused to the employee in connection with the performance of labor duties, and the employer's obligation to fully compensate for the damage.

UNRAVELLING THE TRIANGLE: CLARIFYING THE EMPLOYMENT STATUS WITHIN OUTSOURCING TRIANGULAR EMPLOYMENT RELATIONSHIPS IN KENYA

Purpose: This paper aimed at unravelling the triangle by assessing the employment status of outsourced workers within outsourcing triangular employment relationships (TERs) in Kenya. 
 Methodology: The study adopted desk research in which data was collected from relevant books, journal articles, government reports, legal commentaries, periodicals, relevant statutes, treaties and conventions on the current Kenyan legal framework and its underlying assumptions that pose challenges to outsourced workers. This paper is divided into three main sections. The first discussed the attribution of employment status under Kenya’s labour laws. Due regard was given to the statutory definitions and key judicial tests. The second part focused on the employment status of outsourced workers in outsourcing TERs. Though outsourced workers relate with two authority figures, namely the outsourcing company and the client enterprise, the law classifies the outsourcing company as the outsourced workers’ employer. The law does not define the relationship between the client enterprise and the outsourced workers which poses unique challenges to the workers. These are compounded when outsourcing TERs arise from the conversion of employees to outsourced workers. The third part identified measures to clarify employment status within outsourcing TERs. The paper underscores the importance of clarifying the employment status within outsourcing TERs.
 Findings: It was found that current law on employment status envisages standard employment relationships (SERs) but does not adequately cater for outsourcing TERs. It classifies the outsourcing company as the outsourced workers’ employer, and does not factor in that the client enterprise usually exercises day-to-day control over their outsourced workers’ activities. It was found that this poses unique challenges when there is transfer of employment from SERs to outsourcing, which may lead to employee misclassification.
 Unique Contribution to Theory, Practice and Policy: Adopting joint employee status in Kenya’s legal framework would enable placing some employer obligations on the client enterprise, even though it does not formally attach employer status on it. In addition, the express prohibition of sham arrangements and the limitation of outsourcing arrangements to non-core business activities would curb the use of outsourcing TERs to evade employment responsibilities through employee misclassification.

Juridical Analysis of Employment Relationship (Employees-Employers) in the Aquaculture Sector

The employment relationship (employee-employer) is often one of the relationships that often creates legal problems, be it in the aspects of payroll, employment status, or termination of employment relations. This study is to describe and analyze the work relationship and obligations of the parties at PT. Esa Putlii Prakarsa Utama, as well as to find out the factors inhibiting the implementation of work relations at PT. Esa Putlii Prakarsa Utama. The method used in this research is sociological juridical by analyzing various legal regulations as well as examining behaviors and direct relationships based on understanding the law in terms of social symptoms. This study shows that the working relationship at PT. Esa Putlii Prakarsa Utama occurs because of an indefinite work agreement (PWKT). However, the entrepreneur's actions take action against the law because he has violated Article 60 paragraph (2) of Law Number 13 of 2003 concerning Manpower where employers pay wages below the minimum wage during the probationary period of work, this is null and void by law. Then regarding the rights and obligations of the parties, in principle, the obligations of workers are rights that must be accepted by employers, and vice versa, the obligations of employers are rights that must be accepted by workers. The rights and obligations of the parties can be found in labor laws, company regulations, and collective labor agreements.

Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia

Labor protection for workers is very important because it is in accordance with the implementation of the mandate of the 1945 Constitution, particularly Article 27 Paragraph (2) concerning the rights of citizens to workers and a decent living for humanity. Given the important role of labor for state-owned and private institutions or enterprises in an effort to help workers to obtain their rights. The formulation of the problem in this writing is what is the form of legal protection for workers based on Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS) and what is the responsibility of the employer if there are workers who are not registered as BPJS participants. The result of this research is that the protection for workers in the BPJS Law is that there is an obligation for employers to register their workforce into BPJS membership and the responsibility of employers if they do not register BPJS membership is that there are sanctions ranging from written warnings, fines, and cannot get certain public services. How to cite item: Nurcahyo, N. (2021). Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum , 12(1), 69-78.doi:10.26905/idjch.v12i1.5781.

THE EMPLOYER'S OBLIGATIONS IN THE ISLAMIC SHARIA AND THE SAUDI LABOR SYSTEM: التزامات صاحب العمل في الشريعة الإسلامية ونظام العمل السعودي

The study aimed to clarify the employer's obligations in the Saudi labor system and Islamic law, as the employer's obligations in favor of the worker are represented in implementing all obligations such as wages, vacations, industrial security, etc. , and the study used a descriptive approach and a comparative approach in knowing the employer's obligations in the work system The study reached the appropriate results and recommendations, as the Saudi legislator defined the duties and obligations of the worker towards his work, and at the same time he did not lose sight of setting the procedures and controls that the employer’s obligations towards the worker, when the Islamic Sharia requires fulfilling the rights of others and fulfilling the contracts and the employer must fulfill With his obligations towards the worker to satisfy the teachings of religion, just as Islamic Sharia obliges the employer to pay the wage of the (wage-earner) worker before his sweat dries up, and this is evidence of the concern and importance of the wage of the (wage earner) worker in Islam, and the employer must not prejudice this right. The Saudi legislator, the procedures and controls for paying the wage and the rest of the worker's other dues. The research has been divided into three sections as follows: The first topic: the definitions and concepts of the study terms, the second topic: the employer's obligations towards the worker in Islamic law, and the third topic: the employer's obligations towards the worker, the Saudi labor system.

Being a Deliveroo Rider: Practices of Platform Labor in Nijmegen and Berlin

On-demand delivery platforms have become a common feature of urban economies across the globe. Noted for their hyper-outsourced, “lean” business models and reliance on independent contractors, these companies evade traditional employer obligations while still controlling workers through complex algorithmic management techniques. Using food delivery platform Deliveroo as a case-study, this paper investigates the diverse array of practices that on-demand workers carry out in order to enact this new platform labor arrangement in different spatial contexts. One of us conducted an auto-ethnographic project, working as a Deliveroo Rider in Nijmegen and Berlin for a period of nine months. Additionally, we interviewed 13 fellow platform workers. The findings reveal the motley, contingent, and conditional ways in which on-demand labor comes together on the ground. The paper concludes with discussing the uneven distribution of these practices across locations and social groups, and the sometimes contradictory impacts they have on the structure of platform labor.

Employer's Obligation to Give Employees' Reference and the Nigerian Data Protection Regulation (NDPR) 2019

From time immemorial, whenever an employee moves to a new employment, it had been a standard practice for employers of labour to give employment/work reference to the prospective employers of such former employees.

Post-Leave (Return to Work) Training Needs and Human Resource Development

The Problem Employee leave is impacted by a variety of laws that address employer obligations and employee responsibilities. While the employee leave process is managed by an organization’s Human Resource Management (HRM) function, in most cases these laws and internal organizational policies and procedures do not address the training needs related to the employee’s return to work and subsequent integration into the workplace. Training, and Development is a component of Human Resource Development (HRD) and thus HRD should be largely involved in the employee’s transition back to work. In addition, supervisors/managers should examine their role in to evaluating the training needs of the employee and facilitating a successful post-leave return to work. The HRD literature can benefit from an integrated model of. The Solution This article reviews an important workplace phenomenon existing at the intersection of Human Resource Management (HRM) policies related to employee leave and HRD practices related to addressing training needs upon return to work and emphasizing employee orientation and integration back into the workforce. As a major component of HRD, Organization Development (OD) can also be employed to create a supportive organizational culture for employees on leave. We synthesize existing research on post-leave and rely on the HRD literature to propose solutions that highlight employee training and development interventions. Recommendations for practitioners include how to improve the workplace environment for employees prior to their leave as well as upon return, how to enhance the existence of orientation programs, and how to properly train managers to work well with employees and assess their training needs upon return from leave. The Stakeholders HRD practitioners that are looking to improve leave policies and documented practices as they pertain to the performance and training needs of leave-taking employees upon returning to work as well as managers that strive to ensure returning employees have the knowledge and skills necessary to regain previous levels of competence and productivity will be interested in this research.

The Challenges of Cruise Tourism in Cozumel, Mexico

Tourism on the island of Cozumel begins in the fifties, having three well-defined market segments in the era of the capital, cruises, diving and high performance sports. The academic literature on the subject mentions that the former has a poor economic impact on the receiving communities; environmental effects such as pollution of seas, destruction of habitats, transformation of the coastal landscape, large amounts of solid waste; Socially, the benefits of employment have been precarious by the transfer of employer's obligations to the worker, specifically in the area of ​​health. The effects of cruise tourism on the island of Cozumel have lacked promoting local development, capital has been concentrated and the distribution of wealth is limited, for an activity that generates millions of dollars has capital concentration, leaving a scarce resource in the locality, which is distributed in the first frame of the destination, however it only contributes with less than 50% of the income but with 89.6% of the visitors. From 1999 to date, organized civil society has developed several attempts to manage cruise tourism from a sustainable perspective, however tourism policy linked to the usufruct of the coasts, pressures and imposes actions aimed at the massive attraction of visitors, which highlights the null political will for a management that promotes the sustainability of an activity that has manifested its power to destroy habitats. In this way, the tourist destination of Cozumel presents important challenges in social, environmental and economic matters derived from the management of tourism from a capitalist perspective.

REGULATORY REGULATION OF NON-STANDARD EMPLOYMENT IN UKRAINE DUE TO THE EFFECTS OF PANDEMIC RESTRICTIONS

The article is devoted to the study of the effects of pandemic restrictions on employment and attempts to regulate this situation. Until recently, remote employment was practically not represented in domestic legislation. However, the legislator was forced to pay attention to gaps in the legislation due to the growing number of employees working remotely. Their numbers have risen sharply due to the COVID-19 pandemic. After quarantine, many companies have seen the benefits of telecommuting and freelance, and there is reason to believe that this format will remain in demand. In Ukraine, the main reasons for the rapid spread of freelance are the desire of a very large proportion of employees already to find additional sources of income in connection with the coronary crisis, as well as – wider opportunities for first employment for students, higher earnings, freedom to choose time, place and form work, in general – wider opportunities for self-realization with a free work schedule. At the same time, due to the fact that today freelance is not provided by the current labor legislation of Ukraine, freelancers are actually in a legal vacuum, forced to either register as business entities or work illegally. Widespread non-standard employment is associated with the transition from forced labor, which was characteristic of industrial society, to free activity. The article examines such a category of non-standard employment as remote work and freelance, compares remote work and freelance activities. The differences between these concepts stem from the nature of the relationship: telework is equal to labor relations, and freelance belongs to the category of civil relations. The legal relations that arise when using remote work and freelance in a pandemic are analyzed. The organization of work of remote workers and freelancers differs significantly from the organization of work in traditional forms of employment of employees. The legal aspects of regulation of freelance and distance work in Ukraine and prospects for the development of such legal relations are studied. Based on the analyzed information, recommendations for effective public management of telework and freelance activities have been created. Key words: remote work, freelance, remote employee, freelancer, labor guarantees, labor agreement, employment guarantees, rights and obligations of employers.

Does an online professional profile violate an employer’s confidentiality?

The ECtHR’s decision in Herbai v Hungary focuses on freedom of expression. However, there is a larger issue that touches upon the overlap of employment obligations and professional engagement.

When does breach not lead to violation? A dual perspective of psychological contract in hotels in times of crisis

• The content of psychological contract in the crisis was identified from dual perspective. • A process model indicated the dynamics of psychological contract breaches in times of crisis. • Mutual consideration is the essential of psychological contract in crisis settings. • The crisis prompts hotels to invest on long-term psychological contract building. Implicit psychological contract (PC) represents the dynamic employee–employer relationship, and unlike explicit human resource (HR) practices, PC is an underexplored topic in the crisis management literature. By capturing the dual perspective of hotel employers and employees through interviews, this study investigates the content of PCs and breaches of PCs during the COVID-19 pandemic crisis. The study identifies salient dimensions of employer obligations such as safety assurance and of employee obligations such as personal protection. While employees emphasized the transactional contracts to protect their individual interests, the employers tried to balance the transactional and relational contracts. The study proposes a dynamic PC breach model that indicates contract breaches lead to varied responses through a complex interpretation process. In general, the study suggests that ensuring mutual consideration is the best way for hotel employees and employers to pull through a crisis.

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.

Obligations of Australian health services as employers during COVID-19.

The COVID-19 pandemic has brought into focus obligations for health services to protect the health and safety of their staff, arising from Occupational, Health and Safety legislation and the duty of care owed by a health service as an employer. Health workers, by nature of their work, are a particularly at-risk population in the context of COVID-19. This article examines the legal standard of care that healthcare employers owe their staff in terms of reduction of risk exposure, both physically and psychologically, to COVID-19, the obligation to provide staff with personal protective equipment, adequate hygiene, cleaning and the consequences for breaching these standards. This article also explores the right to dismiss employees who are non-compliant with their obligations. What is known about the topic? It is well known that health workers are an at-risk population for COVID-19, particularly those with direct exposure to affected patients. Since early 2020, healthcare services have faced substantial challenges in managing employee risk while complying with Occupational, Health and Safety law in Australia. What does this paper add? This paper explores the standard of care that healthcare services owe their staff in terms of reduction of risk exposure within the current Australian legal framework, as well as the rights and obligations of healthcare service employees. What are the implications for practitioners? Health services should be aware of the range of legal obligations to protect healthcare workers from the consequences of COVID-19 in order to minimise risk as much as reasonably practicable for employees. This includes ensuring access to adequate personal protective equipment, psychological support, adequate hygiene and cleaning of the physical workspace as well as the appropriate reporting of incidents and exposures.