Employment Rights Research Articles

Do financial crises moderate the influence of stakeholder rights protection on M&A activity: The influence of institutional logics and power?

AbstractResearch SummaryM&A represents a contested process of change in control influenced by two contending prevailing institutional logics: shareholder‐centered and labor‐oriented. These logics, whose respective power is influenced by national laws, shape mergers and acquisition (M&A) outcomes. Crises, like systemic financial crises, are periods during which these logics may be altered. This research examines how financial crises affect the positive (negative) relationship between the legal protection of shareholder (labor) rights and M&A activity in a country. Utilizing a dataset from financial services companies across 35 countries from 1990 to 2016, we find that financial crises significantly weaken the effects of both shareholder and labor rights on M&A transactions. Our findings emphasize the role of power dynamics amidst conflicting institutional logics in determining M&A outcomes during both crisis and non‐crisis periods.Managerial SummaryIn the world of mergers and acquisitions, the battle for control is influenced by two major opposing forces: shareholders and employees, with their power rooted in the country's laws. Countries with high protection of shareholder rights witness higher M&A activity compared to those more protective of labor rights. However, drawing from data covering financial services firms in 35 countries from 1990 to 2016, we discovered that financial crises tend to weaken the influence of both shareholder and employee rights on M&A deals. This insight highlights the importance of understanding the differences in the functioning of the M&A market across countries and the shifting power dynamics between shareholders and employees, especially in times of financial uncertainty, for those involved in planning and executing M&A strategies.

Identifying Sustainability Efforts in Company’s Reports Using Text Mining and Machine Learning

This study delves into the utilization of text mining to scrutinize social and environmental reports of companies, showcasing its effectiveness in evaluation. It explores various text mining techniques and practically applies decision tree, k-nearest neighbors, and naïve Bayes methods. The paper offers guidance on extracting pertinent terms related to four CSR dimensions: Environment, Employee, Social responsibility, and Human rights. Results demonstrate the successful differentiation of text based on these dimensions, leveraging a CSR-relevant dictionary by Pencel and Malascue. Employing document classification techniques, the study constructs four models using distinct text mining approaches for comparative analysis. Through this research, the valuable role of text mining in assessing social and environmental disclosures is underscored, providing insights into optimizing these techniques for evaluations and emphasizing their potential to enhance understanding and decision-making in corporate social responsibility assessments. Keywords: sustainability, text mining, machine learning, Corporate Social Responsibility - CSR, environmental reports

The right to transparent and predictable working conditions is one of the basic rights of employees

The right to transparent and predictable working conditions is one of the basic rights of employees

To the issue of the right of employees to disconnect: a comparative analysis

To the issue of the right of employees to disconnect: a comparative analysis

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others

Abstract On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.

Ethical Considerations in HR Decision Making: Balancing Organizational Interests with Employee Rights

Ethical Considerations in HR Decision Making: Balancing Organizational Interests with Employee Rights

Motives For Fraudulent Behavior In Islamic Bank: Hexagon Model Of Perspective Fraud

This research explores the motives for fraudulent behaviour using the fraud hexagon model approach in Islamic Bank X, city Y. This research is qualitative research with primary data sources. Data collection was carried out through unstructured interviews and then deepened through observation. The informants for this research consisted of 7 people who had worked and were currently working in several parts of Islamic Bank X, city Y. This research used qualitative data analysis techniques with three stages in the form of data reduction, data presentation and conclusion. This research reveals the motives for fraudulent behaviour at Islamic Bank X in City Y from the perceptive fraud hexagon model. Fraudulent behaviour is based on the perpetrator's intention and is driven by motives in the form of pressure, rationalization, opportunity, ability, arrogance and collusion. Companies can use the results of this research to consider strategies and policies for controlling risks against fraud. The results of this research can also be helpful for Islamic Banks regarding the suitability of a person's position. Sharia banks must develop their human resources well so that there is a balance between employee rights and obligations.

ECONOMIC RIGHTS OF WOMEN UNDER SOKOTO CALIPHATE: A LESSON FOR CONTEMPORARY WOMEN IN NIGERIA

This paper economic rights of women under the Sokoto Caliphate, a lesson for women of contemporary Nigeria, discusses the various economic activities which women engaged themselves in Sokoto without interference from the men. Rights of women have occupied prominent place in the scheme of Islamic affairs from the inception of Islamic message. It is no longer a history to state that the Prophet (S.A.W) upgraded the status of women from what is used to be and made them equal with the male gender throughout the period of his Prophet hood. Part of the rights accorded women in the early days of Islam includes economic right. This paper highlight some of the entrepreneurship which women engaged in and also challenges which they face in the caliphate before now. It also discussed are the rights enjoy by Muslim women in Sokoto. Adequate attention is devoted to the proprietary and the employment rights of women in Sokoto as well as other such challenges effecting enjoyment of rights accorded Muslim, women in Islam to cater for their economic well-being. The paper is structured into major parts starting with proprietary right of women in Islam contemporary to the economic rights of women in Nigeria. As a lesson and challenges to the cotemporary women in Nigeria. The study adopted qualitative research method where secondary sources of data were utilised and analysis as its methods of analysis.

"We are no Luddites!" - CSCW, Co-Determination and Digital Transformation in Germany

HCI and CSCW have a long-standing interest in the consequences of digital transformation for work practices. A key part of this is its impact on labour relations. While prior HCI studies have examined labour relations in domains such as platform work, few have looked at industrial settings. This paper presents an ethnographic study of works councils in Small and Medium-sized Enterprises (SMEs) in Germany. Works councils exemplify the principle of Co-Determination, which is the right of employees to participate in the design and management of their workplace and play a vital role in vetting new technologies whenever they imply changes in work practices. A number of issues confront works councils when they attempt to accomplish this, namely a lack of time, knowledge, and external support. We discuss these issues and consider their implications for both design and the constitution of workplace democracy in future industrial settings.

Problems of Development of Social Partnership in the Field of Labor and Protection of Labor Rights of Employees

Problems of Development of Social Partnership in the Field of Labor and Protection of Labor Rights of Employees

Characteristics of legislation in the field of health protection

The article examines the essence of administrative and legal regulation in the field of health care through the prism of the systematization of administrative legislation in the specified field. The legal regulation of public administration is defined as a purposeful activity of state authorities regulated by laws and other normative acts, which is aimed at consolidating, organizing and protecting social relations in the specified sphere, which is carried out with the aim of preserving and strengthening health, protecting the rights of patients and medical employees. Attention is focused on determining the role and importance of such types of systematization as incorporation, consolidation, codification, adaptation and their application in the field of health care.
 It was determined that the codification of administrative legislation in the field of health care is the most advanced form of systematization, which is directly related to the change in the form and content of the current legislation by its revision, elimination of conflicts, gaps, obsolescence and multiplicity of legal norms. Special attention is paid to adaptation, as a fundamental component of the European integration course of Ukraine, which consists in the phased adoption and implementation of laws and subordinate normative legal acts of Ukraine, developed considering the European Union legislation, as well as in making appropriate changes to the current legal acts of Ukraine.
 Analysis was conducted and the reasons that complicate the classification of legislation in the field of health care were determined, with the complexity of legal regulation being the main one. The classification of health care legislation according to the principle of hierarchy, subject and scope of legal regulation, as well as by the number of persons is proposed.
 The necessity of supplementing the current Code of Administrative Offences with the section “Offences in the Sphere of Health Care” is substantiated, which will establish responsibility for administrative offences in the sphere of health care, as well as strengthen administrative responsibility for their commission. The specified changes will ensure regulation of relations in the field of medical services, protection of the rights of doctors and patients, and as a result will improve the quality of medical assistance to the population.

Some Reflections on the Regulatory Constraints to Labour Malpractices in Cameroon

The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be desired. This has necessitated the suggestion of some policy recommendations for the way forward. In this regard, in order to attain an effective regulatory, institutional and policy framework which guarantees the protection of workers against any form of labour malpractices in the private sector, we recommends a review of the 1992 Labour Code to better handle any form of labour malpractices affecting private sector employment in today’s era and the Labour Inspectorate being the central state institution charged with the enforcement of employment rights should not only be found seating at the regional and divisional headquarters, they should equally be established in each sub-division in other to take justice nearer to workers who are mostly employed by employers of unskilled labour in the country.

Impact of Burnout on Anaesthesiologists.

Professional burnout syndrome (PBS) is an issue affecting individuals and organizations alike, characterized by emotional exhaustion and reduced effectiveness resulting from overwhelming work demands. Root causes include excessive workload, unrealistic expectations, and blurred work-life boundaries, which are often intensified by organizational culture and inadequate support systems. The consequences range from decreased productivity and creativity to high turnover rates and financial strain on organizations. Mitigating PBS requires a comprehensive approach that addresses both individual and organizational levels. Individually, stress management techniques and self-care practices are crucial for building resilience and coping with work-related stressors. Organizations play a vital role in promoting employee well-being by fostering a supportive work environment, promoting work-life balance and providing access to support systems such as counseling and mentorship programs. Leadership is key in creating a culture that values employee health and prioritizes open communication and empathy. Policy interventions can further support efforts to combat PBS by enforcing labor laws that protect employee rights, such as setting limits on working hours and ensuring access to mental health services. Additionally, incentivise organizations to prioritize employee well-being through tax incentives or certification programs can encourage proactive measures against burnout. The aim of this review is to provide a comprehensive exploration of PBS, examining its causes, consequences, and potential mitigation strategies in individuals and organizations, with a focus on anaesthesiology.

User Centered Design in Analysis and Design of UI UX in the Simpeg Application of Dharmais Cancer Hospital

Dharmais Cancer Hospital as a health service facility that is experienced in its field, of course, has human resources which are important, so to support employee performance in terms of employee rights such as employee leave, media is needed that really supports employee needs. Through the employee support system, namely the Employee Information System (SIMPEG) application, several problems were found in terms of appearance and the proposal process as well as the leave recapitulation process which did not exist in the previous SIMPEG application. From the problems found in the Personnel Information System (SIMPEG), a User Centered Design (UCD) method is offered which places the Personnel Information System (SIMPEG) users as the main consideration for building a new system. In the design process there are three steps that are carried out starting from the initial stage, the development stage and the final stage, where at the initial stage testing is carried out using a questionnaire, the average result is 53 which means OK but still low or not good, after the development of the system is carried out and the distribution of questionnaires was carried out again, the results were 71, which means Good. With the design of a Personnel Information System (SIMPEG) using the User Centered Design (UCD) method, it produces a new User Interface (UI) and User Experience (UX) design for the Personnel Information System (SIMPEG), which consists of a forgot password menu feature, leave recap and display easier to use for employees.

PROCEDURE FOR CONSIDERATION OF INDIVIDUAL LABOR DISPUTES

With the entry into force of the new Labor Code of the Republic of Kazakhstan, adopted in 2015, there have been significant changes in labor relations in the procedure for resolving and considering individual labor disputes. Any labor dispute between the parties is considered in two ways: pre-trial and judicial. Regulation of the procedure for consideration of individual labor disputes in the Republic of Kazakhstan is carried out on the basis of relevant legislative acts and orders. Currently, pretrial settlement of labor disputes is increasingly practiced. The desire to resolve disputes out of court is now becoming a «global trend» and is an indicator of the professionalism of the judiciary. Individual labor disputes are an integral part of any labor activity that arises in connection with any contradictions between the employee and the employer. Individual labor disputes arise within the framework of labor relations between an employee and an employer, for example, they are reflected in such aspects of labor activity as wages, working conditions, illegal dismissal, violation of employee rights, etc. Labor disputes are classified according to the subjective composition of the parties, depending on the nature and departmental subordination of the dispute. Every citizen of the Republic of Kazakhstan has the right to protect their labor rights and legitimate interests. The only way to pre-trial settlement of labor disputes is the procedure for resolving in a team by a conciliation commission. However, if the dispute is not resolved within the framework of the conciliation commission, the employee may apply to the court with a claim to protect his labor rights and interests.

Prospects for Development of Forensic Methods for Investigation of Criminal Offenses Related to Raiding

Formation and development of economic security of the State requires taking effective measures to counteract and minimize negative impact of criminal offenses that encroach on economic and social relations, legal activities of economic entities, rights of public administration employees, etc. Among the latter, those that demonstrate signs of raiding deserve close attention, i.e., related to the illegal takeover and seizure of property, assets of enterprises, institutions, organizations, corporate rights to them and other resources, encroachment on the rights of owners or authorized persons of entities management of various forms of ownership, etc. In this regard, the article purpose is defined as outlining prospects for construction of forensic methods of investigation of criminal offenses in which signs of raiding can be detected. In order to achieve the specified goal, a complex of general scientific, philosophical and special research methods was applied. According to performed research results, it was determined that in modern sense, a separate forensic investigation method (in a broad sense) should be understood as an integrated product of scientific knowledge in the field of law, formed on the basis of a generalization of investigative and judicial practice, which in its essence is a set of forensic recommendations, proven tactics methods of conducting investigative (search) and covert investigative (search) actions, methods and techniques of optimal and effective use of forensic techniques during pre-trial investigation developed in accordance with procedural requirements in order to optimize the model of conducting pre-trial investigation of a separate criminal offense, their groups, etc. Based on the generalization of certain elements of the criminal law and forensic characteristics of criminal offenses related to raiding, varieties of individual forensic methods of investigation have been determined, including interspecies, special, subspecies, species, etc.

Powerful tool or too powerful? Early public discourse about ChatGPT across 4 million tweets.

This paper investigates initial exuberance and emotions surrounding ChatGPT's first three months of launch (1 December 2022-1 March 2023). The impetus for studying active discussions surrounding its implications, fears, and opinions is motivated by its nascent popularity and potential to disrupt existing professions; compounded by its significance as a crucial inflexion point in history. Capturing the public zeitgeist on new innovations-much like the advent of the printing press, radio, newspapers, or the internet-provides a retrospective overview of public sentiments, common themes, and issues. Since launch, few big data studies delved into initial public discourse surrounding the chatbot. This report firstly identifies highest-engagement issues and themes that generated the most interaction; secondly, identifies the highest-engaged keywords on both sides of the sentiment valence scale (positive and negative) associated with ChatGPT. We interrogate a large twitter corpus (n = 4,251,662) of all publicly available English-language tweets containing the ChatGPT keyword. Our first research aim utilizes a prominent peaks model (upper-quartile significance threshold of prominence>20,000). Our second research aim utilized sentiment analysis to identify, week-on-week, highest-frequency negative, and positive keywords and emojis. Six prominent peaks were identified with the following themes: 'hype and hesitance', 'utility and misuse in professional and academic settings', 'demographic bias', 'philosophical thought experiments on morality' and 'artificial intelligence as a mirror of human knowledge'. Of high-frequency valence, negativity included credibility concerns, implicit bias, environmental ethics, employment rights of data annotators and programmers, the ethicality of neural network datasets. Positivity included excitement over application, especially in coding, as a creative tool, education, and personal productivity. Overall, sentiments and themes were double-edged, expressing excitement over this powerful new tool and wariness toward its potential for misuse.

Надомна робота і дистанційна робота: методологічний аспект розмежування понять нетрадиційних форм організації праці

The article aims to characterize home and distance work and establish the distinction between these concepts, considering the methodological aspect. The author notes that the pandemic of the coronavirus disease (COVID-19), which swept the world in 2020, as well as the full-scale armed aggression against Ukraine on February 24, 2022— acted as a catalyst for legislation on non-standard forms of employment because the usual form of employment with the performance of work at the employer’s location began to threaten the employee’s life and health. The genesis of the legal regulation of home and remote work is considered, emphasizing that, in essence, the legislator initially reduced two concepts to a synonymous understanding. The legal constructions of home and remote work are analyzed by establishing their features. It was concluded that homework and remote work are different legal phenomena and different forms of labor organization, the demand for which has increased many times over the last five years. The main conceptual difference between these forms of work organization is that home work is characterized by what is performed by the employee at his place of residence or in other premises defined by him, which are characterized by the presence of a fixed zone. Here, there is no possibility of performing work on the employer’s territory or premises. Remote work involves the performance of work by an employee outside the workplace or territory of the employer, in any place of the employee’s choice, without a fixed area for the performance of work by the employee. Attention is focused on the different legal nature and essential features of these forms of labor organization. It is substantiated that the clear distinction between the concepts of home and remote work, which is finally contained in the Labor Code of Ukraine, generally corresponds to the methodology of the science of labor law, considers the achievements of scientists in the field of labor law and the different nature of these concepts. That is, the current codified act on labor contains ordered definitions and does not differ in legal equilibrium. It is also summarized that the current definitions of home and remote work no longer allow for confusion in these categories and, therefore, reduce the risk of violation of the labor rights of employees, providing a legal basis for exercising their right to work in less dangerous conditions, which are typical for work at an employer’s company, when the entire workforce is gathering. Keywords: right to work, labor relations, legal regulation, employment contract, employee, employer, labor rights, employment, home work, remote work, remote worker.

DEMANDS FOR WORKER'S RIGHTS: A TREATY LAW PERSPECTIVE

<p>Demands for workers' rights are an important issue in the world of work. A contract law perspective is one approach to considering employee rights claims. This research aims to analyze employee rights claims in terms of contract law. Collective agreements are the basis for regulating the relationship between workers and employers. Employee rights are regulated and protected by company agreements. Workers' rights demands cover various aspects, such as fulfilling salaries, benefits, reasonable working hours, safety and health guarantees, adequate leave, protection against discrimination, and guaranteed legal protection. From a contract law perspective, it is important to understand the elements contained in an employment contract, such as the principles of the contract, the conditions that must be fulfilled, as well as the rights and obligations of each party. In addition, applicable laws and regulations must also be considered when resolving disputes between workers and employers. This research method can be used in qualitative normative legal research with secondary data. The results of this research are expected to provide a better understanding of workers' rights and the legal protection available in employment contracts. In short, it emphasizes workers' rights in the world of work. This is an important matter and can be seen from the perspective of contract law. Employment contracts are an important means of protecting workers' rights. However, it is also important to continue to monitor legal developments and improve<br />existing regulations to better protect workers' rights.</p><p>Keywords: Worker’s rights, contract law, employee rights, legal protection,</p>