Human rights in industrial relations – the Israeli approach

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting 'protective laws' that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented.     

The cross-Atlantic tussle over financial data and privacy rights

Banking is an international business; both information and capital flow relatively unimpeded across international borders. Banking institutions’ information stores have increased dramatically with the spread of computers, and these institutions protect data inside their firewalls from outside eyes, and from disaster, through establishing multiple secure data repositories. However, access to banks’ databases is increasingly sought by governments and governance institutions, and restrictions are tightening on moving data across borders. Probably the most prominent example of both trends involves European Union–domiciled cross-border banking business. A key legal reason for resulting issues hinges on differing views of privacy rights: the European Union enshrines privacy as a human right, while the United States empowers rights of free speech over privacy. These differing approaches to privacy rights have caused a cross-Atlantic conflict for global banks. Caught between competing, conflicting regulations, banks’ capacity to move information and to comply with governments’ demands for it have become restricted. This restriction is happening as governments seek increased access to banks’ information for purposes of financial information statecraft—the notion that countries can influence other governments’ policies and actions through data.     

浅议电子商务时代隐私权的法律保护

电子商务的发展日新月异,但因为种种原因致使越来越多网络用户的个人信息被窃取、泄露、传播,个人生活安宁被扰乱,隐私权遭受侵害。就我国目前的立法情况来看,保护隐私权采取的是间接方式,保护力度很弱,保护范围很窄,与电子商务时代个人隐私权遭到频繁侵害的现状显得极不协调,受害人很难依据现行法律法规维护合法权益。本文通过剖析我国现行法律对隐私权保护的缺陷,提出从法律层面完善电子商务环境下隐私权保护制度的基本思路,以更好地促进电子商务行业的蓬勃发展。     

Privacy lost: Appropriating surveillance technology in China’s fight against COVID-19

China’s unprecedented measures to mobilize its diverse surveillance apparatus played a key part in the country’s successful containment of the ongoing coronavirus pandemic. Critics worldwide believe these invasive technologies, in the hands of an authoritarian regime, could trample the right to privacy and curb fundamental civil and human rights. However, there is little domestic public resistance in China about technology-related privacy risks during the pandemic. Drawing on academic research and a semantic network analysis of media frames, we explore the contextual political and cultural belief systems that determine public support for authorities’ ever-expanding access to personal data. We interrogate the longer-term trajectories—including the guardian model of governance, sociotechnical imagination of technology, and communitarian values—by which the understanding of technology and privacy in times of crisis has been shaped. China’s actions shed light on the general acceptance of the handover of personal data for anti-epidemic purposes in East Asian societies like South Korea and Singapore.     

A study of individuals' ethical beliefs and perceptions of electronic mail privacy

While electronic mail has enjoyed rapid growth in the workplace, many companies have failed to establish clear expectations among employees about their e-mail privacy rights. This has resulted in controversy and even lawsuits against employers where employees later learned that management personnel monitored or read their electronic communications. It has been speculated that most employees underestimate the legal right of their employer to engage in e-mail monitoring activities. However, this issue has been virtually unexplored from a research perspective. Consequently, the purpose of this study is to assess individuals' ethical beliefs and perceptions about electronic mail privacy. This study of more than 200 e-mail users reveals that there is significant resistance to e-mail monitoring, and that many individuals have a relatively poor understanding of their e-mail privacy rights. The results also suggest that companies need to develop and communicate a policy to employees that addresses this issue. Finally, this study suggests several possibilities for further research. Building a greater body of knowledge of this domain should assist business leaders and lawmakers as they work to formulate an effective response to this workplace challenge that will equitably balance the rights of employees and employers.James J. Cappel is a Doctoral candidate and Teaching Fellow in Business Computer Information Systems. He has published six articles in refereed journals in the United States and Great Britain, including a recent article in theJournal of Systems Management. His research interests include human-computer interaction and legal and ethical issues in information systems.     

“Going global” and FDI inflows in China: “One Belt & One Road” initiative as a quasi‐natural experiment

This paper investigates the impact of “One Belt & One Road” as an exogenous policy shock on the utilisation of foreign capital in China in the short term. Based on provincial panel data for the years 2003–15, the empirical study is conducted with difference‐in‐differences design. The first difference is whether a province is an OBOR province, and the second is whether “One Belt & One Road” initiative has been proposed. The empirical results suggest the utilisation of foreign capital in OBOR provinces has decreased significantly compared to non‐OBOR provinces after the initiative has been proposed. The study has further shown that the OBOR construction not only means factor movements and projects but also stands for policy shock. Its impact on utilisation of foreign capital cannot be simply captured by the commonly quantifiable “going global” indicators, namely outward direct investment, overseas contracted projects or overseas labour services. The negative impact of the initiative on foreign capital utilisation is strongly reflected in the OBOR provinces with low levels of economic development, heavy fiscal burdens and high proportions of state‐owned economy. In the short term, the negative impact of the initiative on foreign capital utilisation may be due to its role in resource competition and signal delivering. The former means that the OBOR initiative may induce resource competition between “going global” and “bringing in,” and the latter suggests that this initiative is likely to be regarded as a “signal” by foreign investors that “going global,” not “bringing in,” has become the priority of the government.     

Trust,but Verify: MD&;A Language and the Role of Trust in Corporate Culture

Recent scholarship in philosophy, law, and information systems suggests that respecting privacy entails understanding the implicit privacy norms about what, why, and to whom information is shared within specific relationships. These social contracts are important to understand if firms are to adequately manage the privacy expectations of stakeholders. This paper explores a social contract approach to developing, acknowledging, and protecting privacy norms within specific contexts. While privacy as a social contract—a mutually beneficial agreement within a community about sharing and using information—has been introduced theoretically and empirically, the full impact on firms of an alternative framework to respecting the privacy expectations of stakeholders has not been examined. The goal of this paper is to examine how privacy norms develop through social contract’s narrative, to redescribe privacy violations given the social contract approach, and to critically examine the role of business as a contractor in developing privacy norms. A social contract narrative dealing specifically with issues of privacy is an important next step in exploring a social contract approach to privacy. Here, the narrative is used to explain to analyze the dynamic process of privacy norm generation within particular communities. Based on this narrative, individuals within a given community discriminately share information with a particular set of obligations in mind as to who has access to the information and how it will be used. Rather than giving away privacy, individuals discriminately share information within a particular community and with norms governing the use of their information. Similar to contractual business ethics’ impact on global commerce in explaining how and why norms vary across global contexts, the social contract approach to privacy explains how and why norms vary across communities of actors. Focusing on agreements around privacy expectations shifts the responsibility of firms from adequate notification to the responsibility of firms as contractors to maintain a mutually beneficial and sustainable solution.     

广场舞纠纷的依法治理

广场舞引发的纠纷日益增多,特别是广场舞带来的噪音问题广受非议。广场舞纠纷,既是社会问题,也是法律在实施过程中执法难题,社会需要为中老年的健身娱乐提供场所,这是今后在城市规划、小区设计中必须要考虑的现实问题,而在这个过程中,只有对于罔顾他人权利的违法者施以行之有效的制裁,才能督促其回到法律框架之内。我国应切实有效发挥法律手段的定纷止争的作用,切实加强执法的有效性,明确权利边界,确保权利在边界内行使。这是对良好公共秩序的维护,是社会所有公民共同的权益,也是法律的尊严所在。     

论名誉权保护视野之下的公众人物

随着大众传媒的快速发展,公众人物进入了公众视野。公众人物具备较高的社会知名度和社会影响力,并具有近用媒介的权利。公众人物在名誉权等人格权方面具有特殊性,需要准确界定公众人物的内涵和外延。公众人物只包括自愿性公众人物,而不包括非自愿性公众人物。公众人物名誉权解决的是私人之间的权利冲突,而官员的名誉权涉及的是公权利。公众人物具有私法属性,而官员则是具有公法属性。在我国现行的新闻体制和机制下,对官员名誉权实现严格保护,而对公众人物名誉权则是差别保护。官员名誉权问题的解决是通过行政权力干预,而公众人物名誉权问题的解决基本是诉诸于司法程序。     

Defining privacy in employee health screening cases: Ethical ramifications concerning the employee/employer relationship

Issues of privacy and employee health screening rank as two of the most important ethical concerns organizations will face in the next five years. Despite the increasing numbers of social scientists researching personal privacy and the current focus on workplace privacy rights as one of the most dynamic areas of employment law, the concept of privacy remains relatively abstract. Understanding how the courts define privacy and use the expectation of privacy standards is paramount given the strategic importance of the law as a legal socializing agent. This article reports on two federal court decisions involving employer drug and HIV testing whose determinations relied on assumptions about the psychological dimensions of privacy. How the courts define privacy, the outcome of this definition and the ethical ramifications as it affects the employee/employer relationship are discussed.Michele Simms, as an adjunct professor of business communication and organizational behavior, has taught at the University of Michigan, Wayne State University and Oakland University schools of business in Michigan. In addition to teaching, she consults in the areas of worksite wellness, alternative dispute resolution, transition management and change.     

排污权交易下对企业激励机制的分析

在法律严明且具有良好执行力的情况下,通过法律对排污权的严格界定并对排污权进行维护,产权能够对排污企业产生良好的激励作用。而在法律不完善或缺乏执行力的情况下,在初始排污权分配和政府的监管环节中,很容易形成排污企业与政府有关部门的共同利益,从而产生寻租行为。要建立和完善排污权交易市场首先要完善相关法律,同时加强第三方监管,加强舆论监督,建立完善的信息公开机制,避免寻租行为的发生。     

Drug testing and corporate responsibility: The “ought implies can” argument

Most of the debate about drug testing in the workplace has focused on the right to privacy. Proponents of testing have had to tackle difficult questions concerning the nature, extent, and weight of the privacy rights of employees. This paper examines a different kind of argument — the claim that because corporations are responsible for harms committed by employees while under the influence of drugs, they are entitled to test for drug use. This argument has considerable intuitive appeal, because it seems, at least at first glance, to bypass the issue of privacy rights altogether. The argument turns, not on rights, but on the nature and conditions of responsibility. We may therefore call it an ought implies can argument.In spite of its initial appeal, however, the argument does not succeed in circumventing the claims of privacy rights. Even responsibility for the actions of others does not entitle us to do anything at all to control their behavior; we must look to rights, among other things, to determine what sorts of controls are morally permissible. In addition, the argument rests on unjustified assumptions about the connection between drug testing and the prevention of drug-related harm. Jennifer Moore is Assistant Professor of Philosophy at the University of Delaware. She does teaching and research in business ethics and business law and is co-editor of the anthology, Business Ethics: Readings and Cases in Corporate Morality, published by McGraw-Hill.     

Reforming the Governance of the International Monetary Fund

Democratising the governance of the IMF will significantly improve the institution's capacity to manage crises. The implementation of a democratic framework requires a reform of the Fund's ‘quota regime,’ which mediates the distribution of voting power. An optimal reform of the quota regime that reflects the increased weight of emerging economies requires matching the number of policy objectives with the number of policy instruments. Presently, there is a classic ‘assignment problem’ whereby one policy instrument (i.e., the quota regime) is aimed at achieving three objectives (i.e., member contribution obligations, access rights, and voting rights). Three different instruments need to be adopted. Member contributions should be based on member's capacity to pay; access to resources should be based on need; and voting rights should balance the rights of creditors with the principle of sovereign equality. These reforms will enhance the Fund's legitimacy and accountability as a forum for global economic policy‐making.     

论物保与人保并存纠纷中债权实现之顺位——以近五年来类案实证研究为基础

当前,物保与人保并存纠纷不断涌现，相关裁判时常冲突，引发社会关注。围绕当前物保与人保并存纠纷债权实现条款模式、关于物保与人保并存债权实现顺位之理解、债权人是否放弃物保之认定等相关问题，对近五年来最为主要的类案进行实证分析与比较研究可见，处理物保与人保并存纠纷，应当根据物保相对优先的精神，对保证人是否就放弃物保优先抗辩权重点作出判断，据此就物保与人保提供者的责任顺位作出正确裁决。     

Corporate Social Responsibility That “Pays”: A Strategic Approach to CSR for SMEs

This study adopts a strategic approach to corporate social responsibility (CSR), puts forward a model of CSR activities that enhance small and medium enterprises (SMEs) growth, and argues that by aligning CSR activities with the competitive strategy of the firm, SMEs enhance firm growth. We test this model using multinomial logistic analysis and data from a survey with 211 U.K.‐based SMEs. We find that CSR activities related to the community enhance firm growth for all SMEs, but especially for firms adopting a cost leadership strategy, and that CSR activities related to the workforce are crucial to avoid sales decline, especially for SMEs adopting a differentiation or a quality‐driven strategy. We also find that environment‐related CSR activities are not beneficial for SMEs' growth and that human rights–related CSR activities slow growth for firms adopting a differentiation or a quality‐driven strategy. Finally, we put forward managerial and policy recommendations.     

A comparative analysis of patients’ rights: an international perspective

Consumer rights are used as a framework comparing the patients’ rights of selected countries. Patients’ right documents of geographically dispersed countries, regional coalitions and international organizations were selected for analysis and comparison reflecting health and consumer policy. The content of patients’ rights policies, including populations addressed, basic consumer rights, dignity and privacy or confidentiality were analysed. The inclusion of consumer responsibilities and enforcement of patients’ rights was evaluated. Countries used comprehensive laws and charters to address patients’ rights. The consumer rights most often noted in the patients’ rights analysed were the rights to information, choice and redress. Five countries lacked inclusion of consumer responsibilities and the responsibility for enforcement. Suggestions for action on the part of family and consumer educators and scientists were offered.     

“It's MY Service,it's MY Music”: The role of psychological ownership in music streaming consumption

Music streaming services have become today's most popular way of consuming music. These services give their users access to a comprehensive music library without providing legal ownership of that music. However, recent research suggests that music streaming users still continue to experience feelings of ownership. To advance our understanding, this study investigates the role of psychological ownership in music streaming consumption. In particular, based on the theory of psychological ownership, it is analyzed how service‐ and music‐based psychological ownership emerge. The study further investigates the relationship between these two targets of ownership and whether music‐based psychological ownership is positively related to users' intention to switch from a music streaming service's free version to its paid premium version. Using structural equation modeling, the results indicate that service‐based psychological ownership, stemming from users' investment of self into the service, is positively related to music‐based psychological ownership, which is positively influenced by the sense of control over the music accessed. The results also show that music‐based psychological ownership is strongly related to users' intention to switch from free to premium, which highlights the importance of psychological ownership for providers of music streaming services, particularly those operating a feature‐limited freemium model.     

Is “getting started” an effective way for people to overcome the depletion effect?

Whereas most research on depletion focuses on its effect on the overall performance of a subsequent task requiring self‐control, we examine the effect of depletion on self‐control after performance has begun. Across different manipulations of depletion and using different measures of self‐control (e.g., overriding an automatic behavioural tendency, enduring on a physically demanding task, and making healthy consumption choices), the results of three studies show that when self‐control has been initiated, the effect of depletion has little influence on subsequent behaviour also requiring self‐control: in other words, “getting started” on a self‐control task attenuates the depletion effect. The results also show that the way in which self‐control starts—that is, whether people choose to regulate, or whether this choice is forced—appears irrelevant. This research clarifies an effective way to facilitate self‐control after depletion, while providing a better understanding of the process underlying depletion. Copyright © 2015 ASAC. Published by John Wiley & Sons, Ltd.     

论公共物品权的设定

人们消费社会产品,在法律上必然存在消费该物品的权利,否则就可能存在其他权利或权力阻止人们消费这种物品。设定公共物品权具有重要意义,天赋人权和社会契约理论、自然法思想和社会连带思想、分级财政与公共财政理论为其理论基础。公共物品权是生存权和发展权的体现,属于应有权利和社会权的范畴,具有非独占性和平等性特征,属于基本权利,但不能超越社会经济发展水平。     

Addressing privacy predicaments in the digital marketplace: A power‐relations perspective

The utilization and governance of the internet and adjacent disruptive technologies have created numerous challenges to ensuring consumer online privacy. This study employs the power–responsibility equilibrium theory to explore emerging online privacy issues in the data‐driven marketplace. This exploratory study, based on semi‐structured interviews, explains why online shopping consumers are increasingly worried about their privacy and why they behave in a manner that could be detrimental to the consumer–vendor relationship. The findings suggest that deficiencies of corporate privacy responsibility and regulatory protection have deprived consumers of privacy empowerment. These deficiencies have also accentuated perceived privacy contract violations to trigger privacy concerns and subsequent defensive responses. We identify enhancement of consumer privacy empowerment and assuagement of privacy contract violations as two separate mechanisms of addressing online privacy issues. We also highlight the importance of addressing power and responsibility dynamics for maintaining a healthy information‐exchange environment.