Trade Secrets and Information Sharing

If trade secrets are weakly protected by law, firms risk losing their valuable information when employees are hired by competitors. It may therefore be optimal to limit the number of employees who share the trade secrets even if it reduces the firm's productive efficiency. The benefits of limited information sharing are greatest if the efficiency cost is low and the competition in the market is neither very tough nor very weak. It is shown that it is more profitable to reduce the information sharing by giving the employees different information than by giving some employees more information than others.     

Why do firms train apprentices? The net cost puzzle reconsidered

This paper analyses the impact of increasing the share of apprentices at the cost of the share of unskilled or semi-skilled employees on establishment performance. We use representative matched employer–employee panel data and correct for estimation biases. We show that an increase of the apprentice share in trade, commercial, craft or construction occupations has a positive impact on establishment performance. Establishments that increase the apprentice share in manufacturing occupations face a negative impact on performance, however. These results shed a new light on the stylised fact that apprenticeship training always leads to net costs during the apprenticeship period in Germany: we argue that establishments only hire apprentices at a cost if their skills are relatively specific, their retention rate is high and skilled employees are hard to hire.     

Consequences Of The Psychological Contract For The Employment Relationship: A Large Scale Survey*

The renewed interest in the concept of the psychological contract has come to the fore in attempts to describe, understand and predict the consequences of changes occurring in the employment relationship. Recognizing that the employment relationship includes two parties to the exchange process, we set out to examine the content and state of the psychological contract from both the employee and employer perspective. The two perspectives permit an examination of the mutuality of obligations, which has not received much empirical attention to date. The research methodology consists of two surveys conducted in a large local authority directly responsible and accountable for a range of public services including education, environmental health and social care to the local population. The key findings suggest that the majority of employees have experienced contract breach. This view is also supported by managers, as representatives of the employer, who further indicate that the organization, given its external pressures, is not fulfilling its obligations to employees to the extent that it could. Overall, the results indicate that employees are redressing the balance in the relationship through reducing their commitment and their willingness to engage in organizational citizenship behaviour when they perceive their employer as not having fulfilled its part in the exchange process.     

Inducements,contributions, and fulfillment in new employee psychological contracts

This longitudinal study of newly hired Chinese college graduates (N = 143) investigates the effects of contract fulfillment, employee reports of company inducements (organizational support and job rewards), and supervisory reports of individual contributions (job performance and extra‐role citizenship behavior) upon changes in the graduates' psychological contracts. Three survey waves were administered a year apart, starting with the recruits' job offer acceptance. Analyses revealed that employee fulfillment and perceived contributions predicted particular changes in employer psychological contract obligations, whereas employer fulfillment and perceived inducements predicted changes in employee obligations. The effects of inducements on employee obligation changes and contributions on employer obligation changes were mediated by their respective fulfillment measures. Changes in obligations were greater in the first year of employment than in the second. This study yields implications for managing newcomers and researching the initial phase of employment. ©2011 Wiley Periodicals, Inc.     

防止人才流动中的商业秘密泄露

人才流动日益频繁,人才竞争日益剧烈,人才流动过程中侵犯商业秘密纠纷日益增长。文章从商业秘密的概念和构成的条件入手,介绍几种常见的方法以防止人才流动中的商业秘密泄露。做到既保护合理、正当的人才流动,又能有效地防止人才流动中商业秘密的流失,保护商业秘密不受侵犯。     

论商业秘密的保护

在现代商业竞争中,"商业秘密"因为能给经营者带来巨大竞争优势的"秘密武器"而越来越受到人们的重视。随着人才流动的日益频繁,用人单位的商业秘密保护受到了极大的挑战。数据显示:80%的商业秘密是被职工跳槽时"顺手牵羊"带走的。本文主要探讨商业秘密的界定、与竞业禁止的关系、目前相关立法的状况,并就如何避免员工跳槽时泄漏商业秘密提出了建议。     

The influence of trade union Disability Champions on employer disability policy and practice

Disability Champions are a new type of lay workplace trade union activist, whose role is to encourage employers to audit and improve disability policies and offer independent advice and guidance on disability issues to employees. Drawing on a survey of the population of Disability Champions, this article assesses Disability Champion influence on employer disability policy and practice. While the majority of Disability Champions report having had a positive impact, they report greater influence on employer willingness to conduct disability audits and to amend and improve employer equal opportunities practices with regard to disability than employer willingness to make reasonable adjustments. The analysis also identifies several factors that are likely to be important in improving Disability Champion effectiveness. Overall, the results suggest Disability Champions have the potential to enhance the ability of unions to represent disabled people and help manage disability issues within the workplace. The article makes a theoretical contribution to Disability Champion roles by further developing the ‘Activity‐Support‐Characteristic’ framework for the antecedents of new union representatives' effectiveness.     

Employee share ownership and investment concentration: which employee shareholders fail to diversify?

Using data from a survey of employees in three UK companies, the article examines concentration of savings in employer shares. It is found that a substantial minority of employees hold most of their savings in employer shares despite the risks. The article examines the distribution and determinants of portfolio concentration. It is found that portfolio concentration is more likely to be found among men, those on higher incomes, and those who are in early middle-age. Regression analysis indicates that organisational commitment and the duration of participation in the share ownership plan also affects the probability of having a concentrated portfolio. There is no clear evidence that those with substantial concentrations of employer shares take active steps to monitor their investments more closely than those with smaller shareholdings.     

Independent Collective Representation: Providing Effectiveness, Fairness, and Democracy in the Employment Relationship

Protection against arbitrary management action has always been a concern of employees. Enlightened managerialism has been one approach to addressing these concerns. This approach is compromised by the conflicts of interest that characterize the employment relationship in a market system. We argue in this paper that independent collective representation functions to protect employees while leaving the employer with sufficient freedom to manage. Trade unions, as a counter weight to the exercise of absolute managerial power, complement a pluralist democratic system. The exercise of absolute power, the absence of accountability and countervailing checks and balances, are foreign to any democratic polity. At enterprise level, trade unions manage the ongoing tensions and conflicts between democratic humanistic values and market values.     

The family and medical leave act of 1993: Employee rights and responsibilities,employer rights and responsibilities

The Family and Medical Leave Act (FMLA) was signed into law on February 5, 1993 after approximately eight years of controversial discussion in Congress. The FMLA provides up to 12 weeks of unpaid leave for eligible employees for the birth or placement for adoption or foster care of a child, to care for a child, spouse, or parent with a serious health condition, or for the employee’s own serious health condition. The Act is intended to help individuals balance their home obligations with their work obligations. This article highlights both employee rights and responsibilities afforded by the FMLA and employer rights and responsibilities under the Act.     

The Employer’s Responsibility to Maintain a Safe and Healthful Work Environment: An Historical Review of Societal Expectations and Industrial Practices

As early as 1200 A.D., it has been common English law practice for a master to protect his/her servant. Throughout time, this practice has been tested and has evolved into our modern day obligation of the employer to assure the health and safety of his or her employees. This historical analysis reviews specific events that influenced the expectation that employers are responsible for workplace safety and health beginning before the Industrial Revolution and leading up to and through the implementation of the Occupational Safety and Health Administration (OSHA) in the United States. This review is divided into three time periods covering the era of industrialization and early recognition of occupational hazards (late 1800s–1949), the era of voluntary industrial standards and controls (1950–1969), and the modern era of federal regulation (1970–present). Also outlined are the several approaches the law has taken to addressing employer responsibility shifting from fault-based injury compensation to disease-specific prevention strategies, and then to a no-fault workmen’s compensation system, and finally to a mandatory minimum-requirement national legislation. Furthermore, the growth of the occupational safety and health profession is addressed as these systems acted as drivers to promote employer responsibility, and many employers hired health and safety professionals to ensure that they were upholding their responsibility to their employees.     

传统医药企业的知识产权战略研究

传统医药的知识产权保护存在某些内在障碍。我国传统医药企业必须灵活运用专利、商标、地理标志、商业秘密等制度,及早实施综合性的知识产权战略,以有效维护自身的合法权益。     

Vying for time. Work and family

Time--there is never enough of it. There are never enough hours in the day to do everything at work and at home. Today's employees, forced to choose between work obligations and family responsibilities, often feel frazzled and guilty. Some employers recognize these conflicts and are finding ways to lighten the work/family load. They are offering a sophisticated combination of dependent-care options, flexible work hours and family-related benefits tailored to meet the needs of the employees within their specific industries. HRMagazine looks at leaders in six major industries--manufacturing, health, communications/technology, financial management, government and retail. No one can give employees that 25-hour day that everyone feels they need to juggle all their work and family obligations. But these industry leaders have provided a nurturing environment where employees can successfully balance those obligations.     

The psychological contract and the transition from office‐based to home‐based work

This article explores how the transition from office‐based to home‐based work impacts upon the psychological contracts of employees involved. Adopting a qualitative case study approach, utilising a short‐term longitudinal design, the setting is a local authority which implemented a 3‐month home‐working pilot scheme. Using the psychological contract as an analytical framework it is shown how the implementation of the changes impacts upon the psychological contracts not only in the workplace but also in the home. In both the arenas of work and the home, obligations are surfaced (and sometimes renegotiated) and boundaries are redrawn. The relationship with the employer becomes increasingly transactional, enabling participants to redefine the status of work in relation to their other priorities. Whilst homeworkers exhibit an increased commitment to the mode of work and become more productive for their employer, they also exhibit a more transactional orientation to work, threatening to leave if homeworking is withdrawn. We explore the methodological and theoretical implications of our findings drawing attention to the analytical potential of the psychological contract for generating more critical insights.     

Examining the link between flexible working arrangement bundles and employee work effort

Empirical evidence regarding the link between flexible working arrangements (FWAs) and work effort is mixed, with the literature showing that some practices are linked to more while others to less work effort. In this study, we argue that this discrepancy may be due to the existence of different types of FWA bundles with potentially distinct effects on work effort. Using Understanding Society, a British national survey, and building on theories related to social exchange, the study examines the link between employee‐centered and employer‐centered FWA bundles, and work effort. This study further tests whether these relationships differ depending on employees' family responsibilities. Based on a sample of 13,834 employees, results show that both employee‐centered and employer‐centered FWA bundles are negatively associated with work effort, and findings for the latter bundle are more pronounced. These negative associations are somewhat stronger for employees with fewer family responsibilities. We infer that employees appear to use employee‐centered FWAs for their intended purpose, that is, to balance life and job demands, while they might perceive employer‐centered FWAs as unfair, resulting in less work effort in an attempt to restore fairness.     

Procedural Fairness, Return to Work, and the Decision to Dispute in Workers' Compensation

This study investigates how injured workers evaluate the fairness of the workers' compensation claims process and how that evaluation affects the decision to formally dispute their claim. Survey and administrative data are used to test a model where individuals are hypothesized to base their overall impression of the fairness of the process based on dimensions of procedural justice criteria. They are then hypothesized to decide whether to formally dispute the claim based on a combination of procedural fairness concerns and whether or not they returned to work with the same employer. The implications of the results for structuring the workers' compensation claims process are then discussed.     

The trade union response to agency labour in Britain

The growth of agency work in recent years has posed a challenge to trade unions, which must decide if they will accept agency workers as part of their constituency and accept employment agencies as legitimate labour‐market actors. This article analyses the reaction of British unions to agency work and identifies four main responses: exclusion, replacement, regulation and engagement. It concludes with an evaluation of union policies, which stresses the need for unions to secure broad regulation of the agency labour market either through multi‐employer bargaining or employment law.     

When promises become contracts: Implied contracts and handbook provisions on job security

In this article, policy capturing was used to examine how lawyers, as experts, understand the wording in employee handbook passages that promise procedural protections for employees. Specifically, how the wording of employee handbook passages can create both legal and nonlegal obligations was examined. Forty-six lawyers were asked to make the following judgments: whether the handbook passage constituted a legal or moral obligation and the chances of the employer winning or being granted a summary judgment in a wrongful discharge suit. Five aspects of the handbook passages were examined: verb strength, specificity, contract disclaimers, legalistic jargon, and the employee's signature.     

The relationship between newcomers’ emotional labor and service performance: the moderating roles of service training and mentoring functions

Abstract

Retaining newcomers and enhancing their service performance are critical issues for the human resource management and hospitality management fields. However, newcomers have just begun to learn the organizational display rules and often encounter more emotional problems than veteran employees. Thus, how organizations help the newcomers to manage their emotions in order to deliver better service is an important issue. Based on the Job Demands-Resources (JD-R) model, this study explores the relationship between newcomers’ emotional labor and service performance, and examines whether human resource practices such as service training and mentoring functions can moderate this association. We collected data from hospitality newcomers and their supervisors from 34 hotels. A total of 244 valid paired questionnaires were collected during two different time phases. The results of hierarchical regression analysis show that newcomers’ deep acting positively relates to service performance and service training can enhance this relationship. In addition, mentoring functions also differentially moderate the relationships between the two emotional labor strategies and service performance.