劳动力派遣下雇佣关系问题的探讨

劳动力派遣作为非标准劳动关系诸多形式中的一种,最显著特征是雇用与使用相分离,结合了派遣机构的专业化与用工企业的弹性用工需求。共同雇主责任、不公平待遇以及雇佣关系不稳定成为劳动力派遣中的突出问题,应主要从如何确定共同雇主和完善用工制度两个方面来尽量确保劳动里派遣的良性发展。     

The impact of Greek labour market regulation on temporary employment – evidence from a survey in Thessaly,Greece

This paper uses an original data-set for 186 workplaces in Thessaly (central Greece), to study consequences of Greece's strict employment protection law (EPL) and national minimum wage for temporary employment. We find higher temporary work contract rates among workplaces that pay low wages close to the minimum. We also find that EPL ‘matters’, in particular, managers who prefer temporary contracts because temporary workers are less protected definitely employ more. Our findings thus support the view that a firm's HRM decisions regarding internal versus external allocation of tasks are influenced by labour regulation.     

Temporary workers: Employee rights and employer responsibilities

As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concent over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered “employees” of organizations and thereby be extended the same rights and protections as permanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker’s compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates.     

An ill-informed choice: empirical evidence of the link between employers’ part-time or temporary employment strategies and workplace performance in Canada

Many employers seek flexibility through part-time or temporary employment to achieve improved competitiveness and success. Using strategic choice theory, this study is a longitudinal examination of employers’ strategic decisions of reducing labour costs and using part-time or temporary workers on workplace performance. Workplace performance is measured through profitability, productivity and change in net operating revenue. Statistics Canada’s Workplace and Employee Survey longitudinal workplace data are used for the analysis. Results show that reducing labour costs strategy has no effect on profitability, productivity or change in net operating revenue, and using part-time or temporary workers strategy shows decreased profitability and productivity, and that there is no effect on the change in net operating revenue in Canadian workplaces studied. Based on these findings, we recommend that employers, in Canada and elsewhere, not only carefully weigh reducing labour costs and employing part-time or temporary workers strategies for workplace performance, but also reconsider such strategies and instead seek alternative means of improving workplace performance.     

Risky Businesses? Young People in Informal Self‐Employment in Sofia

This article studies how perceptions of the risks associated with informal self‐employment depend on the interplay between the institutional, structural (network) and cultural embeddedness of economic action. Informal self‐employment should create at least three types of risk. The first concerns the possible legal and social sanctions that stem from the illegal character of the entrepreneurial action. The second is related to the complete lack of social security protection among those for whom informal self‐employment is their sole employment. The third is connected with the lack of guarantees concerning contract enforcement, which may increase the probability of opportunistic behaviour by business partners and clients. On the basis of a qualitative study of young, highly educated, informally self‐employed workers in Bulgaria's capital Sofia, I argue that these risks are compensated by the specific network and cultural embeddedness of the economic action. This compensation takes the form of various types of insurance against risks. Its core is the replacement of the vacuum of institutional‐system trust with interpersonal trust. Thus, the specific constellation of institutional, network and cultural embeddedness is able to solve the problem of opportunism, as well as to create the perception that the informally self‐employed are faced with not much greater risks than registered self‐employed workers.     

Buying into the ‘good worker’ rhetoric or being as good as they need to be? The effort bargaining process of new migrant workers

A great deal of attention in the literature has focused upon employers' stereotypical perceptions of Central and Eastern European workers as ‘good workers’, and the impact such views have on hiring processes in low‐skilled employment. Drawing on multiple case studies, this paper examines the good worker rhetoric through the lens of the effort bargaining process and hard HRM strategies that target marginalised workers in the labour market. In particular, the extent to which migrant workers buy into the rhetoric is explored. It is argued that migrant workers do not fully buy in to the good worker rhetoric because of issues such as high levels of education and personal aspirations and importantly, issues related to employers' strategies, bullying, discrimination, and the segmentation of migrant workers in each organisation.     

Understanding supplier structural embeddedness: A social network perspective

Despite a significant amount of attention, the potential of supplier structural embeddedness (i.e., the value of the structural position in an extended network) to improve the performance of a buying firm remains poorly understood. This study drew on the social network theory to empirically examine a conceptual framework specifying a relationship between the efforts of a buying firm to understand supplier structural configuration and operational and financial performance. This study also examines how the comprehension of structural embeddedness is transformed into performance for a buying firm through relational embeddedness (i.e., the strength of a dyadic relationship). Survey data collected from companies in the U.S. were analyzed using hierarchical regression analysis. The results indicate that the understanding of the structural dimension does help to enhance operational performance of a buying firm, but it does not lead to better financial performance. Empirical evidence shows that a buying firm does improve the quality of a dyadic relationship between the buying firm and a supplier by understanding how the supplier is connected to other firms and what positional values are produced. Further, relational embeddedness is found to mediate the influence of the enhanced understanding of the structural configuration on operational performance.     

Unhappy with well-being research in the temporary work context: mapping review and research agenda

Abstract

While temporary workers’ specific employment circumstances strongly suggest negative consequences for their well-being, research on temporary workers’ well-being shows serious inconsistencies. To identify possible reasons, we provide an overview of previous well-being research in the temporary work context. The mapping review shows that inconsistencies are caused both by the use of the umbrella term temporary work to describe a wider range of employment forms with divergent characteristics and the use of the buzzword well-being for various well-being indicators. In addition, the portfolio of employment-specific antecedents used is insufficient to gain a comprehensive view of temporary workers’ well-being situation. Based on these findings, we propose an agenda for future well-being research in the temporary work context. A first key implication is that analyses considering country-specific circumstances and employment-specific characteristics of particular atypical employment situations are needed. Secondly, a more comprehensive portfolio of employment-specific and individual antecedents would help with gaining deeper insights into temporary workers’ well-being situation. In addition, effects of well-being on attitudinal and behavioral outcomes should be analyzed to demonstrate the return on investment of organizations’ well-being enhancing activities. Finally, well-being oriented HR practices and their implementation in the temporary work context are part of the proposed research agenda.     

Are some sectors more “youth friendly” than others? Employment regimes,sectors, and gender disparities in the Great Recession

Despite national differences in youth employment, many countries share striking similarities in the uneven sectoral distribution of job opportunities for young women and men in Europe. A shift‐share analysis of European Labour Force data identifies “youth‐friendly” sectors, how this varies between countries, and how this changed during the Great Recession. This reveals how youth job opportunities were lost because the sector shrank or because employers were less likely to offer full‐time, permanent contracts. New jobs for youth were more likely to be in part‐time and temporary employment. Youth vulnerability to unemployment is contingent not only on employers' engagement with institutions shaping school‐to‐work transitions but also on gender segregation and to the fact that some sectors have been particularly fragile during the economic crisis. Future research needs to link institutional effects with employers' business strategies to understand how these shape job opportunities for young women and men.