《宪法》就业政策条款对劳动权的保障及其完善——兼议《宪法》劳动权的属性

我国《宪法》第42条第2款不是权利条款,而是《宪法》就业政策条款,它有着四方面的功能。我国《宪法》就业政策条款在立法、行政、司法等方面均通过一定方式实现对公民劳动权的保障,但还需要进一步完善。与就业政策密切相关的劳动权,它在《宪法》上的性质,首先是生存权与自由权的延伸,更是一种现代《宪法》下的社会权,社会权是超越公法属性与私法属性的权利。     

International work in domestic jobs: an individual explanation

Australian firms are attempting to internationalize and to become global companies. One way of staffing the forays into international business is by incorporating international work into domestic jobs. This study sought to understand the factors related to the amount of international work Australians perform in their domestic jobs. Alumni from an Australian university were surveyed, providing 1,046 full-time domestic employees working in a range of industries. Regression analysis showed that, beyond individual and organizational controls, employees performed more international work in domestic jobs when they worked in organizations at higher than at lower international levels with human resource support, worked in jobs at higher rather than at lower managerial levels and had international skills. However, there was no or little link with employees' international attitudes or family situation. As predicted, the managerial level of the job made a difference to the effects of the work environment. Working in MNCs and domestic organizations with operations abroad was related to the amount of international work in domestic jobs performed by senior managers and executives more than by lower and middle managers or subordinates and supervisors. Analysis of open-ended responses shows the major reasons Australians take up domestic international work are money, professional development and challenging content. The major reasons they would not are family commitments and disruption, in contrast to the quantitative results in which family factors are unimportant. The difference between the quantitative and qualitative results and the importance of family factors, international skills versus attitudes and human resource support are discussed.     

Woman's work: Seeking identity through occupations

Most adult women now hold full-time jobs outside the home, and the proportion is growing. While women's labor market experiences and successes have come closer to men's experiences and successes, their attachment to a labor market career, at least for married women, is not the compulsion that it is and has been for men. While many women have won the right to go off to the corporate citadel every morning, they have more often than not retained the obligation to bear most of the responsebility for the home. Ideally, postfeminist women woumen would like to be able to strike a balance between the responsibilities of the job and home. In reality, they are forced to choose between the two. Women have a right to seek identity through work as well as through parenthood-as men have always done. Those few women who insist on the right to meaningful work and the right to a family will have to push for changes in the work place as hard as they had to push to gain admittance to the jobs in the first place.     

Managing in a Nuevo Mundo: Accommodating Linguistic and Cultural Diversity Under Title VII

This article examines a legal issue that is derivative of the increasingly multicultural character of the American work force. The recent case of Garcia v. Spun Steak (1993, 1994) is illustrative of the challenge managers can face in dealing with cultural and linguistic diversity in the workplace. Over time, there have been conflicting messages in employment discrimination law as to the propriety of employer-imposed restrictions on the use of languages other than English in the workplace. However, the basic question involves the balancing of both the employer's right to manage the business and the right to self-expression in the language of one's choice in the workplace. Recommendations are made as to how each party's rights can be balanced under the law. What will be seen is that in the nuevo mundo of work found at the edge of the twenty-first century, the interests of both employers and employees may be best served by policies favoring language promotion over language restrictions.     

Managing in aNuevo Mundo: Accommodating linguistic and cultural diversity under title VII

This article examines a legal issue that is derivative of the increasingly multicultural character of the American work force. The recent case of Garcia v. Spun Steak(1993, 1994) is illustrative of the challenge managers can face in dealing with cultural and linguistic diversity in the workplace. Over time, there have been conflicting messages in employment discrimination law as to the propriety of employer-imposed restrictions on the use of languages other than English in the workplace. However, the basic question involves the balancing of both the employer’s right to manage the business and the right to self-expression in the language of one’s choice in the workplace. Recommendations are made as to how each party’s rights can be balanced under the law. What will be seen is that in the nuevo mundoof work found at the edge of the twenty-first century, the interests of both employers and employees may be best served by policies favoring language promotion over language restrictions.     

The changing job skills of female part‐time workers in Britain 1992–2006

The work situation of female part‐time workers has been a central focus of diverse interpretations of labour market disadvantage. While providing rather different accounts of why this should be the case, these share a view that part‐timers are largely confined to jobs with lower levels of skill than full‐timers. This article, drawing on nationally representative surveys, shows that the skill requirements of female part‐time jobs have improved significantly since the early 1990s relative to male full‐timers. While some sectors of part‐time work have benefited more than others, there is evidence of polarisation only with respect to part‐timers with different working hours. The overall rise in the relative skills of part‐timers poses significant issues about employer practice with respect to the wider involvement of part‐timers in the organisations for which they work.     

LABOUR MARKET REGULATION: SOME COMPARATIVE LESSONS

Labour market regulation that undermines freedom of contract leads to fewer, higher productivity jobs with employment being across a narrower range of ages. More people are excluded from the labour market, in highly regulated countries and they remain unemployed for longer. This seems to be damaging to welfare. It is possible that the extent of regulation is explained by the relative ability of those who gain from regulation (those in work) to influence the outcome of political processes to a greater extent than those who lose (the unemployed). However, the legal framework and legal traditions may also play a part.     

Back to basics in human resource theorizing: A call for greater attention to jobs

Job categories and levels are a central part of human resource management, yet research often treats jobs as “noise” rather than fundamental to theory. We review the ways in which jobs connect to human resource strategy, as well as the role of jobs in influencing the outcomes of human resource strategy. Future researchers are encouraged to take job categories and levels into account as they develop theory and design studies in the field of human resource management.     

A note on workload-dependent due date assignment rules

For many production systems, delivery performance relative to promised job due dates is a critical evaluation criterion. Delivery performance is affected by the way in which work is dispatched on the shop floor, and also by the way the job due dates are assigned to begin with. This pape shows how information regarding congestion levels on the shop floor can be used to assign due dates to arriving jobs in such a way that the mean tardiness of jobs is decreased without increasing the average length of the promised delivery lead times.Baker and Bertrand suggested a modification of the Total Work (TWK) rule for assigning job due dates which adjusts the job flow allowance according to the level of congestion in the shop. Their method gives longer flow allowances to jobs which arrive when the system is congested. Although their modified TWK rule results in lower mean tardiness in many settings, it also generally results in a higher proportion of jobs tardy.This paper presents an alternative modification of the TWK rule which, in most cases, provides mean tardiness as low as or lower than Baker and Bertrand's rule and also results in a lower proportion of jobs tardy. The alternative rule suggested here still results in higher proportion of tardy jobs than the non-workload adjusted rule in most settings, but suggestions are made for how this problem might be addressed.     

The search for success: do the unemployed find stable employment?

We use discrete time proportional hazards regressions to model the impact of previous unemployment incidence and duration on job tenure. We find that jobs that follow an unemployment spell have shorter mean duration than other jobs. Only one half of jobs that follow unemployment last for 12 months. Multivariate results suggest that an unemployment spell has a severe penalty on subsequent job tenure, and that it is unemployment incidence rather than duration which has the major impact.     

An assessment of industrial robots: Capabilities,economics, and impacts

Production managers and engineers have always tried to find better and less expensive ways of making a product. In recent years their search has led them to consider the use of robots for jobs previously thought to require more judgment and flexibility than a machine can offer. Before robots are introduced onto the factory floor, though, their capabilities and limitations should be fully understood, and an effective implementation plan devised.The purpose of this article is to examine some of the important issues underlying this growing technology and to assess its impacts. In particular, robots have a variety of virtues that go beyond simple cost savings. In many cases they relieve factory workers of tasks that are tediously repetitive or dangerous. From management's viewpoint, though, a robot is justified only when a practical application exists. The simple transfer of objects between work stations, storage facilities, and transport systems was one of the first such applications. In high volume production these “pick and place” operations must be performed accurately and consistently, making them ideal for automation.Though largely an American invention, robots have not taken their place in many domestic factories as fast as they have abroad. Many companies have been reluctant to make the initial investment, particularly when faced with a surplus of capacity and labor, and no pressure to hold down prices. Now, however, heightened competition in many industries previously thought to be secure from foreign intrusion has led to a change in attitude. The need to hold on to existing markets, and in some cases even catch up, has inspired many doubters to take a second look. Not surprisingly, this has brought forth charges that some employers, lacking in social conscience, are substituting machines for people and adding to the nation's jobless roles. The issue has been on the table in labor-management disputes for decades with the machines generally winning out. To a large extent, the residue of unemployment that remains in the economy even in the best of times reflects the effect of change and the problems of adjusting to it. To date there is no evidence that an accelerated introduction of robotics will cause any noticeable disruption in the labor force. Although there may be isolated instances of dislocation, a management sensitive to the concerns of its workers should be able to make the transition smoothly, perhaps allowing excess personnel to shrink through attrition rather than layoff while retraining as many as possible.If we trace the history of programmable devices, we see that most of the early mechanisms were developed by the machine-tool industry. By today's standards, this equipment was slow, heavy, and precise, and was driven by very simple algorithms stored on paper or magnetic tape. Virtually no on-line decision-making capability existed and only fixed, repetitive motions were possible. Still, being programmable automation, these machines could be considered the first robots. As microelectronics became more refined, the repertoire of robot manipulators was extended to include more complex tasks. For example, acts requiring considerable on-line processing such as the creation of straight line motion and the initiation of movement in response to sensed input are now straightforward to implement.To understand better what distinguishes robots from their machine tool predecessors, an examination of their basic features is needed. All robots are composed of three interdependent components: manipulators, a power supply, and a controller. The manipulator is the mechanical structure consisting of linkages and joints that provide motion along different axes. Each separate axis is called a “degree of freedom.” The manipulator, or “arm,” usually has three degrees of freedom while an attachment to the arm, called the “end effector” or “hand,” can furnish an additional three. Still, a seventh degree of freedom can be attained by placing the entire robot on a traversing x-y plane.The power supply is the muscle of the machine. Hydraulic systems comprising an electrical pump, filter, reservoir, and heat exchanger are the most popular because of their reliability and physical efficiency. Pneumatic systems, on the other hand, are typically found on light-weight capacity robots and have the advantage that the air supply needed to drive them is often present in the factory at no additional cost. The third component of any robot is the controller, which may range in sophistication from simple air-logic values to complex micro- and minicomputers. The former are only appropriate for jobs requiring a limited sequence of operations while the latter are capable of sorting and executing thousands of steps. A microcomputer can process feedback pulses and decide which of many actions is called for.The ability to respond to a changing environment is what makes a robot superior to an automated machine. There are three senses used in feedback control: touch, hearing, and vision, with the first being the most common. Depending on the situation, touch determines how much pressure to apply or where to position the arm. The use of hearing to modify operations has received some attention, but mainly in a laboratory setting. Major commercial applications should come in the next five years in the form of voice instructions and system monitoring. Vision is the most advanced sense and is accomplished by processing an array of black and white dots from armmounted television cameras. Depending on the resolution of the dots and the speed at which the computer can process the arrays, the robot's vision can be stated in a four-level hierarchical system: detection, orientation, recognition, and identification. To identify an object from its surroundings, the computer has to precisely describe the object using the limits of its knowledge in conjunction with its resident database.As the technology evolves, more emphasis will be placed on an ability to perform a generic set of tasks rather than a set of broadly-based functions. The next generation of robots will include manipulators with fewer than five degrees of freedom trading off dexterity for speed and accuracy. They will typically work in units of two or more and be designed for specific types of tasks. Some will be light and fast and have large ranges of motion while others will be more like programmable fixtures. Indeed, the most successful applications of robots to date have been those in which the robot either does not contact the workpiece, as in spray painting, or grabs the workpiece to fix a reference, as in spot welding.Finally, it should be mentioned that the biggest impact that robotics is likely to have in the factory is in the area of redesign of workpieces for ease of manufacturing. Often when a part is redesigned so it can be assembled “automatically,” it also becomes much easier for humans to assemble. Study of design-for-assembly for manufacturability is an area that has traditionally been neglected and that has huge potential for increasing productivity.     

Een meer-loketten probleem met overwerk

In an office a number of employees do the same kind of work. The jobs arrive at random and the holding time is exponential; the queuediscipline is first in, first served. The mean queuelength is shortened by work done in overtime according to the rule that on every day on which the total number of jobs exceeds a certain number N, one or more extra hours of work will be done. The distribution of the number of jobs in the office, the mean value of this number and the probability of overtime are given. The model is illustrated with a numerical example.     

Land for the People—A Vital Need Every where: In Latin America and the Caribbean, It's Now 'a Prey to Hastening Ills,' and Decay

A bstract . Some of the author s land tenure and land use studies of the 1930s analyzed the basic dilemma of modern rural society , in which the traditional institution of private property in land (which, more than competing systems, helps to bring about the efficient use of the land), at the same time also frustrates innovation and enterprise and creates unstable social conditions. A resurvey of the situation in the same areas half a century later shows that the same fundamental problem still confronts us. Traditional agriculture should be made more productive, but land concentration in the hands of elite groups or large corporations spell bleak prospects for the small plot farmer and landless laborer. Case studies of selected Latin American countries show the political implications of how land scarcity is induced by a tiny upper crust, often supported in power by the military. Agribusiness emphasizes export crops rather than food crops for domestic consumption. The rich get richer. Many are absentee owners, living abroad. Wages are low, food prices are high. Peasants clannor unsuccessfully for land on which to grow some of their own food to help make ends meet. The Green Revolution , with its emphasis on expensive inputs, has failed to solve the problems of the small farmer. It is concluded that small farmers should be, and are being, encouraged because they are extremely efficient when their total yields are measured against input, and that only wider access to decent land or to decent jobs will give the dispossessed a chance to work their way out of extreme poverty and undernutrition.     

Freedom of association or right to organise?

Freedom to organise is a liberty fundamental to labour relations. But international experience shows that the adoption into our law of the ‘right to freedom of association’ in the European Convention on Human Rights would not necessarily strengthen a positive right to organize in trade unions.     

How Right to Work Is Destroying the American Labor Movement: From the Ku Klux Klan to the Tea Party

This essay examines recent efforts to enact right to work laws and analyzes the impact of such laws on union development. The argument is that right to work is an invidious anomaly in federal collective bargaining policy, and Section 14(b) should be eliminated from the National Labor Relations Act. Proponents of right to work legislation claim that such laws promote economic development, but the evidence for that claim is unconvincing. Alternatively, supporters of the legislation assert that it promotes individual liberties in our market economy. Opponents of right to work challenge the normative dimension of right to work as an empty ideology that cannot withstand critical scrutiny. Right to work is inimical to the economic and social interests of American workers.     

Cognitive job crafting: A possible response to increasing job insecurity and declining professional prestige

Recent research has shown that job crafting, which describes individuals' attempts to craft a job to make it correspond more to personal inclinations, skills, and abilities, can generate significant work and nonwork benefits for individuals. Using the theoretical lens of activation theory, we examined whether professionals are prompted to cognitively craft their jobs in response to the increasing perception of precarisation of their profession, measured in terms of job insecurity and perceived external prestige. We adopted a mixed methods approach among professional accountants operating in Southern Italy and the results indicated the presence of two curvilinear relationships. More specifically, we found that accountants were more likely to engage in cognitive crafting when experiencing moderate levels of job insecurity (rather than high or low) and in the presence of both low and high levels of perceived external prestige (rather than a moderate level). Implications for theory and practice are discussed.     

Cash transfers versus jobs programs

This paper uses a microsimulation computer model to compare the work incentive and distributional implications of public service employment programs and direct transfer programs. The simulation findings suggest that a pure direct transfer program would diminish poverty and inequality by somewhat more than an equal cost plan than combined direct transfers with a jobs program. Moreover, the results imply that a redistribution scheme based entirely on direct transfers is at least as effective per dollar of tax expenditure in raising incomes as a combination of direct transfers and jobs. Furthermore, the simulated job and direct transfer combinations were predicted to cause reductions in private sector earnings that are at least as large as those that would result from comparable schemes that relied solely upon direct transfers.     

AN INVESTIGATION OF THE RELATIONSHIP BETWEEN ORGANIZATIONAL STRUCTURE, MANAGERIAL ROLE EXPECTATIONS AND MANAGERS' WORK ACTIVITIES

Having demonstrated the absence in the literature of an adequate conceptual treatment or empirical examination of the substantive relationship between managerial work, managers' role expectations and forms of organizational structure, the paper reports the findings of a multimethod comparative case study of this relationship in four organizations from the hotel and retail sectors in Zimbabwe. Focusing on the differences between centralized organizations where unit operations are tightly regulated and decentralized organizations where unit operating autonomy is coupled with performance controls, the findings indicate that organizational structure impinges primarily upon the formal management division of labour, more weakly upon the role expectations surrounding unit managers and in only limited ways upon their work activities, with the effect of organizational differences co-existing with and refracted by common work characteristics and inter-industry differences. Although decentralization gave rise to unit manager jobs with more formal autonomy, broader responsibilities, greater pressure to attend to unit performance rather than monitoring work processes, and an obligation to operate in more complex networks, managers were no more free of constraints than were those in more centralized organizations and operated in similar ways, with an emphasis on day-to-day administration and routine staffing matters.     

Ignorant Theory and Knowledgeable Workers: Interrogating the Connections between Knowledge,Skills and Services

This article builds on recent critiques of the knowledge economy to argue that key growth areas in future employment will be in low level service jobs rather than knowledge work as currently understood. The article discusses the knowledge, skills and competencies involved in interactive service work. It suggests that knowledge which is contextual, social or tacit has been taken to be of lesser value in relation to competitive advantage. It highlights the contrast, therefore, between the growth in interactive service work and the focus of the knowledge management literature on a small sub‐set of total employment. Two case‐studies of interactive service work, one drawn from a range of service sectors and the other from a call‐centre setting, provide empirical material which highlights the skills required by em‐ployers in this area. Technical skills were seen as less important than aesthetic and social skills. These cases highlight the management of social skills and competencies as critical to interactive service work. Workers need to develop an understanding of themselves that allows them to consciously use their emotions and corporeality to influence the quality of the service. This leads to the conclusion that the interactive service sector should not be conflated with knowledge work. Rather, it is more important to focus on the broader need for knowledgeability in work, and so broaden understanding of labour in the contemporary workplace.     

Postcolonializing Berlin and The Fabrication of The Urban

Postcolonializing Berlin is an experiment in rethinking (Western) cities from the South. It embraces conceptual innovations from thinkers in African, Latin American and Asian urban studies to complicate the stories we tell about contemporary Berlin. My argument proceeds in four steps. I begin by asking what makes the North–South division in urban studies so problematic, and what needs to happen to shake up those categories. Then I share some of my own trials and errors in looking at Berlin‐Neukölln through the lens of ‘the South', before offering an alternative frame, which I call ‘urban fabricating', as a way of inquiring into and perceiving changing urban settings. In the final part, gambling parlours in Berlin‐Neukölln move into focus, where different forms of fabrication are at work: the regeneration officials' vision for the future of the neighbourhood, the inspectors' improvisations on the casino law, and the casino owners' ways of muddling through at the edges of the law. Rather than searching for the one new theory to shake up urban studies, fabricating is, I suggest, an unagitated approach to the actual processes through which cities are made.