贯彻落实劳动合同法 保障派遣工合法权益

劳务派遣是近年我国人才市场根据市场需求而引进开发的新的人才服务项目,是一种跨地区、跨行业的新用人方式。一方面它可以降低企业用工成本,缓解一定的就业压力,但另一方面,使劳动者的权益难以得到保障。本文依据现行法律规定,结合企业实际,分析贯彻落实劳动合同法,切实保障派遣员工的合法权益。     

建立劳动争议全程调解机制的有效途径探析

由于我国目前正处于全面深化改革的阶段,在企业及组织的发展过程中往往需要对自身组织机构及人力资源运行模式进行相应的深化改革。在改革过程中,员工的个人利益与企业的发展目标存在冲突,进而造成一定程度的劳动争议。劳动争议如果得不到较为优质的解决,将引发较为严重的劳动争议事件,进而对社会的安定和谐带来一定的负面影响。     

The psychological contract in Chinese-African informal labor relations

This qualitative study analyzes Chinese-Ghanaian employment in trade as an example of South-South cross-cultural labor relations. Based on ethnographic fieldwork, employment practices and labor conflicts are discussed with regard to psychological contract and equity. The analysis is guided by a process model of psychological contract that has been adjusted and extended in consideration of the dimensions of foreignness and cross-cultural communication. After briefly introducing the situation in Ghana we elaborate that under conditions of foreignness, employment relations are conflict prone because of contradictory equity expectations of employers and employees. We discuss how Ghanaian employees perceiving their psychological contract as violated attempt to restore equity by means of voice, silence, retreat or destruction and often fail due to lack of mutual cultural understanding between employers and employees. We conclude that exit in contrast to expectations is a viable option for employers rather than employees, but most employment relations, though defective, are perpetuated.     

Competence development on the shop floor and industrial upgrading: case studies of auto makers in China

Industrial upgrading in China is rapidly increasing the competence requirements for employees on the shop floor. The institutional environment in China, however, does not seem very supportive: the quality of vocational education is often low and Chinese labor law provides strong incentives for companies to use temporary labor. This paper examines the competence development practices for blue-collar workers in automobile companies in China. Against expectations, automobile companies in China do not pursue ‘low road’ strategies but have designed intensive internal training programs and long-term career paths for blue-collar workers. Different theoretical explanations for the competence development approaches are discussed: human capital theory, high-commitment work systems theory, production systems theories, industrial relations and institutionalist theories. The paper is based on qualitative case studies of German, Japanese and domestic automobile manufacturers in China.     

企业员工流动的讨价还价模型研究

目前,针对于企业员工的流动行为争议比较多,主要的观点是认为企业员工的流动会给雇主造成损失,违反了契约合意,所以应该加以限制。本文的分析表明,流动行为是企业员工在劳动力市场上的理性选择行为,是受到多种因素影响下的权衡过程。企业员工的流动行为能促进劳动力市场的效率,增强人职匹配质量,是一种互惠行为。所以,促进由市场机制自行调节的企业员工流动,对于整个社会及企业员工本身都是有利的。     

Beyond banning the box: A conceptual model of the stigmatization of ex-offenders in the workplace

Ex-offenders comprise a significant percentage of the labor force but frequently face stigmatization at work. Previous research on the ex-offender stigma has focused almost exclusively on its deleterious implications during the selection process. We seek to provide insight by adopting a cross-disciplinary approach and drawing from theoretical foundations in social psychology to present a model of the process and outcomes of the stigmatization of ex-offenders in organizations. In doing so, we outline the relationships between stigmatization, labeling, stereotyping, and treatment discrimination in the employee-observer relationship, to suggest how stigma leads to employee outcomes such as reduced performance and satisfaction as well as higher turnover. Further, we offer critical boundary conditions along each step of the process and discuss strategies that ex-offenders can use to manage their stigma as well as organizational practices that may help employers and managers avoid negative outcomes for ex-offender employees.     

Who is an Employer in the Triangular Employment Relationship? Sorting Through the Definitional Confusion

Employers in the United States are increasingly utilizing staffing firms, employee leasing firms, temporary employment agencies and other third parties to help manage contingent labor in their organizations. The use of such triangular relationships creates complexities in the rights and responsibilities of each party, partially due to the variation in how U.S. employment law defines employers and employees across statutes. We analyze the various definitions of employee and employer across key U.S. employment statutes (e.g., Civil Rights Act of 1964, ADA, FMLA, FLSA), tests used by the courts in their decision making, and IRS regulations and evaluate the impact of these definitions on the use of contingent employees in triangular relationships. We review existing case law relevant to discrimination and non-discrimination statutes and identify key areas of risk and responsibility for both the individuals employed as contingent workers and firms that use contingent labor. Finally, we offer recommendations for strategically managing contingent labor in the current legal context.     

A comparison of the roles and responsibilities of manufacturing engineers in Japan and the United States

The manufacturing engineering work in nine Japanese firms is structured by a horizontal division of labor between manufacturing design engineers and production process engineers, in contrast to a vertical division of labor between manufacturing engineers and technicians in three American firms. The production process engineers in the Japanese firms link manufacturing engineering processes closely with production processes, whereas less coordination between the two processes occurs in the American firms. Regarding product design, manufacturing engineering, and production processes in the Japanese firms, employees engaged in downstream processes are more heavily involved with work concerned with upstream processes than in the American firms.     

Employee benefits: A growing source of psychological contract violations

Since the 1940s, the number of employee benefits provided by employers and costs related to these benefits have increased dramatically. However, in the face of intensified product market competition, more and more organizations are decreasing their benefits packages as part of broader efforts to decrease labor costs. At the same time, many employees have become dependent on employer-provided benefits to help satisfy basic security needs. This article examines the evolution of this predicament and the associated consequences that are likely to arise as a result of this conflict between worker expectations and employer practices. Ideas for resolution of this employee–employer conflict are also discussed.     

以重复博弈原理论证劳动者有效沟通的必要性——以富士康为例

以富士康为案例,以重复博弈理论为依据,论证了劳动者之间的有效沟通是实现劳资双方重复博弈的必要条件。本文得出结论,只有通过劳动者之间的有效沟通,通过声誉效应或焦点效应等途径,实现劳资双方福利最大化的帕累托均衡,才能实现劳资博弈中劳资双方福利最大化的最优结局,从而从根本上解决劳资冲突问题。     

建立和完善企业规章制度 促进企业和谐稳定发展

依法建立和完善劳动规章制度,是保证用人单位各项工作顺利进行的必要措施。文章以广西柳州钢铁(集团)公司钢星公司为例,分析了用规章制度规范企业与员工的劳动行为,维护企业和谐稳定的具体措施。     

建立和完善企业规章制度 促进企业和谐稳定发展

依法建立和完善劳动规章制度,是保证用人单位各项工作顺利进行的必要措施。文章以广西柳州钢铁（集团）公司钢星公司为例,分析了用规章制度规范企业与员工的劳动行为,维护企业和谐稳定的具体措施。     

Enhancing firm performance through internal market orientation and employee organizational commitment

Considering the importance of retaining key staff and managing the negative impact of high labor turnover on firm performance, this study investigates the notion of internal market orientation (IMO) as an employee management tool for helping companies retain employees and leverage performance via their organizational commitment. Drawing on data from three different managerial respondents in 275 companies based in China, the findings demonstrate the precedential effect of IMO on corporate performance through employees’ organizational commitment and retention. Interdepartmental relationship and interdepartmental communication, together with ownership types are identified as potential moderating variables, which may vary IMO’s effectiveness in the framework. This study provides scholars and practitioners with empirical evidence of IMO’s contribution to different industries and markets. Building on a western perspective, this study extends the literature in an emerging market context and specifically has implications for managing Chinese employees.     

无固定期限劳动合同的制定与实施

无固定期限劳动合同制定的目的是为了维护劳动者的权益,促进劳动关系的稳定。该条款在制定时就在立法者之间以及学者之间产生了极大的争议,不少大企业也为了规避该条款而紧急裁员。之所以会出现这些情况,本文认为这和无固定期限劳动合同的定位、我国的国情因素以及立法技术等方面都有着充分的关联。     

In the trenches at the talent wars: competitive interaction for scarce human resources

A number of indicators suggest that the social norms that once deterred labor market competitors from hiring or “poaching” each others' employees are breaking down. This study explores the competitive interaction that results when one firm attempts to hire employees from a competing firm (known as “talent raiding”). Results suggest that attributes of the raiding firm, the targeted firm, and targeted human capital will affect how a targeted firm responds to a talent raid. The study suggests a number of tactics raiding firms can use to avoid retaliation and suggests tactics targeted firms can use to repel would‐be talent raiders. © 2002 Wiley Periodicals, Inc.     

Who benefits from job placement services? A two-sided analysis

In light of additional information market agents would achieve better outcomes, for example, a lower ask price for the buyer and a higher offer price for the seller. I examine this notion in a labor market, where employers and employees do not possess perfect information about wages, and address the question of who benefits from the information provided by job placement services? The empirical strategy considers the two-sided nature of the labor market. Estimates of employee and employer incomplete information are contrasted between users and non-users of placement services provided by Job Corps, America’s largest and most important job training program for youths. Findings suggest that employees that use placement services don’t have more information about better offer wages, relative to non-users. Interestingly, firms that employed users of placement services are better informed about reservation wages relative to firms that employed non-users.     

Emotional labor and family quality: the role of work-family positive spillover

There is increasing research interest in both types of emotional labor at work (i.e. surface acting and deep acting), but the effects of emotional labor at work on employees’ emotional labor at home and their family members’ family quality have not yet been explored. Drawing on work-family enrichment theory, this study investigated the mechanism underlying the relationship between employees’ emotional labor at work and their spouses’ perceived family quality by focusing on the mediating role of employees’ emotional labor at home and the moderating role of work-to-family positive spillover (WFPS). The results from a time-lagged three-wave survey of 193 Chinese employee-spouse dyads indicated that surface acting at home mediated the relationship between surface acting at work and spousal ratings of family quality. Although deep acting at work was positively related to deep acting at home, deep acting at home was not significantly related to family quality. WFPS strengthened the relationship between surface acting at work and surface acting at home. This study extends emotional labor theories to the family domain and provides insights into the mediating mechanisms and boundary condition through which emotional labor at work relates to spouses’ perceptions of family quality. The implications for theory and management practice are discussed.     

Work Recognition and Labor Productivity: Evidence from French Data

We empirically investigate whether labor productivity is related to work recognition. Using survey data about a large sample of French firms (N = 5309), we find that firms in which employees think their work is recognized are likely to report higher labor productivity, compared with firms where employees do not feel recognized. Our estimation results also suggest that labor productivity is strongly related to wages. Copyright © 2014 John Wiley & Sons, Ltd.     

关于企业内部规章制度的法律思考

涉及劳动者切身利益的企业内部规章制度(劳动制度)是劳动关系的基本要素之一,直接关系到劳动关系乃至整个社会的和谐稳定,《劳动法》、《劳动合同法》都已对其内容、程序合法性做出了原则规定。其相关各方,包括用人单位、劳动者、行政主管部门及国家立法机关均应从法律的角度对其作认真的思考和审视。用人单位应切实按照三个合法性标准策划企业规章制度;劳动者在以规章制度作为行为规范的同时应懂得用其合法性标准维护自身权益;行政主管部门应切实履行职责,加强对企业规章制度合法性的专项监查;国家应实行劳动关系法治化,立法机关应进一步就企业劳动制度做出专项立法。     

Legal Regulation of the Obligation of Employers to Provide Social Support to Employees in the Polish Legal System

The aim of the article is to present the Polish legal regulations concerning the obligation of social support to employees by employers, including the rich axiological layer having its source not only in socialist history of this country, but also in the legal principles expressed in the current Constitution. This issue may be interesting and inspiring in particular for people who, in order to better protect employees, support broader state interference in the market economy. The abovementioned obligation was regulated by the Polish legislator by the Act (and therefore for many employers is imperative) and formulated very widely (on both the objective and subjective scope). For this reason, Polish labor law, to the extent presented in this article, is in many ways unusual, compared to other legal systems, but it seems that it is still not known to a wider group of specialists dealing with labor law in capitalist countries. The paper also presents the analysis of the specific legislative solutions within the scope of the topic; for example the role of trade unions in the process of disbursement of funds from the social fund. The whole discussion is complemented by a consideration of the implementation of the social obligation to support workers by employers on the example of University in Szczecin (one of the largest universities in Poland).