水利施工企业劳动关系管理的法律风险防范

随着企业劳务用工关系管理领域内法规规范体系的完善,水利施工企业劳动关系管理的法律风险也随之不断增加。本文针对水利施工企业使用人员现状,深入分析了企业劳动关系管理中存在的主要问题和法律风险,从合同担保、人力资源管理规章制度的改进、劳动合同管理体系的完善等方面提出了一些思考与建议。     

不完全劳动契约的属性研究

劳动契约是企业的核心契约，但由于其交易对象的特殊性，使得现实中的劳动契约具有不完全契约的特点。以劳动契约观演进为基础，借鉴现代企业理论可对不完全劳动契约的属性进行分析，如劳动契约交易的核心为专用性与专有性人力资本，劳动契约交易的期限更多表现为长期雇佣。同时，与其他交易契约相比，不完全劳动契约交易的障碍为非对称信息分布下双方主体的机会主义行为问题，以及团队生产形式下的劳动成果计量难题等。     

基于公共政策历史文献观察的劳动关系

劳动关系一直是国内外理论界和企业界普遍关注的问题.以历史文献观察为研究方法,以公共政策为研究视角,从劳动合同制度、集体协商与集体合同、劳动福利与社会保障制度、劳动争议与劳动仲裁为细分角度找寻我国劳动关系的历史轨迹.论证了近20年内公共政策对劳动关系和谐发展的促进.并预测,在未来几年的发展中进一步破除二元劳动结构,建立统一的劳动力市场;提高劳动者组织化程度以及对全国人力资源的规划将成为公共政策的特别关注点.     

Human Capital,Bankruptcy, and Capital Structure

We derive the optimal labor contract for a levered firm in an economy with perfectly competitive capital and labor markets. Employees become entrenched under this contract and so face large human costs of bankruptcy. The firm's optimal capital structure therefore depends on the trade‐off between these human costs and the tax benefits of debt. Optimal debt levels consistent with those observed in practice emerge without relying on frictions such as moral hazard or asymmetric information. Consistent with empirical evidence, persistent idiosyncratic differences in leverage across firms also result. In addition, wages should have explanatory power for firm leverage.     

The effects of wage indexation on macroeconomic fluctuations: A generalization

This paper investigates the effects of wage indexation on fluctuations in employment, output, investment and the price level within a more general framework than that used in recent literature. The generalization involves: (a) a more general labor contract which allows labor supply as well as labor demand to affect actual employment in disequilibrium, and (b) a regular IS-LM framework which includes the previously used monetarist framework as a particular case. It is found that the effects of wage indexation on fluctuations in various economic variables depend in many cases on whether demand or supply dominates the labor market in disequilibrium. The exact dependence is characterized and used to reappraise recent results and develop new results.     

工会的“收入溢价”效应研究——基于中国流动人口动态监测数据的分析

基于中国流动人口动态监测数据（2014）,实证分析流动人口工会的“收入溢价”效应。研究发现：工会能显著提升流动人口的收入,但工会的“收入溢价”效应具有异质性,城城流动人口高于乡城流动人口、签订合同者高于未签订合同者,个体私营企业的表现要优于国有集体企业和外资企业;分位数回归结果显示,随着分位数水平的上升,流动人口工会的收入效应呈倒“U”型,对中等收入者的作用最大,其次是低收入者,对高收入者的作用最小;采用倾向得分匹配法解决自选择问题,发现我国流动人口仍存在明显的工会“收入溢价”效应。     

On the supply of landlord labor in small real estate rental firms

Small real estate rental firms in the United States tend to be employee-owner firms in which the landlord does maintenance and repairs as a part-time job rather than principal-agent firms in which the landlord hires part-time workers. Applying work incentives theory to explain this observation, we find that the difference in incentive compatibility conditions for the two forms of organization provides a bias toward the employee-owner form of organization for sufficiently small-scale operations. By supplying labor to the firm, the landlord avoids transferring economic rents to contract labor, rents that function as incentives for assuring profit-maximizing maintenance effort even when worker productivity is at its lowest.     

The treatment of direct labor in cost/managerial texts

Cost/managerial textbook authors have typically defined and treated direct labor production costs as a pure variable cost that is proportionally related to the level of output. One implication of such treatment is that management will hire and fire workers as output levels vary. Historically, management did frequently adjust labor to reflect seasonal variations in sales and short-term changes in demand levels. This attitude was incorporated into the at-will employment rule.In the last few decades, the at-will employment rule has been successfully challenged in court. Other factors, such as the need for a highly trained work force and employment contract guarantees, have changed the nature of direct labor to that of a mixed or, in some cases, a fixed cost. In addition, at some highly automated plants, direct labor cost may be a small enough proportion of manufacturing cost to combine with overhead as a conversion cost.Accounting educators need to consider the effect this change may have on various managerial practices and methods. These include operational budgeting and cost-volume-profit analysis.     

Unemployment insurance with a hidden labor market

We consider the problem of optimal unemployment insurance (UI) in a repeated moral hazard framework. Unlike existing literature, unemployed individuals can secretly participate in a hidden labor market. This extension modifies the standard problem in three dimensions. First, it imposes an endogenous lower bound for the lifetime utility that a contract can deliver. Second, it breaks the identity between unemployment payments and consumption. And third, it hardens the encouragement of search effort. The optimal unemployment insurance system in an economy with a hidden labor market is simple, with an initial phase in which payments are relatively flat during unemployment and with no payments for long-term unemployed individuals. This scheme differs substantially from the one prescribed without a hidden labor market and resembles unemployment protection programs in many countries.     

Why Invest in Your Neighbor? Social Contract on Educational Investment

It may be in the interestof low-ability individuals to subsidize the education of high-abilityindividuals. The sufficient conditions are surprisingly mild:positive externalities in education and complementarity in productionbetween human capital and labor supplied by the low-ability individuals.However, tax competition and the free mobility of the educatedgive rise to time-inconsistency and free-riding problems whichrender such a social contract infeasible and result in a suboptimallylow investment in education.     

Relate hospital charges to use of services.

Despite their constantly rising charges that provoke government regulators and insurance companies to impose "caps," hospitals and other health care institutions continue to use antiquated cost control systems. This author describes a new accounting system, based on the amount of care each patient needs, that has been in use at Massachusetts Eye and Ear Infirmary for six years. In this system, basic "clinical care units" (determined by a peer review process and in collaboration with third-party payers) establish the acceptable standard for a given diagnosis. With charges and reimbursement based more directly on the labor and services involved, hospitals can plan more efficient use of nursing staff and other personnel and services. Use of established norms for each diagnosis also helps staff and third-party insurers determine when hospital resources are being used most productively.     

Managerial Ability, Compensation, and the Closed-End Fund Discount

This paper shows that the existence of managerial ability, combined with the labor contract prevalent in the industry, implies that the closed‐end fund discount should exhibit many of the primary features documented in the literature. We evaluate the model's ability to match the quantitative features of the data, and find that it does well, although there is some observed behavior that remains to be explained.     

Localized sentiment trading in heterogeneous labor markets: evidence from free agent signings

We show that free agent signings in U.S. professional sports are associated with localized sentiment trading effects. Responses are influenced by player performance, labor contract and sport structure characteristics unique to each league. Football signings lack guarantees and are noisy signals while the most informative baseball signings reflect player performance. Sentiment effects of basketball signings are mixed. Investors respond positively to contract extension announcements, but negatively to new contract negotiations, with either the current team or a different franchise. Exceptions are for free agents with high performance rankings or who are perceived to improve the odds of winning a championship. We also provide some evidence that sentiment trading is driven primarily by retail investors.

     

Why "good jobs" are good for retailers

Too many retail managers believe that they must offer bad jobs to keep prices low. As a result, almost one-fifth of American workers suffer low wages, poor benefits, constantly changing schedules, and few opportunitie for advancement. The author's research reveals, however, that the presumed trade-off between investment in employees and low prices is false. To meet short-term performance targets, many retailers cut labor. The unmotivated and poorly trained employees who remain often cannot keep up with their tasks in a complex operating environment. The result is a vicious cycle, in which lower sales and profits tempt managers to cut even more employees. Retailers such as QuikTrip, Mercadona, Trader Joe's, and Costco instead create a virtuous cycle of investment in employees, stellar operational execution, higher sales and profits, and larger labor budgets. They also make work more efficient and fulfilling for employees, improve customer service, and boost sales and profits through four practices: simplify operations by offering fewer products and promotions, train employees to perform multiple tasks, eliminate waste in everything but staffing, and let employees make some decisions.     

Does Bank Monitoring Influence Loan Contract Terms?

We examine the impact of bank monitoring on loan contract terms using a new proxy for monitoring ability based on the labor input into monitoring. We show in out-of-sample tests that the proxy is a statistically and economically significant determinant of future loan quality. Accounting for clustering of observations by lead bank, and controlling for borrower characteristics, contract features and bank risk, we find a statistically significant direct relationship between monitoring ability and loan maturity and a statistically and economically significant direct relationship between monitoring ability and the loan yield spread. The relationships are particularly strong for working capital loans. The views and opinions expressed in this paper are those of the authors and do not necessarily reflect those of the Australian Prudential Regulation Authority.     

The impact of labor unions on investment-cash flow sensitivity

This paper empirically examines how labor unions affect investment-cash flow sensitivity using samples from the US covering the period of 1984–2009. We find a significant positive union effect using a q model of investment. The capital expenditures of firms are 1.71 times more sensitive to internal cash flows when unionization rates increase one standard deviation from the mean. This effect holds when we control for other proxies of financial constraints. In addition, unionized firms are associated with lower cash–cash flow sensitivity, which suggests that the higher investment-cash flow sensitivity in unionized firms is primarily driven by the incentive of these firms to reduce liquidity and enhance bargaining power against the union. We also show that the above union effects become more pronounced during labor contract negotiation years.     

Economic Reform and Labor Unions: A General-Equilibrium Analysis Applied to Bangladesh and Indonesia

Noting the trend toward more independent trade unions in developingcountries, this article examines whether the presence of unionsstrengthens or weakens the benefits to be gained from economicpolicy reform. We show that the presence of "passive" unions—onesthat choose their wage-employment contract given the firm'scost-minimizing strategy—increases the welfare gains fromtrade liberalization, because trade reform lowers the wage premiumenjoyed by the unionized sector, reducing a distortion in thelabor market. These gains are amplified when the unions are"active", namely, when they negotiate a contract with the firmthat is off its labor demand curve. Such a contract resultsin featherbedding—paying workers more than their marginalproduct—and trade reform reduces the amount of featherbedding.The policy implication for Bangladesh—a country with strongtrade unions and a protected unionized sector—is thatthe benefits of further trade liberalization may be greaterthan otherwise predicted. In Indonesia, where both unionizationand import tariffs are low, allowing greater independence tounions may preserve flexibility and reward workers better thanthe current minimum-wage policy.     

科学技术对生产力和生产关系的决定作用——兼论农村“家庭联产承包责任制”

科学技术是劳动者能力的基础,是生产工具的灵魂。科技水平决定生产力水平和生产方式,进而决定了生产关系。根据不同的科学技术水平可以划分出不同的生产关系发展阶段。中国农业总体上处于封建农业技术水平,只有家庭联产承包责任制是最优选择。     

Long-term contracts,expectations and wage inertia

This paper develops a macro model of contractual wage setting that is used to test the importance that increased contract length has in generating wage inertia. Using an errors-in-variables format to isolate the effect of price and productivity shocks, it is shown that the sensitivity of union wages to unanticipated disturbances would increase by only a small amount in the absence of long-term, three-year, labor contracts. Our results suggest that formal contracts are not a major source of nominal wage rigidity and the price surprises play a relatively small role in generating business cycles.     

日本介护从业者工资影响因素分析

本文利用日本介护劳动安定中心实施的2012年介护劳动实态调查中的劳动者调查样本数据,尝试对影响介护从业者工资的因素进行分析。其中,着重对学历、资格的取得、入职后的研修与工资的关系进行了讨论。在学历方面,把学历细分为6个等级(分别为是否为福祉相关专业的高中毕业、大专毕业、大学及以上学历毕业)。观察出大学及以上学历毕业具有学历溢价表现。在资格的取得方面,把资格细分为11个种类,但正规就业与灵活就业的表现有所不同。正规就业中,介护福祉士、访问介护员1级资格的取得与工资有着密切关系。灵活就业中,介护支援专员、护士、理疗师资格更为重要。在入职后的研修方面,无论是正规就业还是灵活就业都表现出了研修的重要性。