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.     

The Dangers of Misclassifying “Employees”: Microsoft Litigation Emphasizes Distinctions Between Employees and Nontraditional Workers

In the past decade, businesses, for reasons such as greater flexibility and lower total costs, have increased their use of nontraditional workers such as independent contractors and temporary agency employees. The Internal Revenue Service's crackdown on misclassifying employees slowed this growth. Additionally, recent lawsuits by nontraditional workers against employers such as Microsoft Corporation have resulted in some client employers being forced to pay more benefits to nontraditional employees because of employment misclassification and coemployment rulings. Such rulings might reduce or even eliminate the use of some types of nontraditional employees. This paper analyzes the vast array of types of workers that have evolved into the nontraditional work force and the difficulty of defining employee with respect to entitlement to employer benefits. Possible recommendations for employers include auditing present use of nontraditional workers, accurately classifying employees, and taking proper actions to minimize problems in the future.     

The “I quit” syndrome

Managements, unions, and arbitrators have been plagued by a very simple but long-standing problem involving what might be termed a routine human resource action. The problem stated simply is: When is a quit a quit? Where employees are represented by a bargaining agent, the company cannot always be sure that a “quit is a quit.” It is clear that employers who do not understand the “I quit” syndrome are in an uncertain position with respect to handling such problems. The authors have also discovered that unions do not understand the “I quit” syndrome either and at times go to arbitration with all of its attendant costs when the employee has actually “quit.” The purposes of this article are to study how arbitrators have ruled, to establish the principles involved in this little-known area of union/management relations and to provide parties to such cases with information to guide them. Arbitrators have upheld grievances and reversed company actions often enough that there is a need to clarify what is a “quit” as well as a need to clarify what the rights are of both parties under the collective bargaining agreement. The authors found that many managements use the “I quit” syndrome as a substitute for disciplinary action. It is clear from arbitral decisions that it is best from the company point of view to allow the disciplinary system to handle problem employees. The authors also found that reasonable resignations by employees were upheld by arbitrators. If employers carefully handle and document employee resignations, the resignations will stand. Further, it is clear that employers must issue clear policy statements concerning resignations; this includes avoiding resignations under duress. Finally, parties to collective bargaining agreements need contract language defining a quit.     

Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate

Disclosing a disability to a potential or current employer is a very personal decision, with potentially far-reaching consequences for both the employer and employee. Disability disclosure can assure that employees receive appropriate workplace accommodations, and can help employers respond more effectively to diversity and inclusion initiatives aimed at increasing the hiring and retention of individuals with disabilities. However, disclosure may also result in negative employment consequences for employees, such as lowered supervisor expectations, isolation from co-workers, and increased likelihood of termination. Given demographic trends related to disability in the labor force and recent initiatives to increase the employment of individuals with disabilities, it is increasingly important that employers create an environment that encourages disclosure and reduces the likelihood of negative consequences for employees and applicants who disclose their disabilities. This paper presents the findings of a survey of individuals with disabilities focused on identifying and better understanding the factors that influence the disclosure decision. Results highlight the barriers and facilitators that influence individuals’ decision to disclose and the important role that employers, managers, and workplace climate play in the decision. Implications for employer policy and practice are also discussed.     

Betwixt and Between: The Dilemma of Employee References

Concerns have arisen over employers' collection and sharing of information about employees, especially employment references. As a result of the dramatic growth in the number of lawsuits brought by employees, many employers have seriously curtailed the information they release concerning current and former employees. However, even the refusal to release information carries a legal risk. Employers who do not obtain information concerning applicants can be liable for negligent hiring, and those who knowingly withhold negative information regarding their former employees may be liable for negligent referral. This paper explores these expanding liabilities and suggests strategies to allow employers to manage the risk of communicating employee references.     

The Effects of Mandatory Arbitration of Employment Discrimination Claims: Perceptions of Justice and Suggestions for Change

The ability of employers to require employees to submit claims of discrimination to final and binding arbitration in lieu of exercising their statutory rights represents a significant change in public policy. The methods traditionally used by enforcing agencies to investigate discrimination claims provide assistance and intervention that redress power asymmetries between employees and employers. Depriving employees of these enforcement mechanisms and requiring them to use arbitration may have adverse effects on perceptions of justice, both in procedural and distributive terms. We propose that mutuality, equality, and remediality are issues that must be addressed in situations of mandatory arbitration. We also suggest that mandatory arbitration may have other effects including expanding the scope of issues well beyond discrimination claims.     

Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace

Reasonable accommodation of religious practices continues to be a problem in the workplace. Recent Supreme Court decisions have enabled employers to exclude employees from the decision-making process of what constitutes a reasonable accommodation of their religious beliefs through the de minimis standard. In this article it is argued that, in most cases, the reason employers have been allowed to discriminate against these employees is the contentious nature of minority religious beliefs with the mainstream religious culture. Because judges view discrimination based on religious beliefs as distinct from the other reasons for discriminatory practices, such as race, sex, or national origin, it appears unlikely that adherents to minority faiths will face any abatement of discrimination in the workplace.     

Perceptions of On- The-Job Discrimination and Employees With Disabilities

This study examines factors that predict perceptions of workplace discrimination by employees with disabilities. Individual level variables are combined with organizational level variables in a single model of perceived inequality. Data came from surveys administered to employees with disabilities and their respective employers. Individual and organizational variables together provide a better understanding of perceived discrimination than either set alone. Despite the predominance of studies that demonstrate inequality in compensation, this study shows that employees experience discrimination over most terms/conditions of employment.     

The model employment termination act: Provisions and discussion

Recently, the National Conference of Commissioners on Uniform State Laws completed a drafting of the Model Employment Termination Act (META). The goal of this suggested state legislation is to end the patchwork of state-defined protections offered to employees who are terminated in at-will work environments. If META provisions are adopted there will be a substantial change in both the protection offered employees and the litigation of wrongful discharge claims within the adopting state. This article presents the changes proposed by META and discusses these changes and their potential implications for employers and employees.     

Negligent hiring: Reducing the risk

In recent years, the responsibility of employers to hire people who are not dangerous or violent has been heightened by the tort, negligent hiring. The courts have ruled that certain employers owe a special duty to employees and third parties (e.g., customers or clients) to protect them from the harmful or criminal acts of other employees. This article contrasts negligent hiring to respondent superior and negligent entrustment, describes the components of negligent hiring, and reviews important legal cases. The article also discusses how employers can minimize the risk of negligent hiring through prudent human resource practices.     

Creating an employer-employee relationship for the hture

A tidal wave of change is sweeping across the American workplace. Resulting in part from tumultuous economic conditions, the relationship between employers and employees is being redefined in a fundamental and permanent way. The consequences are as critical to the future of business as are developments in marketing, financial management, and technology.     

Determinants of absenteeism in a large Danish bank

An empirical study of the determinants of absenteeism in a large Danish bank is performed. The study is based on information from approx. 7,000 employees in 500 different units. Based on a review of the absence literature a model combining the psychological and economic approaches to absence studies is constructed. The model is based on hedonic theory and uses the frequency metric when measuring absence. The results of the empirical study show that there is indeed a significant negative relationship between job satisfaction and absence. Furthermore, the study shows that demographic variables for both employees and employers play an important role for the frequency of absence. One very interesting result is that the absenteeism for employees is very clearly related to observed absence by the unit manager.     

Sign This Agreement Not to Compete or You're Fired! Noncompete Agreements and the Public Policy Exception to Employment at Will

A California jury recently awarded an employee who was fired for refusing to sign a noncompete agreement $1.2 million in damages for wrongful discharge. Whether employees have a right to refuse to sign unenforceable noncompete agreements is an emerging employment law issue. This article considers whether a wrongful discharge remedy is available in such cases under the public policy exception to the employment-at-will doctrine. State court decisions addressing the question are conflicting. Some courts have allowed employers to discharge employees who refuse to sign a noncompete agreement even if the agreement is unreasonable. Other courts have recognized a claim for damages under the public policy exception. This article explores the issue from policy and managerial perspectives, critically analyzing the policy justifications advanced by the courts in those decisions, and comments on the liability risks to employers and the proper resolution of the issue.     

Bikes versus lease cars: the adoption,design and use of cafeteria systems in the Netherlands

In the 1990s, Dutch employers started adopting individualized pay systems, commonly called ‘cafeteria systems’. Reports on their use by employers and employees suggest a bewildering variety in their adoption, design and use (by employees). This paper presents an analytical framework to analyse this variety. We distinguish as the main explanatory factor whether there has been voluntary or coerced adoption. The latter refers to introduction as part of sectoral collective labour agreements. Different adoption drivers are argued to have consequences for the design and employee use of cafeteria systems.     

THE LIMITS TO EMPLOYEE INVOLVEMENT: PROFIT SHARING AND DISCLOSURE OF INFORMATION

This article seeks to exsplore the ways in which profit sharing is used by employers as a means of securing more employoee involvement. Although this is the main reason employeras have gilven for introducing profit sharing, and has been a principal objective of the government's recent initiative over profitrelated pay, the evidence suggests that little so far has been achieved. By examining employers’deeep seated concerns about some of the implications of profit sharing, particularly those that involve disclosure of information, this article argues that employers are reluctant to pursue such a strategy of involvement because of the risk of stimulating employees to demand greater influence in how the enterprise is managed. This prompts a consideration of the conceptual ambiguity surrounding the notion of employee involvement, and the article concludes that the contradicatory implications this entails for employers renders it largely impotent except at the level of rhetoric     

Socialising employees’ trust in the organisation: an exploration of apprentices’ socialisation in two highly trusted companies

We present here our investigation into how corporate employers deliberately seek to foster and build employees’ trust in the organisation through socialisation tactics. Interestingly enough, such deliberate development of employees’ trust in the organisation has hitherto rarely been addressed in academic research. Using qualitative case study research methods, we have closely observed the trust socialisation process experienced by entrant employees, namely apprentices in two separate and highly trusted German companies. Our findings are consistent with former trust socialisation research in that they indicate the importance of high levels of perceived organisational support and of a convincing communication of organisational values and principles. However, our research emphasises further aspects of trust socialisation, such as psychological empowerment, the efficacy of formal organisational rules and especially sensegiving activities.     

Ideological Currency in the Psychological Contracts of Corporate Manufacturing Employees

Previous research on employee psychological contracts has focused on three different types of expectations that workers have of their employers: transactional exchange of economic currency, relational exchange of socioemotional currency, and, more recently, covenantal exchange of ideological currency. This last type of currency, however, has been studied almost entirely in nonprofit workplaces among employees in helping professions (e.g., healthcare, education) who hold advanced degrees. Although not explicit in the extant literature, the implication of such is that expressions of ideological currency may be limited to certain types of professions. In the present study, we therefore analyzed both white and blue-collar employees’ ideological expectations in a corporate, for-profit, manufacturing environment. Using 1492 responses to an open-ended question received from an email survey, we found that 36% contained an expression of ideological currency, with an additional 44.8% possessing a possible expression of ideological currency. Comparisons of these expressions reveal many similarities between white and blue-collar employees within this organization as well as between these employees and those found in the published literature from workers in other industries. We discuss the implications of these findings for theory and future research.     

The Arbitration of Labor Disputes in China Today: Definition and Implications

Over the past 12 years China has strongly encouraged the use of a formalized arbitration process to resolve, among other conflict areas, labor disputes. Using a formal resolution process is meant to calm labor unrest by giving employees both individual and collective voices in workplace issues. Ultimately, China recognizes that, as did the United States with passage of the National Labor Relations Act, giving employees voice quells potential social revolution and helps business by making use of employee ideas while attracting the best employees. This paper discusses some history of the Chinese labor dispute resolution process and its specific provisions promulgated in two laws and a set of regulations. Strengths and weaknesses of the process are enumerated and the importance of the process to foreign investors, employers, and employees is laid out.     

The union response to employer-initiated drug testing programs

The testing of employees for drugs has become a major workplace issue in the late 1980s. By all accounts, many firms have implemented, or at least considered, some sort of drug screening program. While various experts have debated the importance and necessity of initiating such programs, there has been only limited investigation of the differences between union and nonunion workplaces in how such programs are initiated and administered. This article investigates some questions related to those differences. The first part examines the differences between union and nonunion workplaces and their implementation of drug screening programs. We present differences derived primarily from the fact that nonunion employers are constrained only by constitutional and statutory law in their introduction and implementation of drug screening programs. Unionized employers, on the other hand, are constrained by collective bargaining and the grievance resolution process. The second part of the article examines union responses to employer-initiated drug testing programs. The third part examines arbitration decisions on drug testing provisions in unionized workplaces. We outline the major areas in which arbitrators have rendered decisions, including definitions of behavior that could trigger reasonable suspicion testing and whether the employer has the right to unilaterally institute or expand drug testing programs.     

Post-<Emphasis Type="Italic">Burlington</Emphasis>: What Employers and Employees Need to Know About Retaliation

Since the landmark decision in Burlington Northern & Santa Fe Railway Co. v. White, numerous federal district courts and circuit courts of appeals in the United States have considered employees’ retaliation claims. This paper reviews several post-Burlington cases and provides employers with a roadmap as to what has been held to be retaliation under the law and what has not. Our contribution is an up-to-date analysis of retaliation cases, on a specific employment action basis, to provide guidance to employers of the types of activity that could support a claim of retaliation and to employees to alert them as to the types of activity that they should not have to endure in the workplace.