劳动合同解除的预告期制度研究

我国劳动法规定,除特殊情形外,用人单位或劳动者欲解除劳动合同,应提前三十日通知对方当事人,这三十日的期间,被称为劳动合同解除的预告期。我国劳动合同解除的预告期制度存在简单化、一刀切的缺陷,使得这一规定的制度价值被遮蔽,而违反预告期规定的法律责任的缺失又造成了该制度的虚设状态。因此应在借鉴产业发达国家和地区解约预告期制度的基础上,逐步完善我国的劳动合同解除的预告期制度。     

论合同解除的溯及力

合同解除的溯及力是合同解除制度中的一个重要问题，也是理论和司法实践中极富争议的一个问题。在合同解除的溯及力学说中，直接效力说、间接效力说等学说无法解决合同解除后恢复原状与损害赔偿并存的理论困境。清算说则可以避免这种矛盾，在理论上解决了恢复原状请求权与损害赔偿请求权难以并存的难题。我国未来合同法的发展应注意借鉴清算说，从而完善我国的合同解除制度。     

Termination clauses in partnerships

We show that when designing a partnership agreement partner firms may prefer not to specify how to allocate the commonly owned assets should there be an early termination of the contract. By not including such a clause, firms induce litigation before a Court with positive probability. Firms create this ex-post inefficiency in order to increase the levels of non-contractible investments, i.e. increase the ex-ante efficiency. The absence of an asset allocation clause works as a “discipline device” that mitigates the hold-up problem within the partnership. In our set-up, no other contract but that without an asset allocation clause can credibly create an ex-post inefficiency.     

Termination notice of mobile network operator customers after a tariff switch: An empirical study of postpaid subscribers in Germany

Proactive subscriber churn management strategies of mobile network operators (MNOs) require that steps are taken to keep customers before they hand over a formal notice of termination to their provider. Therefore, several studies have analyzed how MNO customers who gave a termination announcement differ from individuals who did not communicate this message. However, no work has examined such differences among subscribers who recently switched to another tariff of their MNO. Therefore, this paper explores socio-demographic, service consumption and tariff change differences between contract cancellation “announcers” and “non-announcers” in a sample of 1810 postpaid customers who had changed their rate plan not long ago. Cancellation announcers were more likely to be males who decreased their mobile voice consumption after their tariff switch, had already attempted to churn in the past, had moved from an unmetered to a metered rate type, paid higher monthly bill amounts and received no discounts on their current rate plan that was introduced on the market some time ago. Among subscribers who gave a termination notice, early (late) cancellation announcers were more likely to be older (younger) customers with a growing (shrinking) SMS consumption after their tariff switch, had not attempted (had already tried) to leave their current MNO in the past, and were in a rate plan that was (not) recently introduced. The findings contribute to the literature on mobile customer retention and have implications for practitioners and scholars.     

Dealing with problem employees: A legal guide for employers

One of the more difficult responsibilities of employers is dealing with problem employees. Employee misconduct and poor performance can lead to productivity issues, morale problems, and inferior quality products. For these reasons, it behooves employers to address performance issues rather than allow them to fester. By understanding which federal employment laws can be triggered when making employment decisions, avoiding common mistakes in applying these laws, and implementing key policies, employers can provide structures in the workplace that allow them to address problems effectively and minimize their legal exposure.     

Regulating prices in two-sided markets: The waterbed experience in mobile telephony

The distinguishing feature of two-sided markets is that the pricing structure, that is, the relative prices charged to each side, matters. Regulators need to understand and account for the interdependence of prices in both sides. Some interventions that lower the prices on one side can result in higher prices on the other side of such markets. This article reviews the recent literature analyzing this waterbed phenomenon in mobile telephony and draws some more general lessons for policy interventions in two-sided markets.     

Short-term termination without deterring long-term investment: A theory of debt and buyouts

The option to terminate a manager early minimizes investor losses if he is unskilled. However, it also deters a skilled manager from undertaking efficient long-term projects that risk low short-term earnings. This paper demonstrates how risky debt can overcome this tension. Leverage concentrates equityholders' stakes, inducing them to learn the cause of low earnings. If they result from investment (poor management), the firm is continued (liquidated). Therefore, unskilled managers are terminated and skilled managers invest without fear of termination. Unlike models of managerial discipline based on total payout, dividends are not a substitute for debt—they allow for termination upon non-payment, but at the expense of investment since they do not concentrate ownership and induce monitoring. Debt is dynamically consistent as the manager benefits from monitoring. In traditional theories, monitoring constrains the manager; here, it frees him to invest.     

再论无效劳动合同的解除:从劳动合同解除的社会实益视角出发

《劳动合同法》上规定的无效劳动合同解除制度因其违反合同效力的一般原理而饱受非议。但"双重法律效果"理论的发展,已经使无效劳动合同之解除不再是"概念上不可能的事"。无效劳动合同的解除,在效果上可以达到"有效——解除"路径的效果,同时可以达到私法上合同无效以及合同解除理论所无法给予的社会实益。劳动合同无效制度置于社会法的视角下,体现的是国家对劳动市场秩序的积极干预和构建的理念,具体是通过直接否定合同效力、固有利益剥夺以及激励合同守约方运用解除制度确保"合同惩罚"实施来实现的。     

经济适用住房停建政策影响人群实证研究——以广州为例

采用定量分析与定性分析相结合的研究方法,以广州市经济适用住房停建政策的影响人群为研究对象,对已获得经济适用住房准购证但未购房以及已申请住房保障但未获批两类家庭进行问卷调查和入户访谈,并采用SPSS软件对相关数据进行深度挖掘,分析了两类家庭的经济状况与居住现状,经济适用住房停建政策对两类家庭的影响及其未来的住房保障诉求。在此基础上,对经济适用住房停建政策的稳妥实施提出相关建议,包括做好停建政策后续配套工作,妥善处理已获得准购证家庭的购房需求;优化住房保障申请程序,加强保障性住房分配和后续管理等。最后,针对困难群众对住房保障产品多元化的诉求,对创新产权式住房保障方式进行了探索。