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The Importance of Non-Standard Forms of Work in the Current Economic Context
Starting from the importance of atypical forms of employment in the current economic context and in the light of international regulations - that of responding to an acute need for flexibility in terms of labor markets - our research comes with the presentation of the importance of well-known atypical forms of work both internationally, European as well as domestically. The contemporary context of individual labor relations is characterized by this evolutionary trend of non-standard or atypical forms of work, also supported by the recent Eurostat statistics from the European level, which show that the percentage of growth in standard, permanent, full-time work, it is overtaken by the percentage increase in non-standard, atypical work, an aspect that marks a fundamental problem and not to be neglected in terms of individual labor relations. In fact, a multitude of factors are involved in this phenomenon of the dispersion of flexible work arrangements. From the great contemporary problems determined by the interaction of economic, political, social, cultural, technological and informational processes to the globalization of society, all have determined a diversification of needs from the perspective of employers and implicitly, the abandonment of the standard model of work performance.
Journal Article
The Effect of Abusive Supervision on Employee Job Performance: The Moderating Role of Employment Contract Type
Extant literature has documented mixed findings concerning the relationship between abusive supervision and employee performance. While most studies show a negative relationship, others reveal that abusive supervision can be motivating and performance-enhancing, and still others find no effect. To advance our understanding of this relationship, the present study examines employees’ objective and quantifiable key performance indicators (KPIs) as an outcome, while investigating employment contract type as a critical boundary condition. This study also explores an alternative outcome of abusive supervision by examining whether its effects extend to employees’ behavior towards customers, specifically in the form of customer-directed sabotage. A two-wave multi-source field study was conducted with 1,331 customer service representatives from 139 call-center teams. Findings suggest an alarming phenomenon: for probationary employees, an inverted U-shaped relationship exists between abusive supervision and employees’ KPIs, such that low to moderate levels of abusive supervision increase, but moderate to high levels of abusive supervision decrease, their job performance. For permanent employees, KPIs are less affected by abusive supervision. However, abusive supervision is positively related to employees’ customer-directed sabotage behavior, and this effect is stronger for permanent (vs. probationary) employees. The theoretical and practical implications of the findings for leadership and business ethics are discussed.
Journal Article
Precarious Employment and the Risk of Serious Psychological Distress: A Population-Based Cohort Study in Japan
Objectives This study examines whether precarious employment increases the risk of serious psychological distress (SPD) in a nationally representative cohort of Japanese middle-aged people. Methods From 2005-2009, we followed 8486 male and 6736 female participants (aged 50-59 years) in the Longitudinal Survey of Middle-aged and Elderly Persons. All individuals were employed and free of SPD, cardiovascular disease, and cancer at baseline. The participants were classified into two groups based on their baseline employment contract: precarious and full-time permanent work. SPD was assessed at each year during the study, using the K6 scale, a self-rated 6-item scale that screens for mood or anxiety disorders. We used discrete-time survival analysis, with a complementary log-log link, to examine the effect of precarious employment on SPD incidence. Results During a maximum follow-up period of four years, 374 men and 364 women developed SPD. Male precarious employees were more likely to develop SPD than male full-time permanent employees (hazard ratio 1.79, 95% confidence interval 1.28-2.51) in the full model, after adjusting for sociodemographic and occupational factors, cardiovascular disease risk, and K6 scores at baseline. By contrast, no significant association was observed among female employees. However, an analysis stratified by marital status revealed an association similar to that found among men but only among unmarried women. Conclusions The findings suggest that precarious employment is associated with double the risk of SPD incidence among middle-aged Japanese men and - when stratified by marital status - among unmarried women. This highlights a major gender difference in the association between precarious employment and risk of SPD.
Journal Article
Insecure Employment Contracts during the COVID-19 Pandemic and the Need for Participation in Policy Making
Job security influences the ability of nurses to provide high-quality nursing care. The Iranian health system has always faced nursing shortages, and the COVID-19 pandemic has worsened this situation. Although nurses have been labelled ‘heroes’ across the globe, many of them have been hired using insecure employment contracts. This commentary aims to describe issues surrounding job contracts for Iranian nurses during the COVID-19 pandemic and discusses how the current situation can be improved. Iranian nurses are at the frontline of the fight against COVID-19 and need to receive better support in terms of job security and dignity. They should participate more in policymaking activities to improve their job condition and prevent the development and implementation of the short-term and insecure job contracts that lead to job insecurity.
Journal Article
Precarious Work, Women, and the New Economy
Globalisation, the shift from manufacturing to services as a source of employment, and the spread of information-based systems and technologies have given birth to a new economy, which emphasises flexibility in the labour market and in employment relations. These changes have led to the erosion of the standard (industrial) employment relationship and an increase in precarious work - work which is poorly paid and insecure. Women perform a disproportionate amount of precarious work. This collection of original essays by leading scholars on labour law and women's work explores the relationship between precarious work and gender, and evaluates the extent to which the growth and spread of precarious work challenges traditional norms of labour law and conventional forms of legal regulation.The book provides a comparative perspective by furnishing case studies from Australia, Canada, the Netherlands, Quebec, Sweden, the UK, and the US, as well as the international and supranational context through essays that focus on the IMF, the ILO, and the EU. Common themes and concepts thread throughout the essays, which grapple with the legal and public policy challenges posed by women's precarious work.
eBook
The influence of jurisprudence on the formation of relations between the manager and the limited liability company
The procedure and internal functioning of a limited liability company in the conditions ofthe Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.
Journal Article
Lithuania’s binary worker classification vs. a teleological interpretation of the EU’s ‘worker’ concept by Germany and the UK
The article explores whether Lithuania’s concept of darbuotojas (employee) and its rigid binary classification of work relationships is challenged by an evolving European employment law landscape, shaped by a rise of unconventional work relationships that blur the lines between employees and self-employed persons. This issue is examined in light of varying interpretations of the EU’s ‘worker’ concept(s) in the United Kingdom (UK) and Germany, where courts increasingly extend protections to individuals in atypical employment forms by broadly (re-)interpreting traditional terms. Additionally, their domestic systems recognize intermediate categories between employees and self-employed persons, such as arbeitnehmerähnliche Personen (employee-like persons) in Germany or the UK’s ‘limb (b) workers’, aiming to provide certain protection for a wider group of working individuals. These approaches influence both countries’ understanding of an autonomous EU ‘worker’ concept, particularly evident in connection with Council Directive 89/391/EEC, which introduced measures to enhance the safety and health of workers at work and was adopted more than 30 years ago.
Journal Article
Terminating an employment contract at the employer’s will: does expensive and simple mean safe? Lithuanian model
This paper aims to reveal the nature, specifics and limits of application of one of the legal grounds for termination of employment relationships established in the labour law of the Republic of Lithu ania – termination of the employment contract at the employer’s will. The analysis tests the hypothesis that the goal of increasing flexibility by simplifying the termination of employment relations, which was set at the initiation of the reform of the legal regulation, was not achieved. The presumption is put forward that this ground for terminating the employment contract is neither new nor safely applicable, and the benefits of relatively simplified procedural requirements do not outweigh increased financial burden. To reveal the impact of statutory amendments in question on the regulation of termination of employment relations in Lithuania, the historical background and the impact of obligations established in international documents on it are assessed, key indicators (such as legal grounds, procedural requirements, burden of proof and order of its distribution, etc.) are identified, and the relevant case law is examined.
Journal Article
Provision of firm-sponsored training to temporary workers and labor market performance
This paper addresses an employer’s decision to invest in firm-specific training for temporary workers within a search-matching framework with two-tier employment contracts. Based on the fact that opportunities to receive firm-provided training are significantly limited in temporary jobs, we examine whether policies aimed at inducing employers to provide training for temporary workers improve labor market performance. Our quantitative analysis produces the following results: first, reducing the cost of training temporary workers, which aims to directly increase their participation in firm-provided training, improves social efficiency but increases the unemployment rate, and decreases the share of permanent workers. Second, relaxing firing regulations on permanent jobs decreases the unemployment rate and increases the proportion of temporary workers who receive training and social welfare. Thus, a spillover effect of reforming employment protection legislation associated with permanent jobs is observed on training provision in temporary jobs.
Journal Article