Thesis (M.Soc.Sc.)--University of Hong Kong, 1984. / Also available in print.

L'étude du dispositif législatif reconnaissant des droits aux personnes handicapées nous révèle que le droit appréhende le handicap à travers, d'une part, un droit de protection, et d'autre part, un droit de compensation. Le législateur organise un droit de protection limité à l'égard des personnes handicapées. D'une part, le législateur a mis en place des mesures visant à assurer la protection des personnes handicapées vulnérables et de leurs biens, conditionnant ainsi la protection à un état de vulnérabilité. D'autre part, le législateur a mis en place une protection spécifique des personnes handicapées mentales par un régime de responsabilité adaptée, conditionnant la protection à l'incapacité totale ou partielle de discernement. Contrairement au régime de responsabilité pénale qui organise une protection effective des personnes atteintes d'un trouble mental, le régime de responsabilité civile néglige désormais cette protection au profit de l'indemnisation des victimes.Parallèlement à ce droit de protection limité, le législateur a mis en place un véritable droit à compensation des conséquences du handicap adapté au besoin de chaque personne handicapée, à ses attentes et ses choix de vie. La loi n° 2005-102 du 11 février 2005 pour l'égalité des droits et des chances, la participation et la citoyenneté des personnes handicapées, permet incontestablement une réelle avancée en matière de compensation des conséquences du handicap, toutefois le dispositif législatif renforcé et sa mise en œuvre présentent encore certaines lacunes qu'il est nécessaire de combler. / The study of the legislative package admitting rights to disabled persons shows that law comprehends the disability through, on the one hand, a right of protection and on the other hand, a right of set off. The legislator organizes a right of protection limited to the disabled persons. On the one hand, the legislator has put in place actions to ensure the protection of vulnerable disabled persons and their assets, thus setting the conditions of the protection as a position of vulnerability. On the other hand, the legislator has put in place a specific protection for mentally disabled persons with a liability regime adapted, setting the conditions of the protection as full or partial discernment disability. Unlike the criminal liability regime that organizes an effective protection for persons with mental disorders, the civil liability regime neglects henceforth this protection in favor of compensation paid to victims. In parallel to this limited protection right, the legislator has put in place an actual right of setoff for disabled persons adapted to the need, the expectations and the choices of life of each disabled person. The law n° 2005-102 of February 11th, 2005 for the equality of the rights and the chances, the participation and the citizenship of the disabled persons, clearly allows a real way forward as regards to the compensation of consequences due to disabilities, however the reinforced legislation and its implementation stills show some gaps that must be filled.

The problem of this study is to record the evolution and to determine the present status of workmen's compensation insurance in Texas.

This dissertation presents the results of three experimental research studies investigating factors within the executive compensation process and the effects these factors have on the pay-for-performance paradigm. The first study examines the influence of individual anchoring and the effects of private versus public decisions upon compensation awards by subjects role-playing as either an outside CEO or a non-CEO director. Research results show that subjects anchor to personal pay levels, CEO subjects shield the focal CEO from declining compensation when performance is below average, and that this phenomenon is mitigated when the individual director-subject decision is deemed to be made public. The shielding of compensation is consistent with Social Comparison Theory in that the CEO-subjects identify to and protect the CEO by limiting negative compensation awards of the CEO, and thus, representing an agency cost. The second study examines affect as an influencing factor on individual decision makers in the compensation setting process. Results are consistent with Prospect Theory in that, in the absence of a tangible payoff, personal affect is the outcome monitored and used by individuals in the decision process in the determination of a gain or loss. Using personal pay and personal performance as anchors for subjects role-playing as directors on the compensation committee, results indicate that subjects make decisions to maximize (minimize) positive (negative) affect in compensation awards to the focal CEO. The findings suggest that although individual anchors may interact and add to the complexity of the decision process, the outcomes are consistent with Prospect Theory. The third study examines group decision making as compared to individual decisions when making compensation awards. Results show that in a committee of individuals where a majority of beliefs is present, group polarization occurs and the compensation results are exaggerated as compared to the individual beliefs. The findings also suggest, though, that the appointment of a leader as chair of the committee, either in the majority or minority view, has a moderating effect on the group outcome. These results highlight the potential for agency costs in the group decision process that may be found in the executive compensation-setting environment. Overall, these results add to the knowledge of factors affecting executive compensation. These studies provide evidence that individual anchors, individual performance, individual affect, and the group decision process may add to agency costs and be contributing factors in the imperfection of the pay-for-performance paradigm. / Ph. D.

This research examines the relation between incentive-based compensation and subsequent Real Estate Investment Trust (REIT) performance as well as the determinants of incentive-based compensation for REITs. I propose that REITs either rely on incentive-based compensation to substitute for poor corporate governance practices or may not need to rely excessively on incentive-based compensation to align managers and shareholder interests, given their heavily regulated nature and their corporate governance practices. Using a sample of publicly traded equity, hybrid, and operating REITs for the 1999-2003 period, I find a negative relation between incentive based compensation awards and subsequent stock returns for REITs. Interestingly, this relation is not found when return on assets (ROA) is the measure of performance. These results imply that excessive incentive-based compensation negatively impact future REIT performance from a market perspective, but not an accounting perspective. With regard to the determinants of incentive based compensation, I find that CEO ownership, board of director characteristics, and institutional ownership are consistent determinants of the level of incentive based compensation awarded to REIT CEOs. Overall, the results imply that REIT corporate governance practices substitute for incentive-based compensation, but still, the level of incentive-based compensation paid to REIT CEOs is excessive up to the point that it negatively affects subsequent REIT performance.

Victimisation at work is a problem able to cause mental illness and the victims often search for vindication, where different regulations can be actualized. The purpose of this essay is to examine the legal framework to show the possibilities to vindication and financial compensation, for an individual exposed for victimisation. Also female-dominated professions possibilities to vindication and financial compensation are examined, especially how it will be affected by the regulation Organizational and social work environment (AFS 2015:4). The method that has been used to fulfil the purposes of the essay is the method of jurisprudence. To fulfil the second purpose the sociology of law was also applied. The result of the essay showed that the regulations hold different possibilities to vindication and financial compensation. However the individual often meet with obstacles. The result also showed that the possibilities to vindicaition and financial compensation for female-dominated professions are effected by the new regulation Organizational and social work environment. The final conclusion is thus, that the legal framework does not provide any distinct way for vindication or financial compensation for victimisation.

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Variable remuneration is an integral part of the management process, utilised to motivate participants to achieve business objectives. Many employers are actively seeking ways of increasing the value of variable remuneration in the employment process for the perceived benefits it would have for the business and participants. Over the past decade variable remuneration has become a significant component of the employment offer that contributes to the attraction and retention of highly sought-after employees. It has grown in importance, but simultaneously has also become a major employment cost. In the absence of a validated generic methodology, the variable remuneration methodologies applied by employers are intuitive and most often lack any scientific basis. The purpose of the study was to design and validate a variable remuneration methodology that will allow managers, or scheme designers, to develop variable remuneration schemes that will be able to deliver outcomes that would be attributable to the variable remuneration scheme and not to factors outside the control of the scheme participants or within the greater organisational context. Based on a literature survey covering three bodies of knowledge; motivational theory, variable remuneration concepts, and the variable remuneration life cycle, propositions regarding variable remuneration were formulated. These propositions were converted into 99 items making up a questionnaire dealing with variable remuneration constructs. The questionnaire was applied to thirty different types of variable remuneration schemes in a bank assurance group. Six hundred and thirty two scheme participants completed the questionnaire that assessed the thirty schemes. Independently from the scheme assessments, scheme owners and/or designers evaluated scheme outcomes. First and second order factor analyses were performed on the variable remuneration scheme questionnaire that produced three adequately determined factors. The factors had highly acceptable internal reliabilities. These factors were: Congruency, Instrumentality and Performing. The respective relationships between the Independent Variables: Congruency, Instrumentality and Performing, the Moderator Variables: Scheme Type and Job Level and the Independent Variable: Scheme Outcome, were investigated by means of Analysis of Variance (ANOVA), Multiple Analysis of Variance (MANOVA), Analysis of Co-Variance (ANCOVA) as well as Multiple Regression Analysis. An empirically determined generic variable remuneration methodology was arrived at, consisting of three constructs and eleven dimensions, which explained 34,5% of the variance of variable remuneration scheme outcomes and is depicted in the figure below. / Prof. Theo Veldsman Prof. Gert Roodt

The use of performance-based, or incentive based, compensation plans is ubiquitous in the private sector. Private business operates under the belief that the use of incentives leads to increased performance from employees and higher profits for the companies. This study is centered on the function of those performance-based pay plans within the government. Its purpose is to determine if the use of such pay plans is effective, both for the efficiency of government organizations and the motivation of employees. Through the analysis of government documents and organizational plans, and interviews of human resource managers and employees, this study analyzes performance-based pay and its effectiveness in the public sector.