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Consistencies, inconsistencies and anomalies in Australian Federal, State and Territory legislation governing employer- employee relationships, in particular the employee-contractor distinction, with a proposed solutionKlomp, Peter John, n/a January 2006 (has links)
This thesis is concerned with the nature of employment-type relationships that currently
exist in Australia, with specific regard to the meaning of the terms 'employer,'
'employee,' and the 'employer-employee relationship', and the extent to which the
employee-independent contractor dichotomy is respected.
This thesis seeks to show how current legislation at federal, state and territory level is
largely inconsistent in defining key terms; to explain why this is problematic; and to
propose a workable solution.
An examination is made of the common law as it currently stands, followed by an
investigation of federal, state and territory revenue, superannuation, workers'
compensation and employment laws that govern or affect employer-employee and
principal-contractor relationships.
The thesis recognises that there currently exists no comprehensive solution to the
problems plaguing the employee-contractor dichotomy, and an all encompassing
solution is proposed. The solution presented moves away from the traditional common
law approach, rejects a statutory definitional approach, and instead adopts the principles
of the Torrens Title system to land ownership in Australia.
Following this proposed solution, alternate models and arguments are compared and
contrasted.
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A critical analysis of the prevalence and nature of employee assistance programmes in the Eastern Cape Buffalo City municipal areaGovender, Thiloshni 06 September 2010 (has links)
The researcher has since 1996 been involved professionally in the field of Employee Assistance and has been witness to its evolution, growing complexity and potential to make a positive impact on the development of individuals and organizations through employer-employee relationship and workplace dynamics. The motivation for this study came from an interest to gain deeper understanding of the concept and implementation of EAPs by organizations in the researcher’s immediate environment and circle of potential influence. The development of EAPs in South Africa, influenced by various professions, has evolved as a result of different organizational needs which occur in varying forms and levels of sophistication depending on staffing, availability of resources and capacity within organizations. There is limited information available to EAP as a developing profession in terms of how programmes occur in South Africa. This study sought to analyze the prevalence and nature of EAPs in work organizations within the Buffalo City Municipal Area (BCMA) in the Eastern Cape Province, mainly to obtain reliable information on these programmes so that implementation of employee assistance can be evaluated and improved. This investigation provides a critical description of the implementation of EAPs in the BCMA with a view to establish prevalence, critically analyze the nature of EAPs, and to benchmark against existing Employee Assistance Professional Standards. The literature review includes a detailed examination of the history of EAPs in South Africa, contributions of the different professional disciplines, definitions of EAP, models currently in practice with the advantages, disadvantages and factors that influence the organizations choice of model and core technology of EAPs, as well as a critical examination of the 27 EAPA-SA Standards of 2005. The study is quantitative, exploratory and descriptive in nature as it sought to measure prevalence and provide descriptions of implementation methodologies in terms of form, shape, scope, staffing and services offered. These descriptive elements are benchmarked against the Standards for EAPs in South Africa, developed by the EAPA-SA, the official voice of the EAP profession. Questionnaires were administered to respondents that attended the local EAPA Branch and Occupational Health Nurses Association as well as Provincial Forum for Public Sector EAPs meetings. The respondents that were not reached this way were administered questionnaires personally. The population included organizations from both the private and public sector that employed a minimum staff compliment of two hundred. Since there are only 47 such organizations in the BCMA (both public and private sector), the entire population consisted of respondents and no sample was selected. Univariate analysis was used to assess data collected. The findings of the study indicate that EAPs are prevalent in BCMA organizations but they vary considerably in the way they have been developed and implemented. Benchmarked against the EAPA-SA Standards it is evident that while employee assistance programmes have certain basic elements in common, the overall design and implementation is fortuitous at best. Since the EAPA-SA standards have been developed concurrently with EAPs it is hoped that newly established EAPs will be a product of careful design rather than an inadvertent incident. EAPA-SA, educational institutions and business development forums need to collaborate and partner to provide comprehensive support to organizations and EAP practitioners to strengthen their EAPs. Correctly implemented, capacitated and resourced, EAPs can assist organizations to effectively manage their human resource behavior and health risks, maximize productivity as well as support individual employees to optimally manage personal and work challenges and function at their best. Copyright / Dissertation (MSW)--University of Pretoria, 2010. / Social Work and Criminology / unrestricted
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CSR and Internal Stakeholders within the Swedish Fashion Retail Industry : An exploratory study on the relationship between organization and their employees in a harmful industryRusevska, Marija, Singh, Nathalie January 2023 (has links)
Background: Managers can utilize tools such as Corporate social responsibility (CSR) and employer branding to manage the relationship between employees and the organization. CSR is a tool that can be used to make the organization look better. Companies can utilize employer branding to market themselves towards its current and new employees in a harmful industry. The fashion retail industry can be seen as a harmful industry, as the industry causes harm to the environment, society and people. The existing literature looks at how customers think about these issues, however not much is said about employees' thoughts who are working for these harmful organizations. The employees are the ones who in stores meet the critique from customers, instead of the organizations who make these harmful decisions. Purpose: The purpose of this thesis is to explore the significance of CSR in a harmful industry and its influence on the relationship between employees and the organization. Employees can be influenced by different factors both internal and external concerning their organization’s CSR practices, which can affect how they view their organization as an employer. Therefore, this study will try to explore the relation between the organization and the employees to see how working in a harmful industry has an impact on the relationship. Method: The thesis conducts a qualitative and exploratory method, this was done through an abductive research approach. Furthermore, 10 semi-structured interviews were conducted with the participants being interviewed. To analyze the ten interviews a thematic analysis was utilized as a guide. Conclusion: Employer and employee relationship does not seem to be disturbed by the questionable external CSR practices or a harmful industry in general. CSR is significant to employees, but when it comes to their own organization it does not matter since they are given values such as salary and employment. Organizations create benefits, value and engagement for employees by using employer branding and internal CSR, thus the organizations market themselves to the employees, meanwhile manage the relationship through skills development, empowerment, employment stability and work-life balance.
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Wearables conquering the workplace of Generation Y: the opportunities and risks to integrate wearable technology at workEidenhammer, Lukas 20 June 2018 (has links)
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Previous issue date: 2018-06-20 / Purpose - The purpose of this thesis is to investigate the attitude of Generation Y towards Wearable Technology (WT). The investigated gadgets of WT are Fitness trackers, Smart watches, Smart glasses and Smart Clothing. The research investigates the interest of individuals into WT sponsored by the employer and their data-sharing attitude. Design/Methodology - The thesis uses a quantitative, online survey among individuals, which are 18 – 36 years old. The survey is threefold. First, individuals are questioned towards their tracking behavior and ownership of WT. Second, the likelihood to purchase WT is compared with the likelihood to request sponsored WT by an employer. Third, the data-sharing attitude of individuals is investigated. The survey was distributed via Social media and the data gathered via Qualtrics. The analysis was conducted with the statistics program SPSS. Findings - First, the proportion of individuals tracking data and the data tracked confirm the interest of individuals to receive personal insights through WT. Second, the likelihood to request WT when sponsored by an employer shows a statistically significant increase for Smart watches, but decrease for Fitness trackers. For owners of WT, the likelihood increased for all four WTs. Third, the data-sharing attitude of individuals highlighted, that Generation Y does not trust the employer’s objective. Research limitations – The main limitation is that the research is not representative for the whole Generation Y. There exist several definitions of Generation Y and only one definition is applied for this thesis. In addition, the sample was not geographically limited to specific countries. In addition, the survey covers only a limited number of gadgets. Based on the responses for a single gadget, one derives with implications for the whole category of Wearable Technology. In addition, the topic of data sharing is covered by general questions about WT and not retrieved for each of the four devices. Practical implications – By focusing on the individuals’ perspective the thesis provides insight into the attitude of the Generation Y towards the innovative technology of Wearables. The research creates awareness about the employer-employee relationship and the topics of trust and sharing attitude. Employers and companies are interested into the data tracked by individuals and can derive with insights on how to integrate WT at the workplace. Originality – The study focuses on the expectations and concerns of individuals towards WT, in comparison to the numerous studies highlighting the technological features. / Objetivo - O objectivo desta tese é investigar a atitude da geração Y face à wearable technology (WT) . Os aparelhos investigados de WT são fitness trackers, smart watches, smart glasses e smart clothing. A pesquisa investiga o interesse dos indivíduos interessados em WT patricionados pela entidade empregadora e a sua atitude de partilha de dados. Metodologia - A tese recorre a um questionário quantitativo online testado com indivíduos entre os 18 e 36 anos. O questionário é tripartido. Primeiro, indivíduos foram questionados perante o comportamento registado e posse de WT. Seguidamente, a probabilidade de adquirir WT foi comparada com a probabilidade de pedir WT patrocinados por um empregador. Por fim, a terceira parte investiga os comportamentos de partilha de dados. O questionário foi distribuído online através de redes sociais e a data recolhida foi analisada via Qualtrics. A análise foi interpretada através do programa SPSS. Resultados - Primeiro, a proporção de indivíduos a registarem os seus dados e os dados recolhidos confiram o interesse dos indivíduos em receber informações pessoais através de WT. Em segundo lugar, a probabilidade de requisitar WT quando particionados por um empregador mostra um aumento estatisticamente significativo para Smart watches, no entanto um decréscimo para Fitness trackers. Para os donos de WT a probabilidade aumentou para os quatro tipos de WT. Por último, a atitude perante partilha de dados por parte de indivíduos sublinhou que a Geração Y não confia nos objectivos do empregador. Limitações – A principal limitação desta dissertação prende – se com o fato de a pesquisa não ser representativa de toda a Geração Y. Existem várias definições da Geração Y e uma dessas foi selecionada para o desenvolvimento desta tese. Adicionalmente, a amostra não se encontrava geograficamente limitada a países específicos. Igualmente, apenas um número limitado de equipamentos foi considerado no questionário desenvolvido. Baseadas nas respostas para um aparelho único, é possível derivar as implicações para toda a categoria de WT. Em adição, o tópico de partilha de dados é coberto por questões gerais sobre WT e não para cada um dos quatro aparelhos. Aplicabilidade do trabalho - Através do foco na perspetiva dos indivíduos, esta tese fornece uma compreensão alargada do comportamento da Geração Y relativamente às inovações tecnológicas dos wearables. Esta dissertação foca – se na relação empregador – empregado e nos tópicos de confiança e de partilha. Nomeadamente, os empregadores e as empresas encontram – se interessados relativamente aos dados rastreados pelos indivíduos que poderão fornecer uma melhor e mais completa perspetiva de como integrar os WT no local de trabalho. Originalidade – Este estudo foca-se nas expectativas e preocupações dos indivíduos em comparação aos inúmeros estudos salientando características tecnológicas.
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The termination of the employment relationship on the grounds of the employee's HIV statusKone, Mmberegeni Kingshald 11 1900 (has links)
A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's
activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign.
Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus. / Mercentile Law / LL. M.
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Contribuições da teoria dos jogos à gestão de desempenho: estudo de múltiplos casos com líderes da indústriaGraminho, Juliana de Moura Jorge 24 October 2013 (has links)
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Previous issue date: 2013-10-24 / Ties and cooperation between employer and employee has been hurt by the current environment that emphasizes short term predominantly. Thus, to influence coopera-tion and, therefore, to get engagement and high performance from employees has been a major challenge for employers and leaders in companies. In this sense, this dissertation aims to investigate cooperatives and/or deserters (non-cooperative) de-cisions regarding to the binomial reward-performance between employee and em-ployer, within the organizational context, through Game Theory applied to a study of multiple cases, in an adapted version of the Prisoner's Dilemma. The survey, con-ducted with ten employees of an industry, showed that over the last seven years there was no complete congruence and reciprocity between performance delivered by the employee to the employer and the reward given by the employer to the em-ployee. These results reinforce the premise that not all decisions regarding the re-ward and performance take into account past decisions and no seek to maximize results. Consequently, high performance is not reinforced and perpetuated, and in the same way the poor performance finds conditions for spreading. Finally, these re-search findings allowed reflect on what policies and practices can be adopted to achieve cooperation, engagement, high performance and a best collective result / Vínculo e cooperação entre empregador e empregado têm sido afetados pelo ambi-ente organizacional que enfatiza resultados de curto prazo. Estimular cooperação para obter engajamento e alto desempenho dos empregados é um grande desafio para empregadores e líderes nas empresas. Considerando as tensões entre compe-tição e cooperação, esta dissertação objetiva investigar as decisões cooperativas e/ou desertoras (não cooperativas) relativamente ao binômio recompensa-desempenho entre empregado e empregador no âmbito organizacional, à luz da Teoria dos jogos. Trata-se de um estudo de múltiplos casos em uma versão adapta-da do Dilema do Prisioneiro. A pesquisa, realizada com dez empregados de uma indústria, demonstrou que, no decorrer dos últimos sete anos, não houve plena con-gruência e reciprocidade entre desempenho entregue pelo empregado ao emprega-dor e a recompensa oferecida pelo empregador ao empregado. Os resultados mos-tram, não é sempre que todas as decisões quanto à recompensa e desempenho consideraram decisões passadas e que também não é sempre que todas buscam maximizar resultados. Consequentemente, o alto desempenho não é reforçado e perpetuado, da mesma forma que o baixo desempenho encontra condições para se propagar. A pesquisa permitiu ainda a reflexão sobre quais políticas e práticas po-dem ser adotadas para alcançar a cooperação, o engajamento, alto desempenho e um melhor resultado coletivo
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組織現象之探討──搭便車行為、雇傭關係與資訊結構 / Three Theses on Organization Economics:Free Rider,Employer- Emplo- yee Relationship and Information Structure沈榮欽, Shen, Rong-Chin Unknown Date (has links)
有關市場經濟的文獻早已汗牛充棟,相較之下,組織經濟是一個較受
到忽視與待開發的領域。本文以三個模型來探討經濟組織的形成及組織與
市場的差異。在第一個模型中,我們承續Olson(1965)、Alchian and
Dem- sets(1972)和Kandel and Lazear(1992)的理論,說明在聯合生產中
,不同機制克服搭便車行為的效果,我們比教了三種理想型的機制:市場
(價格機能)、道德(同儕壓力)和層級組織,藉以說明組織的利益。在
第二個模型中,吾人藉由一個賽局模型比較了不同生產方式對形成雇傭關
係的影響,說明在單期和多期模型中,自營生產和聯合生產對雇傭關係的形成有何不同的影響。在第三個模型中我們探討了組織與市場究竟有何「本質」上的差異。首先吾人定義兩種不同的系統:集中的與分散的資訊系統。前者係以Simon (1967)的階層分解原則來定義經濟組織的資訊特色,後者則較接近無組織或是「市場」經濟體系。然後我們藉由模型的比較表明組織與市場在資訊上的差異。吾人的模型可視為對Hayek(1945)、Coase(1937)以及Sah and Stiglitz(1986)關於組織與市場結論的補充與註解。我們並將結論的一個引申與Lawrence and Lorsch(1967)關於組織與環境關係的結論加以比較:在我們的模型中,Lawrence andLorsch(1967)的結論只是環境景氣平均數大於零的一個特例。不過這仍是一個有待進一步驗證的結論。
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The termination of the employment relationship on the grounds of the employee's HIV statusKone, Mmberegeni Kingshald 11 1900 (has links)
A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's
activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign.
Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus. / Mercentile Law / LL. M.
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