The purpose of this study was two-fold. First, it sought to identify constraints on program implementation by exploring the nature of contractual relations in the construction industry. The program of interest was the Laborers’ Membership Assistance Program. Second, it sought to operationalize behavioral norms identified by Macneil in his work on relational contract. The underlying intent was to assess the usefulness of relational contract theory in explaining observed behaviors among parties potentially affected by program implementation. The research strategy chosen for study of the Laborers’ Membership Assistance Program was the embedded case study. Multiple projects were embedded within the overall design, and analyses incorporated outcomes from these multiple projects. Results were then used collectively to propose a grounded theory framework for systematically evaluating relational contract. This was accomplished by comparing ideas growing out of Macneil’s work to empirical evidence. Data were collected from three distinct groups. Each group was potentially affected by the program being implemented -- union stewards and foremen, union business leaders, and signatory employers. Mechanisms for data collection were the semi-structured interview, focus group interview, and questionnaire. Data collection was accomplished through researcher visits to hiring hall premises, focus group interviews at selected hiring halls, and mail surveys. Multiple analytical techniques were used to analyze the data including conceptual correlation matrix analysis, frequencies, correlations, multidimensional scaling, and cluster score analysis. The study was exploratory and the results descriptive. Its theoretical significance lay in its use as a means for assessing the usefulness of Macneil’s work on relational contract as a viable approach to study of workplace relationships and to study of social contract. Its practical Significance lay in its applicability to decisions by unions as to what factors should be considered when designing implementation strategies. / Ph. D.

<p align="justify">In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that is conducive to job creation. The research then considers what is meant by the policy of &lsquo / regulated flexibility&rsquo / and considers how flexibility operates in practice at NBC level. It is argued that the concept of flexibility is a misnomer &ndash / since it creates more problems than it solves. The research concludes with a call for real flexibility that will allow for increased investment and a greater supply of jobs.</p>

中國大陸於一九九五年施行《勞動法》，卻因施行多年，部分內容無法因應環境變遷，而產生許多勞動糾紛。為求政權穩固與社會和諧，中共於二○○八年公布施行《中華人民共和國勞動合同法》（以下簡稱為《勞動合同法》），企圖以此法調整勞動關係，促使勞資雙方權利義務取得平衡，以維護社會和諧。 然《勞動合同法》自立法之初至公布施行，引發「傾斜保護勞動者」之疑義，不斷被各界所批評，尤其對台商企業而言，早期勞力成本低廉、招募容易的利基不再，現今勞動力的取得必須簽訂勞動合同，以兼顧勞動意識的抬頭與法令規章的保護，使台商在經營管理上備感壓力，甚至必須遷移他地或轉移他國。 儘管投資環境丕變，台灣企業與台籍人士仍持續前往中國大陸投資、設廠與工作，在此前提下必須了解《勞動合同法》對台商的影響與因應之道。 本研究透過台商企業人才招聘與任用之實務案例，藉由文獻資料分析法，對《勞動合同法》之立法、特色、重要條款與實務案例等進行初探。了解《勞動合同法》對台商企業管理之影響，除了經營成本提高之外，其促使台商企業必須重視勞動法令規章、勞資關係和諧、經營管理風險等問題，同時致力於建立健全的規章制度，招聘與任用安全、穩定的人力，此乃有利於提升企業的競爭力，維護企業生存與發展的因應之道。冀望後續在企業人力資源管理的應用層面進行深入探討，以作為台商企業、台籍幹部、政府部門及有志於中國大陸研究者之參考。 / The mainland China implemented the Labor Act in 1995. However, its partial content cannot cope with the environmental changes due to its implementation for too many years and generated a lot of labor disputes. In order to have a stable government power and social harmony, the CPC issued to implement the PRC Labor Contract Act in 2008 (hereinafter referred as the “Labor Contract Act”) for the purport to adjust the labor relationships by this Act for the balance promotion of rights and obligations between both parties of employees and employers in order to maintain social harmony. However, the Labor Contract Act induces the doubtful concern of inclined protection of labors since its legislation till its issued implementation. It continuously subjecting to the criticisms from all parties; especially for Taiwan enterprises, the niches of lower and cheaper labor costs and easy recruitments in the earlier phase are no longer appeared. Currently the acquirement of labor power should be signed with the labor contract for given considerations on the rising of labor conscious and protection of legal regulations and decrees, which make Taiwan enterprises to subject multiple stresses on their operations and managements and even make them need to move toward other place or transfer to other country. Although the sudden change of investment environment, Taiwan enterprise and Taiwan people still continuously go to mainland China for their investments, factory installations, and workings. Under this premise, it needs to realize the effects of Labor Contract Act on Taiwan enterprises and the coping ways for it. This study conducted the initial investigation on the legislation, feature, important provisions, and practical cases of the Labor Contract Act through the practical cases of personnel recruitments and employments by Taiwan enterprises via the literature data analysis method. It realized the effects of Labor Contract Act on the administrative managements of Taiwan enterprises. Besides the increases of operational costs, it pushes Taiwan enterprises to have their necessary emphasizing on those issues such as the labor provisional regulations and decrees, harmony of employees and employers, and the risks of operations and managements, etc. At the same time, they should strive on the establishments of robust provisional regulation systems, recruitments and employment safety, as well as stable human powers. These are the coping ways that will benefit the competition powers of enterprises as well as maintain the enterprise survivals and developments. We expect to conduct the in-depth subsequent investigation on the application layer of human resource managements in the enterprises in order to have a reference for the Taiwan enterprises, Taiwanese cadres, government divisions, and the researchers who have their interests on mainland China.

I conducted a legal analysis of decisions by Texas Commissioners of Education in appeals by Texas school administrators from nonrenewal decisions made by Texas school districts from 1983 to 2013. I analyzed the findings of fact and conclusions of law described in the commissioners’ rulings to determine the legal basis of school districts’ decisions to nonrenew school administrators’ term employment contracts. I also examined the legal rationale for commissioners’ rulings and determined which party most commonly prevailed in these administrative proceedings—the respondent school district or the petitioner school administrator. In particular, the study determined factors that contributed to commissioners’ decisions to overrule or support school districts’ nonrenewal decisions. A careful review of commissioner decisions, which are accessible on the Texas Education Association website, identified 44 commissioner decisions involving appeals by superintendents, associate superintendents, public school administrators, athletic directors, or central office administrators concerning school districts’ term contract nonrenewal decisions from 1983 to 2013. Commissioners’ decisions in these cases were surveyed using legal research methods. This study provides recommendations to assist local education agencies to refine current policies and regulations regarding the nonrenewal of administrators’ term contracts, and provides insight on Texas Commissioners’ rulings on term contract nonrenewal appeals brought by Texas school administrators. The findings revealed that school boards’ lack of understanding of local policies and lack of evidence resulted in commissioners granting 27% of appeals. Additionally, commissioners denied 73% of the appeals because school boards provided at least one reason that met the substantial evidence standard of review, and respondents failed to substantiate allegations or enter evidence in evidentiary hearings.

La récompense a toujours été associée à l’exercice d’un pouvoir sur autrui. Elle est le moyen, conjugué avec la sanction, d’obtenir d’un individu qu’il adopte la conduite attendue par un décideur. La récompense s’est en effet affirmée dans de nombreux systèmes disciplinaires tels que la discipline scolaire, militaire ou encore carcérale. Au sein des rapports de travail, des ouvrages de gestion des ressources humaines de même que des théories de « l’incitation » ou « des motivations » ont bien intégré l’idée d’une récompense comme moyen d’obtenir des salariés une conduite attendue par l’employeur. Sont organisés à cette fin concours d’entreprise ou classement des salariés en fonction de leurs performances ; sont distribués cadeaux, gratifications, primes d’ancienneté, primes d’assiduité, primes d’objectifs, ou encore stock options ; sont enfin favorisées les évolutions professionnelles au moyen de formations, de promotions ou de « parcours de carrière ». Le pouvoir qu’exerce l’employeur sur ses salariés comporte alors une dimension : la récompense. Pourtant, malgré sa banalité pratique et théorique, la récompense paraît avoir été injustement oubliée par le droit et les juristes du travail. L’objet de cette étude est de tâcher de combler cette lacune. La révélation d’un pouvoir de récompenser conduit à revenir sur une certaine conception, largement admise, selon laquelle le pouvoir en droit privé s’exprime par des actes juridiquement contraignants pour autrui. Après avoir livré une définition de la récompense, l’étude a pour ambition de déterminer les qualités de ce pouvoir et d’en décrire le régime. / Reward has always been linked to the exercise of power over others.Combined with sanction, this is the way a decision-maker uses to get somebody to behave properly.Reward has indeed become asserted in many disciplinary systems, such as school, military or prison discipline.Within work relations, human resources studies and “incitative”, or “motivations” theories have perfectly understood the idea of reward as a means for the employer to get the expected behavior from their employees.Thus, contests and employees rating based on their performance are organized; gifts, gratuities, seniority bonus, attendance bonus, premium bonus or stock options may be given; at last, career evolution is facilitated by vocational training, promotions, and career pathways.The power that an employer has on their employees will then have a dimension: reward. However, reward seems to have been unfairly forgotten by law and work jurists despite its practical and theoretical casualty.The aim of this study is to fill this gap.Rewarding leads back to a particular conception, which has largely been accepted, that power within private law is expressed by legally binding acts. After giving a definition of reward, the ambition of this study is to define the qualities of this ability, and then, to describe its functions.

<p align="justify">In the context of a society in which there is an urgent need to create jobs, this research considers, firstly, whether the current labour regulatory environment is flexible enough to allow for an employment scenario that is conducive to job creation. The research then considers what is meant by the policy of &lsquo / regulated flexibility&rsquo / and considers how flexibility operates in practice at NBC level. It is argued that the concept of flexibility is a misnomer &ndash / since it creates more problems than it solves. The research concludes with a call for real flexibility that will allow for increased investment and a greater supply of jobs.</p>

Thesis (doctoral)--Universiẗat Giessen, 2003. / Includes bibliographical references (p. 283-307).

The validity and efficacy of the labor contract as well as cases of nullity and defeasibility import an analysis of scopes of the supplementary application of Civil Code taking into account the peculiarities of Labor Law. Labor contract, while legal business has as regulatory framework to the regulations of Civil Code but it is necessary to determine, in each case, whether to apply fully this normative body, or modulate its supplemental application, or simply conclude that it doesn’t result compatible its regulation due to the special nature of labor relations. Specifically, this issue will be analyzed from cases of nullity and defeasibility of the labor contract. / La validez y eficacia del contrato de trabajo así como los supuestos de nulidad y anulabilidad importan un análisis de los alcances de la aplicación supletoria del Código Civil teniendo en cuenta las peculiaridades del Derecho del Trabajo. El contrato de trabajo, en tanto negocio jurídico, tiene como marco de regulación a las disposiciones del Código Civil pero es necesario apreciar, en cada caso, si corresponde aplicar plenamente este cuerpo normativo, o modular su aplicación supletoria, o simplemente concluir que no resulta compatible su regulación por la naturaleza especial de las relaciones laborales. Especialmente, este tema será analizado a partir de los supuestos de nulidad y anulabilidad del contrato de trabajo

The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.

LL.M. (Labour Law) / Commentators have warned that when men are given absolute control over their fellow men, there is the danger that what appeared pragmatically desirable may become morally intolerable. The current usage of polygraph testing by employers undoubtedly confirms this. In what follows, it will be argued that there is a serious shortcoming in South African law in that there is no legislative framework that governs and regulates the use of polygraph testing in the workplace. It is fairly likely that many South African employers will at some time be faced with dishonesty or criminal activities, such as fraud or theft, without accurately being able to identify where, how, and by whom such dishonesty was committed. If dishonesty and criminal activities are not properly managed, there may be adverse ramifications. As a result, many employers have opted to insert a clause in the employment offer and employment contract that relates to security obligations on the part of the employees or prospective employees. The clause would normally read as follows: “The company may request that you subject yourself to a polygraph test before commencement of employment or if an incident has occurred or and random testing during your period of employment with the Company. The employee hereby declares that he is aware of the company polygraph policy and accepts that this policy as a term and condition of his employment. The employee undertakes to comply with the said policy in all respects and acknowledges that he is bound thereby”. Magna Alloys & Research v Ellis introduced a significant change to the Courts’ approach to restraint of trade agreements by declining to follow earlier decisions based on an English precedent that an agreement in restraint of trade is prima facie invalid and unenforceable. The implication of this decision is that a right to choose a trade, occupation, or profession freely may