Phil Almond, Michael Muller-Camen, David G. Collings, and Javier Quintanilla
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199274635
- eISBN:
- 9780191706530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274635.003.0007
- Subject:
- Business and Management, HRM / IR
This chapter analyses the management of pay and performance in the case study companies, against the background of the embedded systems of the USA and the host countries. Both wage classifications ...
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This chapter analyses the management of pay and performance in the case study companies, against the background of the embedded systems of the USA and the host countries. Both wage classifications and the issue of performance management are examined. Patterns of decision-making on both dimensions are found to be generally more centralized than is the case for other areas of HR policy. On the issue of wage classifications, patterns of broadbanding are examined, as well as the means by which US multinationals challenge sectorally-based pay determination in Germany. It then explores the issue of forms of individual and collective performance pay, looking at recent changes in the nature of merit pay, particularly the increasingly competitive nature of its allocation through mechanisms, such as forced distributions. It also reviews the extent to which performance management is used as a tool to ‘cull’ weaker performers, and suggests that the origins of such policies can be related to the societally-specific norm of ‘employment at will’.Less
This chapter analyses the management of pay and performance in the case study companies, against the background of the embedded systems of the USA and the host countries. Both wage classifications and the issue of performance management are examined. Patterns of decision-making on both dimensions are found to be generally more centralized than is the case for other areas of HR policy. On the issue of wage classifications, patterns of broadbanding are examined, as well as the means by which US multinationals challenge sectorally-based pay determination in Germany. It then explores the issue of forms of individual and collective performance pay, looking at recent changes in the nature of merit pay, particularly the increasingly competitive nature of its allocation through mechanisms, such as forced distributions. It also reviews the extent to which performance management is used as a tool to ‘cull’ weaker performers, and suggests that the origins of such policies can be related to the societally-specific norm of ‘employment at will’.
Felice Davidson Perlmutter, Darlyne Bailey, and F. Ellen Netting
- Published in print:
- 2000
- Published Online:
- January 2009
- ISBN:
- 9780195137071
- eISBN:
- 9780199865611
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195137071.003.0009
- Subject:
- Social Work, Communities and Organizations
This chapter discusses the protection and nurturing of managerial supervisors, given the problem of employment instability in the human services. It discusses employment-at-will, whistleblowers, and ...
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This chapter discusses the protection and nurturing of managerial supervisors, given the problem of employment instability in the human services. It discusses employment-at-will, whistleblowers, and trade unionism for professionals. It concludes with suggestions for organizational supports of management and staff in this challenging time.Less
This chapter discusses the protection and nurturing of managerial supervisors, given the problem of employment instability in the human services. It discusses employment-at-will, whistleblowers, and trade unionism for professionals. It concludes with suggestions for organizational supports of management and staff in this challenging time.
Gamonal C. Sergio and César F. Rosado Marzán
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190052669
- eISBN:
- 9780190052690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190052669.003.0005
- Subject:
- Law, Public International Law, Human Rights and Immigration
Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of ...
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Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.Less
Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.
Alex J. Wood
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781501748875
- eISBN:
- 9781501748905
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501748875.003.0005
- Subject:
- Sociology, Culture
This chapter examines the existence of internal labor markets at ConflictCo, looking at flexible scheduling in this workplace regime. While workers at PartnershipCo experienced little employment ...
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This chapter examines the existence of internal labor markets at ConflictCo, looking at flexible scheduling in this workplace regime. While workers at PartnershipCo experienced little employment insecurity, this was not the case at ConflictCo. It was clear that workers at ConflictCo were highly fearful of losing their jobs. This was a consequence of ConflictCo's internal state, which made use of “at-will employment,” meaning that there was no redundancy policy, and managers were free to decide themselves which workers to keep on. Those who lost their jobs received no redundancy pay or notice. There was, therefore, a great deal of employment insecurity among the informants. If flexible discipline is found to be central to the operation of control at ConflictCo, despite the availability of traditional forms of discipline, then it significantly strengthens the case that this is a vital feature of workplace regimes in the twenty-first century.Less
This chapter examines the existence of internal labor markets at ConflictCo, looking at flexible scheduling in this workplace regime. While workers at PartnershipCo experienced little employment insecurity, this was not the case at ConflictCo. It was clear that workers at ConflictCo were highly fearful of losing their jobs. This was a consequence of ConflictCo's internal state, which made use of “at-will employment,” meaning that there was no redundancy policy, and managers were free to decide themselves which workers to keep on. Those who lost their jobs received no redundancy pay or notice. There was, therefore, a great deal of employment insecurity among the informants. If flexible discipline is found to be central to the operation of control at ConflictCo, despite the availability of traditional forms of discipline, then it significantly strengthens the case that this is a vital feature of workplace regimes in the twenty-first century.
Sergio Gamonal C. and César F. Rosado Marzán
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190052669
- eISBN:
- 9780190052690
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190052669.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective ...
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This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.Less
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.