The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the (...) Supreme Court of the Republic of Lithuania are discussed to reveal the problems existing in practice. Conclusions and suggestions for the improvement of laws providing conditions for homogeneous interpretation of legal provisions are presented. (shrink)

Employees of large blue chip corporations in the 1950s through the mid-1960s demonstrated great loyalty to their employers. In return, those employers provided cradle to grave job security and benefits for their workers. During the 1980s, however, this social contract between employees and employers seems to have undergone a change. The norms of the organization man of the earlier period passed from use and a new normative framework seems to have developed. The norm of loyalty on the part of (...) both parties seems to have passed from practice. Employers would now terminate employees if it was in their short term interest to do so, while employees began to move from company to company, no longer making a career with one employer. Many writers have attributed this new employment relationship to the dynamics of the times, as we move from modern to late modern/early post-modern times. This paper reports the findings of a pilot qualitative study done with graduating seniors from an AACSB accredited business school. The subjects were asked to write self-reflective essays on the following themes: Given the nature of the new employment contract, are careers a vestige of the past? How do you feel about such concepts as career self reliance and career resiliency? Do you feel "at risk" in the new world of work? If so why, if not why not? If so, how do you plan to deal with it? The paper reports the critical response patterns of these graduating seniors and draws insights and conclusions from the literature illuminating the student reflections. (shrink)

The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation (...) that would create pre-conditions for addressing social interest conflicts. Thus a need has arisen for a new legal regulation because new activity models do not fit into traditional relationships governed by labour law. Along standard employment relationship, non-standard relationships occur in the market. In 2003 the Ministry of Social Security and Labour of the Republic of Lithuania issued recommendations for employers on flexible work organisation forms and indicated reasons for the organisation of flexible work forms: the nature of work and employee’s demographic and social characteristics; fulfilment of family duties; health condition; unfavourable work environment; employee’s age; studying and studies. (shrink)

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. (shrink)

When a physician employment relationship terminates, the physician–patient relationship may also be terminated by enforcement of a covenant not to compete, which typically forces the physician to leave the geographic area for a period of time. This gives rise to several ethical dilemmas. The public interest is compromised when enforcement of these covenants contributes to the shortage of physicians in the community, and individual patients are harmed when their physicians are no longer available. The authors undertook a unique study (...) to explore physician perspectives concerning the ethics of banning a physician from practice and the impact of the ban on both the physician and the physician’s patients. The results identified harmful effects that have not been raised in prior scholarly articles or reported court opinions. After reviewing the legal background of covenants not to compete, this paper presents the results of that study and concludes that resorting to the legal system for enforcement of covenants not to compete is not always the ethical course of action. (shrink)

Corporate governance (CG) can be seen to operate through a 'double agency' relationship: one between the shareholders and corporate management, and another between the corporate management and the firm's employees. The CG and labour management of firms are closely related. A particularly productive way to study how CG affects and is affected by the employment relationship has been to compare CG across countries. The contributions of this paper to that literature are threefold. (1) An integration of aspects of the (...) labour management literature in the CG debate. (2) Based on a sample of about 1000 firms from 31 countries, we find evidence of complementarities between the CG and the labour management of firms. Extreme cases, in general, outperform mixed cases. (3) Firm differences within countries are more important than scholars have assumed so far. We present the results of the study and implications for future research and for practice. (shrink)

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. (shrink)

In this paper, the nature of the contract of employment is explored from an ethical point of view. It is argued that certain normative arguments should be taken into account in order to justify such a contract. Furthermore, an argument is developed against the claim that (a) the individual’s freedom of decision and (b) the practice of institutional arrangements are sufficient to justify a contract of employment. The dimensional analysis offered shows that further conditions are (...) needed: (a) must be elaborated and interpreted to the extent that this condition is not sufficient – rather sub-criteria regarding the agent’s state of knowledge must be met; and (b) should be supplemented by a demand for fairness. A tentative analysis of existing work contracts is the starting point for the ethical analysis. The aim is to show what a legitimate, or reasonable, contract of employment will require. Finally, some important normative implications and consequences regarding the contract’s normative status are discussed. (shrink)

Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were invalid—which made (...) the underlying rights inalienable. Once understood, those arguments apply as well to today’s self-rental contract, the employer-employee contract. (shrink)

The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal (...) and undeclared work revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's (...) patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

(1996). Work without Labor contract and changing employment policy in Bulgaria. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 664-673.

The goal of the present research was to identify the mechanism through which job security exerts its different effects on organizational citizenship behaviors among contract and permanent employees from social identity and social exchange perspectives. Our research suggests two distinct, yet related explanatory mechanisms: organizational identification and psychological contract breach, to extend the job security literature by examining whether psychological contract breach and organization identity complement each other and explaining the mechanism of different behaviors response to job (...) security across employment status. Data were collected from 211 Chinese employees and 61 supervisory ratings of OCBs. Our results showed that relative to psychological contract breach, organizational identification plays a stronger mediating role in the association between job security and OCBs. Evidence from multi-group analyses also suggested employment status moderated the mediation mechanism of organizational identification between job security and OCB. Implications for job security and hybrid employment management are discussed. (shrink)

In this pithy and highly readable book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the purpose of analysing and coming to (...) understand the social contract. The book is not technical and requires no special background knowledge. As such, it could be enjoyed by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

We present a decision-theoretically motivated notion of contraction which, we claim, encodes the principles of minimal change and entrenchment. Contraction is seen as an operation whose goal is to minimize loses of informational value. The operation is also compatible with the principle that in contracting A one should preserve the sentences better entrenched than A (when the belief set contains A). Even when the principle of minimal change and the latter motivation for entrenchment figure prominently among the basic intuitions in (...) the works of, among others, Quine and Ullian (1978), Levi (1980, 1991), Harman (1988) and Gärdenfors (1988), formal accounts of belief change (AGM, KM – see Gärdenfors (1988); Katsuno and Mendelzon (1991)) have abandoned both principles (see Rott (2000)). We argue for the principles and we show how to construct a contraction operation, which obeys both. An axiom system is proposed. We also prove that the decision-theoretic notion of contraction can be completely characterized in terms of the given axioms. Proving this type of completeness result is a well-known open problem in the field, whose solution requires employing both decision-theoretical techniques and logical methods recently used in belief change. (shrink)

In clinical mental health research with children, both child and parent are essential members of the research team. The 3 R's of parent/child team membership are respect, rapport, and recognition. Respect and recognition include fair reimbursement for time, expense, and inconvenience, but the most important compensation for many families is the appreciation of the other team members for their sacrifice and cooperation. Reimbursement, although honoring the principles of justice and respect for persons, raises difficult issues about appropriate amount, particularly in (...) research involving children. The 3 R's are supported by the investigator 5 A's: attitude, adaptability, availability, attachment, and appreciation. Although the principles seem clear in the abstract, implementation encounters many practical problems. Perhaps the most difficult of these is determining the appropriate amount of compensation that avoids undue inducement but not at the expense of the 3 R's and 5 A's. (shrink)

Contract cheating, or plagiarism via paid ghostwriting, is a significant academic ethical issue, especially as reliable methods for its prevention and detection in students’ assignments remain elusive. Contract cheating in academic assessment has been the subject of much recent debate and concern. Although some scandals have attracted substantial media attention, little is known about the likely prevalence of contract cheating by students for their university assignments. Although rates of contract cheating tend to be low, criminological theories (...) suggest that people who employ ghostwriters for their assignments are likely to re-offend, and little is known about re-offence rates in this form of academic misconduct. We combined previously-collected datasets and conducted additional, and previously-unreported, analyses on self-report measures of contract cheating prevalence. We found that few students, on aggregate, ever engaged in contract cheating but this varied substantially among samples. Of those who ever engaged in contract cheating, 62.5% did so more than once. The data also suggested that engagement in contract cheating is influenced by opportunity. These figures may help policy makers, and researchers who are creating contract cheating detection methods, to estimate base rates of contract cheating and the likelihood of re-offence. (shrink)

In the paper "On the role of the research agenda in epistemic change", Olsson and Westlund have suggested that the notion of epistemic state employed in the standard framework of belief revision (Alchourrón et al. 1985; Gärdenfors 1988) should be extended to include a representation of the agent's research agenda (Olsson and Westlund 2006). The resulting framework will here be referred to as interrogative belief revision. In this paper, I attempt to deal with the problem of how research agendas should (...) change in contraction, a problem largely left open by Olsson and Westlund. Two desiderata of an appropriate solution are suggested: one is a principle of continuity, stating that changes in the research agenda should somehow reflect that certain long term research interests are kept fixed. The other desideratum, which is based on part of Olsson and Westlund's motivation for adding research agendas to the epistemic states, is that we should be able to account for how contraction may serve to open up new, fruitful hypotheses for investigation. In order to achieve these desiderata, I base my solution on a revised version of Olsson and Westlund's notion of epistemic state. (shrink)

This study aimed to estimate the indirect expenses borne by tenant farmers due to credits they receive in community salt farming operations managed through contract farming systems in Pamekasan Regency. Credits constitute a crucial aspect of tenant farmers’ rights within the community salt farming contract farming framework. This study employed a comparative analysis of the cost of funds based on the adopted contract farming models, specifically the two-way and three-way contract farming structures. Moreover, it investigated the (...) correlation between the cultivated salt field’s size and the magnitude of the cost of funds endured by tenant farmers. The results of the analysis reveal that the average costs of funds borne by tenant farmers are notably high, ranging from 5.24% to 6.71% per month. Surprisingly, these figures exceed the loan interest rates offered by two formal financial institutions: BRI and Bank JATIM. Another significant finding is the positive correlation between the size of cultivated salt fields and the magnitude of the cost of funds borne by tenant farmers. Lastly, there is a clear positive relationship between the credit amount received and the corresponding cost of funds endured by tenant farmers. The substantial costs of funds shouldered by tenant farmers involved in the community salt farming, operated through contract farming systems in Pamekasan Regency, signify inefficiencies within the contract farming structure. It is expected that the government can aid these tenant farmers by disbursing subsidized credits through collaborations with relevant ministries and local formal financial institutions. (shrink)

I reformulate the AGM-account of contraction (which would yield an account also of revision). The reformulation involves using introduction and elimination rules for relational notions. Then I investigate the extent to which the two main methods of partial meet contraction and safe contraction can be employed for theories closed under intuitionistic consequence.

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections (...) would indeed be better regulated by—and relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

The article analyzes the dysfunctional effects of the interaction between the education system and the labor market in modern Russia. It is shown that this problem is being actualized due to the shortage of personnel in particularly important sectors of the domestic economy, and that the existing system of training and retraining of personnel cannot cope with the elimination of the deficit. An administrative survey of Russian faculty conducted by IPEI RANEPA (N=21164) showed that a quarter of Russian faculty assess (...) the employment chances of their graduates as “satisfactory” — and this despite the record shortage of personnel in the domestic labor market. The survey data, supplemented by the graduates’ own view of their employment (qualitative research, ten in-depth semi- structured interviews with students/graduates of Moscow universities), allowed us to draw conclusions about the primary factors preventing the effective use of youth personnel in the interests of the country’s economy. Among the macro-level factors are a lack of a well-thought- out system for converting university graduate competencies into qualifications required in the labor market (both in the humanities and natural sciences), as well as a lack of interregional forecasting of demand for certain specialties; as a result, labor force mobility is reduced. At the micro level, the lack of competencies for a competent job search among young people leads to the loss of valuable time for a career start and ineffective interactions with potential employers. A new national project “Personnel” has the potential to be an effective tool in addressing these challenges. (shrink)

I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to (...) the theoretical, historical and practical questions about the legitimacy of government or of systems of moral rules. (shrink)

The study employs a sequential explanatory mixed-method design and aims to understand contract cheating behavior by conducting a survey of 1,081 undergraduate students in Indonesia and following up with five respondents to explore those results in more depth. In the first quantitative phase, we collected a variety of information from questionnaires about students’ practice with contract cheating. However, the interviews provided considerable depth of the students’ experiences, motivations, and attitudes toward contract cheating. Of the 1,081 participants, 73 (...) students (6.75%) reported engaging in contract cheating. The survey responses revealed preliminary insight into students’ experiences with contract cheating and the prevalence of this phenomenon in Indonesia. In the semi-structured interviews with a subsample of survey participants (n = 5), we applied the theory of planned behavior (TPB) to elicit attitudes, subjective norms, and perceived behavioral controls toward contract cheating. Our study revealed that students will have a higher chance of pursuing contract cheating when: (a) they believe that contract cheating provides various benefits (positive attitude toward contract cheating), (b) many of their friends are doing the same thing and expect them to do the same (subjective norms), and (c) they can control their contract cheating behavior to avoid being caught (perceived behavioral control). (shrink)

Recent figures show that 151.7 million nonelderly Americans who had private insurance received that insurance from their employers (out of 167.5 million with private insurance). Employers who contract with health plans on behalf of their employees influence the health of their employees and, in turn, the nature and quality of the healthcare system in the United States. Despite the magnitude of their influence, they have been relatively free from both government and ethical guidance with respect to the specific substantive (...) benefits they offer their employees. Employers have enormous discretion with respect to what substantive benefits they include in employer health plans because they are governed by the Employment Retirement Security Act (ERISA). But the decisions that employers make when they choose benefits for their employees are just as much rationing decisions in need of bioethical analysis as are the rationing decisions that are made at the bedside by patients, physicians, and their families. Moreover, even strong discretion, of the kind employers have, is subject to ethical standards. (shrink)

This article explores a new form of epistemic injustice related to computers and data mining in our interconnected world. I argue that data mining, as it is currently practiced, not only perpetuates but also contributes to a moral injustice primarily driven by economic factors. By employing Gaile Pohlhaus’s theoretical framework, the paper establishes criteria that classify data mining as a form of epistemic injustice (P1) and demonstrates its differentiation from other known forms in existing literature (P2). Through a comprehensive analysis (...) of data mining’s alignment with these criteria, the article highlights its unique nature and draws attention to its previously overlooked manifestation of epistemic injustice. By comparing data mining to established forms of epistemic injustice, this research underscores the urgent need for a critical examination of this ethical dilemma arising from technological advancements. (shrink)

This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For a waiver of such (...) rights to be valid, however, employees must have full knowledge of its terms.The question addressed here bears on several legal and policy issues affecting termination of the employment relation. If employees can contract away their right to a goodcause discharge, the American doctrine of employment at willmight find justification in the face of that right. In addition, the alienability of such discharge rights may be necessary to justify express disclaimers of wrongful discharge liability and the waiver provision of the new U.S. Draft Uniform Employment-Termination Act. (shrink)

The first part of the paper presents three little arguments from theism to idealism. The second part employs these arguments to make sense of a puzzling doctrine of Jewish mysticism: the doctrine of divine contraction (heb. tzimtzum).

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and (...) specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

Traditionally many systems subjected public employees to a separate and more restrictive labour law regime than their private sector counterparts. However, these status-based restrictions were generally modified or abandoned during the 1960s and 1970s. Greater homogeneity of treatment of public and private sector workers was also subsequently reflected in employment practices in Britain and elsewhere as a product of the «marketization» of public services, a strategy which involved replacing centralized regulation by greater local determination in accordance with «business» needs. (...) More radically, the provision of some public services was removed from the public sector altogether, either by contracting out particular elements of the service or by wholesale privatization, subject to some form of regulatory regime. These changes may appear to render otiose discussion of the case for special treatment of the employment relation in public services. This article expounds the proposition that, on the contrary, public services possess distinctive qualities which necessitate regulation of the employment relationship within those services in areas beyond those covered by the general law, and aims to provide a framework within which the justification for specific additional measures can be assessed. The article also considers the further questions which need to be addressed if the framework it proposes is accepted, including, in particular, the appropriate mechanisms for imposing and enforcing regulation. (shrink)

Silvia Castellazzi shows how companies can implement their corporate responsibility and support employability and access to training in an incentive-compatible manner. The study provides insights into unrealized cooperation and disincentives which prevent companies from investing in a shared pool of employable and skilled people. The research draws on the theoretical framework of the economic ethics and on in-depth interviews with key stakeholders in two European countries. Findings show that incentives for investments in training are selective and might reinforce path-dependencies and (...) exclusion, while not supporting cooperation and productive competition. The study also shows the value of conceptualizing employability as a social rather than a psychological contract to facilitate investments and the implementation of corporate responsibility. Contents Trends and Conflicts in Employability and Provision of Training Incentives Structures and Stakeholders' Strategies A Social Contract for Employability Target Groups Researchers in business ethics, employee relations, further education and training HR and training managers; CSR managers The Author Silvia Castellazzi works as account manager in the corporate education division of MIP Graduate School of Business (Politecnico di Milano). Her research interests and activities are focused on professional and executive education, corporate responsibility and decision-making, the future of work and new forms of work organization. (shrink)

The notion of emergence has received much renewed attention recently. Most of the authors I review (§ II), including most notably Robert Batterman (2002, 2003, 2004) share the common aim of providing accounts for emergence which offer fresh insights from highly articulated and nuanced views reflecting recent developments in applied physics. Moreover, the authors present such accounts to reveal what they consider as misrepresentative and oversimplified abstractions often depicted in standard philosophical accounts. With primary focus on Batterman, however, I show (...) (in § III), that despite (or perhaps because of) such novel and compelling insights; underlying thematic tensions and ambiguities persist nevertheless, due to subtle reifications made of particular (albeit central) mathematical methods employed in asymptotic analysis. I offer a potential candidate (in § IV), for regularization advanced by the theoretical physicist David Finkelstein (1996, 2002, 2004). The richly characterized multilinear algebraic theories employed by Finkelstein would, for instance, serve the two-fold purpose of clearing up much of the inevitably “epistemological emergence” accompanying divergent limiting cases treated in the standard approaches, while at the same time characterize in relatively greater detail the “ontological emergence” of particular quantum phenomena under study. Among other things, this suggests that the some of the structures suggested by Batterman as essentially involving the superseded theory are better understood as regular algebraic contraction (Finkelstein). Because of the regularization latent in such powerful multilinear algebraic methods, among other things this calls into question Batterman’s claims that explanation and reduction should be kept separate, in instances involving singular limits. (§ V). (shrink)

Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their 'license to operate.' The appearance of these trends (...) in individual and organizational behavior towards outcomes that are more explicitly congruent with ethical and social values has significant implications for understanding the psychological contracts being created today. In this paper, we examine issues associated with the psychological contract and ethical standards of behavior, focusing on both the individual and organizational levels. (shrink)

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We (...) standardly think that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

The COVID-19 pandemic has changed the landscape of working conditions world-wide, fast tracking the reality of the digital-driven workplace. Concepts such as remote working, working-from-home and hybrid working models are now considered as the “new normal.” Employes are expected to advance, flourish and survive in this digitally connected landscape. Different age and generational groups may experience this new organizational landscape differently and may expect different organizational outcomes in exchange for their inputs. Accordingly, the study investigated differences regarding the value-oriented psychological (...) contract expectations of employes from different generational groups. An ANOVA test for significant mean differences and a post hoc test for multiple comparisons were conducted on a sample of employes in the services industry in Southern Africa and other European countries. The observed generational cohort differences regarding value-orientated psychological contract expectations for job characteristics and work-life balance could be utilized to develop interventions and strategies to promote retention of employes in the post-pandemic digital-orientated workplace. (shrink)

Based on European National Transfer Accounts data from 2010, this paper quantifies and evaluates the balance of intergenerational transfer flows in 16 EU countries, including transfers in the form of unpaid household work. On average, the value of net transfers received by a child amounts to sixteen times the labour income of a full-time worker, and the net transfers received by an elderly person to six times the labour income of a full-time worker. Intergenerational transfers can be regarded as the (...) reciprocal exchange between two generations: the size of the transfers to the child generation determines their potential to generate income and finance public transfers to the elderly population once they enter employment. We develop and calculate an indicator to analyse if there is a balance between transfers to children and transfers expected by the elderly population. The results indicate that in most of the analysed countries the human capital investments in children are far too low to finance the generous transfers to the elderly population in the future. (shrink)

Responsibilities towards employees constitute a recognised general subject area in the field of business ethics. Thus, research has been done regarding respecting employees’ rights to fairness in dismissal procedures, to their privacy, to a fair wage, etc. Employee loyalty has also been shown to be very important both in management literature and in legal debate but much less attention has been given to employer loyalty which could be one of the responsibilities of an employer to his or her employee. Rather, (...) some confusion regarding the nature of loyalty has at times led to suggestions that loyalty should be replaced by self-interest. However, scholars who favour this view usually do so in reaction to the one-sidedness of loyalty expectations. This paper proposes that loyalty is a duty that employers also owe their employees, based on the reciprocal nature of certain rights and duties within human relationships and an understanding of psychological contracts. Thus the paper argues that loyalty should be a mutual expectation between the parties rather than unidirectional. In fact, employer loyalty enriches the employers themselves in terms of their human fulfilment, since it is a human virtue, and leads to employee loyalty response, which then impacts the bottom-line.The paper’s content is also important insofar as it could contribute to building ethical duty foundations for employers in developing countries where weak regulatory environments combine with the harshness of the economy to make it an employers’ world and make instances of unfairness towards employees common. (shrink)

Employment-at-will (EAW) is the legal presumption that employers and employees may terminate an employment relationship for any or no reason. Defenders of EAW have argued that it promotes autonomy and efficiency. Critics have argued that it allows for the domination, subordination, and arbitrary treatment of employees. We intervene in this debate by arguing that the case for EAW is contextual in a way that existing business ethics scholarship has not considered. In particular, we argue that the justifiability of (...) EAW for a given jurisdiction depends on existing complementarities among the institutions that constitute the jurisdiction’s political economy. Notably, our view takes seriously the ethical concerns EAW critics have raised by showing how these concerns can be mitigated through public policy measures that do not require eliminating EAW. (shrink)

This paper aims to rethink the reason why nineteenth century common lawyers required a promise to be ‘accepted’. James Gordley expresses his opinion on this matter that they did it just in order to answer the annoying question of why and when a promise was binding. He might be right if he were dealing with the nineteenth century civil lawyers. But he cannot explain why common law of contract still employs the doctrine of consideration and refuses to replace the (...) concept of promise with the notion of offer, despite the doctrine of offer and acceptance. This paper reminds readers that the word promise is rather moral than legal. Thenineteenth century common lawyers wanted not to lose the moral force of this word, so they could not exchange a promise for an offer. What they actually did is not to require a promise to be ‘accepted’ but to require ‘a promise’ to be accepted. (shrink)

Rights claims are ubiquitous in modernity. Often expressed when relatively weaker agents assert claims against more powerful actors, especially against states and corporations, the prominence of rights claims in organizational contexts creates a challenge for virtue-based approaches to business ethics, especially perspectives employing MacIntyre’s practices–institutions schema since MacIntyre has long been a vocal critic of the notion of human rights. In this article, I argue that employee rights can be understood at a basic level as rights conferred by the rules (...) constitutive of practices. As such, employee rights correspond to the obligations of practitioners to treat fellow practitioners according to the standards of excellence and requirements of justice. Thus, one way that managers can ensure that their core practice is well-functioning is to recognize employee rights. One implication of this argument is that managers should adopt a more positive stance toward labor unions, insofar as they are a key way for employees to ensure that their voice is heard, and their rights respected. (shrink)

From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early modern practice (...) of excluding Amerindians from international political forums is related to the negative representation of indigenous peoples in the dominant theoretical discourse of the time: social contract theory. The diplomatic activities of the Iroquois, and the members of the League during this time period, demonstrate exactly how social contract theory has relied on presenting indigenous peoples as residing in a non-political and non-sovereign form, thus denying them the right to participate at the international level on par with other peoples. (shrink)

The psychological contract refers to the implicit and subjective beliefs regarding a reciprocal exchange agreement, predominantly examined between employees and employers. While contemporary contract research is investigating a wider range of exchanges employees may hold, such as with team members and clients, it remains silent on a rapidly emerging form of workplace relationship: employees’ increasing engagement with technically, socially, and emotionally sophisticated forms of artificially intelligent (AI) technologies. In this paper we examine social robots (also termed humanoid robots) (...) as likely future psychological contract partners for human employees, given these entities transform notions of workplace technology from being a tool to being an active partner. We first overview the increasing role of robots in the workplace, particularly through the advent of sociable AI, and synthesize the literature on human–robot interaction. We then develop an account of a human-social robot psychological contract and zoom in on the implications of this exchange for the enactment of reciprocity. Given the future focused nature of our work we utilize a thought experiment, a commonly used form of conceptual and mental model reasoning, to expand on our theorizing. We then outline potential implications of human-social robot psychological contracts and offer a range of pathways for future research. (shrink)

Psychological contracts represent perceived reciprocal obligations between an employer and an employee. Most research has focused on employee or employer rights (the entitlement side of the obligation equation). We examine the responsibilities inherent in psychological contracts. After reviewing the moral aspect of psychological contracts, we use the issue of tenure as a discussion point for this topic.

This paper presents a dynamic perspective in which the psychological contract is treated as a structured set of beliefs that are held by individual employees about the mutual obligations of the organization as employer and themselves as employees. This set of beliefs is assumed to produce a state of commitment to the organization in which the employee is willing to accept work roles and tasks offered by the organization, and to carry them out in accordance with certain standards. The (...) dynamic model that is presented can help to explain why the commitment of employees remains relatively stable over time, and why it may suddenly decrease or increase under circumstances that are perceived as critical by the employee. The model assumes that the employee's evaluation of the organization's behavior changes over time, but that the structure of the psychological contract and the associated commitment change only when certain limits are overstepped. This perspective on changes in the psychological contract transforms the concept into a powerful construct that may lead to fruitful research on the dynamics of organization-employee relationships. Implications for future research are discussed. (shrink)

This article develops contractarian business ethics by applying social contract arguments to a specific question: What are the pre-legal (or moral) rights and responsibilities of corporations? The argument uses a hypothetical social contract to show the existence of for-profit corporations in democratic capitalist societies is consistent with Rawls’s fundamental principles of justice. Corporations ought to have recognised their rights to be autonomous, to pursue private purposes, and to engage in economic activities. Corporations have a responsibility to respect the (...) freedom and human rights of all people, and not to interfere with government programs that ensure people have the education and training they need to find and keep corporate employment and that provide a safety-net that prevents destitution. If corporations have any other rights and responsibilities, those rights and responsibilities need to be established by actual social contracts, probably in the form of legitimate democratic processes. (shrink)