This article investigates the implementation of the International Safety Management Code in the Chinese chemical shipping industry. In particular, it examines the tension between management focus on speedy production and seafarers’ participation in safety-related decision-making and analyses how this tension is managed. It shows that while on paper companies have policies stating safety commitment in compliance with the International Safety Management Code, in practice shore management tends to prioritise efficient production. When Occupational Health and Safety and ship’s sailing schedules are in conflict, managers implicitly request shipmasters to prioritise the ‘core interest’ of the company. Although the International Safety Management Code endows shipmasters with overriding authority in relation to shipboard safety management, they tend to read between the lines and tacitly follow managers’ intentions. The study suggests that if the implementation of the International Safety Management Code makes a difference, it is the practice that managers become more subtle in giving orders to exert their dominance. The study further reveals that the management’s practice is not only irresponsive to seafarers’ safety concerns, but also makes rather limited contributions to promote Occupational Health and Safety management.
The use of external labour such as temporary agency workers in the general workforce has increased in recent decades, but comparatively little is known about their impact within the aged care workforce. This article analyses quantitative data from a census of aged care facilities and a large-scale survey of their workforce regarding the use and impact of temporary agency workers on internal workers. It demonstrates that employing temporary agency workers helps address labour shortages generally and skill shortages in particular. However, it has a negative impact on the job satisfaction of internal personal care workers – a predictor of an increase in intention to leave. In contrast, there was little impact on internal nurse satisfaction. The use of temporary agency workers could therefore create a paradox: increasing personal care worker numbers in the short term, but negatively impacting on their retention in the long term. Given the need for an expanded and sustainable aged care workforce, this finding has important implications for organisations, policy and unions.
Over the last quarter century, enterprise bargaining has evolved to be a primary mechanism through which wages and conditions of employment are determined in Australia. Since the introduction of the Fair Work Act, the process for negotiating enterprise agreements has been governed by principles of good faith bargaining. There has been considerable debate over the potential for these provisions to change the dynamics of bargaining, yet empirical evidence of these effects remains limited. This article reports on a field study investigating the experiences of industrial parties negotiating enterprise agreements during the first three years of the Fair Work Act. Drawing on the tribunal's own case management database, along with a large sample of interviews, the study provides a more systematic examination of the extent to which the parties have deployed the new principles governing collective bargaining, with a particular focus on good faith provisions, and whether these principles have altered the dynamics of bargaining practices.
Labour legislation in China does not clearly stipulate the legality of strikes. The prevalent view amongst scholars is that strikes are legitimate because ‘everything which is not prohibited is allowed’. However, our analysis of court rulings on 897 strike cases between 2008 and 2015 indicates otherwise. The converse principle, ‘everything which is not allowed is prohibited’, seems to prevail. Of the two established doctrines (per se violation and rule of reason), the former appears to be preferred. The majority of court decisions routinely uphold the employer’s decision to dismiss strikers, on the grounds that the strikers violated work rules against work stoppages, and that the strike is illegitimate. Only a small number of decisions take into account the context of employees’ demands and the reasonableness of their conduct, and determine that they are engaged not in work stoppages but in ‘negotiations’. The disproportionate adoption of the principle of per se violation in collective action cases indicates a dominance of a formalist approach to legal reasoning, which is underpinned by the courts’ professional conservatism and political duty in the current Chinese politico-economic environment.
The gender pay gap of higher paid women working in traditionally male-dominated sectors has received less analysis in equal pay research than low paid, female-dominated and undervalued women’s work. This article explores equal pay from the perspectives of female engineers, well paid women working in a Science, Technology, Engineering and Mathematics (STEM) sector in New Zealand, who perform work of the same or like nature to male engineers but who are paid less for doing so. It explores the gender pay gap against the complex intersections of labour market de-regulation, family demands, work and the ‘cost of being female’ that women in engineering must constantly navigate. The research uses quantitative pay data in the sector disaggregated by gender, and new qualitative data from focus groups and interviews with 22 female engineers. It finds a surprising lack of transparency around pay and remuneration in the sector at the individual level which negatively impacts on women. The article concludes by recommending new public policy initiatives for equal pay in sectors like engineering, where individualised negotiation and bargaining is embedded in neo-liberalism.
Canada has two parental leave benefit programs for the care of a newborn or adopted child: a federal program, and, since 2006, a provincial program in Québec. Informed by a social reproduction framework, this article compares access to parental leave benefits between Québec and the rest of Canada by family income and by its two different programs. Our analysis of quantitative data reveals that maternal access to leave benefits has improved dramatically over the past decade in the province of Québec, especially for low-income households. By contrast, on average 38% of mothers in the rest of Canada are consistently excluded from maternity or parental benefits under the federal program. We argue that one key explanation for the gap in rates of access to benefits between the two programs and between families by income is difference in eligibility criteria. In Canada, parental leaves paid for by all employers and employees are unevenly supporting the social reproduction of higher earners. Our article draws attention to the need for greater public and scholarly scrutiny of social class inequality effects of parental leave policy.
This conceptual article argues that preferences of employers for collective action cannot be reduced to rational actors making decisions based on market structures or institutional logics. Both markets and institutions are inherently ambiguous and employers therefore have to settle for plausible – rather than accurate – rational strategies among many alternatives through so-called sensemaking. Sensemaking refers to the process by which employers continuously make sense of their competitive environment by building causal stories of competitive advantages. The article therefore tries to provide a better understanding of how preferences for collectivism are formed, sustained and potentially changed by identifying dominant and competing stories that either reinforce or challenge preferences for collectivism. Hereby, the article fills a theoretical, empirical and methodological void in studies that allude to the ambiguous role of markets and institutions but do not study how actors deal with this ambiguity. The sensemaking concept is illustrated with an analysis of wage bargaining in Denmark during the recent recession when Danish labour cost competitiveness was in a deplorable state. However, unlike countries in similar situations, for example Finland and Sweden, Danish employers retained a coordinated industry-level bargaining system, which makes it an interesting paradox to study from the vantage point of sensemaking.
This article examines ongoing issues associated with workplace drug testing through a recent case which has resulted in revaluation of the customs, practices and standards around the use of illicit drugs inside and outside the workplace. These changes have seen the issue of workplace drug testing remain a contentious issue in the Australian employee relations landscape.
Academic pay loadings are one potential mechanism of gender pay disparity in universities. Drawing on a large-scale survey of Australian academics with over 8000 respondents, we analyse how ‘discretionary’ and higher duties loadings (or bonuses) are distributed between men and women, and investigate the reasons for such distributions. Investigating both incidence and quantum, we find that discretionary loadings are particularly susceptible to gender influences. We explain this finding in terms of the concepts of regulation distance and the meritocracy paradox. The findings have implications for the design of loadings schemes in universities, and, by implication, in other kinds of organisations that provide loadings.
Work performed under cash-for-care programmes is based on a relationship between several parties, including, at a minimum, the workers providing the services, the care recipients and the public authorities that manage and fund these programmes. Labour law studies have pointed out that the labour relations regulation is not adapted to this type of non-standard employment relationship since it has been founded on the norm of the integrated firm and bilateral employer–employee relations. Based on a case study of a cash-for-care programme in Quebec, Canada (i.e. the Service Employment Paycheque plan), our socio-legal analysis confirms the weak protection of collective labour rights provided to Service Employment Paycheque plan workers. It also describes how the application of the legal regulation of labour relations to this organizational model fails to take into account the power exercised by the public authorities and demonstrates the impact of this failure in terms of precarization of work and its gendered devaluation.
Drawing on qualitative interview data from case studies in Scotland and Canada in the post 2008 era, this article explores the impact of austerity policies on the conditions and experience of employment in two nonprofit social service agencies and their shifting labour process. Despite differences in context, the article finds a similarity of experience of austerity-compelled precarity at several levels in the agency. This precarity increased management control and evoked little resistance from employees. These findings contribute to our understanding of austerity as articulated differently in different contexts, but experienced similarly at the front lines of care work.
Using feminist political economy, this article argues that companions hired privately by families to care for residents in publicly funded long-term care facilities (nursing homes) are a liminal and invisible labour force. A care gap, created by public sector austerity, has resulted in insufficient staff to meet residents’ health and social care needs. Families pay to fill this care gap in public funding with companion care, which limits demands on the state to collectively bear the costs of care for older adults. We assess companions’ work in light of Vosko’s (2015) and Rodgers and Rodgers’ (1989) dimensions for precariousness. We discuss how to classify paid care work that overlaps with paid formal and unpaid informal care. Our findings illuminate how companions’ labour is simultaneously autonomous and precarious; it fills a care gap and creates one, and can be relational compared with staffs’ task-oriented work.
This article presents a case study analysis of Social Worker Overload, a digital media story created by the American Federation of State, County and Municipal Employees (AFSCME) and shared publicly using the social media site YouTube. This story uses worker testimonials to present a compelling story about the effects of neoliberalism on social care work in the field of child protection. This story illustrates how the Department of Children and Family Services (DCFS) in Washington State uses ‘evidence based practice’ discourses to limit the forms of knowledge that may be utilized in discussions of work overload and work design within the child protection system. Through the creation and sharing of a digital media story about their experiences, the workers present narratives demonstrating how these and other elements of neoliberalism limit the workers’ capacity to actualize the potential benefits of professional social work. Finally, the analysis considers the process of worker advocacy using digital media practices, highlighting the roll that unions play in facilitating this type of resistance.
This article examines missed care through dialogues examining the perceptions of nurses in regard to missed care occasions. Using a critical discourse analysis (CDA), the study explores the truth claims of participants who describe the challenges they encounter in daily attempts to deliver what they consider effective patient care. These are compared to the mandates of state and organisational policy prescribing clinical practice. The boundaries of tension that are expressed by nurses within the milieu of missed care are explored through in-depth interviews. CDA is interested in social organisation and the interplay of people's activities within it, the focus being on how they construe and internalise such activity. Nurses' perceptions and realities become central to any investigation because they are often organised by more than their own intentions or motivations, with influences such as professional standards or organisational rules subconsciously locating their reality. Instead of identifying occasions of omitted care, nurses spoke of constraints related to budget, staffing, skill mix and mandated policy as constraining their ability to complete care activities. Factors emerged that suggest that missed care is the consequence of routinised and standardised practice, cited as cost effective care, at the expense of professional autonomy.
In the past few decades, scholarship on immigrant workers has produced two contrasting images that remain theoretically unresolved. In the 1970s and 1980s, low-wage immigrant workers were viewed as target earners whose attachment to jobs in the US was seen as temporary. By contrast, recent scholarship has depicted immigrant workers as a potent social force whose quest for dignity and full societal membership is seen as having galvanized a moribund labour movement. This study draws from the lived experience of low-wage immigrant workers to examine how they relate to their socio-economic circumstances, and what, if anything, motivates their resistance to the status quo. Analysing interview data from immigrant workers in janitorial and nursing assistant occupations in the US, I delineate how workers construct dignity by reframing the meaning of work, transferring aspirations for social mobility to their children, and resisting stereotypes of immigrant workers to generate dignified collective identities. I conclude with a discussion that aims to shed light on the contrasting and contentious views of immigrant workers and their position in the American labour movement.
The Australian National Disability Insurance Scheme (NDIS) introduces a national cash-for-care model for disability support and care. The NDIS has been hailed as a significant advance in social care provision for people with disability, bringing both additional funding and choice and control. However, little attention has been paid to how the shift to a cash-for-care system will impact on the working conditions of disability support workers. The international literature suggests three main factors shape better or poorer employment outcomes for workers in cash-for-care schemes: the extent to which cost containment underpins scheme design; the regulation and monitoring of care delivery; and the regulation of care employment. In this article, we explore these factors through an analysis of the planning, design and initial implementation of the NDIS and make a preliminary assessment of how the new scheme might shape care workers’ employment conditions.
This article examines union efforts to recruit and mobilise precarious workers in a hostile environment. Formidable obstacles confront organisers’ attempts to mobilise workers to engage in collective action at workplace level in the Irish hotel sector. After an initial grassroots organising campaign, the Services Industrial Professional and Technical Union (SIPTU) adopted a public campaign as an alternative strategy to secure improvements in pay and working conditions in the sector. Our findings indicate that the union’s inability to create a sense of collective identity among workers or establish strong support for union organisation at workplace level was due to a combination of external economic factors and challenges at this level. In the absence of such support, the impact of a public union campaign is less widely felt by employers. We evaluate the extent to which this type of campaign can substitute for weak grassroots mobilisation and provide a sustainable basis for union presence in the sector.
Australian horticulture (fruit and vegetable production) relies upon a seasonal harvest workforce, much of which now consists of temporary migrant workers. This article argues that the composition of this workforce and the character of the work lead towards layered vulnerability, some groups being more exposed to low pay and substandard working conditions than others. Formally at least, employment conditions are generally protected by the federal Horticulture Award (2010). But are decent employment standards consistently observed? The article explores this question, examining three issues. First, does analysis of workforce composition reveal different tiers in the workforce, some more vulnerable than others? Second, do the casual nature of harvest work and the job search processes used by temporary migrant workers create disadvantaged groups? Third, does evidence about pay, working hours and work intensity reveal some workers to be more vulnerable than others? The article concludes with an examination of those factors that appear to be associated with layered vulnerability in the harvest workforce, and considers some policy implications.
The literature on the Danish and Norwegian labor market systems emphasizes the commonalities of the two systems. We challenge this perception by investigating how employers in multinational companies in Denmark and Norway communicate with employees on staffing changes. We argue that the development of ‘flexicurity’ in Denmark grants Danish employers considerably greater latitude in engaging in staffing changes than its Nordic counterpart, Norway. Institutional theory leads us to suppose that large firms located in the Danish setting will be less likely to engage in employer–employee communication on staffing plans than their Norwegian counterparts. In addition, we argue that in the Danish context indigenous firms will have a better insight into the normative and cognitive aspects to flexicurity than foreign-owned firms, meaning that they are more likely to engage in institutional entrepreneurialism than their foreign-owned counterparts. We supplement institutional theory with an actor perspective in order to take into account the role of labor unions. Our analysis is based on a survey of 203 firms in Norway and Denmark which are either indigenous multinational companies or the subsidiaries of foreign multinational companies. The differences we observe cause us to conclude that the notion of a common Nordic model is problematic.
Trade unions often face complex and uncertain relations with multinational employers, particularly in old industrial regions. Such corporations have long histories in such regions, often attracted by a range of incentives such as financial support, cheap energy and a skilled workforce. However, the plants themselves often experience changes in ownership and face economic uncertainty. This constitutes the terrain within which recognised unions seek to organise, exercise their capacities and realise their purposes. Workers and their unions organise and operate in these plants, usually developing established routines and practices in relation to the terms and conditions of employment and advocacy of worker concerns. However, they also face difficult choices in relation to corporate decisions to restructure and/or close regional plants. In order for unions to respond to the shifting terrain of the employment landscape they must be able to mobilise around political and economic factors that impact on employment. These themes are addressed with specific reference to union struggles in North West Tasmania, a region that is undergoing a process of de-industrialisation.
This article defines ‘human resources’ as the overt talents and underlying characteristics that people possess, and identifies three agendas in human resource management: the individual, the organisational and the societal/global. The academic discipline of human resource management (HRM) has grown up around the second agenda: the needs of managers to hire, motivate and develop people with the talents that organisations need. Like the curate’s egg, it is of variable quality: a tension between ‘best-practicism’ and analytical thinking is still present in it. Research in industrial relations has been more helpful in describing the spread of employer behaviour and analysing the reasons for it. However, the growing emphasis in academic HRM on understanding the psychological and social processes inside the ‘black box’ of the firm is encouraging the study of mutuality and sustainability in employment relationships. This direction has the potential to make academic HRM more relevant at the societal level where we confront issues of underutilisation and overutilisation of human resources and where we have a mix of human resource philosophies that both help and harm society. The challenge is to build a theory of how organisations can meet their needs for profit and renewal while supporting employee fulfilment and well-being over the long-run.
The frequent claim that employment relations have become irrelevant is not new: it has been cyclically repeated over the last 40 years. What recent times have provided is critical cases where employment relations have been actively marginalised in the pursuit of an ideal neoclassic labour market: new market economies of Central Eastern Europe, recent reforms in crisis countries in Southern Europe and global competition on labour costs. The disastrous effects of these experiments confirm, in fact, the relevance of employment relevance.
Union membership rose slightly, and density fell slightly, in 2013. More substantial falls were recorded in strike volumes, especially in ‘illegal’ strikes. A substantial part of some unions' time was taken up by the courts. For other unions, much time was taken up by (ultimately unsuccessful) party political campaigning. Campaigns in the service sector appeared to encounter major obstacles. Conservative governments at state levels made life very difficult for unions, some passing laws that evoked extensive opposition. A new conservative federal government looked set to follow suit, albeit subject to its own political constraints. But if unions thought that 2013 was challenging, 2014 looked set to take the challenges to a new level.
This article demonstrates that by contracting-out government services, the employment relationship has changed: workers’ labour standards are now regulated through the combination of traditional labour law mechanisms and lesser understood contract law mechanisms. This has changed the regime of regulation and enforcement of labour standards for employees performing services that have been contracted out, in ways that deserve more attention. Evidence is drawn from a case study of New South Wales (NSW) government school cleaners, conducted between October 2010 and April 2011, which finds that cleaners’ labour standards are regulated predominantly through commercial contracts for services. This is concerning because contracts are designed to facilitate commercial objectives such as competition and efficiency, and are poorly designed to protect labour standards. When used as a mechanism to enforce labour standards, contracts fail to meet the requirements of responsive regulation; contracts have limited enforcement tools and a weak credible threat of a ‘big stick’ style of punishment for infringements.
Despite ongoing ‘boom’ conditions in the Australian mining industry, women remain substantially and unevenly under-represented in the sector, as is the case in other resource-dependent countries. Building on the literature critiquing business-case rationales and strategies as a means to achieve women’s equality in the workplace, we examine the business case for employing more women as advanced by the Australian mining industry. Specifically, we apply a discourse analysis to seven substantial, publically-available documents produced by the industry’s national and state peak organizations between 2005 and 2013. Our study makes two contributions. First, we map the features of the business case at the sectoral rather than firm or workplace level and examine its public mobilization. Second, we identify the construction and deployment of a normative identity – ‘the ideal mining woman’ – as a key outcome of this business-case discourse. Crucially, women are therein positioned as individually responsible for gender equality in the workplace.
Immigrants experience many obstacles in obtaining jobs with comparable pay and conditions to native workers. Arguably, unionisation could offer migrant workers the mechanism to obtain better pay and conditions. This paper examines whether migrant workers have benefited from unionisation in terms of pay, pensions and health insurance in Ireland. Based on a large-scale national survey, we find that union membership delivers a modest wage premium of a relatively similar magnitude to both nationals and immigrant workers. Unionised immigrants are twice as likely as non-unionised immigrants to earn above the median hourly earnings and have greater pension coverage. In particular, immigrants from the new accession states in the European Union, with the lowest mean hourly earnings of any immigrant group, gain the most from union membership. Nonetheless, Irish nationals enjoy greater benefits from membership than immigrant workers. Addressing this discrepancy will require a greater focus by unions on organising immigrant workers.
This article explores first-time mothers’ readiness to return to paid work at approximately 18 weeks postpartum. In particular, it explores how aspects of one’s workplace, home, community, baby and self shape readiness to return to work and how levels of adjustment to early motherhood relate to levels of readiness to return to work. Semi-structured telephone interviews were conducted with 26 first-time mothers at approximately 18 weeks postpartum. Overall, participants demonstrated a lack of self-perceived readiness to return to work even though they demonstrated a high level of self-perceived adjustment to early motherhood. The lack of readiness to return to work was largely affected by baby and individual factors such as the baby’s developmental stage and women’s wish to spend more time with their baby. This evidence raises issues about whether 18 weeks of Parental Leave Pay is enough to ensure first-time mothers’ readiness to return to work.
Enforcement of workplace health and safety regulations remains a contentious matter, especially in the context of Australia’s project to harmonise commonwealth, state and territory workplace health and safety legislation. This article presents the findings of a qualitative study investigating policies and practices associated with prosecution and enforcement in two Australian regulatory agencies, prior to harmonisation. The article finds that by 2008, both regulators had taken significant steps to render their enforcement policy and practice, particularly in relation to prosecution, more transparent and accountable to employers and the wider community. They produced detailed and publicly available enforcement policies and prosecution guidelines, reconfigured the work of the general inspectorate (confining it to routine workplace health and safety surveillance and the provision of education and advice to employers) and established a separate administrative unit responsible for investigation and prosecution. Both regulators structured prosecution processes to achieve explicitly technocratic outcomes, namely, enhanced efficiency, objectivity, timeliness, consistency and quality improvement in investigations. These processes went hand in hand with a dramatic decline in the use of prosecution in New South Wales from 2002 to 2010, and an uneven but marginal increase in Victoria for the same period. The article concludes by discussing what these findings might imply for workplace health and safety regulators’ approaches to prosecution and for deterrence under Australia’s new harmonised regime.
Employment standards (ES) are legislated standards that set minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. In Canada, the majority of workers rely on ES for basic regulatory protection; however, a significant ‘enforcement gap’ exists. In the province of Ontario, this enforcement gap has been exacerbated in recent years due to the deregulation of ES through inadequate funding, workplace restructuring, legislative reforms that place greater emphasis on individualized complaints processes and voluntary compliance, and a formal separation of unions from ES enforcement. The implications of these developments are that, increasingly, those in precarious jobs, many of whom lack union representation, are left with insufficient regulatory protection from employer non-compliance, further heightening their insecurity. Taking the province of Ontario as our focus, in this article we critically examine alternative proposals for ES enforcement, placing our attention on those that enhance the involvement of unions in addressing ES violations. Through this analysis, we suggest that augmenting unions’ supportive roles in ES enforcement holds the potential to enhance unions’ regulatory function and offers a possible means to support the ongoing efforts of other workers’ organizations to improve employer compliance with ES.
One option for reversing US union decline, requiring no legislative change, would involve re-legitimizing non-majority or minority union representation, allowing unions to organize without running the gauntlet of union certification. Such minority representation, applicable only to workplaces without majority union support on a members-only basis, could run in parallel with the existing system of exclusive representation in workplaces where majority support is achieved. The increased representation in the currently unrepresented workplaces would inevitably promote workers’ collective voice and contribute to union revival. However, minority unionism has been criticized for breeding union competition because it is non-exclusive. In this paper, the nature and extent of inter-union conflict under minority unionism are re-examined, using survey data from unions in New Zealand which already has non-exclusive, minority union representation. The low levels and consequences of conflict suggest that the benefits of minority unionism far outweigh any potentially unfavourable effects.