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Employment Protection, Threat and Incentive Effects on Worker Effort 就业保护、威胁和激励对工人努力的影响
Pub Date : 2008-05-02 DOI: 10.2139/ssrn.1004486
S. Bradley, Colin Green, G. Leeves
This paper provides new evidence on the effect of changes in employment protection on worker effort. We use novel multi-organization data to examine changes in worker absence as workers move from temporary to permanent employment contracts. Earlier research has demonstrated very large negative effects of employment protection on effort. We find that the magnitudes of these effects are substantially smaller than those identified in previous studies. It has been suggested that the negative effect on effort is due to a fear of dismissal. We demonstrate that the absence behaviour of temporary workers is also influenced by incentives to attain jobs with protection that are unrelated to threat of dismissal, this has not been considered in earlier research. This channel of employment protection effects has important policy implications.
本文为就业保护的变化对劳动者努力的影响提供了新的证据。我们使用新颖的多组织数据来检查工人缺勤的变化,因为工人从临时雇佣合同到永久雇佣合同。早期的研究表明,就业保护对努力产生了非常大的负面影响。我们发现这些影响的程度比以前的研究发现的要小得多。有人认为,对努力的负面影响是由于害怕被解雇。我们证明临时工的缺勤行为也受到获得与解雇威胁无关的有保护的工作的激励的影响,这在早期的研究中没有考虑到。这一渠道的就业保护效应具有重要的政策意义。
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引用次数: 3
Uncertain Justice: Litigating Claims of Employment Discrimination in the Contemporary United States 不确定的正义:当代美国就业歧视诉讼索赔
Pub Date : 2008-04-16 DOI: 10.2139/ssrn.1093313
L. Nielsen, R. Nelson, Ryon Lancaster
This article examines the broad mass of employment discrimination claims brought in federal court between 1988 and 2003. Unlike much scholarship, which studies a small proportion of cases that generate published opinions, we analyze a large random sample of cases. Examining a representative sample of cases allow us to better assess law's role in processing claims of discrimination and its relationship to theories of rights mobilization, organizations, and disputing. Our qualitative and quantitative data capture the dynamics of the stages of litigation. We examine the social and legal determinants of outcomes at each stage. Analyzing discrimination litigation as a sequence of alternative outcomes reveals aspects of antidiscrimination law in action that have gone unexamined in previous research. This new approach suggests that the system of employment discrimination litigation reflects the operation of social advantage and typically provides either no or modest remedies for plaintiffs. While employment discrimination litigation grew dramatically in the 1990's, it did so primarily as a system of individualized claims. Thus employment civil rights reflect many of the contradictions of the American civil justice system. A small number of cases produce large awards and have far reaching consequences for employment practices. The typical plaintiff receives neither their day in court nor a meaningful remedy. The uncertain character of outcomes drives parties to reach a settlement.
本文考察了1988年至2003年间在联邦法院提起的大量就业歧视诉讼。许多学术研究只研究一小部分能产生发表意见的案例,而我们分析的是大量随机案例。通过研究具有代表性的案例样本,我们可以更好地评估法律在处理歧视索赔方面的作用,以及法律与权利动员、组织和争议理论的关系。我们的定性和定量数据捕捉诉讼阶段的动态。我们在每个阶段检查结果的社会和法律决定因素。将歧视诉讼作为一系列可选择的结果进行分析,揭示了反歧视法在行动中的各个方面,这些方面在以前的研究中没有得到检验。这种新方法表明,就业歧视诉讼制度反映了社会优势的运作,通常为原告提供不补偿或适度补偿。虽然就业歧视诉讼在20世纪90年代急剧增长,但它主要是作为一种个性化索赔制度。因此,就业民权反映了美国民事司法制度的诸多矛盾。少数案件产生巨额赔偿,并对就业实践产生深远影响。典型的原告既没有在法庭上得到申诉,也没有得到有意义的救济。结果的不确定性促使各方达成和解。
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引用次数: 12
Corporate Social Responsibility: Modern and Indian Views 企业社会责任:现代和印度的观点
Pub Date : 2008-04-12 DOI: 10.2139/ssrn.1335137
Chendrayan Chendroyaperumal, Juliet
Corporate Social Responsibility (CSR) has attracted increasingly fashionable attention recently. Corporate Social Responsibility refers to corporations voluntarily assuming the responsibilities for the impacts of all aspects of their business activities on the whole society and the environment. The corporations, through Corporate Social Responsibility, try to help the society through development projects towards betterment of the standard of life. The practice of Corporate Social Responsibility is also not free from controversy and criticism. There are two opposing arguments: one, the corporations profit in manifold ways by spending on Corporate Social Responsibility projects; the other, Corporate Social Responsibility is criticized and opposed in that it makes the corporations deviate from their primary economic roles in doing business. The debate has not yet rested. This paper attempts to resolve this debate by highlighting the Indian views of Corporate Social Responsibility.
企业社会责任(Corporate Social Responsibility, CSR)近年来引起了越来越多的关注。企业社会责任是指企业自愿为其经营活动的各个方面对整个社会和环境的影响承担责任。通过企业社会责任,企业试图通过发展项目来帮助社会提高生活水平。企业社会责任的实践也不是没有争议和批评。有两种相反的观点:一种观点认为,企业通过在企业社会责任项目上的支出,以多种方式获利;另一方面,企业社会责任受到批评和反对,因为它使企业在经营中偏离了其主要的经济角色。争论还没有结束。本文试图通过突出印度对企业社会责任的看法来解决这一争论。
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引用次数: 4
New Governance, Compliance, and Principles-Based Securities Regulation 新的治理、合规和基于原则的证券监管
Pub Date : 2008-03-01 DOI: 10.1111/J.1744-1714.2008.00050.X
Cristie L. Ford
The UK securities regulator, the Financial Services Authority, claims that its principles-based approach to securities regulation is simply better than what it characterizes as the prescriptive, rules-based American approach. The striking shift in financial sector business from New York to London over the last two years has brought the question of the wisdom of principles-based regulation into sharp relief. In fact, an FSA-style regulatory approach may also be taking hold in Canada, through the agency of the province of British Columbia. This paper examines BC's innovative proposals for a principles-based securities regime through the lens of New Governance theory. I argue that the BC approach is significant in that its outcome-oriented, collaborative, pragmatic, and open-ended methods share features with promising New Governance approaches to regulation and public problem-solving more generally. Principles-based regulation is especially noteworthy with regard to firm compliance processes, because it seeks to engage firms in their own endogenous learning about compliance. Moreover, New Governance is a necessary complement to principles-based securities regulation. It provides a rational, systematic means through which industry learning and the input of third party stakeholders can fill in the content of otherwise vague principles. This paper identifies, and develops provisional responses to, some of the challenges arising from applying New Governance theory to the specific context of securities regulation. Those challenges include justifying imposing on industry the costs of articulating the content of principles ex post (as opposed to rules, which impose costs on regulators/legislators ex ante); reconciling light touch regulation with a rolling best practices rulemaking regime; confirming that industry has incentives to innovate, particularly in compliance processes; and identifying means for addressing capacity issues associated with requiring diverse industry actors to interpret principles for themselves.
英国证券监管机构金融服务管理局(Financial Services Authority)声称,英国基于原则的证券监管方法,比它所描述的以规定、规则为基础的美国方法要好得多。过去两年里,金融业业务从纽约向伦敦的惊人转移,让基于原则的监管是否明智的问题凸显出来。事实上,通过不列颠哥伦比亚省的机构,一种fsa式的监管方式也可能在加拿大站稳脚跟。本文通过新治理理论的视角考察了不列颠哥伦比亚省基于原则的证券制度的创新建议。我认为,BC方法的重要之处在于,它以结果为导向、协作、务实和开放式的方法,与更普遍的监管和公共问题解决的新治理方法有共同的特点。基于原则的监管在公司合规过程方面尤其值得注意,因为它寻求让公司参与到自己关于合规的内生学习中。此外,新治理是对基于原则的证券监管的必要补充。它提供了一种合理的、系统的方法,通过这种方法,行业学习和第三方利益相关者的投入可以填补原本模糊的原则内容。本文确定了将新治理理论应用于证券监管的具体背景所产生的一些挑战,并对这些挑战做出了初步回应。这些挑战包括证明将事后阐明原则内容的成本强加于工业界是合理的(而不是将事前成本强加于监管者/立法者的规则);协调轻触式监管与滚动最佳实践规则制定机制;确认行业有创新的动力,特别是在合规流程方面;并确定解决能力问题的方法,这些问题与要求不同的行业参与者自己解释原则有关。
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引用次数: 137
A Case Study on the Warana Wired Village Project 'Cooperatives Empowers Youth' 瓦拉纳有线村项目“合作社赋权青年”案例研究
Pub Date : 2007-12-10 DOI: 10.2139/SSRN.1068970
Dr. Sweta V. Patel, V. Sapovadia
Warana, a small district of Maharashtra state in India is a well-developed rural area. Much of Warana's success is due to the presence of a strong co-operative movement. About 50,000 farmers live in 100 villages spread in the 25,000-kilometer area covered by the scores of cooperatives. The main economic activity is sugar cane growing and processing. Emerging from the cooperative movement, The Warananagar Cooperative Complex in India has become famous as a precursor of successful integrated rural development, youth using technology. Warananagar Cooperative Complex, with support of Maharashtra state government and Government of India, started a project Warana Wire Project, providing ICT facilities in 70 villages, in turn this has benefited the whole region in general and youth in special. The case study emphasise cooperative efforts using ICT through youth in rural development.
瓦拉纳是印度马哈拉施特拉邦的一个小地区,是一个发达的农村地区。瓦拉纳的成功很大程度上要归功于强大的合作运动。大约5万名农民生活在分布在2.5万公里范围内的100个村庄里,这些村庄由数十个合作社覆盖。主要的经济活动是甘蔗种植和加工。印度的瓦拉纳纳加尔合作社综合体(Warananagar cooperative Complex)源于合作社运动,已成为成功的农村综合发展的先驱,年轻人使用技术。在马哈拉施特拉邦政府和印度政府的支持下,Warananagar合作中心启动了一个名为Warana Wire project的项目,为70个村庄提供ICT设施,从而使整个地区,尤其是年轻人受益。该案例研究强调了通过青年在农村发展中使用信息通信技术的合作努力。
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引用次数: 2
Understanding the Nature of ISO 26000, a Coming International Standard on Social Responsibility 了解即将推出的社会责任国际标准ISO 26000的性质
Pub Date : 2007-12-04 DOI: 10.2139/SSRN.1275586
Han-Kyun Rho
The International Organization for Standardization (ISO) is now in the middle of developing a new international standard on social responsibility (SR), namely ISO 26000. This paper introduces: (1) the process in which ISO 26000 has been developed so far; (2) the structure of the standard which has come to light; and (3) some points that we should consider based on the first two points in order to understand the nature of ISO 26000 better. This paper argues that ISO should seek to harmonize process standards on SR rather than substantive ones if it wants to add its own value to the recent international movement towards enhanced social responsibility. It is also argued that despite an interpretation that the standard under development is not a management system standard (MSS), ISO 26000 cannot avoid having a certain form of MSS. Lastly, this paper points out that a certain type of conformity assessment will be inevitable although developers of ISO 26000 do not want users to employ the standard as a framework of the third-party certification, or even conformity assessment as a whole.
国际标准化组织(ISO)目前正在制定一项新的社会责任(SR)国际标准,即ISO 26000。本文介绍了:(1)ISO 26000迄今为止的发展过程;(二)已发现的标准的结构;(3)为了更好地理解ISO 26000的本质,我们应该在前两点的基础上考虑的一些问题。本文认为,如果国际标准化组织想要在最近加强社会责任的国际运动中增加自己的价值,它应该寻求协调社会责任的过程标准,而不是实质性标准。也有人认为,尽管解释正在制定的标准不是管理体系标准(MSS),但ISO 26000不能避免具有某种形式的MSS。最后,本文指出,尽管ISO 26000的开发人员不希望用户将该标准作为第三方认证的框架,甚至不希望将其作为一个整体,但某种类型的合格评定将是不可避免的。
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引用次数: 0
Proof and Direct Discrimination 证明与直接歧视
Pub Date : 2007-12-01 DOI: 10.2139/ssrn.1065741
S. Rice
Anecdote and impression in Australia is that it is race discrimination complaints in particular that consistently fail because complainants cannot discharge this burden of proof. Based on a text analysis of all reported decisions, since 2000, on race discrimination complaints under the NSW Anti-Discrimination Act, and under the Racial Discrimination Act (Cth), my research will provide an empirical answer to the question: 'To what extent do race discrimination complaints fail in courts and tribunals because of this challenging burden of proof?'. The focus is on matters where a complaint is dismissed because the court cannot say what the basis for the other person's conduct was, or says that the basis for the other person's conduct was a ground other than race. This leads to deliberation on the difference it would make to require an alleged discriminator to show they did not discriminate, that is, to shift the burden of proof to the respondent if and when the complainant can establish that there was less favourable treatment. The possibility and permissibility of shifting the burden during a hearing has not been canvassed in recent reviews of anti-discrimination legislation, but is established in the European Union by way of Directive 2000/43/EC, and is being implemented across Europe, including in the UK the Race Relations Act 1976.
在澳大利亚的轶事和印象是,特别是种族歧视投诉总是失败,因为投诉人无法履行举证责任。基于对自2000年以来根据《新南威尔士州反歧视法》和《种族歧视法》(Cth)就种族歧视投诉所报告的所有决定的文本分析,我的研究将为以下问题提供实证答案:“由于这种具有挑战性的举证责任,种族歧视投诉在法庭和法庭上失败的程度有多大?”重点是在投诉被驳回的情况下,因为法院不能说明他人行为的基础是什么,或者说他人行为的基础是种族以外的理由。这导致审议要求被指控的歧视者证明他们没有歧视的不同之处,也就是说,如果申诉人能够证明存在不太有利的待遇,则将举证责任转移给答辩人。在最近的反歧视立法审查中,在听证会期间转移负担的可能性和允许性尚未得到审查,但欧盟通过指令2000/43/EC建立了这一规定,并正在整个欧洲实施,包括英国的《1976年种族关系法》。
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引用次数: 0
Optimal Timing of Management Turnover in Agency Conflicts 代理冲突中管理层离职的最优时机
Pub Date : 2007-11-14 DOI: 10.2139/ssrn.942927
K. Hori, Hiroshi Osano
We explore the timing of the replacement of a manager as an important incentive mechanism, using a real options approach in a situation where the timing of the decision to replace the manager is related to a major change in a firm's strategies that involves spending large amounts of various sunk adjustment costs. In particular, we study this problem not only in a growing firm, but also in a declining firm under a continuous-time agency setting. We show that when renegotiation is not possible, the early replacement of the manager of a lower quality project (prior to the first-best trigger level) occurs only if a moral hazard problem exists. In addition, we indicate that the possibility of renegotiation drastically changes the results. The comparative static results with respect to the volatility of the business environment, the strength of the firm's governance and the competitiveness of the managerial labor market provide several empirical predictions related to executive compensation and turnover.
我们利用实物期权的方法,在决定更换经理的时机与公司战略的重大变化有关的情况下,将其作为一种重要的激励机制来探索,这涉及到花费大量的各种沉没调整成本。特别地,我们不仅研究了成长型企业的这一问题,而且研究了连续时间代理环境下衰退型企业的这一问题。我们表明,当重新谈判不可能时,只有在存在道德风险问题的情况下,较低质量项目的经理才会被提前替换(在第一最佳触发水平之前)。此外,我们指出,重新谈判的可能性大大改变了结果。关于商业环境的波动性、公司治理的强度和管理劳动力市场的竞争力的比较静态结果提供了与高管薪酬和离职有关的几个实证预测。
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引用次数: 1
Comparativism, the Labour-Social Policy Nexus and Intra-National Analysis: A Case Study 比较主义、劳工-社会政策关系与国内分析:个案研究
Pub Date : 2007-08-15 DOI: 10.1332/030557307780713022
Terry Carney AO, G. Ramia, A. Chapman
Analyses of the labour-social policy nexus are predominantly cross-national and regional in approach. Comparisons of individual policy domains within nations are less common. This paper is an intra-national comparative analysis of jobseekers and workers with family responsibilities in Australia, focusing on the relationship between labour law and social security law in each domain. The comparison demonstrates that cross-national comparativism can benefit from insights provided by intra-national approaches. Most notably, intra-nationalism sheds different light on the relative integrative potential of labour and social policies. It also elevates the role of the law and of moral values in the process of marketisation.
对劳动-社会政策关系的分析主要是跨国和区域性的。在国家内部对个别政策领域进行比较不太常见。本文对澳大利亚的求职者和有家庭责任的工人进行了国内比较分析,重点研究了劳动法和社会保障法在每个领域的关系。这一比较表明,跨国比较主义可以从国内方法提供的见解中受益。最值得注意的是,内部民族主义对劳动力和社会政策的相对整合潜力提供了不同的见解。它还提升了法律和道德价值在市场化过程中的作用。
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引用次数: 4
Learning and Peer Effects 学习与同伴效应
Pub Date : 2007-08-14 DOI: 10.2139/ssrn.964420
Gerald Eisenkopf
Peer effects are possibly very important for educational performance but hard to identify. This paper confirms the existence of peer effects in a learning process with data from an experiment. The experimental approach circumvents key econometric problems which greatly restrict the analysis of educational peer effects with administrative or survey data. The experimental setting offers some insight into the mechanisms of peer interaction. The results show that prospective cooperation has a motivational effect. There is no evidence with respect to an optimal group composition. The benefit from the pair treatment is largely independent of the characteristics of the partner.
同伴效应可能对教育表现非常重要,但很难确定。本文用实验数据证实了同伴效应在学习过程中的存在。实验方法规避了关键的计量经济学问题,这些问题极大地限制了用行政或调查数据分析教育同伴效应。实验设置提供了一些见解同侪互动的机制。结果表明,未来的合作有激励作用。没有关于最佳群体组成的证据。配对治疗的益处在很大程度上与伴侣的特征无关。
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引用次数: 52
期刊
SEIN Social Impacts of Business eJournal
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