中国政府雇员制下的工作满意度分析——基于对上海市公安文职人员调查的实证研究

自政府雇员制在我国施行以来，学界对其在实践中所出现的问题进行了大量的讨论。但这些讨论大都缺少实证材料支撑。本文在对上海市公安文职制度调查的基础上，建立了关于公安文职人员工作满意度的回归模型。用以分析影响政府雇员制的诸多因素。模型结果表明：雇员工作的制度设置、薪酬设定、晋升制度以及与公务员的待遇差距等因素影响工作满意度的变量显著。因此，在提高政府雇员制功效的问题上。应主要改善这些受到显著影响的制度设置，以提高雇员工作满意度。进而保障政府雇员制功能的发挥和高效运行。     

How to reduce turnover by creating a positive work climate

Despite company attempts to reduce employee turnover by offering attractive salaries and benefits, Kushell notes that attrition continues at an alarming rate. He states that more than one of every three employees will change jobs over the next five years, a transition that will take its toll on company morale and productivity. The underlying factor, according to the author, is the quality of the working environment. A 1969 University of Michigan survey of 1,533 workers, at every occupation level, reported that all respondents ranked interesting work and authority to get the job done far ahead of good pay and job security. Sources of employee frustration include a stifling bureaucracy, excessive job expectations, and unsuitable jobs. The author suggests that top managers ask themselves whether they are missing out on or losing talented employees. If this is the case, there are several guidelines management should follow: improve communication between employees and top management; define expectations of the employee; and promote candor in the job interview. Kushell concludes that top executives can have an impact on turnover by paying attention to what employees really want rather than what management thinks they want.     

Take this job and shove it: An exploratory study of turnover intent among jail staff

The success of any organization usually rests on the shoulders of its employees. As such, voluntary personnel turnover presents administrative challenges that have substantial and far reaching effects. Understanding the factors that lead to staff turnover intentions can assist organizational leaders in possibly altering the work environment to address employee concerns. Among correctional organizations, the few studies that have been conducted on turnover intent have focused, as most correctional research in general, on prisons. The exclusion of jail turnover intent is puzzling given the unique challenges that jail staff face. The current study attempted to fill this empirical void by using survey data to examine the antecedents (i.e., personal characteristics, perceptions of the work environment, and job attitudes) of turnover intent among staff at a large southern jail. Based on a multivariate analysis, the most powerful predictors of jail staff turnover intent were job attitudes (i.e., job involvement, job satisfaction, and organizational commitment). The findings suggested that administrators should concentrate on improving the work environment to boost employee job involvement, job satisfaction, and organizational commitment.     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

The effects of job-related stress and job satisfaction on probation officers’ inclinations to quit

Current research indicates that job-related stress and job dissatisfaction are serious employment concerns among probation officers. In other employment domains, job stress and job satisfaction are commonly associated with employee turnover. Moreover, job turnover among probation officers is a serious but understudied problem. Survey data from a random sample of Florida correctional probation officers indicate moderately elevated levels of job-related stress and job dissatisfaction. Job satisfaction was significantly and inversely related to probation officers’ inclinations to quit, while job-related stress was indirectly related to such inclinations. The policy implications of these findings are discussed.     

论兼职劳动者的休假权——以《职工带薪年休假条例》为视角

《劳动合同法》的一个重大突破是，立法上首次明确规定了兼职的合法性，随着《劳动合同法》的实施，非全日制用工形式的日趋成熟，兼职将会在我国大量存在。兼职劳动者与所在单位建立的关系．都属于劳动关系，且是平行的劳动关系，它们之间没有主次之分，其劳动权益应当受劳动法律保护，然而，兼职劳动者如何享有休假权却出现立法空白。本文以《职工带薪年休假务例》为视角，认为与劳动者建立劳动关系的单位都应当给予年休假，兼职劳动者享有双倍或多倍的年休假期，符合年休假的本质属性，既有法理基础，又有可操作性，有利于保护劳动者的休息休假权，体现劳动法的价值目标。     

Correlates of correctional officer job stress: The impact of organizational structure

Corrections can be a very stressful occupation, producing many negative outcomes for employees. These outcomes, both mental and physical, not only affect the employee, but the entire organization. A large body of literature has focused on identifying correlates of correctional staff job stress; yet, not all of the possible correlates have been studied. One area that has received little, if any, attention is the impact of the organizational structure on correctional job stress. Organizational structure includes issues of centralization, instrumental communication, integration, and organizational justice. The results of multivariate analysis indicate that instrumental communication and procedural justice have a direct effect on correctional staff job stress.     

The Effects of Attribution of Responsibility and Work History on Perceptions of Reasonable Accommodations

Under the Americans with Disabilities Act (ADA), employers must provide employees with disabilities reasonable accommodations that will enable them to perform job duties, as long as the accommodations do not financially burden the organization. Two studies were conducted to investigate whether disability origin and/or prior work history impermissibly influence the granting of reasonable accommodations under the ADA. In both studies, participants granted more accommodations for employees whose disability was caused by some external factor than for those whose disability was caused by the employee's own behavior. In Study Two, participants also granted more and costlier accommodations for an employee with an excellent work history than for an employee with an average work history. Implications of the use of extralegal factors in accommodation decisions are discussed.     

Rethinking retirement-age policy in the United States and Canada

More than legislation, the recent amendments to the Age Discrimination in Employment Act also symbolize a growing interest in the older working population, both in the United States and Canada, particularly the question of their "failing" job skills and the effects of retirement age on the economy. Sociologist Rix examines this issue in terms of demographic, economic and biomedical factors, discussing their implications for management, employee counselors, insurance and pension planners, the tax payers and employees of all ages.     

The HIV-infected health care provider. Doe v. Attorney General of the United States

Doe demonstrates that once an employer enters into a relationship with an individual and thereafter determines that he or she may be disabled, the employer has the right to ask the individual questions about the possible disability when those questions are relevant to assessing his or her qualifications for continuing on the job. In fact, once a health care provider is on notice that an employee's or physician's disability may render the employee or physician no longer qualified, thereby potentially endangering patients, the provider is required to determine whether the person is qualified for the job. In these sensitive matters, employers must draw a fine line between unreasonably following up on every rumor on the one hand, and on the other hand investigating reliable information when there may indeed be a direct threat to patients.     

劳资契约安排的制度逻辑——无固定期限劳动合同的法律经济学重读

无固定期限劳动合同引发了任何规则建构都必须依循其内在制度逻辑这一普适性的法理学命题。基于法律经济学的分析视角,无论是《劳动合同法》还是配套的《实施条例》,无固定期限劳动合同皆无法保护员工的职业稳定权,反而损害了同样值得珍视的就业权,引发了一系列影响就业数量、就业质量的利益再分配效应。缘于人力资本在监督、计量上的技术难度,企业无法就员工是否"不能胜任工作"等常规合同解除条件给出满足可观察、可检验要件的客观证据,无法满足司法治理机制的"外部视角"对于证据可观察、可检验的刚性约束,《劳动合同法》赋予企业的合同解除抗辩权不具有司法操作意义。在劳动力结构性过剩的背景下,以提升劳动者职业技能、降低其可替代性来提高企业解除劳资契约关系的退出成本,应当是更有助于激励企业保持稳定的劳资契约关系、节省执法成本的可行进路。     

《国家公务员暂行条例》适用之新现象评析

在政府部门的实际工作中,出现了“干部打工”、“带薪辞职”、“政府雇员”以及“考选市长”等现象,这些现象都与我国现行的国家公务员制度主要是《国家公务员暂行条例》有着密切的关系。本文通过对这些新现象的分析,揭示了《国家公务员暂行条例》实施过程中的相关问题,并指出解决这些问题的途径是要处理好几个关系:党与法的关系、改革与法的关系以及新法与旧法的关系。     

The impact of individual,organizational, and environmental attributes on voluntary turnover among juvenile correctional staff members

In this study we assessed the impact of individual employee characteristics, organizational attributes, and quality of the correctional environment on the turnover intentions of juvenile correctional staff members. Both individual characteristics and organizational attributes were significant predictors of turnover intentions. The individual characteristics were age, race, and education; the organizational variables were job satisfaction, stress, and staff support and communication. In general, the organizational attributes were stronger predictors of turnover. Only one variable pertaining to the quality of correctional environment, facility's amount of care toward juveniles, was significantly related to turnover. In contrast to findings of previous research, dangerousness, gender, and tenure were not related to staff turnover. We discuss the implications of these results for correctional staffing.     

Employee representation and board size in the Nordic countries

Several European countries have mandatory employee representation on company boards, but the consequences for corporate governance are debated. We use employee representation rules in the otherwise quite similar Nordic countries (Denmark, Finland, Norway, and Sweden) to elicit information on shareholder preferences for employee representation and board size. We find that shareholders tend to choose board structures that minimize the proportion of employee representatives. In Denmark and Norway employee representation depends on board size, and shareholders choose board sizes that minimize the number of employee representatives. However, many companies have more employee representatives than is mandatory. In Sweden, where the law mandates a fixed number of employee representatives (two or three depending on firm size), shareholders choose to have larger boards. In Finland, where employee representation is not mandatory, <1 % of companies choose to have it. Whatever, the merits of employee representation, shareholders appear to be mildly averse to it.     

Evaluating the Potential for Unintentional Occupational Exposure to Fentanyl and Fentanyl Analogues Among Medicolegal Death Investigators and Autopsy Technicians

Recent increases in deaths in the United States from synthetic opioids such as fentanyl and fentanyl analogues (fentanyls) have raised concerns about possible occupational exposures to these potent agents. Medicolegal death investigators and autopsy suite staff might perform job tasks involving exposure to fentanyls. The potential for exposure to fentanyls among medicolegal death investigators and autopsy technicians at a state medical examiner's office was evaluated through review of caseload characteristics, injury and illness logs, and procedures and policies and discussions with management and employee representatives. The evaluation showed that this medical examiner's office had low potential for work-related exposure to fentanyls; its standard operating procedures and personal protective equipment requirements should reduce the potential for occupational exposure. Medicolegal death investigation agencies can develop and implement guidance to control exposures and provide workforce education and training to reduce the potential for work-related exposure to fentanyls.     

违法解雇期间工资支付法律问题探讨——基于我国台湾地区劳动立法与学说的考察

摘基于劳动关系的特殊性，我国台湾地区“民法”规定雇主违法解雇劳工受领迟延期间应当继续支付工资。雇主支付工资时有权扣除劳工因不服劳务所直接减省的费用，但不得扣除劳工转向他处服劳务所取得的工资或故意怠于取得的利益。劳工要求雇主支付被违法解雇期间的工资应当具备法定条件，并应当就雇主受领劳务迟延及工资报酬之计算等权利发生要件负举证责任。     

Public sector innovation: the effect of universities

A growing literature in public management has identified the key role that innovation can play in enhancing agency efficiency, effectiveness, performance and legitimacy. However, considerably less is known about the actual sources of knowledge generating innovative activity in the public sector. This paper fills this crucial gap in the literature by explicitly analyzing the link between a key source of knowledge and ideas, universities, and the innovative activities of public organizations. By utilizing a new source of data, this paper is able to show that not only do universities play a key role in generating innovative activity in public organizations, but the nature of innovations and their impact on public sector performance are related to the role played by universities. The findings suggest that universities play a key role in generating innovative activity in public organizations as doing so can increase the quality of public services, employee job satisfaction, and interagency collaboration.

     

中国职工持股立法难点问题研究--一个经验、理论和立法的分析

我国未来的职工持股立法应当兼采公司法调整和单行法调整并行的模式,统一规范各类企业尤其是上市公司和股份合作企业的职工持股,采取"国家、企业帮助为主,职工个人出资为辅"的立法政策解决职工购股资金来源问题;在设置职工股时,职工优先股的设置与否应当由企业自决,应肯定并严格规范预留职工股的设置;职工股权应采用间接行使的原则,应当严格限制职工股的流转,避免职工持股制度的解体和引发社会问题.     

Predicting Customer Service Employees’ Job Satisfaction and Turnover Intentions: The Roles of Customer Interactional Injustice and Interdependent Self-Construal

Research has primarily examined supervisors and coworkers as sources of unfair interpersonal treatment (i.e., interactional injustice) in the workplace. Unfair treatment, however, can also originate with customers. Using a cross-sectional, correlational research design (N = 172), we examined the associations among customer injustice, employee job satisfaction, and turnover intentions. Drawing on relational theories of fairness, we also examined whether employees who more strongly define themselves through their interpersonal relationships (i.e., those with stronger interdependent self-construals) would exhibit stronger injustice-attitudes associations. Results showed that, overall, greater injustice was associated with lower job satisfaction but not greater turnover intentions. Moreover, as expected, the strength of employees’ interdependent self-construals moderated the injustice-attitudes relations: Relationship-oriented employees showed significant associations between injustice and both job satisfaction and turnover intentions, whereas those with weaker relationship orientations did not. Implications and future research directions are discussed.

略论劳动法中经济补偿

在劳动法律关系中 ,用人单位与劳动者解除劳动合同或劳动合同终止后 ,用人单位常常要依照法律规定 ,一次性支付给劳动者一定的经济补偿。关于这种经济补偿规定适用的前提是劳动合同的存在 ,并且劳动者无过错的情况下劳动合同解除或劳动合同终止 ,其常常以劳动者工作时的月工资收入为标准来计算。