竞业限制协议履行中的若干法律问题研究

劳动者解除竞业限制约定的前提,是竞业限制期限内用人单位未支付经济补偿已达三个月;劳动者应在用人单位迟延支付经济补偿时进行催告,并在三个月后通知其解除竞业限制约定;用人单位解除竞业限制协议,必须采取劳动者知道或应当知道的方式;劳动者解除竞业限制约定后,还可求用人单位支付拖欠的经济补偿金。     

《监狱学导论》思路、结构和特色

大学教科书《监狱学导论》全书划分为六编,强调独特性或者独创性的内容。在写作本书的过程中,特别重视对于监狱学基本知识的论述。在论述很多内容时,不仅描述“是什么”,还着意论述“为什么”,而“为什么”的内容往往体现出较为突出的理论色彩。监狱的三大有形构成要素是监狱设施、监狱工作者和被监禁的罪犯。在这三大有形构成要素中,最关键、最重要的有形构成要素是监狱工作者。在理论构建上,提出了“犯因性差异理论”。     

新生代农民工的城市适应与社工专业的介入

农民工群体内部正发生着代际转移,第二代农民工已开始进入“城市舞台”成为农民工的主体,这些新生代农民工的群体特征和生存状况成为社会关注的重要问题。文章试图在已有的调查和文献研究的基础上,进一步剖析新生代农民工在城市适应和融入中所遇到的双重困境,希望介入社会工作的专业助人方式,为缓解新生代农民工在城市适应问题提供一定的策略和解决途径。     

On the stalling of the Malaysian industrialization project

Abstract

In a recent article in this journal, Henderson and Phillips (2007 Henderson, J. and Phillips, R. 2007. Unintended consequences: Social policy, state institutions and the ‘stalling’ of the Malaysian industrialization project. Economy and Society, 30(1): 78–102.  [Google Scholar]) argue that Malaysian industrialization is ‘stalling’ because it is locked into low- to medium-technology operations. They attribute this to an affirmative policy that sidelined the development of small and medium-sized enterprises (SMEs) capable of benefiting from linkages with transnational corporations (TNCs) and an immigration policy that provided cheap foreign labour and weakened the pressure on firms to upgrade themselves. While not disputing these explanations, this paper shows that the evidence they provide is unconvincing and, sometimes, undermines their case. Their argument is further weakened because they fail to explain why the proportion of high-tech exports in total Malaysian manufacturing exports is surprisingly high, unlike that of an economy concentrating on low- or medium-tech production.     

Immigration and Refugees: Punctuations in the Commonwealth Policy Agenda

In April 2013, Australia's population reached 23 million. Up to 60 percent of population growth in Australia comes from immigration and 40 percent of population growth comes from natural increase. It is therefore not too surprising that the issue of immigration receives a considerable amount of attention in the overall Commonwealth policy agenda. However, immigration policy is a complex policy area that is vulnerable to sudden increases in policy attention. Such increases in policy attention may be related to external shocks, wars or changing global economic conditions. This article charts some of the contextual factors, which result in high‐salience punctuations and intense policy activity in the area of immigration.     

A Bibliography About a Changed Federal Government Workplace

Abstract

This bibliography contains more than 130 hand picked sources that address change in the Federal government workplace, including articles and books by academics and practitioners and reports by Federal agencies including the General Accounting Office and the Office of Personnel management, as well as Congress. The introduction to the bibliography draws on the expertise of three well known authorities in the field, as well as the authors' of the bibliography.     

Inspirational Cameos

Abstract

Utilizing a narrative approach emanating from a small research study, this paper presents inspirational cameos of ethnic minority women entrepreneurs. The focal point is Indian women entrepreneurs in New Zealand. The theoretical perspective of mixed embeddedness, where institutional structures and the entrepreneurs play out their stories in the complexity of the political, psychological, social, and economic arenas, forms the backdrop for this paper. By presenting inspirational cameos of ordinary women who have achieved entrepreneurial success against the saga of Indian immigration, this paper is in contrast to much of the prevailing literature which focuses on blocking and constraining factors in the life experiences of ethnic minority migrant women entrepreneurs. Such cameos can be positioned to serve as exemplars of and for ethnic minority migrant women, particularly in a world where many ethnic minority women and entrepreneurial educators are often unaware of ethnic minority role models.     

Migrant workers and migrant entrepreneurs: changing established/outsider relations across society and space?

Drawing on Elias and Scotson's theory of established/outsider relations, in this paper we argue that migrants can be outsiders in one spatial context and established in another simultaneously. Our empirical focus is the situations and experiences of migrant workers from Central and Eastern Europe in four towns across Wales. While their position as outsiders is reinforced in the occupational spaces of meat-processing factories, outside the workplace a small but growing number of migrants are engaging in entrepreneurial activities that create new spaces of cultural diversity. We argue that this is having a wider affective impact on established/outsider relations.     

Culture or taxes? The conceptions of citizenship of migrants and local factory workers in Italy

A number of studies of everyday citizenship have shown that the way in which the ordinary population of a state thinks of citizenship is not unilaterally determined by the conceptions present in state's citizenship law. This work looks at what migrants and local factory workers in Ferrara (Northern Italy) think of citizenship, and what conceptions can be found behind their opinions. The research is based on 60 in-depth interviews with migrants of different origins and professions and local factory workers. While scholars consider the Italian citizenship law to be closed towards both the immigrants and those born in Italy from non-citizens, most of the interviewees have expressed the preference for the ius soli and shorter residence requirements. Almost all the interviewees believed that people with a penal record should not be naturalised, and some of the interviewees have expressed cultural conceptions of citizenship that could be demanding of the candidates. However, the stronger consensus was for a lighter, economic conception of the citizen as anyone who works and pays taxes.     

论劳动者的团结权与工会体制改革

由于历史和现实的原因,造成了我国工会组织的行政化、工作内容的娱乐化、工会立场的中间性、代表权利来源和责任机制的虚无化等一系列问题,导致工会的维权作用受到很大削弱。我国工会的发展道路,应是在坚持党的政治领导和社会主义方向的前提下朝着社会化的方向发展。要通过深化改革强化工会的代表性和相对独立性,通过完善法律将维护会员的合法权益作为工会的首要职能,从而加强工会的责任意识。只有这样,才能适应我国当前经济转型、体制转轨时期劳动纠纷多发、群体性事件增多,必须创新社会管理、建立稳定和谐的劳动关系的迫切需要。