Reversed Solidarity in Pension Plans

There is a unexpected phenomenon in the majority of complementary pension plans in the Netherlands. Unlike other arrangements that are the result of collective bargaining and decision making, these pension plans increase the inequality in the distribution of (lifetime) income. In those plans, persons without a career contribute to the payment of pension provisions of those with a career. Generally speaking, this implies that blue-collar workers and women pay for the pensions of white-collar workers, who are mostly men. For some of the contracting parties, the terms of the pension contract seem to be disadvantageous and suboptimal. The question arises as to why these contracts are being concluded and how they can survive in a competitive environment. Moreover, since the pension plans are the result of collective bargaining between the organisation of employers and the labour unions, the question arises as to how reversed solidarity fits the alleged redistributive goal of the labour unions. The analysis leads to the following conclusions. Firstly, that information and transaction cost, collective agreements, legal barriers and market failures on substitute arrangements prevent the conclusion of optimal contracts. Secondly, employers would find the pension plan attractive because it discourages shirking, enhances productivity and the process of job matching and reduces labour turnover. Thirdly, a pension plan based on final salary is in the interest of the median voter in the labour union, who is older and earns a higher seniority wage than junior workers. Furthermore, in the given circumstances the pension plan enlarges union membership and the dues income of the union and endows the union leadership with more prestige and influence. Individual union members would not oppose such a pension plan for reasons of informational asymmetry, transaction cost and the inability to capture the full benefits of their actions.A comparison of the pension schemes of Belgium, Germany, France and the UK shows that there are large differences in the structure and content of retirement provisions. Reversed solidarity may also be part of the pension plans in Belgium and the UK.     

Distributing Adventitious Resources: The Effects of Relationship and Grouping

This study examines the effect of two variables—relationship and grouping—on the distribution of resources which are unearned, or adventitious. Strangers and acquaintances made decisions about the distribution of an adventitious resource either as individual decision makers or as members of a small group. Results indicate that acquaintances were more likely to share the resource than were strangers, and that group members were more likely to share than were individual allocators. Equality received the highest overall rating as a norm for distributing the adventitious resource. At the same time, subjects expected allocators to keep the resource instead of applying an equality distribution norm.     

An Integrative Perspective on Social Justice: Distributive and Procedural Fairness Evaluations of Positive and Negative Outcome Allocations

This paper presents a theoretical framework for the integration of distributive and procedural justice in positive and negative outcome allocations. The framework consists of seven basic assumptions, seven propositions, and seven groups of interrelated hypotheses. The expected outcome offers a coherent program for future justice research based on the realization that distributive and procedural aspects of fairness cannot be meaningfully treated (1) in isolation from one another, and (2) without taking into account the valence of the allocated outcome. The framework should also reveal the need to reassess existing distributive and procedural justice study conclusions that neglected to examine the interactive effects of the allocation outcome (distribution) and the procedure and the outcome valence.     

论辩诉交易制度及在我国公诉中的适用可能

辩诉交易权是检察机关自由裁量权的应有之义 ,辩诉交易制度在英美法系的美国和大陆法系的德国都获得了长足发展。起诉便宜主义及检察机关依法拥有撤回和变更起诉的权利在我国刑诉法上的确认 ,为辩诉交易制度在我国的确立提供了理论依据 ,实践中也有适用辩诉交易的可能。     

引入辩诉交易探讨

作为美国独具特色的刑事法律制度,辩诉交易制度在提高诉讼效率方面起到了一定的积极作用。在我国目前的法律环境下,引入辩诉交易制度是可行的、必要的。只要运用得当,对于实现刑事诉讼公正与效率的双重价值目标具有重要意义。应结合我国当前普通程序简易审和量刑建议改革,建立符合我国国情的辩诉交易制度。规范操作辩诉交易制度的一个总的原则就是应当处理好社会、被告人和被害人三者利益的关系。     

The matrix of complex negotiations case study： Negotiating with the Chinese at a time of crisis

This paper seeks to outline the profile of the Chinese negotiators in light of the negotiations that took place during the month of October 2008 between a major Brazilian importer of manufactured goods, which the authors will call ＂Brazilian company＂ and six Chinese companies from the cities of Guangzhou, Pinghu and Hangzhou. The authors will provide succinct examples of stages in the negotiation process and seek to link them to the ten elements of the matrix of complex negotiations, namely： context, interests, options, power, cognition, relationship, concessions, compliance, criteria and time; There are four steps involved in the process： preparation, value creation, value division and execution.     

Injustice and Employees' Destructive Responses: The Mediating Role of State Negative Affect

The focus of this study was employees' destructive behavioral intentions (i.e., exit, neglect, and aggressive voice) as a result of perceived injustice. In order to get an indication of the generalizability of the results, two studies employing different methodologies were conducted among different samples: a survey study (Study 1) among 244 female maternity nurses from The Netherlands, and a vignette study (Study 2) among 71 male and 43 female employees from an international company in South Africa. Furthermore, the second study tested whether the effects of injustice on destructive behavioral intentions were mediated by state negative affect. Two models appear to fit the data well. The first model suggests that interactional injustice gives rise to negative behavioral reactions through an increase in state negative affect. The second model shows that procedural justice can buffer the negative effects of low distributive justice. Specifically, employees report more negative affect and, subsequently, a stronger tendency to leave the organization only when both distributive and procedural justice are low. The theoretical and practical implications of these findings are discussed.     

非公有制企业集体协商 ：问题、困境与对策

在我国劳动关系集体化转向的背景下,集体协商与集体谈判的区别、非公企业集体协商的适用范围、工会组织的角色与作用是推进非公有制企业集体协商亟待思考的深层次问题。当前,我国非公企业集体协商工作面临的主要困境是集体协商尚未成为非公企业劳资双方的强制性法定义务、集体协商尚未成为非公企业工会的核心工作、非公企业工会主席尚未在集体协商中发挥出关键性的作用以及各类主体在非公企业集体协商中所承担的角色亟待厘清。为进一步完善我国非公企业集体协商制度,在观念层面,应正确理解集体协商的实质性内涵及其重要作用;在工会层面,必须切实发挥非公企业工会的关键作用和各级总工会的领导作用：在立法层面,可以在条件成熟时制订修订相关法律法规。     

论集体合同的私法结构

集体合同是一种自治机制和市场机制,这种自治基础上的市场机制本身导致其与传统私法的合 同制度难以分离。从法教义学角度看,集体合同以私法合同的形式成立和消灭,对工会和用人单位或用人单位 联合会具有债权效力,这些都是私法现象;传统私法曾试图通过代理理论和有利于第三人的合同理论解释集体 合同对劳动者和用人单位的效力,但都不能自圆其说。为此,大陆法系国家承认了集体合同对劳动者和用人单 位的规范效力,并提出社团理论、国家授权理论、自治理论,分别从社会法、公法、私法的角度解释上述规范 效力。从中国集体合同制度发展的历史、社会经济基础和制度设计来看,私法的解释方案依然最优：集体合同 以合同的方式成立,通过职工（代表）大会的决议行为获得对全体劳动者的约束力,即规范效力。因此,集体 合同是一种私法上的制度。     

“HU 理论”在工资集体谈判中的运用构想探析

工资集体谈判制度是职工工资的民主决策方式,也是工会保障职工经济权益的重要手段。作为当前以改善民生为重点的社会建设的一项战略性任务,工资集体谈判在具体的实践过程中起到了一定的积极作用,尤其是在保障职工最低工资等方面成效显著。由于当前工会方的经济非独立性,从而使谈判话语权较弱,以及企业和职工对经营成果分配的不满等,导致谈判质量较低,特别是职工工资增长的谈判不够理想,从而使利益分配成为工资集体谈判的关键点。为此,针对工资谈判中的利益分配问题,本研究试图设计一个既能够满足企业的利益需求,又能够维护职工的正常工资需求的"工资联合确定模式",即在工资谈判中运用"HU理论",进行操作,实现劳资双赢,从而化解工资集体谈判在实践中的实施难题。