The Development of Good Practices in Cooperation With the Use of Educational Offer of Academic Centers for Employees of an International Corporation

The paper describes the genesis of the industry＇s needs for training employees whose main purpose is to stimulate ones to be more innovative. Responded to this demand, academic centers helped in the development of training strategies and concepts. The paper brought the closer concepts of training in range and effect that they have brought. An attempt was made to approximations, summary, and evaluation of programs that have been implemented in the framework of academic consortia, among governments founds, academic development, and companies competing in the regional and international telecommunication markets. Analyzed cases of such cooperation, for programs in which several people were involved, as well as beneficiaries of the projects in which were several thousand employees. Efforts made in these programs indicate good practice for those who would like to emulate or improve programs. Experiences that were collected and described in this paper are the ideal start for similar initiatives that may be taken without regard to the scale and location of economic participants.     

REDEMPTION IN THE PRESENCE OF WIDESPREAD CRIMINAL BACKGROUND CHECKS*

Criminal background checks have now become ubiquitous because of advances in information technology and growing concerns about employer liability. Also, a large number of individual criminal records have accumulated and have been computerized in state repositories and commercial databases. As a result, many ex‐offenders seeking employment could be haunted by a stale record. Recidivism probability declines with time “clean,” so some point in time is reached when a person with a criminal record, who remained free of further contact with the criminal justice system, is of no greater risk than a counterpart of the same age—an indication of redemption from the mark of crime. Very little information exists on this measure of time until redemption and on how its value varies with the crime type and the offender's age at the time of the earlier event. Using data from a state criminal‐history repository, we estimate the declining hazard of rearrest with time clean. We first estimate a point of redemption as the time when the hazard intersects the age–crime curve, which represents the arrest risk for the general population of the same age. We also estimate another similar redemption point when the declining hazard comes “sufficiently close” to the hazard of those who have never been arrested. We estimate both measures of redemption as a function of the age and the crime type of the earlier arrest. These findings aid in the development of guidelines for the users of background checking and in developing regulations to enhance employment opportunities for ex‐offenders.     

论任意雇佣原则在美国劳动法中的衰落

从19世纪末开始,美国普通法上形成的任意雇佣原则授予雇主任意解雇员工的权力而不要求其承担任何法律责任,对劳动者权利保护甚为不利。考虑到绝对任意雇佣原则所带来的种种消极影响,在许多方面已经不适应现代劳资关系的发展,美国立法机关和各州法院已经形成该原则的多项普通法例外,任意雇佣原则逐步走向衰落。由于任意雇佣原则在美国社会长期实行,拥有深厚的社会基础,动用立法权和司法权等国家权力也并非以废止该原则为目标,因此迄今为止其仍然是调整美国雇佣关系的重要规则。     

EMPLOYMENT AID FOR YOUTH AGING OUT OF FOSTER CARE: EXTENDING ONE-STOP CAREER CENTERS TO INCLUDE A DIVISION FOR FOSTER CARE YOUTH

Every year thousands of children are discharged from the foster care system and find themselves ill prepared for the responsibility of adulthood. Providing enhanced employment opportunities to both current and former foster care youth will allow them to become economically self-sufficient and therefore have an improved transition from foster care. This Note proposes that states incorporate a foster youth employment program in the one-stop career centers mandated by the Workforce Investment Act. Through this program, foster youth will be provided with the tools they need for success while maintaining control over their own future.     

企业劳动规章的法律性质辨析——兼评我国企业劳动规章法律制度

通过对有关企业劳动规章法律性质各学说的比较分析,认为企业的经营需要与劳动者的权益保护是决定企业劳动规章法律制度的两个基本因素,故提出“修正的根据二分说”的观点,主张企业劳动规章系由基于劳资双方合意的契约发挥效力部分和基于企业经营管理权产生、法律赋予其约束力的部分构成;进而对我国现行企业劳动规章法律制度,尤其是《劳动合同法》第4条中劳资双方权利失衡问题进行了探讨。     

创新创业教育:突破大学生就业难瓶颈的路径选择

学生创新创业教育已成为国内外广泛关注的教育领域。文章立足于高校创新创业教育开展的意义、现状、理论和路径的选择上提出构建框架,旨在培养大学生具有创新创业的共识,树立新的人才观和就业观,并将此作为高校教育目的新的价值取向。     

Using State Child Labor Laws to Identify the Causal Effect of Youth Employment on Deviant Behavior and Academic Achievement

On the basis of prior research findings that employed youth, and especially intensively employed youth, have higher rates of delinquent behavior and lower academic achievement, scholars have called for limits on the maximum number of hours per week that teenagers are allowed to work. We use the National Longitudinal Survey of Youth 1997 to assess the claim that employment and work hours are causally related to adolescent problem behavior. We utilize a change model with age-graded child labor laws governing the number of hours per week allowed during the school year as instrumental variables. We find that these work laws lead to additional number of hours worked by youth, which then lead to increased high school dropout but decreased delinquency. Although counterintuitive, this result is consistent with existing evidence about the effect of employment on crime for adults and the impact of dropout on youth crime.

高校毕业生就业中的法律问题

我国高校毕业生就业中的法律问题频繁出现。探讨在高校毕业生经历的实习、就业协议、见习期与试用期、就业见习等过程中,如何保障实习中的合法权益,如何解决就业协议与聘用合同的纠纷、如何区分见习期与试用期,以及新近出现的就业见习中存在的法律问题很有必要。     

WTO视野下我国境外就业的相关问题与对策

随着经济全球化的深入和国际分工的演进,我国境外就业规模不断扩大.在自然人流动纳入WTO的管辖以后,GATS在自然人流动规则谈判中踌躇不前,使我国的境外就业面临特殊困境.因此,我国应以世界服务贸易的自由化为契机,积极推动自然人流动规则的调整,以扩大海外投资,提升境外就业人员素质,完善境外就业立法为抓手,促进我国境外就业事业持续、健康发展.     

女性就业歧视公益诉讼制度法律机理研究

现行法律对女性就业歧视司法救济的规定不足,难以解决女性劳动者力量弱小、举证难、现有诉讼制度不足等问题。为进一步保障我国女性平等就业,需要构建女性就业歧视公益诉讼制度,从正当性、必要性、可行性分析其的法理基础。并对该制度的构建进行初步探究:原告资格以工会、妇女联合会等社会组织为主,新增专门的平等就业管理机构;举证责任在当事人之间合理分配;抗辩事由应包括劳动保护措施、真实职业资格、小微企业豁免制度等;法律责任形式从民事责任和行政责任两方面进行规范。