7. The Variation and Suspension of the Personal Employment Contract

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.

Labour flexibility practices in Dutch SMEs

Purpose The purpose of this paper is to understand how small and medium enterprises (SMEs) cope with the need for labour flexibility. Most previous studies ignore the labour flexibility practices of SMEs, especially in times of economic growth and tight labour markets. Design/methodology/approach A multiple case study approach is applied, with ten Dutch SMEs located in one small province with a similar labour market. A survey was executed as an intake, followed by 48 interviews with the entrepreneurs, HR and other managers and employees, and two focus groups in each company. The findings are based on an analysis of the approved case descriptions. Findings SMEs, like big companies, do not rely on one flexibility practice. Volume fluctuations are countered with all flexibility strategies, the mix fluctuations and the product innovations are mostly countered with flexible functions and flexible production technology. In general, the data suggest that flexibility strategies of SMEs can be characterised as ad hoc, reactive and with a short-term orientation. Research limitations/implications Future research should include other sectors and regions enabling to generalise the findings. Future research should have a longitudinal design to include the pathway dependencies of flexibility practices. Practical implications This study identifies the need to analyse flexibility demands; reduce flexibility demands before investments in flexibility practices; create production process flexibility; invest in labour flexibility practices only after the first three steps are taken; and develop basic and more advanced levels of flexible contracts, flexible functions and flexible working times. Originality/value This study contributes to the authors’ knowledge on the use of labour flexibility practices in SMEs. In addition, it brings empirical data on how these labour flexibility practices relate to the needs for flexibility and how they relate to other sources of organisational flexibility, such as a flexible market approach and flexible production technologies. Dynamic capabilities should include the suggested operationalisation of the flexibility practices.

Role Model a Tool towards Cross Training in Improving Team Performance

Manufacturing (Globally and in India) is saturating and there are no breakthrough innovations and hence sales is under pressure. While we wait for innovation new products to take over, the manufacturing is focusing for competitiveness and optimize the resources. TPM (Total Productive Maintenance) is an important tool to bring the change, the tool ensures that by total participation and by effective implementation of TPM concepts Resource optimization can be achieved. There are 34641 Companies in the world and 3692 in India who have been certified by JIPM (Japan Institute of planned maintenance) for effective use of TPM and achieving the change in the form of results.7 plants has been certified in Hindustan Coca-Cola Beverages Pvt Ltd. These companies are building High performance teams to move TPM to next levels. The challenge is labour flexibility and hence Labour flexibility is important issue in the design and development of “High performance teams “. TPM has many training tools and focuses more on relay training, Cross training builds on relay training. Hindustan Coca-Cola beverages pvt ltd has used the cross training in 2 plants and in 4 lines. A group of 15 operators were formed as Shilpakar ( Architect ),they were positive , influencing others and some of them were individualistic and not team player, some of them were also union leaders. This team was rejuvenated with their self-esteem, and with right attitudes, Team work, Sincerity and discipline which was hidden got exposed and blossomed. One of the executive (coach ) lead the activities with behavioural training programs - they were then rewarded with the leadership appreciation, this followed with Multi Skilling and bought team- work , self-respect and trust within the team. The team also had social side of family trekking and Training the Street vendor in FSSAI (Food safety & authorities of India) requirements. This team then was adequately recognised, rewarded and had achieved special status in the plant. Looking at this team, next set of operators had aspirations and were readily agreed to learn from this role model team. The role model team could train 4 more groups. Executives were mentors and reviewed the progress and review the progress of the new team. Once done they were recognised and appreciated.

Long-run labour flexibility in hospitality: A dynamic common correlated effects approach

Matching staff level to demand is a key lever for utilizing resources efficiently and raising productivity in hospitality. The aim of the current study is to measure the long-run labour flexibility – that is – how quickly labour adjust to demand changes. We estimate the short and long-run labour flexibility at the firm and department levels of hospitality organizations. To account for endogeneity, unobserved heterogeneity and unobserved common shocks, we used the dynamic common correlated effects model on daily performance data of 94 hotels and restaurants from Norway over 12 years, but with gaps. We found that these hotels and restaurants operated at suboptimal levels in the long run. The findings suggest that the organizations can enhance labour flexibility in each department and, in particular, in food and beverages.

Young adulthood in uncertain times: The association between sense of personal control and employment, education, personal relationships and health

Young adults in Australia, and in many other advanced countries, are more likely to be highly educated but less likely to be in full-time employment than their parents were. Although insecure employment has long been a feature of labour markets, increased labour flexibility in recent decades has resulted in insecure employment becoming entrenched. In this article, we draw on data from young people in their early twenties to examine the interrelationships between work and life. Although we focus on the association between precarious employment and sense of personal control, we also examine the interrelationships between sense of personal control, education, relationships and health. Rather than experiencing a short period of insecure employment before transitioning into permanent jobs, young people now experience a ‘new adulthood’ characterised by extended periods of insecurity, undermining their sense of personal control. Our aim is to identify what it takes to make a secure, healthy and meaningful life.