The corporate regimen of labour companies in the New Act 44/2015, on 14th October, of labour and investee companies

Act 44/2015, on 14th October, of labour and investee companies, aims to accommodate the different instruments, limits and requirements with which the legal regime of the labour companies is set, to the current economic and legal context where they must develop their economic activity. The purpose of the law is to preserve their special status, while it seeks to modernize its legal structure to ensure the economic solvency of the business plan, without weakening the social profile that is required. The new law includes two organisational figures, ‘labour companies’ and the calling ‘investee companies’, of the last one, only leaving evidence of what is to be understood by them referring its regulation to a subsequent regulatory development. Until the publication of the regulation, our work has focused on the corporate aspect of the labour companies by analysing the modifications made on the typological elements and legal regime of these organisational figures to determine whether the law is the necessary and sufficient instrument to achieve the challenge proposed.

Commentary on the Licensing Act 1662

Legislation prohibiting the publication of any literary work without prior licence.
Drawing upon both the Star Chamber Decree 1637 (uk_1637) and the Acts Regulating Printing during the Interregnum (see: uk_1643 and associated documents), the Licensing Act set out a comprehensive set of provisions concerning both the licensing of the press and the regulation and management of the book trade. In addition, it confirmed the rights of those holding printing privileges (or patents) granted in accordance with the royal prerogative (see for example: Day's privilege for The Cosmographical Glass (uk_1559b)) as well as those who had registered works with the Stationers' Company (uk_1557). It also introduced the first legal library deposit requirement. In force between 1662 and 1679, and then again between 1685 and 1695, the Act represents the last occasion on which the censorship of the press was formally and strategically linked to the protection of the economic interests of the Stationers' Company. Its lapse led the Stationers' Company to lobby parliament for renewed protection, ultimately resulting in the passing of the Statute of Anne 1710 (uk_1710).

Commentary on Copyright Act 1814

Legislation replacing the Statute of Anne 1710 (uk_1710) and providing that copyright in a literary work would last for twenty-eight years from the time of publication, but that ‘if the author shall be living' at the end of that period then the work was to be protected ‘for the residue of his natural life'.
The commentary explores the background to the legislation, and in particular the controversy over the library deposit provision in the wake of the decision in Beckford v. Hood (1798) (uk_1798a). The commentary suggests that the introduction of the reversionary lifetime copyright term had more to do with the opportunistic and timely intervention of one Member of Parliament (Samuel Egerton Brydges) than with any principled or considered position adopted on the part of the legislature.

Commentary on International Copyright Act 1838

Legislation providing that the British monarch could, by Order in Council, grant copyright protection, within Britain and its Dominions, to the authors of literary works first published abroad for a period specified within the Order but not exceeding the domestic copyright term. The Act provided the first occasion on which the British legislature offered the possibility of copyright protection for the work of foreign authors. Its timing is indicative of the widespread attention which the issue of international copyright had begun to attract in Britain, on the continent, and in the United States. The commentary describes the background to the legislation in relation to British attitudes to the importation of foreign works throughout the sixteenth, seventeenth and eighteenth centuries, and in the context of early nineteenth century debates before the courts as to whether the work of foreign authors was in any event protected under existing legislative measures (see also: uk_1854). The commentary also explores the reasons for the failure of the British government to successfully negotiate any bilateral agreements under the legislation, but nevertheless suggests that the 1838 Act provided an important platform upon which to build a subsequent and more successful regime of international copyright protection (see also: uk_1844; uk_1852; uk_1886).

Commentary on Fine Arts Copyright Act 1862

Legislation conferring copyright protection on paintings, drawings, and photographs for the life of the author plus a seven year post mortem term. The Act was also innovative in de-coupling the copyright term from the event of publication, in providing artists with a new form of ‘moral rights' protection, and in introducing the concept of "originality" as the standard threshold for copyright protection.
The commentary explores the background to the legislation, and in particular, the international copyright regime, the nature of the art market in eighteenth and early nineteenth centuries, the role of the Society of Artists in lobbying for legislative protection, and the impetus which the International Exhibition provided for securing the same. The commentary also considers how the 1862 Bill, in its earliest incarnation, incorporated elements that would have signalled a radical departure from established copyright norms. In particular, the Bill proposed: that copyright protection should not be contingent upon registration; and that protection should be offered on a universal basis, regardless of an artists' nationality, and regardless of where the work in question was created.

The Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety (Offences) Act 2008: corporate killing and the law

This thesis examines the regulatory and legislative approach taken in the United Kingdom to deal with deaths arising from work related activities and, in particular, deaths that can be directly attributed to the behaviour of corporations and other organisations. Workplace health and safety has traditionally been seen in the United Kingdom as a regulatory function which can be traced to the very earliest days of the Industrial Revolution. With an emphasis on preventing workplace accidents and ill-health through guidance, advice and support, the health and safety legislation and enforcement regime which had evolved over the best part of two centuries was considered inadequate to effectively punish corporations considered responsible for deaths caused by their activities following a series of disasters in the late twentieth and early twenty-first centuries. To address this apparent inadequacy, the Corporate Manslaughter and Corporate Homicide Act 2007 was introduced creating the offence of corporate manslaughter and corporate homicide. Based on a gross breach of a relevant duty of care resulting in the death of a person, the Act effectively changed what had previously considered a matter of regulation, an approach that had obvious weaknesses and shortcomings, to one of crime and criminal law. Whether this is the best approach to dealing with deaths caused by an organisation is challenged in this thesis and the apparent distinction between ‘criminal’ and ‘regulatory’ offences is also examined. It was found that an amended Health and Safety at Work etc. Act 1974 to include a specific offence of corporate killing, in conjunction with the Health and Safety (Offences) Act 2008 would almost certainly have resulted in a more effective approach to dealing with organisations responsible for causing deaths as consequence of their activities. It was also found that there was no substantive difference between ‘regulatory’ and ‘criminal’ law other than the stigma associated with the latter, and that distinction would almost certainly disappear, at least in the context of worker safety, as a consequence of the penalties available following the introduction of the Health and Safety (Offences) Act 2008.

Relatório de Estágio

O Relatório de Estágio, elaborado no âmbito do Mestrado em Ensino do 1.º e 2.º Ciclo do Ensino Básico, pretende ser um reflexo da prática educativa realizada e um contributo para a formação pessoal e profissional da mestranda, caracterizando-se por uma atitude crítica, reflexiva e investigativa. A revisitação e a análise refletida da ação, e das opções didático-pedagógicas que a orientaram, permitiram traçar um percurso para a melhoria das práticas educativas, determinante para o desenvolvimento da identidade docente. Desta experiência, salienta-se, por um lado, o trabalho realizado em par pedagógico, em todos os momentos do ciclo da supervisão, que potenciou momentos de debate e de reflexão – e, consequentemente, uma prática informada, criativa e rigorosa, fundamentada em princípios e valores partilhados. Por outro lado, destaca-se também a influência da filosofia do Movimento da Escola Moderna na conceção e implementação da Prática Educativa Supervisionada (PES), o que contribuiu ainda para a valorização da colaboração entre todos os atores envolvidos neste palco que é a ação educativa. Ao longo da PES, o par pedagógico privilegiou situações de ensino e de aprendizagem que favorecessem a cooperação e a comunicação bem como atividades que adequadas às necessidades do contexto educativo e aos interesses das crianças, baseada numa relação horizontal entre professores e alunos. Deste modo, a PES, sustentada num exercício de constante articulação entre teoria e prática, constituiu uma oportunidade de experienciar os desafios da docência e de compreender como é que esta pode concorrer para uma sociedade mais justa, livre e democrática.

Too Busy to Be Fair? The Effect of Managers’ Perceived Workload on Their Core Technical Performance and Justice Rule Adherence

Despite the organizational benefits of treating employees fairly, both anecdotal and empirical evidence suggest that managers do not behave fairly towards their employees in a consistent manner. As treating employees fairly takes up personal resources such as time, effort, and attention, I argue that when managers face high workloads (i.e., high amounts of work and time pressure), they are unable to devote such personal resources to effectively meet both core technical task requirements and treat employees fairly. I propose that in general, managers tend to view their core technical task performance as more important than being fair in their dealings with employees; as a result, when faced with high workloads, they tend to prioritize the former at the expense of the latter. I also propose that managerial fairness will suffer more as a result of heightened workloads than will core technical task performance, unless managers perceive their organization to explicitly reward fair treatment of employees. I find support for my hypotheses across three studies: two experimental studies (with online participants and students respectively) and one field study of managers from a variety of organizations. I discuss the implications of studying fairness in the wider context of managers’ complex role in organizations to the fairness and managerial work demands literatures.

Management of safety climate and the psychosocial work environment – new challenges for occupational health and safety professionals?

Introduction: The work environment and Occupational Health and Safety (OHS) practice have changed over the last number of years. A holistic OHS approach has been recommended by the authorities in this field (e.g. World Health Organisation (WHO), European Agency for Safety and Health at Work (EU-OSHA) and the International Labour Organisation (ILO)). This involves a unified action engaging elements of the physical and psychosocial workplace with greater focus on prevention and promotion of health and wellbeing. The health and safety practitioner (HSP) has been recognised as one of the main agents for implementation of OHS. Within an organisation they act as a leader of change and a professional who shapes health and safety while safeguarding the wellbeing of individuals at work. Additionally, safety climate (SC) has been developed as an essential concept for OHS of an organisation, its productivity and the wellbeing of its workforce. Scholars and practitioners have recognised the great need for further empirical evidence on the HSP’s role in a changing work environment that increasingly requires the use of preventative measures and the assessment and management of psychosocial work-related risks. This doctoral research brings together the different concepts used in OHS and Public Health including SC, Psychosocial workplace risks, Health Promotion and OHS performance. The associations between these concepts are analysed bearing in mind the WHO Healthy Workplace Framework and three of its main components (physical and psychosocial work environment and health resources). This thesis aims to establish a deeper understanding of the practice and management of OHS in Ireland and the UK, exploring the role of HSPs (employed in diverse sectors of activity) and of SC in the OHS of organisations. Methods: One systematic review and three cross-sectional research studies were performed. The systematic review focussed on the evidence compiled for the association of SC with accidents and injuries at work, clarifying this concept’s definition and its most relevant dimensions. The second article (chapter 3) explored the association of SC with accidents and injuries in a sample of workers (n=367) from a pharmaceutical industry and compared permanent with non-permanent workers. Associations of safety climate with employment status and with self-reported occupational accidents/injuries were studied through logistic regression modelling. The third and fourth papers in this thesis investigated the main tasks performed by HSPs, their perceptions of SC, health climate (HC), psychosocial risk factors and health outcomes as well as work efficacy. Validated questionnaires were applied to a sample of HSPs in Ireland and UK, members of the Institute of Occupational Safety and Health (n=1444). Chi-square analysis and logistic regression were used to assess the association between HSPs work characteristics and their involvement in the management of Psychosocial Risk Factors, Safety Culture and Health Promotion (paper 3). Multiple linear regression analysis was used to determine the association between SC, HC, psychosocial risk factors and health outcomes (general health and mental wellbeing) and self-efficacy. Results: As shown in the systematic review, scientific evidence is unable to establish the widely assumed causal link between SC and accidents and injuries. Nevertheless, the current results suggested that, particularly, the organisational dimensions of SC were associated with accidents and injuries and that SC is linked to health, wellbeing and safety performance in the organisation. According to the present research, contingent workers had lower SC perceptions but showed a lower accident/injury rate than their permanent colleagues. The associations of safety climate with accidents/injuries had opposite directions for the two types of workers as for permanent employees it showed an inverse relationship while for temporary workers, although not significant, a positive association was found. This thesis’ findings showed that HSPs are, to a very small degree, included in activities related to psychosocial risk management and assessment, to a moderate degree, involved in HP activities and, to a large degree, engaged in the management of safety culture in organisations. In the final research study, SC and HC were linked to job demands-control-support (JDCS), health, wellbeing and efficacy. JDCS were also associated with all three outcomes under study. Results also showed the contribution of psychosocial risk factors to the association of SC and HC with all the studied outcomes. These associations had rarely been recorded previously. Discussion & Conclusions: Health and safety climate showed a significant association with health, wellbeing and efficacy - a relationship which affects working conditions and the health and wellbeing of the workforce. This demonstrates the link of both SC and HC with the OHS and the general strength or viability of organisations. A division was noticed between the area of “health” and “safety” in the workplace and in the approach to the physical and psychosocial work environment. These findings highlighted the current challenge in ensuring a holistic and multidisciplinary approach for prevention of hazards and for an integrated OHS management. HSPs have shown to be a pivotal agent in the shaping and development of OHS in organisations. However, as observed in this thesis, the role of these professionals is still far from the recommended involvement in the management of psychosocial risk factors and could have a more complete engagement in other areas of OHS such as health promotion. Additionally, a strong culture of health and safety with supportive management and buy-in from all stakeholders is essential to achieve the ideal unified and prevention-focussed approach to OHS as recommended by the WHO, EU-OSHA and ILO.

Historical landmarks of decent work

Structured Abstract Purpose: this article systemizes the main historical milestones which led to the current concept of decent work and presents some implications for business. Approach: after presenting the scenario which gives a special meaning and importance to decent work, the historical landmarks are systematized until the definition of the Decent Work Agenda. Findings: Decent work is a concept that has evolved since the ILO Foundation in 1919 and had several important steps throughout its development: Philadelphia Declaration in 1944, ILO constitution update in 1946, Universal Declaration of Human Rights in 1948, Human Development Report, first edition in 1990, World Summit for Social Development in 1995, ILO Declaration on Fundamental Principles and Rights at Work in 1998, World Economic Forum in 1999, Global Compact in 2000, United Nations Millennium Declaration in 2000, ILO Declaration on Social Justice for a Fair Globalization in 2008, Global Jobs Compact in 2009, and inclusion in the 2030 Agenda for Sustainable Development. Throughout this development we can witness the refinement and operationalization of the concept, its institutionalization and its spread at political level, at least as an intention. Practical implications: the business area is a privileged forum to turn policies into practices and some examples are provided. Value: although decent work emerged in a very different social and economic scenario from the present time, it is claimed to be even more topical and relevant for the development of business and society today.