In View Of The Contractual Agreement That Every Employee Makes To Be Loyal To The Employer

This situation requires displacement, retraining and provision of a lighter or appropriate workload. It looks more like a social relocation. In the business organization, the practice is to force the VRS system or fire such employees. From the employers` point of view, this is fair to the company and the worker concerned considers it an unfair practice. Therefore, some issues are very sensitive to making ethical or unethical decisions. 24The last argument seems to imply that workers have few alternatives to the specific relationship between them and their employer to give value to their productive efforts. There is no symmetry between the employer and the worker, the latter being economically dependent on the former. For the employer, the relationship of dependency is very variable. The employer is not dependent on his employees, because if the economic relationship is broken, he does not lose all of his residual income (unlike employees). In addition, the employer can also organize production to replace employees with less expensive factors of production.

Therefore, the authority of employers in MTPR is indirect because it derives from the power conferred by property rights (Baudry and Chassagnon 2010). In other words, MTPR, which characterises the employment relationship from the point of view of power relations, seems `realistic` as regards the law of un organised undertakings. Indeed, this theory focuses on inequality between employers and workers, from which employers have the ability to unilaterally set working conditions. The MTPR highlights the importance of bargaining power resulting from the holding of capital in regulating the market relationship between the worker and the employer, which is indirectly a means of complying with the doctrine. The ethical question arises as to whether this practice is in the best interests of society and its workers, and some States are responding to it. California passed a law in 2017 stating that most non-compete obligations are not valid and states that while a worker must the employer responsibility not to compete during their employment, this obligation stops working. 10The collectively organised enterprise conforms to the system of industrial pluralism, according to which the collective aspect of labour relations and law must overshadow the various aspects.7 Two stages should be distinguished. .

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