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1 – 10 of over 3000Wei Chen, Zhuzhang Yang, Hang Yan and Ying Zhao
The construction industry is widely recognized as one of the most hazardous sectors in the world. Despite extensive research on safety management, a critical issue remains that…
Abstract
Purpose
The construction industry is widely recognized as one of the most hazardous sectors in the world. Despite extensive research on safety management, a critical issue remains that insufficient attention is devoted to safety practices in rural areas. Notably, accidents frequently occur during the construction of rural self-built houses (RSH) in China. Safety management tends to be overlooked due to the perceived simplicity of the construction process. Furthermore, it is essential to acknowledge that China currently lacks comprehensive laws and regulations governing safety management in RSH construction. This paper aims to analyze the behavior of key stakeholders (including households, workmen, rural village committee and the government) and propose recommendations to mitigate safety risks associated with RSH construction.
Design/methodology/approach
This paper applies evolutionary game theory to analyze the symbiotic evolution among households, workmen and rural village committee, in situations with or without government participation. Additionally, numerical simulation is utilized to examine the outcomes of various strategies implemented by the government.
Findings
Without government participation, households, workmen, and rural village committee tend to prioritize maximizing apparent benefits, often overlooking the potential safety risks. Numerical simulations reveal that while government involvement can guide these parties towards safer decisions, achieving the desired outcomes necessitates the adoption of reasonable and effective strategies. Thus, the government needs to offer targeted subsidies to these stakeholders.
Originality/value
Considering that during the construction phase, stakeholders are the main administrators accountable for safety management. However, there exists insufficient research examining the impact of stakeholder behavior on RSH construction safety. This study aims to analyze the behavior of stakeholders about how to reduce the safety risks in building RSH. Thus, the authors intend to contribute to knowledge in this area by establishing evolutionary game model. Firstly, this study carried out a theoretical by using tripartite evolutionary game to reveal the reasons for the high safety risk during building RSH. Practically, this research points out the important role of households, workmen and rural village committee in improving safety management in rural areas. Besides, some suggestions are proposed to the government about how to reduce construction safety risks in rural areas.
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L.J. Sellers, L.J. Davies and L.J. Salmon
June 15, 1967 Building — Safety regulations — Technical breach — Regulation requiring top of ladder to be lashed before used — Access to top of ladder by staircase — Scaling of…
Abstract
June 15, 1967 Building — Safety regulations — Technical breach — Regulation requiring top of ladder to be lashed before used — Access to top of ladder by staircase — Scaling of ladder by workman to lash it — Fall of ladder Whether workman solely to blame No instruction to use staircase — Whether workman would have obeyed such instruction — Liability of employers — Oil storage tank — Whether a “building” — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No. 1145), regs. 4, 29(4).
There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the…
Abstract
Purpose
There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.
Methodology/approach
This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.
Findings
There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.
Research limitations/implications
The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.
Practical implications
With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.
Originality/value
In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.
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Abstract
July 14, 1970 Industrial Training — Industrial levy — Construction industry — Levy imposed on company supplying labour to contractors — Company responsible for men's wages but not for P.A.Y.E. or national insurance contributions — Men free to refuse work — Whether employed by company under contracts of service — Tests — Whether levy properly imposed — Industrial Training Act, 1964 (c.16) s.4 — Industrial Training Levy (Construction Board) Order, 1966 (S.I. 1966, No. 1059), arts. 2, 4(2).
One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the contract of…
Abstract
One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the contract of employment and is therefore contractual in nature. Because of the difficulties which may arise in bringing an action in contract for breach of the employer's duty of care, the employee who has sustained injuries during the course of his employment (although he may sue either in contract of tort will normally bring a tort action.
Denning, L.J. Buckley and L.J. Orr
April 17, 1973 Industrial Relations — “Industrial dispute” — New definition not covering dispute between workmen and workmen — Lighterman deliberately allowing trade union…
Abstract
April 17, 1973 Industrial Relations — “Industrial dispute” — New definition not covering dispute between workmen and workmen — Lighterman deliberately allowing trade union membership to lapse — Union endorsing fellow workers' refusal to work with lapsed member — Employers warned of withdrawal of all labour if non‐unionist kept in employment — Employers acquiescing in union policy by sending non‐unionist off work on full pay — Whether warnings to employers “in contemplation or furtherance of an industrial dispute” where no dispute between employers and workers — Whether employers entitled to bring proceedings in tort in High Court if no industrial dispute giving immunity to alleged unlawful threats by union — Whether interlocutory injunction before trial of action appropriate on balance of convenience — Industrial Relations Act, 1971 (c.72), ss. 5(2), 33(3), 132(1), 167(1).
October 11, 1967 Negligence — Electricity — Unguarded electric wires — Electrician required to tighten wires — Mobile electric crane in course of construction — Not practice to…
Abstract
October 11, 1967 Negligence — Electricity — Unguarded electric wires — Electrician required to tighten wires — Mobile electric crane in course of construction — Not practice to guard wires — Whether absence of guard negligence — Electrician requiring to remove any guard to carry out work — Statutory duty — Duty to safeguard electric conductor — Fall while descending scaffolding — Whether “reasonably practicable” to guard wires — Whether employers in breach of statutory duty — Electricity Regulations, 1908 (S.R.&O. 1908, No. 1312), reg.2.
(ELIZ. II, 1966 CH.34) An Act to consolidate certain enactments relating to workmen's compensation or other benefit in respect of employment before 5th July 1948. (12th June 1967)
L.J. Sellers, L.J. Davies and L.J. Russell
March 1, 1967 Negligence — Duty of care — Causation — Illiterate employee —Notice informing employees of availability of spats — Metal spinner's inability to read notice — Spinner…
Abstract
March 1, 1967 Negligence — Duty of care — Causation — Illiterate employee —Notice informing employees of availability of spats — Metal spinner's inability to read notice — Spinner splashed by molten metal — Spats not worn by majority of em‐ployees — Divergence of opinion among employees as to desirability of spats — Whether duty to provide spats fulfilled — Whether, if breach, a cause of accident.
L.J. Danckwerts, John Stephenson J. and Gordon Willmer
May 6, 1969 Building — Safety regulations — Application — “Affect” — Workman's presence in particular place not reasonably foreseeable by employer — Whether workman affected by…
Abstract
May 6, 1969 Building — Safety regulations — Application — “Affect” — Workman's presence in particular place not reasonably foreseeable by employer — Whether workman affected by regulations — Workman not expressly forbidden to go to place in question — Whether impliedly authorised or permitted to be there — Workman's presence there unforeseeably foolish — Whether resulting accident entirely own fault — Liability of employers — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No. 1145), regs. 4(1), 27(2), 28(1).