Job security and temporary employment contracts theories and global standards

Chapter 2 examines legal protection of job security in temporary contract ininternational contexts where it examines the concept and need for job security andjob protection, especially f

SPRINGER BRIEFS IN ENVIRONMENT, SECURITY, DEVELOPMENT AND PEACE 9

Mehdi Shabannia Mansour 

Kamal Halili Hassan

Job Security

and Temporary Employment

Contracts

Theories and

Global Standards

Development and Peace

Volume 9

Series editor

Hans Günter Brauch, Mosbach, Germany

More information about this series at http://www.springer.com/series/10357http://www.afes-press-books.de/html/SpringerBriefs_ESDP.htm

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Kamal Halili Hassan

Job Security and Temporary Employment Contracts

Theories and Global Standards

123

Mehdi Shabannia Mansour

Department of Law Central

Malaysia

ISSN 2193-3162 ISSN 2193-3170 (electronic)

SpringerBriefs in Environment, Security, Development and Peace

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Job security is a significant aspect of employment It is a human right issue and ofgrave concern in temporary employment contracts Security of tenure is very muchlacking in temporary contracts But in today’s modern job market, the use oftemporary employment contracts by employers has become increasingly rampant.Thus, we need legal protection at national and global levels to address this issue Inthis book, the authors consider Iran as a case study This book is divided into fourchapters Chapter 1 reviews some theories of job security based on the works ofrenowned scholars These theories are reviewed to provide a better understanding

of the necessity for having job security These theories also identify some factorsthat show how and when job security can be attained in society Temporary con-tracts have some positive and negative aspects The chapter examines these theories

to show how job security issues should be regulated in labour laws to protectworkers and also how temporary contracts affect job security

Chapter 2 examines legal protection of job security in temporary contract ininternational contexts where it examines the concept and need for job security andjob protection, especially for temporary contracts based on three United Nations’instruments, namely the Universal Declaration of Human Rights (UDHR),International Covenant on Civil and Political Rights (ICCPR), and InternationalCovenant on Economic, Social and Cultural Rights (ICESCR)

Chapter3examines the ILO standards in relation to job security and temporarycontracts as well as those covered by the Philadelphia Declaration and other con-ventions and recommendations ILO sets the pace for promoting and protecting thelabour force through conventions These conventions were passed by each partic-ipating state after being adopted by ILO, and then, they become a part of thestatutes of countries that have accepted them ILO recommendations serve tointroduce conventions and also serve as a complementary instrument

Chapter4discusses Islamic jurisprudence on jobs and job security The main aim

of this chapter is to provide the framework for protecting workers as a means toenhance job security in the world, especially in Islam It discusses Islamic jurispru-dence concerning work and job conditions The Islamic precept is based on theQur’an and Hadith, and these sources are used to explain the concept of jobs in Islam

v

In addition, this chapter also examines the Cairo Declaration on Human Rights inIslam (CDHRI) passed in 1990 by the Organisation of Islamic Conference (OIC) inCairo The Cairo Declaration emphasises on human dignity and also affirmed fun-damental human rights such as the right to life, liberty, and security as outlined byUDHR In general, there are no remarkable differences between the principles con-tained in the Islamic and the international instruments’ declarations.

We wish to express our appreciation to everyone who has made the publication

of this book a reality, particularly Dr Hans Günter Brauch, Chairman of PeaceResearch and European Security Studies and Staff of the Law Library, UniversitiKebangsaan Malaysia We also acknowledge the assistance of UniversitiKebangsaan Malaysia for providing research grant: GUP-2016-074

February 2018

1 Job Security and Temporary Employment Contracts:

A Theoretical Analysis 1

1.1 Introduction 1

1.2 Generation of Human Rights 2

1.3 The Necessity of the Right to Life 4

1.4 Social Justice and Equality in the Life of a Worker 6

1.5 Social Security and Social Justice 7

1.6 The Right to Work 8

1.7 Theory of Decent Work 10

1.8 Theoretical Framework of Job Security 12

1.8.1 Classical Theories 12

1.8.2 Neoclassic Theories 14

1.8.3 Theories on Temporary Contract 18

1.9 The Relationship Between Temporary Contracts and Job Security 21

1.10 Conclusion 22

References 24

2 Job Security and Temporary Employment Contract in the Context of United Nation’s Instruments 27

2.1 Introduction 27

2.2 Formulation and Development of International Contexts in Employment Laws 28

2.3 The UDHR Standards on Job Security 30

2.4 UDHR Stipulations on Temporary Contracts 35

2.5 Job Security and Temporary Contracts in ICESCR 38

2.6 Job Security and Temporary Contracts in ICCPR 44

2.7 Conclusion 45

References 46

vii

3 ILO Standards on Job Security and Temporary Employment

Contracts 49

3.1 Philadelphia Declaration 49

3.2 Conventions and Recommendations of ILO 51

3.3 Effective Elements on Job Security Based on the ILO Standards 57

3.4 Supervision Methods for the Implementation of ILO Principles 59

3.5 Conclusion 62

References 63

4 Job Security and Temporary Employment Contracts in Islamic Jurisprudence 65

4.1 Islamic Jurisprudence Concerning Work and Job Conditions 65

4.2 Cairo Declaration on Human Rights in Islam (CDHRI) 69

4.3 Conclusion 75

References 76

About the Authors 79

Bibliography 81

Index 101

Fig 1.1 The human rights generations diagram 3Fig 1.2 Are labour rights human rights? 9Fig 1.3 Fayol’s diagram of industrial activities Source Welch

(2011: 9) 13Fig 1.4 Theory of Abraham Maslow (Hierarchy of Needs Theory)

Source Soren et al (2003) 15Fig 1.5 Dual-Factor theory 16Fig 1.6 The best aspects of Japanese and American theory combine

to form the nucleus of Theory Z Source Pride et al

(2011: 286) 19Fig 1.7 Conceptual Model of the relationship between Temporary

Employment status, Work Characteristics, and Job strain

Source Parker et al (2002: 692) 22Fig 3.1 ILO processes on ILO complaints and reports Linking

international and national law and supervision of provision 61

ix

Chapter 1

Job Security and Temporary

Employment Contracts: A Theoretical

Analysis

1.1 Introduction

Analysing legal theory is an essential starting point for any project relating to thelegal system (Burge-Hendrix 2012) Bacharach (1989) believes that“theory is astatement of relations among concepts within a set of boundary assumptions andconstraints, and a linguistic device to organize a complex empirical world.” Thischapter focuses on existing theories on human rights that are related to job securityand temporary contracts The right to life, social justice and equality in the life of aworker, social security, the right to work, and theory of decent work are very muchrelated to each other Discourse on job security theories in this chapter is as pre-sented in the classical and neo classical eras

Job security is a significant aspect of employment that requires study and isbased on several factors Job security is an abstract concept and has implications toother facets of human rights This chapter analyses human rights factors related tojobs and job security and some related theories Moreover, job security is based onhuman right precepts which are also covered in this chapter Job security has been

of much concern over the centuries People require jobs to handle their liferequirements and, consequently, having an appropriate job is a major aspect of theright to life Also, according to social justice and equality in life theories, workersmust have a constant income to handle life Workers as human beings need socialsecurity and protection to be able to handle their lives Apart from that, the right towork theories will be presented in this chapter that illustrates the necessity foreverybody to have employment

This chapter reviews some theories of job security based on the works ofFrederick Winslow Taylor, Henry Fayol, Max Weber, and Maslow as well as theDual-factor theory These theories are reviewed to provide a better understanding

on the necessity for having job security These theories also identify some factorsthat show how and when job security can be attained in society as conceived byMaslow Temporary contracts have some positive and negative aspects The authors

© The Author(s), under exclusive license to Springer International Publishing AG,

part of Springer Nature 2019

M Shabannia Mansour and K H Hassan, Job Security and Temporary Employment

Contracts: Theories and Global Standards, SpringerBriefs in Environment, Security,

Development and Peace 9, https://doi.org/10.1007/978-3-319-92114-3_1

1

examine these theories to show how job security issues should be regulated inlabour laws to protect workers and also how temporary contracts affect job security.Job security is a significant aspect of employment which is based on several factorsand precepts, such as human rights.

There are many theories about human rights and knowing their origins allow abetter comprehension of them The individual and social abilities of people have led

to the extension of human rights and freedoms which are fundamental for humanbeings Human dignity is a significant notion that is considered to be a key aspect ofhuman rights Although these rights are accepted rationally, they have frequentlybeen violated throughout various eras Intellectual developments in society, espe-cially after the Renaissance and its associated movements and struggles, have led to

a gradual recovery of human dignity and integrity Thus, human rights are sidered as part of a historical process which has passed through three or four distinctgenerations, and have gradually evolved Evans believes that generations are

con-defined in two ways Firstly, a historical transition refers to the changes that occurduring the time leading to the emergence of a generation Secondly, it refers to aqualitative shift which is based on a deepening layer such as in the computerindustry where new designs or approaches alter the previous generation to produce

a new generation (Evans 2005) From the historical point of view, human rights aredivided into the following four phases: establishing principles, standard-setting,coping with the“new world order”, and making rights real (Evans2007).However, history has led to the evolution of generations of human rights butanother generation framework is seen in the case of categories of rights In otherwords“Generations of Human Rights” are based on a category division which areindividual civil and political rights, economic, social and cultural rights, solidarityrights or collective rights (Hashemi2005)

This book follows the theory based on these divisions The UniversalDeclaration of Human Rights (UDHR) does not explicitly separate the generationsbut the text of the declaration sets out civil and political rights in Articles 1–21,economic, social and cultural rights in Articles 22–27, and the separation of thesegenerations is clearly obvious (Shikyil1998)

This breakdown led to a separate International Covenant on Civil and PoliticalRights (ICCPR) from the International Covenant on Economic, Social and CulturalRights (ICESCR) which were implemented and simultaneously adopted in 1966(Ife2001) This will be discussed in Chap.2

Thefirst generation objective was aimed at regulating civil and political rights byprotecting the general interests of people and preventing abuse of political power(Petersmann2003) So, in thefirst generation, civil rights or human rights refer tofreedom of opinion, expression and the press, personal ownership, the right topersonal security in relation to justice and the police, the right to life, the right to

privacy, prohibition of torture and inhuman or degrading punishment, prohibition ofslavery and forced labour and the provision of equality before the law Additionally,political rights refer to equal access to public participation in the elaboration oflaws, the control of taxes, and citizen control over the administration (Fig.1.1).The second generation emphasises economic and social rights focusing oneconomic rights to improve the social well-being of humans More specifically, itrefers to the right to work, freedom of association, the right to education, learning,and the right to insurance for sickness, old age and disability (social insurance).Solidarity rights refer to the right of people to self-determination, the right topeace, the right to development, the right to humanitarian assistance, environmentallaw, the rights of sexual minorities, ethnic, religious, linguistic, etc (Alston1982).

As the third generation of human rights these have been emphasised in the laration of the Stockholm Conference in 1972, and is not only implemented indi-vidually but also collectively Hence this grouping is often referred to as collectiverights

dec-There are arguments concerning the fourth generation of human rights Manyscholars have transferred some rights of the third generation to the fourth genera-tion On the other hand, the fourth generation has followed a different concept.Some scholars stipulate that“fourth generation rights correspond to the well-being

of mankind” (Cornescu2009) while others believe that they are the so-called‘rights

• Right to genetic identity

• Obligation of States to defend the person and its dignity, regardless

of its genetic characteristics.

• Limits of intervention

on a person's genetic characteristics.

• Respect of humans ego from conception to real death.

environment, clean air

and water, etc.

• Right to an adequate income

• Right to social security

• Equality before the law

• Equal access to public

Rights)

Second Generation (Economic, Social

and Cultural Rights)

Fourth generation

(Rights of future generations)

Third Generation (Solidar

ity rights or Collective Rights)

Fig 1.1 The human rights generations diagram

related to genetic engineering’ which are part of the doctrinal debate in regard totheir recognition or prohibition of certain activities (Cornescu2009) This categorybelongs to rights of future generations which do not belong to individuals or socialrights as it refers only to humanity.

In reviewing these theories, it can be concluded that thefirst, second and thirdgeneration of human rights form the basis for this book In fact, job security andlabour protection refer to civil, social, economic and solidarity rights Therefore, thenext section of this chapter will examine the theories of the right to life, as animportant part of job security

1.3 The Necessity of the Right to Life

The right to life is a basic right, and this section focuses on it in relation to workers

It is one of the basic rights and the right to job security derives from it Being aware

of the ideas of scholars on the right to life will allow for a better understanding ofthe necessity to have job security The right to life is generally defined as any rightthat belong to a human to live Broadly, the right to life is based on human rights inwhich other rights are meaningless without having life Several rights such ashuman dignity, the right to work, appropriate living conditions and health arecovered within the ambit of the right to life The right to livelihood and work areimportant facets of this right the absence of which can lead people to lose theirlives Labour rights are only useful to those who are alive, who can walk out, andwho can continue to compete effectively in the labour market for other jobs(Natassja2002) All human rights are derived from the right to life Broadly, it is acontinuous process which starts from when a human is born up to the time of death

In fact, the right to life must be guaranteed in any civilised state by the ernment through the provision of water, food and a decent environment for work Inpromoting job security as a subpart of decent work, the right to life can be con-sidered as the first step It means that there are mutual directions between jobsecurity rights and the right to life In short, people need job security to keep theirlife and also that life rights should be promoted further job security As such, theseare fundamental human rights considered necessary in any civilised community(Verma2005) Additionally, the ICCPR interprets the right to life to mean that“noperson shall be deprived of his or her life in a civil and political sense”.1This isdiscussed further in Chap 2 The right to life refers to the right to engage innecessary activities to maintain life So, a mature man has the right to work toachieve the goods he needs to sustain himself and his family, without hurtingothers People must not harm others in order to gain their rights (Zahedi et al.2007)

gov-It can be supposed that if people are deprived of work, consequently they are

1 ICCPR Article 6(1): “Every human being has the inherent right to life This right shall be protected by law Noone shall be arbitrarily deprived of his life ”.

deprived of life and living (Agalgatti/Krishna2007) Additionally, if the state doesnot provide the environment to enable persons to achieve their rights, it willindirectly force people to harm other to get their rights In civilized society, mancannot sustain life without having work and income as these are intertwined Thus,

in a society where job opportunities are few and the job seeker population is large,the right to life could be easily lost This led to the emergence of various challenges

in society such as social, criminal, economic and moral challenges

In the view of Ramcharan (1985), the interpretation of the right to life is“on theone hand, the strictly individual nature of this right while, on the other hand,accentuation of the predominately intra-state aspects thereof.” Generally, the right

to life has various dimensions The ones discussed here are related to the rights oflabourers as noted in the UDHR (Article 3), ICCPR (Articles 4 and 6), UnitedStates Declaration of Independence, the European Convention on Human Rights(Article 2), the Convention on the Rights of the Child, the International Convention

on the Protection of the Rights of All Migrant Workers and Members of TheirFamilies, the Convention on the Rights of Persons with Disabilities, the AfricanCharter on Human and Peoples’ Rights and other international and national con-texts In fact, these rights are the roots from which other rights derive The right tolife beckons the duty to live (Pruthi2005) The right to life implies some duties thatarise from those rights It refers to the duty to help people to be alive by providingtheir necessities such as food, clothing and medical care (White 2008) Howevermany factors affect the life of man; nutrition is the main factor which is directlyrelated to having a job

Locke defines the right to life as a right not to be killed unjustly “A right to life

… would not be violated by defensive measures designed to protect one’s personfrom life threatening attacks” (Sterba1998: 53–54) Indeed, people must be able tohandle their livelihood and the state must protect them State should provide someinfrastructure before any baby is born Yet, would this right be violated when thereare poor people who cannot handle their livelihood and even die due to starvation?Through the unfair division of wealth, many people lose their life as they cannotobtain their basic needs for living This is also an issue that the state must considerfor protecting the right to life In other words, according to the view of ThomasJefferson as mentioned in The United States Declaration of Independence, a“subset

of the right to life is the pursuit of happiness” (Udombana 2008: 59–60) So,decreasing stress as the result of having enough income, an appropriate job and jobsecurity would be a subset of the right to life

Overall, workplace safety, social security, job security and health insurance,equality and security are other components of the right to life (Block2006) Hence,there is a key relationship between the right to life and other human rights such asthe right to work and to have income, social justice and social security which would

be meaningless without such rights

1.4 Social Justice and Equality in the Life of a Worker

Another notable theory which is related to job security and implied to labour issocial justice In this section, social justice as based on the ideas of scholars isexamined to understand this concept and promote job security based on thesetheories Social justice is fair action in a society based on equality and solidarity andalso considering human dignity (Zajda et al.2006) This implies a link betweenhuman rights and equality, especially in terms of economic egalitarianism In otherwords, it defines “the way in which human rights are manifested in the everydaylives of people at every level of society” (Blanpain/Israel2001: 2) When nationswere formed, they relied on four principles, namely justice, wisdom, bravery andmoderation So, equality and justice are notable issues and aims in the currentcentury

Social justice has been used in the division of resources and opportunities byconsidering work conditions and standard wages and benefits (Wolff 2006) Theprovision of greater equivalence in economic opportunities such as equitableincome for the same work must be considered by those who set policies for society

in a just system and this must be available to all people of the world so as to bringstability Even the International Labour Organization (ILO) stipulates that “uni-versal and lasting peace can be established only if it is based upon social justice”(Servais2011: 45) This shows the importance of justice as a global effort In fact, afair distribution of justice must be handled by the state to cover all people asmembers of society

However, the term social justice was originally formed based on teachings(Smith/Osborn 2007: 64), and gradually extended to refer to any social action.Based on who is using this word, it can have several meanings Extending socialjustice in the workplace is the basis of this book due to the unbalanced relationshipbetween workers and employers Generally, employers try to decrease expenditure

by reducing wages which has a negative impact on labourers who have less powercompared to the employer So, to create social justice, regulations should protect theweaker parties (Tumaini2012) In fact, social work appears to be the pursuit ofsocial justice Also the theory of workplace equality, which is part of the concept ofsocial security, emphasised “liberality, equality of opportunity, procedural justiceand equality through sameness” (Cornelius 2002: 33) The basic concept of allhuman rights is implemented through justice and equality, especially for weakpeople

Miller believes that social justice implies the repartition of advantages (money,career, personal security) and disadvantages (dangerous work, hardship) in society(Miller 1999) and how this social justice is distributed by social institutions isimportant Job insecurity is one aspect that has led to the growing issue of socialjustice For instance, this is apparent in North America where social benefits are notprovided as much as in some European countries (Tremblay2009) Additionally, alack of social justice is clear for aging workers who are near the end of their activeworking life and suffering from poverty Supporting the income levels is proposed

by many theories as a main factor contributing to economic security and socialjustice In fact, job protection presents a level of social justice and some form ofeconomic security (Standing 1999) Economic justice is related to economicwell-being such as standard wages, pay equity, reduced job discrimination and theprovision of social security Generally, justice and equality must be presented insociety These cause to extend peace and well-being in the world Creating socialjustice needs to create factors such as social security Based on social justice socialsecurity and job security should be provided for all labour.

1.5 Social Security and Social Justice

Social security is part of social justice and seeks to promote employee protectionagainst unpleasant incidents Throughout history, society has been concerned withsupporting and protecting the vulnerable segments of their populations Forexample, in the past this measure was seen as a religious duty by various charities

In the twentieth century, society sought to manage this issue by adopting provisions

to support people who were unable to maintain their livelihood by offering socialprotection An important issue for most people is economics which refers to theallocation of resources, demand and supply, and prices, and promoting bettereconomic conditions has led to an increase in happiness and well-being in society(Blanchflower/Oswald2000) As such, an important elements of socialist support iseconomic which strictly depends on job, salary and job security In recent decades,there have been arguments among scholars over the meaning of security andinsecurity, although the growth of technology and changing life styles has causedthese concepts to change gradually Standing (1999) believes that security refers to

a feeling of well-being and enjoyment of self-esteem This means that securitywithout self-respect is meaningless In contrast, insecurity implies uncertainty andanxiety Social security is one form of security which must deal with the safety ofpeople in a society and is a source of social identity (Fontan et al 2005) Manywriters believe that work is an important aspect of human security as it provides foreconomic needs and security (Nussbaum 2001) Additionally, employment isintertwined withfinancial needs and social security

As noted by Churchill,“social protection helps people to cope with importantrisk and loss of income, managing change in the economy and to stabilize theeconomy by providing replacement income” (Churchill 2008: 48) For example,unemployment benefits as a social security measure helps workers to maintain theirpurchasing power The main aim of social security is the promotion of well-beingand the elimination of poverty in society which can be achieved by the provision ofinsurance Social security as an effective right of humans is mentioned directly andindirectly in international contexts such as the ILO as noted in the following chapter(Tumaini2012)

Overall, social insurance is the main pillar of social security and in developedand industrial countries, it is the basis of social welfare Social insurance comprises

elements such as compulsory participation, government sponsorship and regulation,benefits prescribed in law, benefits not directly related to contribution (compared tobenefits related to income of workers with a previous income) (Kingson/Schulz

1997) In fact, these elements if implemented properly provide a template for allcountries that wish to develop and promote social security

Another theory that illustrates the need for job security is that relating to the right towork The right to work is derived from the right to life and the undeniable rights oflabour which has entitlements in its role as workers (Agalgatti/Krishna2007: 266).The right to work is a broad notion about human rights at work Broadly, the right

to work implies the right to choose a job freely, fair working conditions, fair wages,job security, the right to collective agreement, the right to forming unions and theright to strike (Mantouvalou 2012) In the modern world, the right to work isincreasingly being debated Pruthi (2005) believes that the worker has the right towork and must be protected by society during employment and unemployment.The ‘right to work’ was first mentioned by Louis Blanc, a socialist leader inFrance, in the 19th century Following the 1846financial crisis, the sharp increase

in the number of unemployed people led to the French Revolution in 1848 (SmithRobertson 1952) The right to property led people to think about the right to work,because previously, in the feudalism era, people were forced to work on theproperty of others and they were not in any position to ignore it When peoplebecame the owners of their properties and the era of slavery had passed, humansbegan to think about the right to work to gain a sufficient standard of living(Gudmundur/Asbjorn1999)

There are three different approaches in regard to the rights of workers as humanrights or whether labour rights are considered human rights These are not alwaysdistinguished by adequate explanation (Mantouvalou 2012) The first is a posi-tivistic approach that implies that many labour rights are human rights and con-sidered in the international contexts So, based on this approach, the question ofwhether labour rights are human rights is easily answered as presented in theinternational context (Mundlak2007) Based on a survey of human rights laws,“iflabour rights are incorporated in human rights documents, they are human rights Ifthey do notfigure therein, they are not human rights” (Joseph/McBeth 2010: 36).The second approach is instrumental which considers the consequence of strategieswhich leads to improving labour rights as human rights In fact, these strategies areused by scholars when analysing the problem This means that“if strategies are, as

a matter of social fact, successful, the question is answered in the affirmative; if not,scepticism is expressed” (Fenwick/Novitz2010: 587–588) The third approach is anormative one which assesses and examines the meaning of human rights in the

definition “This path is the one that has been the least taken in the literature”(Davidov/Langille 2011: 137) This way is a useful concept for the two previousapproaches (Fig.1.2)

According to Jeremy and Mark,“Work provides individuals in a society with anelement of human dignity as key contributors to that civilization, while also pro-viding remuneration, which might allow them to secure an adequate standard ofliving” (Jeremy/Mark2011: 3) In the view of Udombana,“work is a human rightbecause it is a means to an end for human survival” (Udombana 2006: 181) It can

be said that work is an important factor in human rights Moreover, the right towork should not be ignored due to its positive role as an enabler for other humanrights Work is an inevitable right for achieving basic rights such as food, housingand clothing and directly impacts on the level of attainment of human rights such aseducation, health and culture (Magdalena/Magdalena2003)

Many people believe that the right to work is not truly guaranteed due to theexistence of unemployment and some unfair working conditions and, according toLester, “Work continues to be an essential part of the human condition” (Lester

2005: 331–334) The important element of the work condition is income.According to Harvey, “unconditional basic income sufficient to support a modestbut dignified existence” (Harvey 2002: 8) is necessary Basic security as a key ofcivilized society encompasses basic salary security in a 21st century society whichmust be fairly equalized (Standing2005) Moreover, the right to work is part of ahuge debate which is divided into various distinct rights that are interrelated.Several theories have been presented to identify the elements of this division.Branco (2006) presented the two elements as qualitative and quantitative approa-ches to the fragmentation of this right where the former refers to modality and jobconditions such as dignified or decent work while the latter implies a sufficient basicrequirement and job opportunities for job seekers The qualitative aspect of the job

is a set of elements comprising fair wages, fair conditions, fair security, fair

Are Labour Rights Human Rights?

Positivistic approach

Instrumental approach

Normative approach

Fig 1.2 Are labour rights human rights?

privileges, reasonable hours and so on (Craven1998) The state has a key role tobalance both qualitative and quantitative approaches to the right to work.

Overall, different theories have been expressed around the right to work andcomprise three components, namely the right to freedom, the right of individuals towork, and the right to decent work (Mundlak 2007) Freedom implies workerschoosing their jobs freely Therefore, infrastructure is required to provide sufficientoccupational opportunities in society The right of individuals to work refers to theavailability of job opportunities for those who want to work If a person decides towork there should be opportunities for that person to obtain employment In fact,the right to access a career is a subset of the right to work in order to move towardsfull employment (Lester 2005) The third right is to have decent work whichindicates the conditions at work such as equal payment for equal work, fair security,etc Generally, full employment and good conditions at work are the mutual goals

of the right to work theories Nevertheless, full employment depends on severalfactors such as the economic condition of the state, the social policies and the rule

of the state, limitations relating to international trade, planning and the strategies ofgovernment and so on (Craven1998) In another theory, Harvey mentioned that theright to fair competition at work is another element of this right meaning that allpersons can be promoted based on their capabilities and this condition should beavailable for all workers The main factor in this argument is that people work based

on their skills which directly depends on the availability of job opportunities

As mentioned before, one of the dimensions of the right to work is the right todecent and dignified work Also, there are several theories about decent work asdiscussed in the next section

Mere provision of any kind of work is not acceptable for humans who need decentjobs Decent work is related to the goals of work in human lives and includes workopportunities with security and a fair income as well as providing adequate careeropportunities Recruitment must be considered as a human activity that takes intoaccount humanitarian aspects rather than as a pure mechanical function related only

to productivity (Budd 2004) This means that human rights must be given moreconsideration, compared to thinking about people as just pawns in a labour system.The dignity of humans is more important compared to the goals of employers.According to the Philadelphia Declaration, humans are not goods (Deshingkar et al

2012), and considering human rights, especially dignity, should be the main ment at every stage of the production process

ele-The concept of decent work had its origins in the idea that“work is a source ofpersonal dignity, family stability, peace in the community, government account-ability and economic growth that expands opportunities for productive jobs andenterprise development” (Fapohunda2012: 105–106) All these elements impact ondecent work and would be meaningless without these factors Decent work is

considered as opportunity for work that provides for equity in income, security ofthe workplace, social security for the employee and his/her dependents, promotesperspectives for personal and social development, provides freedom of expressionand extends the equality of opportunities for both genders It introduces the realitythat all people need to achieve a living requirement if they are to have liberty(Fapohunda2012) Briefly, labour should be able to freely express their concernsand needs in the workplace and be assured that speaking out does not affect theirjob position Certainly a society is impoverished in the absence of good productsand decent work (Deshingkar et al.2012) Generally, the main goal of decent work

is to reduce unemployment and enhancing the quality of work

In 1999, the ILO, as the main organization for workers, presented the DecentWork Agenda which is based on the 1998 Declaration of Fundamental Principlesand Rights at Work (Budd2004: 1) The Decent Work Agenda emphasized free-dom, justice, security, equality and dignity for all workers (Deshingkar et al.2012).Four strategic objectives were considered necessary for decent work to be imple-mented in society, namely job creation, guaranteeing rights at work, extendingsocial protection and promoting social dialogue (Fapohunda2012) Creating jobsrefers to promoting the economy to create opportunities for work and investment.Job creation must be considered by the state to provide decent work Anothernotable factor is providing a suitable environment at work as they are vulnerable,and to allow worker representation to guarantee their rights at work Additionally,social protection which implies the conditions of work, privilege and social securityfor workers and their families as well as providing adequate rest and free time must

be implemented as strategies of decent work Apart from the above, the formation

of independent workers’ and employers’ organisations is another significant tribution towards the implementation of this concept Overall, implementing thesestrategies is a sensible way for extending and promoting the concept of decentwork

con-Promoting both quality and quantity employment is a central goal of decentwork in civilized society as is the defence of labour rights As such, reducingunemployment, transforming to full employment, and improving rights at work areall major ingredients of decent work In fact, the quantity of job creation whileacceptable in proportion to the job seekers of society must also meet the quality ofwork criterion Decent work must be capable of protecting against vulnerability aspeople rely on such work with less risk Fapohunda (2012) believes that“the lack ofdecent work has been identified as the primary cause of poverty”

The ILO describes certain characteristics for decent work as “employmentopportunities, acceptable work, adequate earnings and productive work, decenthours, stability and security of work, fair treatment in employment and at work, safework environment, social protection, combining work and family life, social dia-logue and workplace relations” (Anker et al 2003: 147–178) Among these char-acteristics, the stability and security of work is the most relevant The ILO reportcontinues that“losing one’s job or work is a serious event for most people, and jobsecurity is seen by most people as an important aspect of decent work” (Singla

2009: 46) Thus, security covers the main part of decent work and, accordingly, job

security has an effective role in promoting worker security There are many ments and elements involved in job security In fact, thefirst step in job protection

argu-is decreasing the uncertainty of losing a job which argu-is related to economic, culturaland civilised conditions which are particularly relevant to this chapter All theories

of decent work mutually emphasise social security in society which is a startingpoint of a civilised system

Overall, decent work is intimately linked to elements of job security In short,stability and security of employment are mutual elements of decent work and jobsecurity, and it is the role of the state to provide adequate and appropriate infras-tructure to facilitate the promotion of decent work in society

1.8 Theoretical Framework of Job Security

Theories concerning job security are generally classified as classical and sical Although classical theories, developed in historical sequence, neoclassictheories as later ideas have not replaced earlier ones Instead, each new theory hastended to complement or coexist with previous ones

neoclas-1.8.1 Classical Theories

Classical theories are often described as the father of neo classic theories and wereformed and expanded between 1900 and 1950 In fact, they are not comprehensivedue to the immaturity of classic theory

Frederick Winslow Taylor presented four principles that would increase theinterests and benefits of workers These principles are: replacing rule of thumb workmethods with methods based on science, scientific approaches to the selection,training and development of workers, division of responsibilities by applying sci-entific management principles, and co-operation between workers and employers(Buley2006) This theory emphasises on productivity based on science and goodcollaboration of human resources in the workplace However, the main aim of thistheory was to increase work efficiency work and productivity, as most labourersignored such ideas as they were afraid of losing their job The people thought that ifthey worked hard then their colleagues or they themselves could befired In fact,the main challenge of the Taylor theory was security and specifically job security.Labour in that era thought that if they work better, then their colleagues wouldconsequently lose their jobs In fact, if the workers had job security and wereassured of it, this evolution, based on the Taylor theory, would have taken placesooner Although these principles lead to a gradual increase in salaries, but “jobsecurity [was] more important than high salaries” (Ogilvie2005: 22) Overall, thelack of job security leads to people to be reluctant to increase their contribution atwork However, this theory was a good in explaining the evolution in productivity

but was not developed as much as it could have been This weakness was formedbased on the absence of job security, which was included in other theories such asthe Fayol Theory.

Another notable theory is that of Henry Fayol which is related to the fundamentalprinciples of management He presented fourteen principles which are the division ofwork, authority, discipline, unity of command, unity of direction, subordination ofindividual interests to the general interest, remuneration, centralization, scalar chain,order, equity, stability of tenure of personnel and job security, initiative, and Esprit

de corps Implementing and promoting these principles led to promoting ment and consequently productivity Security and stability of employment is asignificant principle of this theory which refers to the necessity of time for eachworker to show their abilities and capabilities Additionally, job security leads tolabour working better Figure1.3illustrates the responsibility of the employer as amanager of labour It can be said that attention to the benefits accorded to workersleads to higher motivation and subsequently employers reap greater benefits.The Theory of Bureaucracy is also mentioned in connection with job security.Max Weber presented this theory which is ideal and has implications for allorganizations He believed that all legal orders by themselves are not authoritative;

manage-in fact, only when legal orders are implemented manage-in society can legal authority exist(Weber1997) Weber rationalized bureaucracy and presented its characteristics Hementioned that the main characteristic of an organization is being bound by rules, asphere of competence, the principles of hierarchy, the use of specialized training,impersonal detachment, maintaining records and keeping career service details(Sapru 2008) Thus, in the model of bureaucracy the main aims are to protectworkers, decision making and the control of resources In fact, this model is an idealstructure for an organization As Govindarajan states,“Another important aspect ofideal bureaucracy is that employment is based on technical qualifications The

Managerial Responsibilities

Financial

Security

Managerial

Accounting Technical

Commercial

Fig 1.3 Fayol ’s diagram of industrial activities Source Welch ( 2011 : 9)

bureaucrat is protected against arbitrary dismissal, and promotions are basis onseniority and achievement.” (Govindarajan et al 2005: 15) Sapru notes that,

“Weber’s bureaucratic structure provides for (a) payment of salaries in accordancewith responsibility as well as social status; (b) promotions and career advancement

on the basis of both seniority and achievement; and (c) appeal and grievancemachinery” (Sapru 2008: 83) Merton believes that bureaucracy can influencepersons who are seeking stability, continuity, and precise rules These features can

be provided by creating job security and stability in this system (Federico1979) Assuch, the stability of careers is considered to be a duty of this system Overall, based

on bureaucracy, the issues or shortcomings of the traditional system would besolved In fact, this system prevented any arbitrary rulings of employers againstworkers and led to promoting the security of labour In addition, this structurepromotes the skills of workers due to the provision of training in specific areas, and

in turn leads to increasing job security through enhancing the abilities of theworkers

To sum up, the classic theories mentioned in this section rely on the significance

of job security to protect workers which is considered an important factor

1.8.2 Neoclassic Theories

Taking into consideration human needs, many theories have been presented thathave implications for motivating people Job security like many others is a majorhuman need and must be handled through a system that is able to satisfy all suchneeds in a suitable fashion Actually, neoclassic theories are based on humanrelationships and human dignity In this era, the importance of job security andunionism were given much emphasis in labour laws Some of these theories arereviewed in this section

Maslow (1943) presented his theory of the Hierarchy of Needs which prioritiseshuman needs intofive groups Maslow’s theory is one of the most accepted theories

of human nature and is illustrated in Fig.1.4

In fact, security is the second most important group of human needs mentioned

in Maslow’s theory Having security needs without physiological needs is ingless Maslow’s theory believes that human behaviour at any given moment ismotivated by primary as well as psychological needs Indeed, these arefirst steps topeople becoming satisfied If these basic needs are fulfilled, then the next level ofneeds are sought which involve safety From the international point of view, thetheory of Maslow led to companies concentrating on economic settings as a prin-ciple of worker motivation In short in speaking of security, physiological needsmust first be handled For example in some developing or third world countriessuch as Bangladesh, most peoples’ focus is on acquiring income and precludethinking about the next level which is safety, while in developed counties such as inEurope, people seek self-esteem and self-actualization more as they have pro-gressed beyond the previous level of needs (Ahlstrom/Bruton2009) The lowest

mean-level belongs to psychological needs which are intertwined with adequate pay Inadapting workers to this hierarchy model it can be said that the attention of labour is

to gain money until they have earned sufficient income, followed by the next basicneed to achieve an appropriate level of job security, and subsequently labour focus

on obtaining sufficient job recognition and status, and lastly they pay attention tobecoming successful (Young 1998) These are a priority for furthering humanitybased on their needs

Maslow viewed jobs and job security as two fundamental and basic levels ofhuman needs which must be implemented in society The promotion of alldimensions of cultural, civilization and social aspects of society are intertwinedwith job opportunities and job security Concentrating on the needs of human isessential for achieving a good quality of every aspect of life such as work Allphysical and social environments in the workplace must be considered by anemployer to provide fulfilment of the needs of the workers Overall, the Maslowtheory as the basis of many other theories classified safety as the second level ofhuman needs Thus, having a job is thefirst level of this theory while the secondlevel is job stability and benefits, and these are considered as two base indicators ofthis theory

Another notable theory on job security is the Dual-Factor theory as presented byFrederick Herzberg and sometimes called the Fredrick Herzberg MotivationTheory He analysed “job attitudes of 200 accountants and engineers who wereasked to recall when they had felt positive or negative at work and the reasons

Morality, Creativity, Spontaneity, Problem solving, Lack of prejudice, Acceptance of facts

Self -esteem, Confidence, Achivements, Respect for others, Respect by others

Friendship, Family, Sexual intimacy

Security of Body, Employment, Resources, Morality, Family, Health, Property

Breathing, Food, Water, Sex, Sleep, Homestasis, Excretion

Fig 1.4 Theory of Abraham Maslow (Hierarchy of Needs Theory) Source Soren et al (2003)

Based on Herzberg’s analysis, there are two steps for identifying workersatisfaction and motivation, that is, Hygiene Factors and Motivation Factors In thehygiene group, the needs are working conditions, salary, job security, companypolicy and the quality of supervision This group implies the need to avoid dis-satisfaction at work and the lack of such factors leads to displeasure and unhap-piness The second group relates to motivation needs which include challengingwork, achievement, growth in the job, responsibilities, recognition, and advance-ment These are based on individual needs which lead to a growth of job satis-faction This theory led to the promotion of the employers’ vision of humanbehaviour and needs The absence of motivator or hygiene factors leads to adecrease in productivity, poor quality work, employee strikes and so on In fact,employers must reorganise work to ensure effective motivation factors Herzbergidentified three job designs consisting of job enlargement, job rotation and jobenrichment for rearranging work (Jain 2005) As result, job security is part ofhygienic group identified by Herzberg It shows the importance and necessity ofhaving job security for employee satisfaction (Fig.1.5)

Nevertheless, both Maslow and Herzberg indicated that needs must be satisfiedfor workers to be motivated There are some common themes in both the theories interms of describing the concept human needs Herzberg defines salary and personallife which equate to Maslow’s psychological needs, and both stress on security andjob security as important in society (McCann 2002, 2008)

Fig 1.5 Dual-Factor theory

2 J Riley, ‘Herzberg Two Factor Theory’.

The theory of Immaturity-Maturity as presented by Chris Argyris notes the effect

of organizational learning on human growth His theory of human behaviour isbased on the characteristics of the individual, work group and the organization(Naidu 2005) In fact, the immaturity-maturity theory implies a set of behaviouralchanges that take place from childhood to adulthood and maturity Striving formaturity follows seven dimensions which are transferred from a passive to an activestate, dependence to independence, less to more behaviour, shallow to deepinterests, short-term to long-term perspectives, subordination to equality or supe-riority and non-self-awareness to self-awareness or self-control (La Monica2012).Each person has a potential that an organization can dampen or develop by creatingsituations and particular circumstances Organizations often prevent the develop-ment of human maturity and tend to keep labour passive Organizations try tocontrol and subordinate employees while workers want to be free and independent

So, the nature of human behaviour and organizational aims are in conflict Whenthe human transforms from immaturity to maturity (childhood to adulthood), theydevelop their potential growth and have a reduced tendency to follow or adhere torules However, working in a company is against this need and labour must befollowers Some problems of workers in the workplace are work attitude, depen-dency, behavioural, interests and lack of professionalism, concern, position andself-awareness (Temple2012) In this situation, promoting job security and creating

a stable environment for workers is a sensible way to control the organization andincrease productivity

The System Theory as presented by Bertalanffy was a new method of thinkingwhen first presented Based on this theory, the organization is an open system

“which interchanges information with external environment through its permeableboundary” (Singh2001: 207) This theory concentrates on relations and alignmentbetween components which link them as a unit Labour are components of thissystem and all components impact on the system The organization is also a smallsystem, and the absence of job security leads to increasing stress and mentalpressure on workers and consequently the system tends to fail Thus, according tothis theory, supporting and protecting the workers is also a significant measurewhich must be followed by employers and the government In this situation awell-defined and circumscribed system with clear demarcations of rights andresponsibilities will have greater chance of success

The Contingency Theory expounded by Fred Fielder notes that“different types

of groups need different leadership” (Sadler 2003: 74) where there is no singledistinct way and plan for an organization Also it believes that the efficiency ofproductivity is based on an employer providing motivation and the ability to controlthe worker situation This control over the worker situation refers to their mentaland physical condition in the workplace, and effective variables in a controllingsystem focus on high quality, a paternalistic attitude to workers by the organization,

a continuous improvement of all worker processes, encouragement of teamwork,life time employment, job security andflexibility of the worker These are majorfeatures of the Japanese system (Grant et al 2010) In fact, an element of job

security is essential for increasing productivity in an industrial situation and theright to job security must be considered in relation to properly protecting labour.

It can be concluded that job security will be taken into consideration when somebasic requirements have been met Overall, it is necessity of labour to have jobsecurity for life Promoting job security is of benefit to both labour and employers

as it is a good motivator for productivity and organisational wellbeing

1.8.3 Theories on Temporary Contract

As mentioned above, one of the important elements providing for job security ishaving long term contracts This section discusses the nature and some theories ontemporary contracts to determine if their impact on job security and the mainreasons for having temporary contracts

1.8.3.1 Theory of Z

Ouchi outlined his Theory Z based on the productivity of American and Japanesecompanies Based on his book, he believed that certain elements contributed toJapanese workers being more hard-working than their American counterparts.These included “lifetime employment for workers, collective decision making,collective responsibility for the outcome of decisions, slow evaluation and pro-motion, implied control mechanism, non-specialized career path and a holisticconcern for employees as people” (Pride et al.2011: 285) In contrast, Americancompanies emphasize on short-term employment and also individual decisionmaking and rapid evaluation These different methods applied in these two coun-tries have led to different levels of productivity Based on Ouchi’s view, Japanesepeople work more efficiently and harder although some American work factors areacceptable and good for increasing performance Based on that, he presentedTheory Z which is a combination of the methods of these two countries

Theory Z focuses on long term employment Ouchi believes that temporarycontracts can lead to some negative effects on workers and consequently decreaseproductivity Most of this part of the theory emphasizes collective decision making(Talloo2007) Figure1.6describes Theory Z

Overall, regulations as a main source of control must be considered by the state

in creating better job conditions in society As this theory states, providing longterm work leads to workers being more certain of their job future and consequentlythey work better and productivity increases In this case, both the workers andemployers needs are met In fact, based on this theory, it can be said that enhancingthe work environment either directly or indirectly, such as providing job securityand some privileges, leads to better productivity and promotes economic benefitsfor all It is clear that a better economy leads to a reduction in unemployment, and

as a result jobs become more stable for the available labour

1.8.3.2 Theory of Temporary Contracts as Jumping Boards

Temporary work is usually an intermediate position to enable workers to gainexperience and skills towards higher-level work Generally, people intend todevelop their work positions and careers gradually and they hope to have oppor-tunities that will meet such a need Lack of such opportunities results in loweredmotivation and neglect of work Temporary careers which“serve as jumping boardstowards regular employment” (Zijl/Van Leeuwen2005: 1) support this aim wherestable jobs allow workers to improve their positions through temporary contracts Inother words, temporary contracts are considered as a bridge and foundation forachieving permanent jobs

Authors have found a substantial flow of workers moving from temporarycontracts to permanent positions (Catalina2001) Usually people accept a tempo-rary job in order to achieve their desiredfixed job It is obvious that ascending thecareer ladder is easier with a jumping board, and a temporary career is a naturaljumping board to a permanent position However, this situation is often exploited

by unscrupulous employers In many cases, employers prefer to hire temporaryworkers and this trend continues due to the resignation of those workers on tem-porary contracts In practical terms, working at temporary jobs often leads to aslowdown in the search for a permanent job So the effectiveness of temporary jobsdepends on regulations and their enforcement For instance, in Spain this type ofwork is not considered as a jumping board and people hardlyfind permanent workafter temporary work, while in Germany and Italy it propels workers to securepermanent jobs sooner (Jörg/Franke2010) Also this phenomenon depends on thesecurity that the state affords their workers In fact, work leading to a permanent job

is a sense of job security

Potentially, a temporary job increases the capability of workers The duration of

a job search for the unemployed shows that people need a jumping board to obtain a

Fig 1.6 The best aspects of Japanese and American theory combine to form the nucleus of Theory Z Source Pride et al ( 2011 : 286)

better position Additionally, a temporary job has a positive impact on the insight of

an employer with regard to the capability of a worker who is in the job and hascompetence rather than taking a risk on someone unemployed (Zijl/Van Leeuwen

2005) Overall, a temporary contract is beneficial for young people and the lesseducated workers tofind a permanent job, but not for skilled and educated workerstaking up various temporary contracts over long time periods (Casquel/Cunyat2004) Therefore, regulating temporary contracts is important to enable them toperform for the betterment of workers and employers in society

1.8.3.3 Negative Effects of Temporary Contracts

There is much evidence that temporary employment has a negative impact onworkers and their abilities Skilled and educated people who are forced to accepttemporary jobs due to the lack of job opportunities are a good example of thissituation as they work at jobs that are not related or commensurate with their skills.This places mental and physical pressures on them as they do not have a workenvironment that is conducive to their wellbeing

Generally, temporary worker find employment in different jobs or companiesduring their work life and are subject to voluntary or involuntary termination.Temporary work often has a negative impact on employees as their positions areuncertain, they receive a lower wages, are less well trained and overall their jobsecurity is unsatisfactory The instability in their jobs makes them uncertain abouttheir employment status The problem will be aggravated when there are no internalrules that will provide the necessary social security support such as unemploymentinsurance Apart from that, they have difficulty in improve their positions in theemployment place They do not have enough time to exhibit their competence andabilities compared to permanent workers These challenges led to temporaryworkers not attaining their true level of competence and contributing to their fullability

Additionally, the work of temporary contract employees is sometimes similar tothat of permanent staff but without the attendant privileges and benefits (Parker

et al 2002) This occurs when there are fewer permanent job opportunities andworkers are forced to accept temporary work and under any conditions rather thanbeing unemployed Further, temporary contracts are open to exploitation and leads

to the abuse of workers’ rights

It can be concluded that, job security disadvantages outweigh advantages undertemporary contracts While temporary workers are essential in some sectors of theeconomy, it is important for the state to provide the regulatory infrastructure toprotect their rights

1.9 The Relationship Between Temporary Contracts

and Job Security

Theories on job security illustrate the importance of this for workers and that thetypes of temporary contracts have a significant bearing on that This section of thethesis relates to the issue of job security in temporary contracts and whetheremployees under such terms consider the job security factor

According to Sharon et al., temporary contracts have both positive and negativeimpacts They can reduce job security and lead to increased job strain (Parker et al

2002) Some privileges and insurance is needed for workers to reduce work sure especially for those under temporary contracts due to the reduced stability ofemployment On the other hand, temporary contracts are useful for workers whoseek work for only short spells of time, such as some women in Iran They are alsosuitable for new entrants into the job market to acquire the skills and experience.However, temporary contracts have to be governed by appropriate regulationswhere workers will not be exploited and also have access to certain benefits Inshort, although temporary work provides instability of income and insecure positionfor workers, the state should assist these workers to receive better benefits.Most literature on the impact of temporary contracts on variables such as jobstrain refer to their negative impacts (Feldman et al.1995) Also, Burchell believesthat temporary employment leads to a negative impact on workers income andconsequently leads to uncertainty in their life (Gallie et al 1994) In fact, lessincome leads people to manage their lives badly and disregard their health As such,the government should take the initiatives to motivate people to keep healthy.Economic problems lead to other deleterious effects on society and temporarycontracts can be considered to be contributory to this situation

pres-With regard to the social and economic hybrid model, employers can enhanceperformance by providing incentives beyond monetary rewards such as providingjob security and unemployment insurance in their contracts to preserve the rights oflabour (Parker et al.2002) Improving motivation and encouraging labour to workbetter needs some initiatives and job security is one of these measures that willencourage workers to “maintain desired continuity in a threatened job situation”(Rosenblatt1984: 438) This sense of power is changed through the contract thatworkers sign such as a temporary contract It means that temporary employees haveless job security, less role in decision making (Parker et al 2002) and even nounemployment insurance, while in some situations they work as permanentworkers Temporary contracts have negative consequence on job security as afundamental indicator of labour status Apart from that, temporary employmentincreases the threat of job loss (Cooper/Rousseau 1995) Afterfinishing a contractperiod, labour becomes unemployed unless another job is secured So, the stress oflosing a job for temporary workers is higher compared to permanent workers It isclear that temporary contract workers have low job security, particularly when theyare forced to work and choose the particular job (Feldman et al.1995)

1.9 The Relationship Between Temporary Contracts and Job Security 21

Some factors that lead to job stress for temporary workers are illustrated inFig.1.7 Lack of job security is one of the elements that lead to increased job stress(Witte1999) Temporary employment reduces job security and increases pressures

on workers which lead to job stress

Many writers have defined temporary contracts as “stranded in dead-end,low-level jobs” and as “underemployed” (Feldman et al 1995) Overall, thesecurity and stability of temporary work is less than permanent jobs and, all otherthings being the same, temporary workers receive fewer benefits (Perez-Lopez2012) Temporary contracts lead to a decline in job security and consequentlydecent work This means that sometimes the disadvantages of temporary contractsoutweigh the advantages In practice, the nature of this type of contract is notsupportive of labour Thus, the government should place high priority in its labourlaws to tackling these issues

In conclusion, temporary contracts, depending on how they are implemented,can have a marked impact on job security Such contracts can easily depriveworkers of their rights unless there are internal mechanisms to manage them Thetheories mentioned above show that temporary contracts are a critical concept thatcan lead to abuses if no supporting infrastructure and laws are in place

1.10 Conclusion

This chapter review some theories on employment security During the IndustrialRevolution, the life of people changed and saw the emergence of theworker-employer relationship that was the subject of study and theories Sometheories had a positive effect on parliamentary regulations and international con-texts of countries and this led to the formation of supportive principles for workers.Other theories were based on regulations where the existing legislation wasreviewed as a means towards improving the welfare and condition of workers.Human rights form the basis of job security rights All the above approachesassist in this book The right to life, the importance of social justice and equality inthe life of labour, the scope of social security, the right to work and decent work as

a basic human right have been debated to clarify the status of basic rights and work

Fig 1.7 Conceptual Model of the relationship between Temporary Employment status, Work Characteristics, and Job strain Source Parker et al ( 2002 : 692)

It can be said that any right without the right to life is meaningless and it is a basichuman right that cannot be ignored The right to life has a wide meaning and somescholars believe that providing it allows for the basic wellbeing and happiness ofhumans Among the rights that are covered, workplace safety, social security, jobsecurity are major elements of the right to life, and a violation of job security is aninfringement of the rights of labour.

Social justice and equality rights are other important rights of labour which affectjob security rights Creating the basis for social justice, steps to eliminate poverty,and removing other negative elements to foster a favourable environment in thenation is the duty of the state Generally worker-employer relationshipsfluctuateand employers cannot always support their employees’ needs This creates the need

to have a proper social security infrastructure as part of the social justice paradigm.Job security and social security have a direct relationship each being dependent onthe other and social insurance is a basic means towards achieving social securityand welfare This chapter also relies on theories relating to the right to work andhaving full employment Also, having any job is not acceptable as a job must notabuse human dignity and provide satisfaction for workers This idea and scholars’views on it is explored in the section on decent work Job security is considered anelement of decent work, and stability and security of work is characteristic of decentwork In general, the review on decent work provides a suitable framework forensuring jobs and job security

Some classical theories such as those by Frederick Winslow Taylor, Henry Fayoland Max Weber on job security were reviewed Taylor described four principles forimproving worker benefits namely, using methods based on science, providingtraining and worker development infrastructure, delegate responsibilities based onscientific management principles, and co-operation between workers and employ-ers This theory focuses on productivity and mentions some skills such as trainingwhich can contribute to job security As it did not consider job security directly, thistheory led many scholars to complete it by including the element of security.Another theory examined was presented by Fayol which addressed principles to beapplied by employers Security and stability of jobs are part of this principle whichhelps to promote efficiency and productivity of companies The Theory ofBureaucracy was another classical theory discussed in this chapter It classified thecharacteristics of bureaucracies which seek to maintain control by applying rulesand regulations, a sphere of competence, the principles of hierarchy, the use ofspecialized training, impersonal detachment, maintaining records and keepingcareer service details These characteristics also impact on job security of workers.Some neo classical theories on job security analysed in this chapter are theMaslow theory, Dual-Factor theory, Immaturity-Maturity, System Theory andContingency theory Based on the Maslow theory, there is a hierarchy of humanneeds where the attainment of the next level comes after the earlier ones have beenmet Security and job security is second set of needs which people think of afterhaving met their physiological needs Another related theory mentioned in thischapter is the Dual-Factor theory which classifies worker satisfaction based on twofactors, that is, Hygiene Factors and Motivation Factors Work conditions, salary,

job security, company policy, the quality of supervision, challenging work,achievement, growth in the job, responsibilities, recognition and advancement arefactors that were identified as contributing to worker satisfaction This chapter alsodiscussed other theories such as Theory Z, jumping board and scholars’ ideas aboutaspects of temporary contracts The Theory of Z is a result of comparing Americanand Japanese companies in terms of productivity Based on this study, providinglong term employment is one effective means for promoting productivity Based onthis theory, a high level of temporary workers is not a good means to enhance theproductivity of companies.

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Chapter 2

Job Security and Temporary

Employment Contract in the Context

of United Nation’s Instruments

2.1 Introduction

This chapter examines the concept and need for job security and job protectionespecially for temporary contracts based on three international/United Nation’sinstruments, namely, the Universal Declaration of Human Rights (UDHR),International Covenant on Civil and Political Rights (ICCPR), and InternationalCovenant on Economic, Social and Cultural Rights (ICESCR Job security is anabstract concept which is often not directly mentioned by international instrumentsand should be examined in the context of other related concepts Security coversvarious aspects and this book focuses on job security

This chapterfirst examines the international historical context for understandingthe roots of these texts beginning with the Industrial Revolution (1760–1840) whichhad a major impact on employee-employer relationship This section will also coverthe development and creation of international documents in relation to job security.Job security is a social issue which needs to be reviewed based on human rightsrules In the next part, job security as per the UDHR will be discussed as well as thearticles in it relating to temporary contracts The UDHR is a comprehensivestatement on human rights that presents significant human instruments (Donnelly

2007: 281–306) and “represents a statement of what was agreed by the leaders ofthe world’s nations in 1948 as a statement of the basic rights of all people” (Ife

2008: 1) Then the authors explains temporary contracts and the concept of jobsecurity concept according to the ICESCR Before World War II, economic andsocial rights’ protection was the concern of international bodies and academicians.All these efforts resulted in the economic and social rights to be encapsulated in theUDHR (Vierdag 1978: 69–105) from which the ICESCR and ICCPR originate In

1966 these covenants were adopted as a treaty by the UN assembly and obligateparties to grant economic, social, cultural, politic and civil rights to the people Thischapter reviews the issue of job protection for temporary workers based on thechronology of these covenants

© The Author(s), under exclusive license to Springer International Publishing AG,

part of Springer Nature 2019

M Shabannia Mansour and K H Hassan, Job Security and Temporary Employment

Contracts: Theories and Global Standards, SpringerBriefs in Environment, Security,

Development and Peace 9, https://doi.org/10.1007/978-3-319-92114-3_2

27

The UDHR received different responses from various countries Many Islamiccountries and scholars believed that some of its provisions are inconsistent withIslamic principles and suggested a new declaration based on Islam to be adopted byIslamic conference members.

It is anticipated that domestic legal systems follow international law especiallysome of them that are signed and joined by states International rules are created tofacilitate human existence and to overcome issues that may give rise to injustice andconflict The world has become smaller and links between countries are increas-ingly intertwined and close and their fates are dependent upon each other (Hongju2004: 43–57) In labour law there are variety of sources and resources aimed atprotecting basic human rights Job security is a social science issue which isintertwined with the lives of humans; indeed, the concept of job security in tem-porary contract needs more investigation to identify the correct definition and aims

of these concepts The focus of on international law is the aim of this chapter toprovide proposed solutions for Iranian domestic law especially labour laws foraddressing the current challenges of job security faced by temporary workers

2.2 Formulation and Development of International

Contexts in Employment Laws

In this section the authors briefly examines the history of the formation anddevelopment of the international context of labour laws and reviews some work byscholar on the subject The focus is on the Industrial Revolution that had a majorimpact on employment relations Understanding the history of the internationalcontexts assists in enhancing awareness of the origins and justifications of theselegal texts and allows for a critical discussion

From the beginning of creation, humans have had to work to cater for theirfamilies’ needs (Fleetwood2007: 387–400) In early times, humans were hunters,fishermen and gatherers and did not need much interaction and dependence as isrequired in the modern era (Araghi 1993) After this period of human history,agricultural activities began and this is considered the first social revolution.Employment relationships evolved when some people were able to serve others andforce them to work to meet their needs (Deakin2009: 35–65) The underprivilegedpeople were exploited and the result of their work was acquired through coercionand pressure by the employers who left very little for the workers who becameweaker and poorer while employers grew in wealth and power In the 18thcentury,

a series of inventions in the arts, crafts and science labelled the IndustrialRevolution caused profound changes to how people worked and lived The steamengine replaced manual force and resulted in a major evolution where machineswere able to displace workers Equipment was moved by machine and not humanpower (Kaufman2010: 74–108)

After the Industrial Revolution significant changes occurred in people’s lives.Thefirst and most important change was that the villagers abandoned agricultureand migrated toward the industrial centres Subsequently, large populations ofpeople concentrated in cities and suburbs, and the rural population declined Inaddition, people just lived based on their wages, and because of low wages womenand children were also forced to work in factories This became a commonplacething (Mosavi2006: 7) resulting in many negative impacts and consequences on thephysical and mental condition of workers and their families Indeed, because ofmarketfluctuations, workers were forced to change their jobs, and frequently theywere unemployed Lack of job security was suspected to be the cause of these newdevelopments Due to lack of job security for workers, the labours broke textile andother machines in protest because they thought the machines caused the lack of jobsecurity However, workers gradually learned to distinguish between machines andits application by investors, and demonstrated not against the material production,but against the way that society used them (Foroughan1980: 15).

Gradually, the labour force learned to protest against worse condition Theyunderstood that their job security was under threat and required protection Labourcontracts, employers, insurance and labour laws have an important role in pro-tecting their rights So, they gradually attempted to secure their rights by forminglabour organizations, trade unions, syndicates and establish collective bargainingright This was the beginning of the era of the development of labour laws TheIndustrial Revolution began in the UK half a century before other Europeancountries in 1760 It means that the new relationship between workers andemployers appeared in the UK much earlier than in other nations (Kenneth2013:22) The first laws in regard to labour rights were adopted after the IndustrialRevolution in 1802 Subsequently, other laws were passed but legislatures werereluctant to support labour as they believed that they must not interfere with theperformance of free contracts between masters and workers This was based on thetheory of Social Contract and because of this, the adoption and implementation ofthese rules were a lengthy process (Kary 1999: 73) Fifty years after the UK’sIndustrial Revolution, France started industrialisation and thefirst supportive act ofwork was passed in 1841 that prohibited the employment of children below the age

At the same time, international organizations have attempted to promoteworker-employer relationships At the end of World War II (1939–1945), the

League of Nations (LON) was replaced by the United Nations (UN) and UNinvolvement and concerns about human rights expanded significantly since 1945(Hannum 1984: 5) It establishes documents, charters, declarations and recom-mendations that express its main aim as providing for world peace and individualand social security Harmonising of international standards is another important aim

of the UN It creates the environment in respect to human rights and basic freedomsfor people Following World War II when international tensions appeared that led tofundamental ideological divisions the UN presented guidelines for all countries toapply to promote human dignity in society (Davis2007: 11)

The International Bill of Human Rights (IBHR) includes a declaration and twointernational treaties established by the UN Initially, there were several viewsabout the content of this bill It is at the heart of the UN commitment to protecthuman rights It comprises the UDHR that would set human rights’ general prin-ciples and standards, ICCPR and ICESCR that were adopted in 1948, 1966 and

1966 respectively The UN planned for these two covenants to provide specificrights although there were some limitations In 1976, after a certain number ofcountries had passed the two covenants, they entered into force Various interna-tional instruments on human right have been ratified since 1948 (Hannum1984: 5).The UDHR is known as one of the important instruments of human rights due to itsratification of the most useful and comprehensive right for individuals In fact, thisdocument identifies the basic and key rights of persons In 1948, this declarationwas accepted by the UN General Assembly to provide protective rules for humanity(Ife2008: 9) According to scholars’ views the UDHR was the first step of the UNtowards the international recognition of human rights

ICESR focuses on culture, economic, and social rights and provides more detailsfor the UDHR Apart from that, the ICCPR was adopted by the UN GeneralAssembly in 1966 It obligates parties to consider civil and political rights in theircountries such as freedom of speech, religion, assembly and right to life These areimportant treaties adopted by the UN Based on ICCPR states are committed toinclude the right and freedoms in their national laws (Davis2007: 11)

All countries try to adopt international sources and resources as a model foradoption in domestic legislation All countries know the importance of regulationsfor supporting labour and as such specialized organizations are established to enactrequired rules for helping labour Below the authors describes the standards of theseinternational covenants in the promotion of job security especially for temporarycontracts

2.3 The UDHR Standards on Job Security

Job security is a concept which is intertwined with human and labour rights(Edward 1990) Human rights present one of the most meaningful and valuableideas in contemporary society as human beings are a main party in any employment