Job security and temporary employment contracts theories and global standards

SPRINGER BRIEFS IN ENVIRONMENT, SECURIT Y, DEVELOPMENT AND PEACE Mehdi Shabannia Mansour  Kamal Halili Hassan Job Security and Temporary Employment Contracts Theories and Global Standards SpringerBriefs in Environment, Security, Development and Peace Volume Series editor Hans Günter Brauch, Mosbach, Germany More information about this series at http://www.springer.com/series/10357 http://www.afes-press-books.de/html/SpringerBriefs_ESDP.htm http://www.afes-press-books.de/html/SpringerBriefs_ESDP_09.htm Mehdi Shabannia Mansour Kamal Halili Hassan Job Security and Temporary Employment Contracts Theories and Global Standards 123 Mehdi Shabannia Mansour Department of Law Central Tehran Branch Islamic Azad University Tehran Iran Kamal Halili Hassan Faculty of Law Universiti Kebangsaan Malaysia Bangi, Selangor Malaysia More on this book is at: http://www.afes-press-books.de/html/SpringerBriefs_ESDP_09.htm ISSN 2193-3162 ISSN 2193-3170 (electronic) SpringerBriefs in Environment, Security, Development and Peace ISBN 978-3-319-92113-6 ISBN 978-3-319-92114-3 (eBook) https://doi.org/10.1007/978-3-319-92114-3 Library of Congress Control Number: 2018941986 © The Author(s), under exclusive license to Springer International Publishing AG, part of Springer Nature 2019 This work is subject to copyright All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed The use of general descriptive names, registered names, trademarks, service marks, etc in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations Copyediting: PD Dr Hans Günter Brauch, AFES-PRESS e.V., Mosbach, Germany Printed on acid-free paper This Springer imprint is published by the registered company Springer International Publishing AG part of Springer Nature The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Preface Job security is a significant aspect of employment It is a human right issue and of grave concern in temporary employment contracts Security of tenure is very much lacking in temporary contracts But in today’s modern job market, the use of temporary employment contracts by employers has become increasingly rampant Thus, we need legal protection at national and global levels to address this issue In this book, the authors consider Iran as a case study This book is divided into four chapters Chapter reviews some theories of job security based on the works of renowned scholars These theories are reviewed to provide a better understanding of the necessity for having job security These theories also identify some factors that show how and when job security can be attained in society Temporary contracts have some positive and negative aspects The chapter examines these theories to show how job security issues should be regulated in labour laws to protect workers and also how temporary contracts affect job security Chapter examines legal protection of job security in temporary contract in international contexts where it examines the concept and need for job security and job 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 International Covenant on Economic, Social and Cultural Rights (ICESCR) Chapter examines the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations ILO sets the pace for promoting and protecting the labour force through conventions These conventions were passed by each participating state after being adopted by ILO, and then, they become a part of the statutes of countries that have accepted them ILO recommendations serve to introduce conventions and also serve as a complementary instrument Chapter discusses Islamic jurisprudence on jobs and job security The main aim of this chapter is to provide the framework for protecting workers as a means to enhance job security in the world, especially in Islam It discusses Islamic jurisprudence concerning work and job conditions The Islamic precept is based on the Qur’an and Hadith, and these sources are used to explain the concept of jobs in Islam v vi Preface In addition, this chapter also examines the Cairo Declaration on Human Rights in Islam (CDHRI) passed in 1990 by the Organisation of Islamic Conference (OIC) in Cairo The Cairo Declaration emphasises on human dignity and also affirmed fundamental human rights such as the right to life, liberty, and security as outlined by UDHR In general, there are no remarkable differences between the principles contained 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 Peace Research and European Security Studies and Staff of the Law Library, Universiti Kebangsaan Malaysia We also acknowledge the assistance of Universiti Kebangsaan Malaysia for providing research grant: GUP-2016-074 Tehran, Iran Kuala Lumpur, Malaysia February 2018 Mehdi Shabannia Mansour Kamal Halili Hassan Contents Job Security and Temporary Employment Contracts: A Theoretical Analysis 1.1 Introduction 1.2 Generation of Human Rights 1.3 The Necessity of the Right to Life 1.4 Social Justice and Equality in the Life of a Worker 1.5 Social Security and Social Justice 1.6 The Right to Work 1.7 Theory of Decent Work 1.8 Theoretical Framework of Job Security 1.8.1 Classical Theories 1.8.2 Neoclassic Theories 1.8.3 Theories on Temporary Contract 1.9 The Relationship Between Temporary Contracts and Job Security 1.10 Conclusion References 1 10 12 12 14 18 21 22 24 Job Security and Temporary Employment Contract in the Context of United Nation’s Instruments 2.1 Introduction 2.2 Formulation and Development of International Contexts in Employment Laws 2.3 The UDHR Standards on Job Security 2.4 UDHR Stipulations on Temporary Contracts 2.5 Job Security and Temporary Contracts in ICESCR 2.6 Job Security and Temporary Contracts in ICCPR 2.7 Conclusion References 27 27 28 30 35 38 44 45 46 vii viii ILO Standards on Job Security and Temporary Employment Contracts 3.1 Philadelphia Declaration 3.2 Conventions and Recommendations of ILO 3.3 Effective Elements on Job Security Based on the ILO Standards 3.4 Supervision Methods for the Implementation of ILO Principles 3.5 Conclusion References Contents 49 49 51 57 59 62 63 Job Security and Temporary Employment Contracts in Islamic Jurisprudence 4.1 Islamic Jurisprudence Concerning Work and Job Conditions 4.2 Cairo Declaration on Human Rights in Islam (CDHRI) 4.3 Conclusion References 65 65 69 75 76 About the Authors 79 Bibliography 81 Index 101 List of Figures Fig 1.1 Fig 1.2 Fig 1.3 Fig 1.4 Fig 1.5 Fig 1.6 Fig 1.7 Fig 3.1 The human rights generations diagram Are labour rights human rights? Fayol’s diagram of industrial activities Source Welch (2011: 9) Theory of Abraham Maslow (Hierarchy of Needs Theory) Source Soren et al (2003) Dual-Factor theory The best aspects of Japanese and American theory combine to form the nucleus of Theory Z Source Pride et al (2011: 286) Conceptual Model of the relationship between Temporary Employment status, Work Characteristics, and Job strain Source Parker et al (2002: 692) ILO processes on ILO complaints and reports Linking international and national law and supervision of provision 13 15 16 19 22 61 ix ... 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 Job Security and. .. Temporary Contracts and Job Security 1.9 21 The Relationship Between Temporary Contracts and Job Security Theories on job security illustrate the importance of this for workers and that the types of temporary. .. work and, accordingly, job 12 Job Security and Temporary Employment Contracts … security has an effective role in promoting worker security There are many arguments and elements involved in job security