当承诺变成合同:隐含合同与手册中关于工作保障的条款

When promises become contracts: Implied contracts and handbook provisions on job security

HUMAN RESOURCE MANAGEMENT · 1994
被引 84
人大 AFT50

中文导读

研究律师如何解读员工手册中承诺程序保护的措辞,分析这些措辞如何产生法律或道德义务,并评估雇主在不当解雇诉讼中的胜诉概率。

Abstract

Abstract In this article, policy capturing was used to examine how lawyers, as experts, understand the wording in employee handbook passages that promise procedural protections for employees. Specifically, how the wording of employee handbook passages can create both legal and nonlegal obligations was examined. Forty‐six lawyers were asked to make the following judgments: whether the handbook passage constituted a legal or moral obligation and the chances of the employer winning or being granted a summary judgment in a wrongful discharge suit. Five aspects of the handbook passages were examined: verb strength, specificity, contract disclaimers, legalistic jargon, and the employee's signature.

劳动法人力资源管理组织行为学法律与心理学