The Fissured Workplace


Book Description

In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.




New Frontiers in Empirical Labour Law Research


Book Description

This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.




Comparative Labor Law


Book Description

Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo




The Sources of Labour Law


Book Description

Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.




Comparative Labour Law and Industrial Relations


Book Description

Comparativism is no longer a purely academic exercise but has in creasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organisations aspiring to harmonise rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclo paedia for Labour Law and Industrial Relations, in which more than 40 international and national monographs have thus far been published. This book on Comparative Labour Law and Industrial Relations goes a step further than the Encyclopaedia: some 15 of the 21 chapters pro vide comparative and integrated thematic treatment. They aim to describe the salient characteristics and trends in labour law and in dustrial relations in the contemporary world. Our work is, however, more than a set of papers written by individual authors. Twelve of the nineteen contributors, the associate editor, and the publisher were able to meet to discuss the chapters, carefully evaluating, reviewing and co-ordinating our collaborative efforts. The meeting was exceptionally informative and productive. It was sponsored by and took place at Insead (Fontainebleau) with the additional support of the Catholic University of Leuven and Kluwer Publishers. I thank them for their courtesy and assistance. The book is obviously not exhaustive so far as countries and topics are concerned.




International and Comparative Labour Law


Book Description

A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.




Solidarity and Conflict


Book Description

One of the world's leading scholars of EU employment law proposes alternatives to the Union's current social and labour policies.




Philosophical Foundations of Labour Law


Book Description

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.




Issues in Law and Public Policy on Contract Labour in India


Book Description

This book discusses the increasing use of contract labour in India that has accompanied attempts to liberalise the economy. After briefly examining Indian labour laws and public policy, it juxtaposes the country’s labour market practices with international labour standards. The questions that are raised are then explored through a series of empirical studies investigating the use of contract labour in a variety of industries and locations, manifesting a wide-spectrum of concerns including labour standards, productivity and employment relations. The set of comparative research studies within India are supplemented with a field study from the Shenzhen and Guangzhou industrial regions of South China, which are in an advanced stage of industrial development. The unprecedented inflow of capital into China has captivated many developing countries, including India, which has gone on to mimic similar strategies particularly in terms of labour market deregulation. In this context, a set of crucial questions arise – can enforcing ‘labour market flexibility’ in itself provide the required impetus for a nation’s industrial growth? Is the Chinese success in becoming the major destination for foreign direct investments (FDIs) a consequence of a flexible labour regime or is there some other concealed strength to be found in Chinese labour market institutions? In particular it needs to be noted that after double-digit growth for more than 25 consecutive years, China has recognised some of the fallacy of its development path and in 2008 adopted fairly stringent labour laws, which now regulate its labour market. This Chinese trajectory perhaps has lessons for India and other countries that are still struggling on the liberal path. In particular, the Chinese example helps put the Indian field studies in perspective and provides insights into India-specific policy recommendations that could also be useful for the developing world. The book concludes with the observation that where production entails long-term relationships, the interests of both the employer and the workers need to be maintained sustainably. As the title suggests, the book provides takeaways, not only for academics and researchers working in this field but also for lawyers, consultants, politicians, bureaucrats, and policymakers.




Temporary Labour Migration in the Global Era


Book Description

In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.