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Challenging the Legal Boundaries of Work Regulation
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.
eBook
Employment law
This guide to employment law offers a comprehensive coverage of the field, providing critical commentary and the context necessary to a proper understanding of the field.
Book
No man’s land
From South Africa in the nineteenth century to Hong Kong today, nations around the world, including the United States, have turned to guestworker programs to manage migration. These temporary labor recruitment systems represented a state-brokered compromise between employers who wanted foreign workers and those who feared rising numbers of immigrants. Unlike immigrants, guestworkers couldn't settle, bring their families, or become citizens, and they had few rights. Indeed, instead of creating a manageable form of migration, guestworker programs created an especially vulnerable class of labor.
Based on a vast array of sources from U.S., Jamaican, and English archives, as well as interviews,No Man's Landtells the history of the American \"H2\" program, the world's second oldest guestworker program. Since World War II, the H2 program has brought hundreds of thousands of mostly Jamaican men to the United States to do some of the nation's dirtiest and most dangerous farmwork for some of its biggest and most powerful agricultural corporations, companies that had the power to import and deport workers from abroad. Jamaican guestworkers occupied a no man's land between nations, protected neither by their home government nor by the United States. The workers complained, went on strike, and sued their employers in class action lawsuits, but their protests had little impact because they could be repatriated and replaced in a matter of hours.
No Man's Landputs Jamaican guestworkers' experiences in the context of the global history of this fast-growing and perilous form of labor migration.
eBook
Labour law reform and labour market outcomes in Vietnam
Although there has been substantial literature on the economic impact of labour legislation in the world, the number of studies related to Vietnam is, surprisingly, very small. Our article provides the first evidence on the link between labour law and various labour market outcomes using the Vietnamese context. We examine how labour supply, earnings and social protection outcomes adjusted to labour contract reform under the 2012 Labour Code. The study uses three waves of the Vietnam Labour Force Survey to examine both medium-term and short-term impacts of the reform. Difference-in-differences and fixed-effect techniques are utilised. Overall, we find that the law change significantly affected hours worked, work absenteeism, monthly allowance and incidence of bonuses among contracted workers. However, the effects on workers' monthly wages, overtime remuneration and other allowances, and the social protection-related outcomes were not clear in the short run.
Journal Article
Precarious Work, Women, and the New Economy
Globalisation, the shift from manufacturing to services as a source of employment, and the spread of information-based systems and technologies have given birth to a new economy, which emphasises flexibility in the labour market and in employment relations. These changes have led to the erosion of the standard (industrial) employment relationship and an increase in precarious work - work which is poorly paid and insecure. Women perform a disproportionate amount of precarious work. This collection of original essays by leading scholars on labour law and women's work explores the relationship between precarious work and gender, and evaluates the extent to which the growth and spread of precarious work challenges traditional norms of labour law and conventional forms of legal regulation.The book provides a comparative perspective by furnishing case studies from Australia, Canada, the Netherlands, Quebec, Sweden, the UK, and the US, as well as the international and supranational context through essays that focus on the IMF, the ILO, and the EU. Common themes and concepts thread throughout the essays, which grapple with the legal and public policy challenges posed by women's precarious work.
eBook
The New Labor Law
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law's most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today's inequities. But all hope is not lost. From the remnants of the old regime, the potential for a new labor law is emerging. In this Article, I describe and defend the nascent regime, which embraces a form of social bargaining long thought unattainable in the United States. The new labor law rejects the old regime's commitment to the employer-employee dyad and to a system of private ordering. Instead, it locates decisions about basic standards of employment at the sectoral level and positions unions as political actors empowered to advance the interests of workers generally. This new labor law, though nascent and uncertain, has the potential to salvage and secure one of labor law's most fundamental commitments — to help achieve greater equality, both economic and political — in the context of the twenty-first century economy.
Journal Article