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Many low-income countries and development organizations are calling for greater liberalization of labor immigration policies in high-income countries. At the same time, human rights organizations and migrant rights advocates demand more equal rights for migrant workers.The Price of Rightsshows why you cannot always have both. Examining labor immigration policies in over forty countries, as well as policy drivers in major migrant-receiving and migrant-sending states, Martin Ruhs finds that there are trade-offs in the policies of high-income countries between openness to admitting migrant workers and some of the rights granted to migrants after admission. Insisting on greater equality of rights for migrant workers can come at the price of more restrictive admission policies, especially for lower-skilled workers. Ruhs advocates the liberalization of international labor migration through temporary migration programs that protect a universal set of core rights and account for the interests of nation-states by restricting a few specific rights that create net costs for receiving countries. The Price of Rightsanalyzes how high-income countries restrict the rights of migrant workers as part of their labor immigration policies and discusses the implications for global debates about regulating labor migration and protecting migrants. It comprehensively looks at the tensions between human rights and citizenship rights, the agency and interests of migrants and states, and the determinants and ethics of labor immigration policy.

Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. InThe Supreme Court on Unions, Getman critically examines the decisions of the nation's highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court's responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.

Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs absorb workers displaced by automation? These hotly debated questions have profound implications for the fortress of rights and benefits that has been constructed on the foundation of the employment relationship. This Article charts a path for reforming that body of law in the face of justified anxiety and uncertainty about the future impact of automation on jobs. Many of the forces that drive automation — including law-related labor costs — also drive firms' decisions about \"fissuring,\" or replacing employees with outside contractors. Fissuring has already transformed the landscape of work and contributed to weaker labor standards and growing inequality. A sensible response to automation should have in mind this adjacent problem, and vice versa. Unfortunately, the dominant legal responses to fissuring — which aim to extend firms' legal responsibility for the workers whose labor they rely on — do not meet the distinctive challenge of automation, and even modestly exacerbate it. Automation offers the ultimate exit from the costs and risks associated with human labor. As technology becomes an ever-more-capable and costeffective substitute for human workers, it enables firms to circumvent prevailing legal strategies for protecting workers and shoring up the fortress of employment. The question is how to protect workers' rights and entitlements while reducing firms' incentive both to replace employees with contractors and to replace human workers with machines. The answer, I argue, begins with separating the issue of what workers' entitlements should be from the issue of where their economic burdens should fall. Some worker rights and entitlements necessarily entail employer duties and burdens. But for those that do not, we should look for ways to shift their costs off of employer payrolls or to extend the entitlements themselves beyond employment. The existing fortress of employment-based rights and benefits is under assault from fissuring and automation; it is failing to protect those who remain outside its walls and erecting barriers to some who seek to enter. We should dismantle some of its fortifications and construct in its place a broader foundation of economic security for all, including those who cannot or do not make their living through steady employment.

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.

We show how size-contingent laws can be used to identify the equilibrium and welfare effects of labor regulation. Our framework incorporates such regulations into the Lucas (1978) model and applies it to France where many labor laws start to bind on firms with 50 or more employees. Using population data on firms between 1995 and 2007, we structurally estimate the key parameters of our model to construct counterfactual size, productivity, and welfare distributions. We find that the cost of these regulations is equivalent to that of a 2.3 percent variable tax on labor. In our baseline case with French levels of partial real wage inflexibility, welfare costs of the regulations are 3.4 percent of GDP (falling to 1.3 percent if real wages were perfectly flexible downward). The main losers from the regulation are workers—and to a lesser extent, large firms—and the main winners are small firms.

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.

John Maynard Keynes once made the bold prediction that the three-hour work day would prevail for his grandchildren's generation. Seventy years later, the question of working time is as pertinent as it was at the inception of the 40-hour week. Not until now, however, has there been a global comparative analysis of working time laws, policies and actual working hours. Despite a century-long optimism about reduced working hours and some progress in legal measures limiting working hours, this book demonstrates that differences in actual working hours between industrialized and developing countries remain considerable - without any clear sign of hours being reduced. This study aims to offer some suggestions about how this gap can begin to be closed. Lee, McCann and Messenger trace the theoretical background of the concept of working time before examining recent trends in working time laws in developing countries and countries in transition. The study then shifts its focus to developments in selected countries, considering both broad trends in working time at a national level and the structure and dynamics underlying these trends. The authors provide a remarkable set of policy suggestions that preserve health and safety, are 'family-friendly', promote gender equality, enhance productivity and facilitate workers' choice and influence over their working hours. This book will be of great interest to policy makers engaged with working conditions or health and safety, labour market experts, trade union leaders and workers' organizations, as well as academics and researchers in the fields of industrial relations, labour economics and labour law. Summary reprinted by permission of Routledge, ILO

We show that wrongful discharge laws—laws that protect employees against unjust dismissal—spur innovation and new firm creation. Wrongful discharge laws, particularly those that prohibit employers from acting in bad faith ex post, limit employers' ability to hold up innovating employees after the innovation is successful. By reducing the possibility of holdup, these laws enhance employees' innovative efforts and encourage firms to invest in risky but potentially mould-breaking projects. We develop a model and provide supporting empirical evidence of this effect using the staggered adoption of wrongful discharge laws across U.S. states.

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.

This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor law, to show how law can supplement the deficient regimes of campaign finance and lobbying reform and enable lower-income groups to build organizations capable of countervailing the political power of the wealthy. As such, the Article offers a new direction forward for the public-law literature on political power and political inequality. It also offers critical lessons for government officials, organizers, and advocates seeking to respond to the inequalities made painfully evident by the COVID-19 pandemic.