Showing papers on "Labour law published in 1999"

Veto Players and Law Production in Parliamentary Democracies: An Empirical Analysis

Abstract: This article investigates hypotheses generated by the veto players' theory. The fundamental insight of this theory is that an increase in the number of veto players (for all practical purposes, in parliamentary systems the number of parties in government) and their ideological distance from one another will reduce the ability of both government and parliament to produce significant laws. In addition, the number of significant laws increases with the duration of a government and with an increase in the ideological difference between current and previous government. These propositions are tested with legislative data (both laws and government decrees) on working time and working conditions identified in two legislative sources: the NATLEX computerized database in Geneva (produced by the International Labour organization) and Blanpain's International Encyclopedia for Labour Law and Industrial Relations. The data cover fifteen West European countries for the period 1981–91. The evidence corroborates the proposed hypotheses.

The Formation of a Labour Market in Russia

Abstract: The Russian labour market has been hailed by some economists as being "perfectly flexible", because Russia has achieved enormous employment restructuring with minimal unemployment, and by others as plagued by rigidities, as pay structures have been frozen, inequality has increased and job creation has been negligible. Such disagreements reflect both the lack of serious research on the formation of a labour market in Russia and the lack of theoretical agreement as to what constitutes a labour market. Clarke addresses these empirical and theoretical issues on the basis of statistical survey and case study data collected within the framework of a large-scale collaborative research programme on the restructuring of labour and employment in Russia. The text reviews the historical context, the statistical data and the theoretical issues before proceeding to a detailed analysis of the development of the labour market strategies of employers and employees.

The Rule of Law and the Litigation Process: The Paradox of Losing by Winning

Abstract: This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their experiences from the judicial determination of rights, limiting law's capacity to produce social change. This paradox of losing by winning separates the dispute resolution function of courts from their law-making function and raises questions about the legitimacy of law

Indonesia : law and society

Abstract: Indonesia: Law and Society is a comprehensive survey of the choices facing the world's fourth-largest country at the end of the twentieth century. It focuses on current issues including human rights, political reform, labour law, women's rights, sexuality, traditional customary land rights, judicial corruption and the status of East Timor, as well as the re-emergence of Islam: issues that have been debated since independence in 1945. Recognising that Indonesia's future is now tied to the global economy, this book also examines changing commercial culture and contract models, dispute resolution, intellectual property protection, press freedom, banking, the legal profession and the role of the economic crisis in social change. This is a book designed to give both a detailed insight into the legal and social controversies of contemporary Indonesia and to provide a general introduction to its complex legal system. Current issues are considered on the context of colonial and pre-colonial influences as well as the very different regimes of Presidents Soekarno, Soeharto and Habibie. Always the emphasis is on reformasi and prospects for the future.

Human resources and management in China's 'hi-tech' revolution: a study of selected computer hardware, software and related firms in the PRC

Abstract: This study examines the management of human resources in China's 'hi-tech' revolution, as it mainly appears in its computer hardware, software and related products firms. Based on a study of both large and small enterprises in Beijing's 'Electronics Alley' in Haidian, it looks at their HRM characteristics, namely at their labour management relations, employment contracts, rewards system, social insurance and personnel behaviour (such as recruitment, labour turnover and dismissals). The main conclusions confirm a degree of institutional continuity with past work-unit (danwei) practices but point also to the makings of a new employment relationship, with a weakening of the old 'patron-client' relationship.

Legal issues of the Amsterdam Treaty

Abstract: Constitutional issues: prologue - Amsterdam and the quest for constitutional democracy, Joseph Weiler "If I'd wanted you to understand I would have explained it better" - what is the purpose of the provisions on closer co-operation introduced by the Treaty of Amsterdam?, Stephen Weatherill Amsterdam and the continuing search for community, Ian Ward reflections on the architecture of the European Union after the Treaty of Amsterdam, Laurence W. Gormley the fundamental principle of open decision-making and EU (political) citizenship, Deirdre M. Curtin the IGC process and results, Franklin Dehousse. The institutions: taming the beast? - the Treaty of Amsterdam and the Court of Justice, Anthony Arnull the European Parliament and treaty reform - building blocks and stumbling blocks, Kieran St C. Bradley. Internal market issues: the new parameters of European labour law, Erika Szyszczak the employment title in the Amsterdam Treaty - a multi-language legal discourse, Silvana Sciarra the Amsterdam Treaty - an environmental perspective, Richard Macrory competition policy and public services in EC law after the Maastricht and Amsterdam treaties, Leo Flynn. External relations: external relations provisions of the Amsterdam Treaty, Alan Dashwood external economic relations and the Amsterdam Treaty, Marise Cremona the European Union after Amsterdam - an organization with general human rights competence?, Dominic McGoldrick. The area of freedom, security and justice: can the leopard change its spots? - visas, immigration and asylum following Amsterdam, David O'Keefe the area of freedom, security and justice with regard to the UK, Ireland and Denmark - the "opt-in opt-outs" under the Treaty of Amsterdam, Martin Hedemann-Robinson an area of freedom, security and justice - bogged down by compromise, Monica den Boer the role of national parliaments in the creation of the area of freedom, security and justice - an Italian point of view, Fabio Evangelisti putting Europe's house in order - racism, race discrimination and xenophobia after the Treaty of Amsterdam, Tamara K. Hervey constructing a secure space - the area of freedom, security and justice, Patrick Twomey. Non-discrimination and nationality: Article 6a through the looking glass of union citizenship, Catherine Barnard nationality and the European Union after Amsterdam, Hans Ulrich Jessurun d'Oliveira.

The Impact of Economic Reform on Industrial Labour Relations in China and Vietnam

Abstract: Both China and Vietnam are undergoing a social experiment as they diverge from the path of their Soviet compatriots and attempt transition to a 'socialist market mechanism'. The economic reform in both countries aims towards the so-called 'third way' between the failed command economies and the capitalist alternative. However, after over a decade of reform, it is necessary to investigate whether China and Vietnam are locked into the cycle of reform and retreat which was characteristic of East European societies before 1989 or whether indeed the two countries are developing a stable system consonant with the notion of a 'socialist market economy'. This article tackles these issues by examining and comparing the changing labour relations systems in China and Vietnam in the wake of the changes in economic policies and enterprise regulation towards new forms of labour contracts, wages and welfare systems, worker representation and trade unionism, and legal frameworks. So far there have been significant change...

New packaging, old deal? New Labour and employment policy innovation

Abstract: This article examines the extent of employment policy continuity under the Labour government elected in May 1997. It explores four specific questions. First, to what extent has Labour accepted the ...

The Institutionalization of Contract Labour in Namibia

Abstract: The South West African Native Labour Association (SWANLA) has received much attention by scholars of Namibia as the primary source of exploitation that eventually led to the rise of the independence movement led by SWAPO. Little attention has been given to SWANLA's predecessors, the Southern Labour Organisation (SLO) and the Northern Labour Organisation (NLO), which recruited and administered contract labour during the inter-war years. These two organizations played a fundamental role in breaking down traditional African societies in Namibia, and in creating a wage-labour economy in the southwest African territory. This study uses archival documents from the SLO and the NLO to reveal how the contract labour system was institutionalized in Namibia after World War One. This analysis confirms the centrality of the diamond industry for explaining the nature of contract labour, and much of Namibian politics itself, during the twentieth century in Namibia.

The role of labor unions in fostering economic development

Abstract: In this essay on how labor unions work, the author proposes a framework for the law on collective bargaining in developing countries The structure of developing economies cannot sustain as high a level of unionism as in industrial economies Typically less (often much less) than a quarter of the workers in a developing country are covered by collective bargaining agreements-and those covered (the labor elite) are likely to be employed by the state and by large private sector employers In this setting, the author says, states sometimes adopt either a patronage regime (nourishing unionism and collective bargaining) or an obstructionist regime (undermining and subverting it) Patronage regimes are found in Bangladesh, India, and certain African and West Indian countries (many of them former British colonies), countries in which close ties exist between political parties (sometimes including the governing party), and labor unions Some of the features of obstructionist regimes are found in certain countries in Southeast Asia and North Africa In both patronage and obstructionist regimes, unions are highly politicized Because that state routinely figures in defining the union's effective environment, the union's relationship with state and political leaders becomes more important than its dealings with the employers of the workers they represent Not only may agreements bear no relation to a firm's economic circumstances, but they increase dissonance between workers and union leaders What is needed instead is a system of collective bargaining that directs unions' efforts to the ultimate lasting source of their members welfare: The firm they work for Ultimately, improving workers' standard of living required growth in productivity, argues the author Raising a worker's earning by redistributing income from profits, dividends, and interest cannot sustain a persistent rise in earnings And mandating or encouraging high wage policies (as in Latin America and the Caribbean) discourages the economic growth that is the ultimate durable source of improvements in workers living standards Unions can help raise productivity in the workplace by participating with management in the search for better ways of organizing production It is important for workers not to feel alienated from the system and to believe they have a stake in it They value the fact that they or their agents help to shape the working environment In determining the "rules of the game" in which labor unions operate, societies have wrestled with the problem of finding the proper balance between upholding the principle of free association, on the one hand, and on granting entitlement that result in resource inefficiencies at best and ultimately in challenges to the authority of the democratic state at worst Governments' main responsibility in labor relations is to set up the regulations that underpin labor market interactions, including the legal framework should neither encourage nor discourage unionism, says the author, but should keep the activities of unions in the domain where they can be productive: The enterprise

China Law Deskbook: A Legal Guide for Foreign-invested Enterprises

Abstract: Development of the Chinese Legal System Legislating, the Judiciary, and Lawyers in China FIE Organizational Structure and Approval Procedures Contract Law Taxation Law Labor and Employment Law Financial Regulation Consumer Protection Intellectual property customs and Trade regulation Securities Regulations Land Use, Real Estate Development, Natural Resources, and Environmental Protection Enterprise Liquidation, Reorganization, and Bankruptcy Dispute Regulation criminal liability for FIE Activities Special Zones of the PRC.

New forms of labour contract and labour flexibility in Russia

Abstract: This paper assesses the claims that employment in the new Russian private sector relies heavily on informal and unregistered labour agreements and that the violation of existing labour law by new private employers is driven by their need for more flexible working arrangements. The paper shows that these claims are unsupported on every count. The new private sector does not rely heavily on informal or illegal forms of employment and there is no evidence that it uses labour more flexibly, in any of the usual senses of the term, than the traditional sectors of the economy. The conclusion is that there is no economic justification for the systematic violation of the existing labour legislation. It is suggested, therefore, that enforcement of the existing law is a precondition for its effective reform in those areas in which it might be a barrier to restructuring.

Labor regulations and industrial relations in Indonesia

Abstract: Since the mid -1980s, Indonesia has rapidly deregulated. Employment opportunities, income generation capacity, and the opportunity to negotiate better working conditions have expanded. Many Indonesians are concerned that workers have not shared in economic development benefits and think that a minimum wage increase would bring bottom wages up and reduce wage differentials. Additionally, international agencies have criticized Indonesia for labor standard violations. In response, the Indonesian government has increased workers' statuary rights and removed collective bargaining obstacles. Real minimum wages doubled between 1988 and 1995. Regulation enforcement toughened. Manufacturing employment expansion has broaden statutory rights coverage, requiring enforcement. The government should close the gap between statutory rights and voluntary agreed-on working conditions. It must correct legal standards and reduce labor dispute intervention. Current labor regulations inhibit constructive discourse between workers and employers on: dismissal, dispute resolution mechanisms, and social security contributions. Appropriate legislative action in job safety and child labor is needed. Inviting public intervention rather than allowing strikes and lockouts to operate isolates negotiation from market conditions. While labor regulation should facilitate voluntary employer and worker agreements, it often discourages job creation. Keeping Indonesia's economy competitive requires an industrial relations system relying on voluntary wage and working condition negotiations. The tasks workers perform and the employers for whom they perform them must be subject to change. This process is a normal feature of healthy labor markets.

Free to Work: Labor Law, Emancipation, and Reconstruction, 1815-1880

Abstract: In this intriguing and innovative work, James D. Schmidt examines federal efforts to establish "free labor" in the South during and after the Civil War by exploring labor law in the antebellum North and South and its role in the development of a capitalist labor market. Identifying the emergence of conservative, moderate, and liberal stances on state intervention in the labor market, Schmidt develops three important case studies--wartime Reconstruction in Louisiana, the Thirteenth Amendment, and the Freedmen's Bureau--to conclude that the reconstruction of free labor in the South failed in large part because of the underdeveloped and contradictory state of labor law. The same legal principles, Schmidt argues, triumphed in the postwar North to produce a capitalist market in labor.

Working Europe : reshaping European employment systems

Abstract: A collection of articles that discuss the recent changes in the employment and labour market, and employment policy and systems in Europe. The book describes and analyzes the changes in employment systems that affect welfare policies, women's position in the labour market and other related issues. It features: a comparative study of the US and the E-4; analysis of women's encounters with the state in Sweden, Germany and the US; labour market policies in Finland and Sweden, and Portugal, and Spain; and compares training programmes between France and the US. The conclusions are multi-faceted and relate to the recent economic and societal changes - thus drawing attention to the need to analyze labour markets as part of the societal structure. The book is aimed at an international audience of academics, researchers and policy-makers in employment studies, European studies, sociology and political science.

What Can Trade Unions Do To Combat Child Labour

Abstract: Trade unions are fighting child labour as defenders of the most oppressed. Trade unions also have an objective interest in combatting child labour. The presence of large numbers of children in the labour market undermines the trade unions' bargaining position and makes it difficult to fight unemployment among adults. This article examines mainly practical activities by trade unions, and argues that trade unions can give the most significant contribution to the struggle against child labour by focusing on methods that are typical for or even exclusive to the trade union movement, in particular negotiations and collective bargaining.

The Pullman Case: The Clash of Labor and Capital in Industrial America

Abstract: When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history. David Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs's contempt citation, dealt fatal blows to broad-based unionism in the nation's most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come. The Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs's fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company's treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs's passionate commitment to workers' rights, and providing a window on America during a period of rapid industrialization and social transformation. Papke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.

Internal Mobility and Labour Market Flexibility in Russia

Abstract: IN TIIIS ARTICLE WE EXPLORE the changing character of internal mobility in Russian industrial enterprises over the period of reform. First we discuss the dualistic character of the Soviet labour market, review the evidence for the rigidity of the internal labour market and report survey data that indicate a significant increase in internal mobility in the period of reform. Next we review qualitative data, based on work history interviews, to characterise the changing forms of internal mobility from the perspective of employees. Then we review the same phenomena as aspects of managers' employment strategies. The article concludes that increased employment insecurity has reinforced rather than reduced the dualism of the Russian labour market, but that there has been a significant growth of multi-skilling and multi-tasking as line managers try to preserve the core of the labour collective in the face of financial and employment constraints and as workers seek to protect themselves from redundancy by acquiring a range of skills. The cost of this increase in flexibility is an intensification of labour, a degree of de-skilling, and the 'closure' of the labour market. Dual labour markets in the Soviet system of production The ideal in the Soviet period was for the worker to find a suitable workplace and then to remain in the same enterprise or organisation for his or her entire working life. This was an ideal for the party-state, since the enterprise was the core social institution and the primary locus of social integration and social control. It was the ideal for enterprise management, because it encouraged the formation of a socially integrated labour force and the development of job-specific and enterprise-specific skills, while seniority, and the benefits associated with it, provided an essential lever of informal managerial control. But it was also an ideal for the worker, for many of whom the workplace was their second home and their workmates a second family. Although this ideal was not fully realised, and the regime indulged in frequent breast-beating about the problems of high levels of labour turnover, in fact by the 1980s labour turnover in the Soviet Union was not excessive, and was heavily concentrated among young people, who would wander around in search of a suitable opening, and unskilled workers and workers in low-paid low-prestige industries, who would be constantly on the look-out for something better. The norm of stability was reinforced by a number of quite substantial incentives to

Reconsidering the Premises of Labour Law: Prolegomena to an EU Regulation on the Protection of Employees' Personal Data

Abstract: With its 1985 Directive on Data Protection, the European Union highlighted its commitment to the constitutionalisation of European law and, in particular, underlined its vision of the individual European as a rights‐bearing individual; empowered through ‘knowledge’ and thus advantaged in communicative processes of political/social/legal bargaining. As such, the move to a data protection regime founded upon notions of individual empowerment, also mirrors a recent and fundamental re‐alignment in the guiding principles of regulative labour law, which has seen the paradigm of ‘collective laissez‐faire’ challenged, if not superseded, by a redirected emphasis upon the communicative empowerment of the individual employee rather than the representative function of employees’ representatives. Accordingly, it is less than surprising that the field of labour law has seen increasing demands placed upon the Commission to fulfil its promise in the pre‐amble to the 1985 Directive, and promulgate Regulations crafted to ensure data protection in line with the specific demands of individual societal sectors. This paper is a policy statement. It re‐iterates the need for a Regulation on the protection of employees’ data. Building on the comparative experience of the Member States, it outlines the nature, provisions and scope which such a regulation should entail so as to reflect, both the reality of the modern employment relationship, and a new normative vision of the workplace which aims to inject such relationships with a measure of communicative participation.