Showing papers on "Labour law published in 2007"

Two Tier Reforms of Employment Protection: a Honeymoon Effect?*

Abstract: Labour market reforms increasing flexibility ‘at the margin’ have been recently paying out in terms of employment growth. This article argues that two-tier labour market reforms have a transitional ‘honeymoon’, job creating effect. In a dynamic model of labour demand under uncertainty, the article predicts that in the aftermath of reforms, beyond an increase in employment, there should be a reduction in ‘employment inaction’ and in the mean and cross-sectional variance of labour productivity. Based on a variety of firm-level data on Italy in the period 1995–2000, we find evidence of our empirical implications.

Unemployment in South Africa 1995-2003: Causes, Problems and Policies

Abstract: This paper examines an issue of overwhelming importance in South Africa--unemployment and its rise. It explains the factors behind the sharp rise in unemployment in the post-apartheid period, investigates the role of labour legislation and the system of labour market governance, evaluates the impact of the government's active labour market policies, identifies the knowledge gaps about the functioning of the labour market and draws some policy prescriptions. It analyses unemployment using household surveys spanning 1995--2003 and explains the rise in unemployment by the slow growth of the economy, and thus slow growth in the demand for labour relative to the rapidly growing supply, together with labour market inflexibility. The paper argues that if unemployment is to be tackled, it is crucial to pursue a set of policies that promote South Africa's rate of economic growth to promote job-creation, and also that labour market regulations require reconsideration, giving greater weight to the concerns of employers and investors, and to the interests of the unemployed and informally employed poor who are beyond the reach of the labour institutions but can be hurt by them nevertheless. It highlights that lack of appropriate data hinders analysis of important aspects such as entry into, exit from and duration of unemployment. Finally, the paper appeals for investigation of how active labour market policies to address unemployment--such as public works programmes, skills training programmes etc., formulated largely in the absence of local evidence--have performed. Copyright 2007 The author 2007. Published by Oxford University Press on behalf of the Centre for the Study of African Economies. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org, Oxford University Press.

A Global Alliance against Forced Labour? Unfree Labour, Neo‐Liberal Globalization and the International Labour Organization

Abstract: The ILO is presently attempting to spearhead a ‘global alliance against forced labour’. This article surveys the ILO approach to forced labour, recent theoretical debates regarding forced labour and recent empirical work on bonded labour in India. It argues that the ILO ‘ghettoizes’ forced labour, and that existing theories do not provide an alternative to this, as they focus on high-level ahistorical models. There is a need to develop specific analyses of the processes underlying both free and unfree labour relations in the present context, and their relation to neo-liberal globalization as well as country-specific conditions. The review of Indian case studies and of aspects of neo-liberal globalization points towards such an analytical approach.

Immigration, labour markets and employment relations: problems and prospects

Abstract: In this review essay, I argue that immigration presents employment researchers with a promising strategic research site because it raises a number of theoretically significant problems with mainstream economic approaches to labour and labour markets. Despite the tendency to view economic migrants as homo economicus personified, I argue that immigration brings the institutional nature of labour markets into sharp relief as it exposes, among other things, the influence of the state, processes of labour market segmentation, and the role of trade union policy and practice. Having identified a number of empirical anomalies that contradict neoclassical economic theory, I proceed to sketch out three areas where a more institutionally oriented approach should prove more fruitful.

Staying Underground: Informal Work, Small Firms, and Employment Regulation in the United Kingdom:

Abstract: Why does a universal labor law, the National Minimum Wage (NMW) in the United Kingdom, have little effect on firms operating in the informal economy? In explaining this particular empirical puzzle, the authors go beyond dominant accounts of the informal economy-the neo-liberal and the marginalization theses-to develop analysis based on the negotiation of consent within the labor process. Evidence from employers and employees in 17 firms is presented. The informal sector developed social relations of work that operated independently of the NMW, a key aspect being a tacit negotiation of order even under conditions apparently unhelpful to such practices. Informality was deeply embedded in relations of work that continued to reproduce themselves.

The evolution of labour law: Calibrating and comparing regulatory regimes

Abstract: Using a newly-created data set which measures legal change over time, the authors present evidence on the evolution of labour law in France, Germany, India, the United Kingdom and the United States. Their analysis casts light on the claim that “legal origin” affects the content of labour law regimes. While some divergence between common law and civil law countries is found at the aggregate level, a more complex picture emerges from consideration of specific areas of labour law. The authors discuss the potential significance of this relatively new measurement-based approach to understanding the forces that shape the evolution of labour law.

Are fixed-term jobs bad for your health? A comparison of West-Germany and Spain

Abstract: In this paper we analyse the health effects of fixed-term contract status for men and women in West-Germany and Spain using panel data. This paper asks whether changes in the employment relationship, as a result of the liberalisation of employment law, have altered the positive health effects associated with employment (Jahoda 1982; Goldsmith et al. 1996). Using information on switches between unemployment and employment by contract type we analyze whether transitions to different contracts have different health effects. We find that unemployed workers show positive health effects at job acquisition, and also find the positive effect to be smaller for workers who obtain a fixed-term job. We also establish surprising differences by gender and country, with women less likely to report positive health effects at job acquisition. For West-Germany, this was found to be a function of the dual-burden of paid and unpaid care within the home.

Globalisation, Women's Economic Rights and Forced Labour

Abstract: economy’s ‘penetration’ by foreign direct investment by and large has no sta tistically significant impact. Globalisation might weaken the general bargaining position of labour such that outcome-related la bour standards might suffer. However, being more open toward trade is likely to promote rather than hinder the realisation of t wo labour rights considered as core or fundamental by the International Labour Organisation, namely the elimination of economic discrimination and of forced labour

Ban the box to promote ex-offender employment

Abstract: It is close to a criminological truism that the lack of a legitimate job fosters criminality and, conversely, that holding a legitimate job diminishes criminal conduct. Consequently, many criminologists and social reformers have long advocated programs to expand employment opportunities for ex-offenders, particularly for those who have served prison time. Strategies for improving employability of ex-offenders include providing ex-offenders with basic education and job-specific training, assisting in identifying potential employment opportunities, interceding on the job seeker’s behalf with prospective employers, and eliminating de jure and de facto employment discrimination against ex-offenders. Many federal and state laws make ex-offenders, or at least certain categories of ex-offenders, ineligible to obtain employment licenses or to work in organizations serving children, the elderly, and other vulnerable populations (Love, 2006). In fact, such laws have proliferated during the past two decades on account of tough-on-crime politics and heightened post-9/11 security concerns. The reentry movement has cast a bright light on these collateral consequences of conviction and has urged a wholesale review and reform of them (American Bar Association, 2004; Travis, 2005). We agree with reentry proponents that de jure prohibitions on exoffender employment are far too overbroad and that many should be repealed. In this article, however, we focus on de facto discrimination to highlight a recent trend for cities to voluntarily stop asking for criminal background information from applicants seeking city employment and, in some instances, employment with vendors who contract with the city (National Employment Law Project (NELP), 2007). By recognizing that society has much to lose by excluding ex-offenders from legitimate employment opportunities, several cities such as Boston, San Francisco, and Minneapolis have agreed to “ban the box” on initial job applications that ask applicants about past criminal convictions. These cities have committed themselves not to discriminate against ex-offenders and not to consider an applicant’s prior criminal record unless it is clearly related to the requirements of a particular position. This welcome step, if successful, might persuade other public and private employers to stop discriminating against job applicants with a criminal record.

China's Labour Law, Compliance and Flaws in Implementing Institutions

Abstract: This article examines some of the factors contributing to the widespread compliance failures experienced by Chinese labour law. It focuses on the nature of the legal rules and the structure of state and quasi-state institutions charged with implementing the law. While the basic legal framework regulating labour in China appears designed to prevent many abuses, the lack of settled detail inhibits effective enforcement. The labour inspectorate, formal dispute resolution processes and the official trade union organization each suffer from weaknesses reducing their capacity to elicit compliance with the law. Some improvements to the law and the institutions are already being implemented. The article suggests further areas of reform that may increase compliance, within the constraints of China's current political realities.

Labour Standards and Migration in the New Europe: Post-Communist Legacies and Perspectives:

Abstract: The post-communist New Member States of Eastern Europe have experienced significant forms of labour exploitation, with deterioration in labour standards and the working environment. This is leading to increasing labour force `exit' on a scale not hitherto anticipated. Migrant workers from the Baltic states, paid lower wages and with poorer working conditions, have been at the centre of a number of high-profile labour disputes in the EU-15. This article uses Latvia as a case study in order to discuss the implications of increasing labour migration for the New Member States and for labour standards in the wider EU.

The International Labour Organization and the Struggle against Forced Labour from 1919 to the Present

Abstract: Since its foundation in 1919 the International Labour Organization (ILO) has regarded the worldwide eradication of forced labour as one of its basic aims. This article looks at the ILO's role both as a forum for public discourse on the historically shifting boundaries that separated free labour from coercion, and as an independent actor in the struggle against forced labour throughout the twentieth century. Examining the ILO's efforts in three distinct phases (the inter-war period, the Cold War years and the age of decolonization/postcolonial nation-building) will also shed light and contribute to the discussion on the influence of international organizations in the making of the modern world.

The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes

Abstract: We present evidence on the evolution of labour law in five countries (the UK, USA, Germany, France and India) using a newly-created dataset which measures legal change over time. The results cast light on the claim that legal origin, or the influence of common law and civil law regulatory styles, affects the content of labour law regimes. We find some divergence between common law and civil law countries at the aggregate level but a more complex picture when the index is decomposed so as to identify changes in specific areas of labour law. We discuss the potential significance of this relatively new approach to the measurement of law for understanding the forces at work in the evolution of labour law.

Can Wrongful Discharge Law Enhance Employment

Abstract: The extent of government in private contractual relationships is a vexing public policy issue. This article explores, both theoretically and empirically, the degree to which such intervention may enhance employment. Economists traditionally have held that interventions such as wrongful discharge protections simply undo the original intent of the parties to an employment contract. We find that both good faith as well as implied contract exceptions to employment-at-will may enhance employment, particularly in occupations characterised by high levels of investment and skill. This suggests that under the appropriate conditions, labour law may enhance the operation of a competitive market.

Are all labor regulations equal ? Assessing the effects of job security, labor dispute, and contract labor laws in India

Abstract: This paper studies the economic effects of legal amendments on different types of labor laws. It examines the effects of amendments to labor dispute laws and amendments to job security legislation. It also identifies the effects of legal amendments related to the most contentious regulation of all-Chapter Vb of the Industrial Disputes Act-which stipulates that firms with 100 or more employees cannot retrench workers without government authorization. The analysis finds that laws that increase job security or increase the cost of labor disputes substantially reduce registered sector employment and output but do not increase the labor share. Labor-intensive industries, such as textiles, are the hardest hit by laws that increase job security while capital-intensive industries are most affected by higher labor dispute resolution costs. The paper concludes that widespread and increasing use of contract labor may have brought some output and employment gains but did not make up for the adverse effects of job security and dispute resolution laws.

New Labour at work: long-term unemployment and the geography of opportunity

Abstract: New Labour has placed great faith in active labour market policies to address problems of long-term unemployment and poverty. This paper considers the effectiveness of welfare-to-work programmes in light of persistent regional employment disparities within the UK. It is argued that the government has proceeded from a flawed analysis of the causes and magnitude of long-term unemployment, framing the issue in terms of ‘worklessness’ and neglecting demand-side concerns of job availability and job quality.

Flexibility - flexicurity - flexinsurance: response to the European Commission's Green Paper "Modernising labour law to meet the challenges of the 21st century"

Abstract: The paper contains both critical remarks on and constructive suggestions to Green Paper: Modernising labour law to meet the challenges of the 21st century of the European Commission (2006a) which promotes flexicurity policies, that is, relaxing the employment protection legislation while providing advances in employment and social security for flexible workforces, like fixed-term, part-time and agency workers, or self-employed The default assumption, that relaxing labour laws can be compensated by these advances, is criticised These measures are regarded as too vague and insufficient, as also demonstrated in our previous study with empirical evidence Therefore, some additional measures are proposed to counterbalance the actual flexibilization of employment relations, including (1) flexinsurance, a kind of progressive flexibilization tax, meaning that the employer's contribution to social security should be proportional to the flexibility of the contract/risk of becoming unemployed, (2) elements of the basic minimum income model, (3) constraining financial markets, as well as (4) developing adequate policy monitoring/evaluation instruments It is argued that all of these meet interests of social partners and solve contradictions between such European policies as flexicurity, make work pay, welfare-state policy, and civil-society policy Finally, we provide specific thoughts to 14 questions posed by the Green Paper

Trade and employment: Challenges for policy research

Abstract: This study is the outcome of collaborative research between the World Trade Organization Secretariat and the International Labour Office. It addresses an issue that is of concern to both organizations: the relationship between trade and employment. On the basis of an overview of the existing academic literature, the study provides an impartial view of what can be said, and with what degree of confidence, on the relationship between trade and employment, an often contentious issue of public debate. Its focus is on the connections between trade policies, and labour and social policies and it will be of interest to all those who are involved in this debate: academics and policy makers, economists, workers and employers, trade and union specialists. This is a co-publication with the World Trade Organization.

Bitten by the Celtic Tiger: Immigrant Workers and Industrial Relations in the New 'Glocalized' Ireland

Abstract: The growth of global economic activity has resulted in a worldwide increase in migration. Despite the growing interest in migratory labour flows, there remains little detailed empirical research about the labour relations practices experienced by immigrant workers. In this article, three general areas are examined from data collected in the Republic of Ireland: (1) what are the experiences of non-Irish national workers employed in different sectors of the economy; (2) do trade unions facilitate the integration of migrant workers in the Irish labour market; and (3) what are the strategies undertaken by trade unions in response to the challenges of immigration? Ethnographic and qualitative research methods were employed to address these broad research objectives. The evidence shows that many immigrant workers have experienced a system of near-serfdom that perpetuates social, economic and cultural exclusion on a large scale. The conclusion argues that an emerging ‘glocalization’ of the world economy creates a labour market dynamic underpinned by neoliberal policies of the nation-state. The evidence suggests that traditional views of migration and industrial relations theory are found wanting when seeking to explain the concerns of migrant workers. A number of implications arising from this are then discussed. Keywords: immigrant workers, industrial relations, Republic of Ireland, trade unions

The New Discourse of Labour Rights: From Social to Fundamental Rights?

Abstract: This paper explores the emergence of the new discourse of labour and social rights in the world of work and focuses in particular on how this discourse is being used in the European Union and the ILO. The new normative language responds to the need to re-institutionalize the employment relationship in light of economic restructuring, the breakdown of the standard employment relationship, and the challenge to traditional forms of collective representation. It also involves a realignment of the relationship between social rights and the market, and a reconceptualization of the juridical nature of social rights. The idea of social rights relating to work is examined from three perspectives - genealogical, conceptual, and normative. Labour and social rights emerged at a particular time and place, and they have a particular relationship to other human rights. This legacy shapes how labour and social rights have been understood. The lineage of labour and social rights starting with T.H. Marshall's influential conception in the aftermath of World War II and ending with the contemporary discourse is sketched in the next part. The emphasis is on illustrating the extent to which the new language of labour and social rights is a response to the new phase of market expansion associated with globalization and neo-liberalism. The third part provides a bridge from the genealogical to the conceptual and normative approaches to understanding labour and social rights by shifting focus to examine elements in the new discourse of labour and social rights, especially the increased prominence of law, and the conventional typology of different kinds of rights. Labour rights are used to illustrate some of the weaknesses of the prevailing typology as an analytic framework. However, instead of offering a new typology of different types of rights, the fourth part offers a taxonomy of the different dimensions of labour and social rights, which concentrates on the juridical nature of social rights in the EU. The final part provides a brief discussion of the normative basis of the new discourse of labour and social rights at the EU and ILO, which invokes the work of Amartya Sen, especially his concept of capability.

China's New Labour Contract Law: Responding to the Growing Complexity of Labour Relations in the PRC

Abstract: China's new Labour Contract Law is the most significant reform to the law of employment relations in more than a decade. Its final form emerged following highly contentious debates over the terms of earlier drafts - debates involving not only a range of Chinese actors, but also international business lobbyists and labour organisations. The Law as enacted represents a compromise between the competing demands of these many interest groups. This article briefly surveys the reasons for the enactment of the Labour Contract Law, the polarised drafting process, and the key matters it addresses. The assessment presented is that the Law is, overall, a necessary and beneficial contribution to the regulation of work in China. However, the article highlights four areas likely to be subject to ongoing contention and dispute. Those areas concern (1) unilateral changes to working conditions; (2) forms of contracting and termination of employment; (3) labour hire; and (4) non-compete clauses.

In search of optimal labour market institutions

Abstract: Examines the relationship between three of the important labour market institutions: employment protection, social protection, in particular unemployment benefits and active labour market policies and the social dialogue.

Dependent Self-Employment: Workers on the Border between Employment and Self-Employment

Abstract: The Blurring Boundaries between Employment and Self-Employment Work on the Border between Employment and Self-Employment The Institutional Factor: Labour Law and Regulations across Europe The Supply Side: Identifying Workers on the Border between Employment and Self-Employment The Organizational Governance of Dependent Forms of Self-Employment The Creation of Dependent Self-Employment in Comparative Perspective Conclusions

Losing Labour's Soul?: New Labour and the Blair Government 1997-2007

Abstract: Introduction 1. The British Social Democratic Tradition 2. New Labour and Social Justice 3. Equality of Opportunity: The Case of Secondary Education 4. Is What Matters What Works? The Case of the Private Finance Initiative 5. Modernisation in Action: The Case of NHS Reform 6. New Labour's Representational Role: The Case of Employment Relations 7. Dynamics of New Labour 8. For What Does New Labour Stand? 9. For Whom Does New Labour Stand? 10. Conclusion: Losing Labour's Soul?

The Political Economy of European Employment: European Integration and the Transnationalization of the (Un)Employment Question

Abstract: 1. Henk Overbeek Transnational political economy and the politics of European (un)employment: Introducing the Themes Part I 2. Henk Overbeek Globalisation, neo-liberalism and the employment question 3. Bob Jessop Changes in Welfare Regimes and the Search for Flexibility and Employability 4. Hans-Jurgen Bieling Employment policy between neo-liberalism and communitarianism Part II 5. Stefan Tidow The emergence of European employment policy as a transnational political arena 6. Brigette Young EMU, employment and gender politics: a feminist constructivist analysis of neo-liberal labour market restructuring in Europe 7. Bastiaan van Apeldoorn European unemployment and transnational capitalist class strategy: the rise of the neo-liberal competitiveness discourse Part III 8. Bob Jessop From Thatcherism to New Labour: Neo-liberalism, workfarism and labour market regulation 9. Uwe Becker Competitive corporatism? National and transnational elements in the Dutch employment 'miracle' 10. Magnus Ryner and Thorsten Schulten The political economy of labour market restructuring and trade union responses in the 'social democratic' heartland 11. Leila S. Talani and Emma Cervino Mediterranean labour and the impact of the EMU: mass unemployment or labour market flexibility? 12. Henk Overbeek Conflicting views on how to address (un)employment in Europe: Towards a tentative conclusion

Flexicurity : a relevant approach in Central and Eastern Europe

Abstract: This study is a valuable contribution to the debate surrounding the role of flexibility and security on labour market performance Written by two leading experts in the field, with case studies contributed by outstanding national experts, it argues that the flexicurity approach is the most relevant for Central and Eastern European countries and suggests appropriate reforms of economic policy, institutional framework of the labour market, labour market policy and education and social policies in this region The book follows the pattern of analysis used in Labour Markets in Transition, a previous monograph by the authors, and re-examines the different dimensions of flexibility, including flexible forms of employment It studies fluctuations of labour turnover over the economic cycle Then it reviews changes in the regulatory provisions, collective bargaining, labour taxation and labour market policies and their impacts on key labour market indicators for the period 1999 – 2003 as compared with the end of the 1990s Through a series of national case studies, the volume examines how the countries of Croatia, Bulgaria, Hungary, Lithuania and Poland, have attempted to balance labour market flexibility and security since the late 1990s A discussion on wage flexibility is also included The search for a better combination of flexibility and security has been a major challenge within the European Union and it is often seen as indispensable for improving competitiveness and at the same time maintaining the European social model This book offers an insightful look into how this can be achieved through the flexicurity approach and shows how “activation” of labour market policies and social dialogue can be the keys to success

Labour and Labour-Related Laws in Micro and Small Enterprises: Innovative Regulatory Approaches

Abstract: States face difficult policy choices in developing labour regulation for MSEs. They must balance the twin - and apparently competing - goals of improving job quality while promoting and rewarding entrepreneurship and economic growth. States must address the challenge of developing the best method of regulating, and so of moving toward achievement of their important policy goals as well as proper functioning of the markets. The findings of this study suggest that States neither must nor should simply exclude MSEs from the application of labour laws. The exclusion of MSEs from labour law only deprives MSEs of the benefits that flow from workers experiencing better job quality. From the point of view of development theory, a State that takes this approach fails to ensure that it is developing its citizens' human capabilities: it thereby fails them as individuals, and society as a whole. This study identifies a number of innovative regulatory approaches that States have adopted to try to achieve the goal of applying labour and labour related laws to MSEs, without imposing significant costs upon them. Some States have adopted legislative measures to redefine the scope of the employment relationship in broader terms. Others have taken a 'staged' approach, for example gradually extending the scope of social security schemes to ensure that over time they include MSEs. A number of States have developed special agencies or units within their labour administration that have particular responsibilities for the promotion of labour law and its application to MSEs.

Fading Corporatism: Israel's Labor Law and Industrial Relations in Transition

Abstract: Excerpt] This book surveys Israeli labor law from 1920 to the present. The process of writing and publishing a book does not always conform to the pace of events, particularly when the subject matter is contemporary history. The book is therefore updated until the end of 2005. References to court cases and events that began before 2005 were updated at the end of 2006. However, no developments since that time have been integrated into the text. In my opinion, no such event undermines the central argument of the book; several reinforce it. Presenting a book in English that focuses on Israel's labor law presents many editorial dilemmas. Moreover, the book's claim is that Israeli law developed on the basis of continental European systems and is now adopting features of American law. Hence it is difficult to determine how to translate the law and how to convey a "feel" of the Israeli story. While providing a consistent method was the most important goal, I have also attempted to keep the book as simple and user-friendly as possible.

Integrative Linkage: Combining Public and Private Regulatory Approaches in the Design of Trade and Labor Regimes

Abstract: One of the most contentious issues in the debate over trade liberalization concerns whether, and how, labor rights provisions should be incorporated into free trade agreements (FTAs). The predominant approach to crafting these provisions has been what might be termed a State Action-State Sanctions Model, in which sanctions are threatened if domestic labor law is poor, or inadequately enforced. Yet in light of the fact that developing countries often have highly dysfunctional labor regulatory systems, and in light of the insights provided by recent scholarship on regulatory theory and international governance, such a state-centric focus is misguided. This article therefore argues for a new approach to the design of labor rights provisions in trade agreements called Integrative Linkage (IL). An IL approach simultaneously recognizes the increasingly important role of private regulatory regimes in the enforcement of workers' rights, and at the same time seeks to develop well-functioning, democratically accountable public labor regulation regimes. Using an ILO led labor rights experiment in Cambodia as an instructive case study, the article develops a set of principles and mechanisms that might guide policymakers in crafting specific IL regimes to achieve these goals.