Download Creative Labour Regulation: Indeterminacy and Protection in by Deirdre McCann, Sangheon Lee, Patrick Belser, Colin Fenwick, PDF

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By Deirdre McCann, Sangheon Lee, Patrick Belser, Colin Fenwick, John Howe, Malte Luebker

Drawing on contributions via major specialists from the Regulating for hot paintings community, this quantity bargains new rules for learn and coverage on potent exertions law. The ebook identifies 3 significant demanding situations to modern exertions law: intensifying hard work industry fragmentation, advanced interactions among hard work industry associations, and stumbling blocks to powerful enforcement.

The e-book contains chapters on complicated economies (Europe and the us) and the constructing global (Argentina, Cambodia, South Africa, and Vietnam). issues comprise the legislation of precarious and casual paintings; the position of minimal salary rules in industrialized and low-income nations; the promise and obstacles of hybrid public–private enforcement mechanisms―including the ILO/International Finance Corporation's higher paintings Programme; and the involvement of work inspectorates and civil society businesses in enforcing exertions standards.

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In short, many businesses that draw on these ‘fissured’ employment strategies have their cake and eat it too. But should they be able to do so? There are many benefits to consumers arising from businesses that create and provide distinctive products and services. Are there ways to David Weil 37 allow the beneficial aspects of business models built on adherence to quality and customer service standards to also assure that they meet their obligations under the law to employees? This chapter argues that the spreading and deepening of fissured employment practices contributes to the regulatory indeterminacy that is a central theme of this volume.

This chapter also illustrates a fruitful conjunction of the labour regulation and civil society traditions, an approach suited to research on South Africa in which civil society engagement with labour regulation has been unusually intense as a legacy of the anti-apartheid struggle. This line of enquiry is useful in situating hybrid mechanisms as a lifeline to vulnerable workers. The changing complexion of contemporary employment, Ordor argues, makes the study of hybrid strategies imperative, since non-profit organizations are particularly suited to informal and precarious workers.

See Chapter 9, this volume, p. 251) Ordor’s research confirms the potential of NGOs to strengthen grassroots initiatives by accessing regulatory frameworks. She concludes that by developing hybrid strategies, non-profit sector resources can be channelled more effectively to support the efforts of government and trade unions. For present purposes, this chapter reveals a further conduit to the implementation of legal standards in the informal economy. The hybrid mechanisms reviewed by both Amengual and Ordor upend the economic impact literature’s pessimistic portrayal of informal working relations as inescapably resistant to statutory standards.

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