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2019 Annual Platform Survey: Tackling Undeclared In The Collaborative Economy And Bogus Self-Employment, Data Exchange And Data Protection, And Cross-Border Sanctions, Colin C. Williams Oct 2019

2019 Annual Platform Survey: Tackling Undeclared In The Collaborative Economy And Bogus Self-Employment, Data Exchange And Data Protection, And Cross-Border Sanctions, Colin C. Williams

Colin C Williams

This survey collected information from EU Member States, as well as Iceland and Norway, on three issues:
 Tackling undeclared work in the collaborative economy and bogus self-employment.
 Data exchange and data protection.
 Cross-border sanctions.
Of the 28 Platform members from EU Member States as well as Iceland and Norway, 28 out of 30 responses were received. In addition, the European Trade Union Confederation (ETUC) provided qualitative feedback on the role of social partners and their cooperation with enforcement authorities to tackle undeclared work in the areas covered by the survey.


Connecting Labor Market Institutions, Corporate Demography, And Human Resource Management Practices, M. Diane Burton, Robert W. Fairlee, Donald Siegel Aug 2019

Connecting Labor Market Institutions, Corporate Demography, And Human Resource Management Practices, M. Diane Burton, Robert W. Fairlee, Donald Siegel

M. Diane Burton

With the growing attention to entrepreneurship as an engine of job creation and economic development, it is important for social scientists who are broadly interested in labor market and employment topics to focus attention on new firms and the policies and practices that surround them. The authors argue that the next generation of scholarship should pay particular attention to labor market institutions, the ecosystem of existing employers, and the human resource management practices that provide the strategic context for entrepreneurs and shape the career opportunities for workers. Remarkable variation occurs across space and time in the prevalence and performance of …


Tackling Undeclared Work In The European Union: Policy Report, Colin C. Williams Aug 2019

Tackling Undeclared Work In The European Union: Policy Report, Colin C. Williams

Colin C Williams

Undeclared work represents a persistent feature of contemporary economies and results in lost public revenue, lack of worker protection and unfair competition for legitimate businesses. Conventionally, undeclared work has been viewed as an individual criminal act, which is solved by governments increasing the penalties and risks of detection in order to discourage participation. This, however, only deals with the outcome (i.e., participation in undeclared work) and does not address the drivers of this behaviour.
This report explores the formal institutional failures which make undeclared work an acceptable behaviour in the eyes of citizens and, consequently, result in high participation in …


Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams Jul 2019

Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams

Colin C Williams

This document sets out examples of proven approaches
and practices that Platform members and observers
have used to tackle undeclared work in Europe. The
aim is to inspire national policy-makers with tried and
tested approaches and to provide sources of further
information of how to put these concrete examples into
action.


Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams Jul 2019

Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams

Colin C Williams

Across the member states of the European Union and beyond, paid transactions are occuring that are not declared to the state for tax, social security or labour law purposes. The practice is not a minority one. As a result, tackling undeclared work has become a core issue on the policy agendas of both governments and the European Commission, reflected in the establishment of the European Platform Tackling Undeclared Work. 
How, therefore, can undeclared work be tackled? A review of the literature indicates two major distinct approaches. First, a rational economic actor approach that tackles undeclared work by ensuring that the …


Cross-Border Concerted And Joint Inspections In The Fight Against Undeclared Work, Colin C. Williams Jul 2019

Cross-Border Concerted And Joint Inspections In The Fight Against Undeclared Work, Colin C. Williams

Colin C Williams

The European Platform Tackling Undeclared Work organised a Thematic Review Workshop in Portugal on ‘Cross-border concerted and joint inspections’ between 28 February and 1 March 2019 (see Executive Summary here). It was hosted by the Authority for Working Conditions (Autoridade para as Condições do Trabalho [ACT]). The aim was to share knowledge and experience among Platform members around a specific component of cross-border activities: concerted and joint inspections. Participants from 22 countries attended, including national ministries, labour inspectorates, regional administrative agencies and tax authorities. The workshop was the initial stage in a larger, mutual learning process and will generate further …


A Philosophical Basis For Judicial Restraint, Michael Evan Gold Jun 2019

A Philosophical Basis For Judicial Restraint, Michael Evan Gold

Michael Evan Gold

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases.


Future Role And Competence Profile Of Labour Inspectorates, Colin C. Williams Jun 2019

Future Role And Competence Profile Of Labour Inspectorates, Colin C. Williams

Colin C Williams

The transformation of undeclared work into declared work using a combination of preventative and deterrence measures has significant implications for the future role of enforcement authorities1, and the skills and competencies required.
This thematic review workshop (TRW) will provide Platform members with an opportunity to engage in mutual learning and share understanding of the key human resource management issues for both inspectorates as well as inspectors. These issues arise from transforming undeclared work into declared work, the adoption of a wider range of deterrence and preventative approaches and achieving a good balance between deterrence and prevention. In addition, enforcement authorities …


Preventative Approaches To Tackle Undeclared Work, With A Focus Upon Tax Rebates And Notification Letters: Executive Summary, Colin C. Williams Jun 2019

Preventative Approaches To Tackle Undeclared Work, With A Focus Upon Tax Rebates And Notification Letters: Executive Summary, Colin C. Williams

Colin C Williams

No abstract provided.


An Empirical Study Of Fast-Food Franchising Contracts: Towards A New "Intermediary" Theory Of Joint Employment, Kati L. Griffith May 2019

An Empirical Study Of Fast-Food Franchising Contracts: Towards A New "Intermediary" Theory Of Joint Employment, Kati L. Griffith

Kati Griffith

The “Fight for Fifteen and a Union” movement among fast-food workers and their allies has raised awareness about wage inequality in the United States. Rather than negotiating for better wages and working conditions with economically weak restaurant-level franchisees, the movement aims to affect the practices of what they view as the all-powerful brands—the franchisors. Few would dispute the notion that the franchisor brands, not their franchisees, set industry-wide standards and, thus, have the ability to offset rising wage inequality and improve working conditions. And yet, the movement has raised controversial law and policy questions about the legal responsibilities of these …


On-Demand Platform Workers In New York State: The Challenges For Public Policy, Ileen A. Devault, Maria Figueroa, Fred B. Kotler, Michael Maffie, John Wu May 2019

On-Demand Platform Workers In New York State: The Challenges For Public Policy, Ileen A. Devault, Maria Figueroa, Fred B. Kotler, Michael Maffie, John Wu

Ileen A DeVault

[Excerpt] This report examines one specific subset of New York state’s contingent workforce: on-demand workers who obtain work through online platforms or “apps.” Often referred to popularly as “gig” workers, we use the phrase “on-demand platform workers” in an attempt to clarify the workers to whom we refer.

Our research shows that on-demand platform workers:

  • Are notoriously difficult to count, due to factors such as the part-time quality of their work, high turnover rates and confusion over the definition of terms;

  • Experience low and unstable earnings and a lack of benefits, requiring reliance on second or third jobs, other family …


Preventative Approaches For Tackling Undeclared Work, Focusing Upon Tax Rebates And Notification Letters: Learning Resource Paper For The European Platform Tackling Undeclared Work Seminar, Colin C. Williams May 2019

Preventative Approaches For Tackling Undeclared Work, Focusing Upon Tax Rebates And Notification Letters: Learning Resource Paper For The European Platform Tackling Undeclared Work Seminar, Colin C. Williams

Colin C Williams

Ÿ  Effective preventative approaches are long-term, tailored strategies. Over time, they can trigger behavioural change to declare work and increase trust in institutions. Preventative strategies should combine a range of measures and must be regularly tested, evaluated and adapted according to the results. Pilot schemes can be used to find effective ways to tailor approaches to the national context and culture. However, preventative approaches and deterrence approaches are complementary. Both can be used to tackle undeclared work.
Ÿ  Moving towards preventative measures requires a change of strategy of the role of enforcement institutions. A preventative approach requires support of all …


Shadow Economy: Definitions, Terms And Theoretical Considerations, Colin C. Williams May 2019

Shadow Economy: Definitions, Terms And Theoretical Considerations, Colin C. Williams

Colin C Williams

The last decades, many scholars highlighted the shadow economic activities, regarding their disadvantages (unemployment, impoverishment etc) and advantages (intensifies competition, flexibility in employment etc). During the financial crisis, informal activities rose in noisy way, which triggered the development of special definitions to describe a wide range of actions which in turn have gradually configured and updated the content of the shadow economy term. In this paper we present the theoretical background of the shadow economy term, by selecting the main worldwide literature published from 1973 to 2018. Many studies have tried to definite the shadow economy term but none has …


Diagnostic Report On Undeclared Work In Kosovo, Colin C. Williams Apr 2019

Diagnostic Report On Undeclared Work In Kosovo, Colin C. Williams

Colin C Williams

This diagnostic report evaluates the extent, nature and drivers of undeclared work in Kosovo* followed by recommendations regarding how this sphere can be tackled.


Ifth Plenary Meeting Of The European Platform Tackling Undeclared Work Report On Tackling Under-Declared Employment In The European Union, Colin C. Williams Mar 2019

Ifth Plenary Meeting Of The European Platform Tackling Undeclared Work Report On Tackling Under-Declared Employment In The European Union, Colin C. Williams

Colin C Williams

The fifth Plenary meeting of the European Platform Tackling Undeclared Work was held in Brussels on 18-19 October 2018. The first day of this meeting was dedicated to the topic of tackling under-declared employment in the European Union. This report summarises the discussions at the workshop, which drew on the findings of two studies on this topic produced as part of the Platform’s work programme.

The objective of this thematic discussion on under-declared employment in the European Union was: (i) to exchange information on what works and what does not, (ii) to generate knowledge about under-declared employment, and (iii) to …


Tackling Undeclared Work In The Agricultural Sector: A Learning Resource, Colin C. Williams Mar 2019

Tackling Undeclared Work In The Agricultural Sector: A Learning Resource, Colin C. Williams

Colin C Williams

On 24 January 2019, the European Platform Tackling Undeclared Work organised a seminar in Brussels on Tackling undeclared work in the agricultural sector, with a focus upon seasonal workers and horticulture. The seminar brought together Platform members or designated representatives from EU Member States (MS) representing labour inspectorates and social security, tax and customs authorities, and national and European social partner representatives from the agricultural sector. The intention was to provide participants with an opportunity to engage in mutual learning and exchange knowledge on how to tackle undeclared work in the agricultural sector and transform undeclared into declared work. Participants …


Institutional Asymmetry And The Acceptability Of Undeclared Work: Synthesis Report, Colin C. Williams Jan 2019

Institutional Asymmetry And The Acceptability Of Undeclared Work: Synthesis Report, Colin C. Williams

Colin C Williams

This report is part of the project SHADOWSwhich aims to investigate the effectiveness of different policy measures in reducing undeclared work. As such, the project evaluates not only the effectiveness of using a rational economic actor approach (that tackles undeclared work by ensuring that the payoff from undeclared work is outweighed by the costs), and a social actor approach (grounded in a view that undeclared work arises when tax morale is low), but also analyses the interaction effects (between deterrents and tax morale, and vertical and horizontal trust) in various contexts. This report focuses on the social actor approach, …


Tackling Undeclared Work In The Agricultural Sector, Colin C. Williams Nov 2018

Tackling Undeclared Work In The Agricultural Sector, Colin C. Williams

Colin C Williams

This study evaluates the prevalence, distribution and characteristics of undeclared work in the agricultural, forestry and fishing sector (henceforth ‘agricultural sector’) in the EU and how this can be tackled. To do so, the prevalence, distribution and characteristics of undeclared work in the agricultural sector, along with its systemic drivers, are analysed. This analysis then provides the evidence base for an analysis of how undeclared work can be tackled. To identify how to achieve this, an analysis is undertaken of the legislative and institutional frameworks, of the policy approaches for tackling undeclared work in the agricultural sector, and an evidence-based …


Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams Oct 2018

Tackling Under-Declared Employment In The European Union: Input Paper To Thematic Discussion Of European Platform Tackling Undeclared Work, Colin C. Williams

Colin C Williams

The under-declaration of work ranges from employers using unregistered employees, through the under-declaration of income by the formal self-employed and formal businesses, to the misuse of collaborative platforms and the digital economy to conceal the full amount of incomes and social security due.
The objective of this thematic discussion on under-declared employment in the European Union is: (i) to exchange information on what works and what does not, (ii) to generate knowledge about under-declared employment, and (iii) to explore how the Platform activities can contribute to tackling under-declared employment.
The intention is to focus upon two types of under-declaring work: …


Evaluating Policy Approaches Towards Undeclared Work: Some Lessons From Fyr Of Macedonia, Colin C. Williams Oct 2018

Evaluating Policy Approaches Towards Undeclared Work: Some Lessons From Fyr Of Macedonia, Colin C. Williams

Colin C Williams

To tackle undeclared work, the conventional rational economic actor approach
uses deterrents to ensure that the costs of engaging in undeclared work outweigh
the benefits. Recent years have seen the emergence of a social actor approach
which focuses upon improving tax morale. To analyse the association between
participation in undeclared work and these policy approaches, 2,014 face-toface
interviews, conducted in FYROM in 2015, are reported. Logistic regression
analysis reveals no association between participation in undeclared work and the
perceived level of penalties and risk of detection, but there is an association with
the level of tax morale. The paper concludes …


Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns, Colin C. Williams May 2018

Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns, Colin C. Williams

Colin C Williams

1.          Introduction
The aim of this study is to review the range of preventative approaches for tackling undeclared work available to Member States, and to focus upon two types of preventative measure, namely service vouchers and the use of awareness raising campaigns.
2.          Rationales for a preventative approach
·       The rationale for a preventative approach is to shift away from resolving problems after they have occurred towards preventing non-compliance in the first place.
·       Article 1 of Decision (EU) 2016/3441, establishing the Platform, explicitly encourages such a preventative approach. It states that ‘”tackling”, in relation to undeclared work, means preventing, …


Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns: Outputs From Plenary Discussion Of The European Platform Tackling Undeclared Work, Colin C. Williams Apr 2018

Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns: Outputs From Plenary Discussion Of The European Platform Tackling Undeclared Work, Colin C. Williams

Colin C Williams

The fourth Plenary meeting of the European Platform Tackling Undeclared Work was held in Brussels on 8-9 March 2018. The first day of this meeting was dedicated to the topic of the preventative approach towards tackling undeclared work, with a focus upon service vouchers and awareness raising. This report summarises the discussions at the meeting, drawing also on the forthcoming study on this topic which has been developed as part of the Platform’s work programme


2018 European Platform Undeclared Work Survey Report: Obstacles To Tackling Undeclared Work At The Cross-Border And National Levels, Bilateral And National Agreements, And Complaint Reporting Tools, Colin C. Williams Apr 2018

2018 European Platform Undeclared Work Survey Report: Obstacles To Tackling Undeclared Work At The Cross-Border And National Levels, Bilateral And National Agreements, And Complaint Reporting Tools, Colin C. Williams

Colin C Williams

Responses were received from 45 authorities with responsibilities for tackling undeclared work in 25 Member States (MS), most of whom were labour inspectorates or Ministries of Labour. The issues covered: obstacles to tackling undeclared work at the cross-border and national levels; the use of bilateral and multilateral agreements, and the use of complaint reporting tools in Member States


Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams Apr 2018

Elements Of A Preventative Approach Towards Undeclared Work: An Evaluation Of Service Vouchers And Awareness Raising Campaigns - Input Paper To Thematic Discussion, Colin C. Williams

Colin C Williams

The objective of the thematic discussion on preventative measures for tackling undeclared work, focusing on both service vouchers and awareness raising campaigns, is (i) to exchange information on what works and what does not, (ii) to generate knowledge about these preventative measures, and (iii) to explore how the Platform activities can contribute to developing a preventative approach towards undeclared work.
This thematic discussion will focus attention on three key issues. In Part 1, we will address an issue everyone is aware of but until now has not been discussed, namely why preventative measures are not commonly used in Member States …


Tackling Salary Under-Reporting In Croatia: Evidence From Employer And Employee Surveys, Colin C. Williams Mar 2018

Tackling Salary Under-Reporting In Croatia: Evidence From Employer And Employee Surveys, Colin C. Williams

Colin C Williams

The aim of this paper is to evaluate how to tackle the illegal wage practice where formal
employers pay their formal employees an undeclared (envelope) wage in addition to their
official declared salary, which reduces the tax and social contributions paid to the authorities.
Until now, two competing policy approaches have been advocated, namely a conventional
rational economic actor approach which seeks to increase the perceived or actual penalties
and probability of being caught, and an emergent social actor approach that seeks to improve
tax morale. Reporting two nationally representative surveys of employers and employees
conducted in 2015 in Croatia, …


Workplace Dignity In A Total Institution: Examining The Experiences Of Foxconn’S Migrant Workforce, Kristen Lucas, Dongjing Kang, Zhou Li Feb 2018

Workplace Dignity In A Total Institution: Examining The Experiences Of Foxconn’S Migrant Workforce, Kristen Lucas, Dongjing Kang, Zhou Li

Kristen Lucas

In 2010, a cluster of suicides at the electronics manufacturing giant Foxconn Technology Group sparked worldwide outcry about working conditions at its factories in China. Within a few short months, 14 young migrant workers jumped to their deaths from buildings on the Foxconn campus, an all-encompassing compound where they had worked, eaten, and slept. Even though the language of workplace dignity was invoked in official responses from Foxconn and its business partner Apple, neither of these parties directly examined workers’ dignity in their ensuing audits. Based on our analysis of media accounts of life at Foxconn, we argue that its …


Between Support And Shame: The Impacts Of Workplace Violations For Immigrant Families, Shannon Gleeson Feb 2018

Between Support And Shame: The Impacts Of Workplace Violations For Immigrant Families, Shannon Gleeson

Shannon Gleeson

Purpose - This study examines the conditions that lead to workplace violations for low-wage immigrant workers, and how family life shapes their decision to speak up. I also highlight how both employer abuse and the claims making process can impact individuals and their families.

Methodology/approach - This research adopts a mixed-method approach that includes a survey of 453 low-wage workers seeking pro bono legal assistance and 115 follow-up interviews with claimants. I also conduct a five-year ethnography of both a monthly state workshop provided for injured workers and a pro bono legal aid clinic in a predominantly Latino agricultural community …


Workers, Families, And Immigration Policies, Shannon Gleeson Feb 2018

Workers, Families, And Immigration Policies, Shannon Gleeson

Shannon Gleeson

[Excerpt] Unauthorized immigration to the US has a long and varied history shaped by a number of shifts in immigration policy. Of the global immigrant stock, 10–15 % is estimated to be undocumented (20–30 million; International Organization for Migration 2008). Today, undocumented immigrants comprise roughly 40 % of the immigrant flow to the US. Although immigrants often come to this country as a result of complex factors that were initiated or supported by the US—including free trade agreements and wars that devastated immigrants’ home countries and their national economies—once they become unauthorized, they find themselves in extremely vulnerable positions. Besides …


Re-Conceptualizing The Economic Incorporation Of Immigrants: A Comparison Of The Mexican And Vietnamese, Shannon Gleeson Feb 2018

Re-Conceptualizing The Economic Incorporation Of Immigrants: A Comparison Of The Mexican And Vietnamese, Shannon Gleeson

Shannon Gleeson

Using data from the 2000 5 per cent Integrated Public Use Microdata Series, this article advocates three shifts in our theoretical and empirical approaches to understanding immigrant economic incorporation. First, through a comparison of Mexican and Vietnamese immigrants, these findings highlight the importance of an immigrant population’s relationship to the state for economic outcomes, and cautions against analyses that aggregate the foreign-born population. Second, through a joint analysis of unemployment and poverty outcomes, these findings call for researchers to be specific about the varied aspects of ‘‘economic incorporation’’ and distinguish between factors that drive labor market access, and those that …


Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols Jan 2018

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Chris Jay Hoofnagle

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …