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Articles 1 - 17 of 17
Full-Text Articles in Labor Relations
Algorithmic Management At Work: Collective Rights And Eu Regulatory Responses, Mariapaola Aimo, Laura Tebano
Algorithmic Management At Work: Collective Rights And Eu Regulatory Responses, Mariapaola Aimo, Laura Tebano
Comparative Labor Law & Policy Journal
This article provides a comprehensive analysis of the evolving European regulatory framework concerning Artificial Intelligence and Algorithmic Management in the workplace, focusing on the protection of workers’ collective rights. It first examines the Artificial Intelligence Act, arguing that its product-oriented and risk-based approach inadequately addresses workplace power imbalances. Although employment-related AI is classified as “high risk,” the Artificial Intelligence Act merely grants workers’ representatives a right to information, without ensuring consultation, and reveals a democratic deficit in the implementation phase, where technical standards are shaped by private interests. We then argue that traditional information-and-consultation mechanisms offer limited protection and are …
Measuring Effective Labour Regulation In The Less Developed World: Recent Advances And Challenges Ahead, Lucas Ronconi, Steven Raphael
Measuring Effective Labour Regulation In The Less Developed World: Recent Advances And Challenges Ahead, Lucas Ronconi, Steven Raphael
Comparative Labor Law & Policy Journal
This article critically reviews the literature on labour enforcement with a focus on less developed countries. Despite measurement limitations, the evidence indicates that enforcement is quite low in poorer countries; there are fewer inspectors and inspections, lower penalties, and less trust in the judiciary compared to richer countries. The lower level of enforcement contributes to higher rates of violations of workers’ rights. More controversial are the effects of enforcement on employment. Moreover, it is unclear how to prompt less developed countries to increase enforcement. This article discusses the scant evidence about the role of trade agreements, labour unions, international organizations, …
Collective Labour Dispute Resolution In Vietnam: The Evolution Of Rules And Institutions And Workers’ Strategic Deployment Of State Regulation, Trang T.K. Tran
Collective Labour Dispute Resolution In Vietnam: The Evolution Of Rules And Institutions And Workers’ Strategic Deployment Of State Regulation, Trang T.K. Tran
Comparative Labor Law & Policy Journal
While Vietnam has established a legal system for labour disputes that largely mirrors those in developed countries, empirical evidence reveals these formal mechanisms are rarely, if ever, used to resolve collective disputes. The persistent failures of the formal mechanisms have, paradoxically, created an environment where workers and trade unions have developed innovative, informal strategies to leverage the state’s legal framework. Workers in Vietnam mobilize around the very existence of labour laws to exert pressure on employers and state institutions to intervene on their behalf, even if not directly following each labour laws’ procedure. This strategic deployment of state regulation, often …
Transnational Labour Law And Governance: Advancing Workers’ Rights In Global Value Chains, Judy Fudge, Guy Mundlak
Transnational Labour Law And Governance: Advancing Workers’ Rights In Global Value Chains, Judy Fudge, Guy Mundlak
Comparative Labor Law & Policy Journal
TRANSNATIONAL LABOUR GOVERNANCE is a multiscalar assemblage of agents, institutions, instruments, and legal concepts that has emerged to address the governance gap caused by the mismatch between the global nature of production and the territorial format of labour law (Blackett & Trebilcock, 2015; Hepple, 2005; Kolben, 2011; Mundlak, 2024). This special issue investigates some of the key components in this assemblage and identifies features that make a transnational labour law approach distinctive. In this introduction to the special issue, we begin in Section II by describing the governance gap and its impact on the wages and working conditions of supply …
The Problem Of Digital Trade Regulation: Silences Regarding Labour And Their Potential Disruption By A Sustainability Agenda, Tonia Novitz
The Problem Of Digital Trade Regulation: Silences Regarding Labour And Their Potential Disruption By A Sustainability Agenda, Tonia Novitz
Comparative Labor Law & Policy Journal
The growing impact of digital trade on work in global supply chains is readily detectable but there are curious regulatory silences on labour-related issues. The key problem identified in digital trade law is national obstruction to the free flow of data needed to promote online ordering and delivery of goods and services. In comparison, the concerns of those whose work is constitutive of digital trade, such as platform workers, are largely overlooked. Arguably, provisions often found in trade agreements relating to digital privacy and the effects of algorithmic management could be utilised by those at work. However, there remain uncertainties …
Collective Bargaining Agreements As Non-Judicial Grievance Mechanisms, Sahiba Gill
Collective Bargaining Agreements As Non-Judicial Grievance Mechanisms, Sahiba Gill
Comparative Labor Law & Policy Journal
Do collective bargaining agreements (CBAs) in global value chains meet the United Nations Guiding Principles on Business and Human Rights’ (UN Guiding Principles, or Guiding Principles) benchmark for effective access to remedy through non-judicial grievance mechanisms? The literature on access to remedy in the business and human rights framework has not considered whether they do, despite growing attention to contestation between rightsholders and companies via these mechanisms. This article contributes to filling this gap through empirical analysis of a dataset of 216 CBAs in manufacturing sectors in the Global South with grievance mechanisms. Findings indicate that grievance mechanisms in CBAs …
Supply Chain Bargaining And Worker Voice: Reflections On The Bangladesh Accord And The Dindigul Agreement, Marlese Von Broembsen
Supply Chain Bargaining And Worker Voice: Reflections On The Bangladesh Accord And The Dindigul Agreement, Marlese Von Broembsen
Comparative Labor Law & Policy Journal
Both private governance and transnational labour law scholars are concerned with the participation of supply chain workers in “enforceable brand agreements.” Much of the private governance literature is concerned with improving workers’ participation in the negotiation and implementation of enforceable brand agreements. Some transnational labour law scholars are concerned with whether transnational labour law should depart from prescripts typical of national labour law — which generally recognises trade unions as the only legitimate representatives of workers — to recognise civil society organisations as bargaining agents. This article analyses the Bangladesh Accord on Fire and Building Safety and the Dindigul Agreement …
Corporatism For The Informal Economy: Democratising The Potential Of The Mathadi Tripartite Board Model, Shelley Marshall, Hila Shamir, Babu P. Remesh, Anjali Sharma
Corporatism For The Informal Economy: Democratising The Potential Of The Mathadi Tripartite Board Model, Shelley Marshall, Hila Shamir, Babu P. Remesh, Anjali Sharma
Comparative Labor Law & Policy Journal
This article examines the Mathadi Boards in Pune, India, as a pioneering example of corporatist regulation adapted to the informal economy. These tripartite institutions — comprising workers, employers, and the state — negotiate legally binding agreements on wages and working conditions for informal labourers, offering social protections and formalization without relying on traditional employment contracts. Drawing on extensive fieldwork and interviews, the study explores the Boards’ structure, governance, and impact, highlighting their potential as scalable models for informal labour regulation globally. It also identifies challenges related to representation, enforcement, and social exclusion, offering insights into how corporatist frameworks can be …
Lessons Learned From The Last 25 Years Of Anti-Trafficking And Forced Labour Governance: Private Power And Public Policy, Genevieve Lebaron, Janie A. Chuang
Lessons Learned From The Last 25 Years Of Anti-Trafficking And Forced Labour Governance: Private Power And Public Policy, Genevieve Lebaron, Janie A. Chuang
Comparative Labor Law & Policy Journal
Twenty-five years after adopting the United Nations Trafficking Protocol, anti-trafficking scrutiny is finally being brought to bear on forced labour in global supply chains. This article identifies and examines key aspects of the contemporary governance regime developed to address this endemic problem: corporate social initiatives and transparency legislation, human rights due diligence laws, strategic litigation, and forced labour import bans. As explored in this article, the interplay between public and private governance these interventions entail has a significant impact on whether workers ultimately benefit from these efforts. More specifically, the rise of corporate power and influence within this regulatory space …
The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli
The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli
Comparative Labor Law & Policy Journal
The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …
Front Matter, Editors Of Comparative Labor Law & Policy Journal
Front Matter, Editors Of Comparative Labor Law & Policy Journal
Comparative Labor Law & Policy Journal
Front Matter
Book Review: Défense Et Illustration De L’Action Internationale: L’Example De L’Oit By Jean-Michel Servais, Editions L’Harmattan, 20251, Lance Compa
Comparative Labor Law & Policy Journal
For decades a leading figure among senior legal officials at the International Labour Organization (ILO), Jean-Michel Servais has synthesized his experience in a magisterial work that every international labour law scholar and practitioner should have on hand — if they read French. This brief review is meant to introduce it to a broader audience, with hope that the book might be translated and published for the benefit of English readers, too.
Comparing Regulation With Collective Bargaining: Drawing On Processes Of Change During The Covid-19 Crisis In Israel, Lilach Lurie, Guy Mundlak
Comparing Regulation With Collective Bargaining: Drawing On Processes Of Change During The Covid-19 Crisis In Israel, Lilach Lurie, Guy Mundlak
Comparative Labor Law & Policy Journal
This article compares two systems of labour market governance: regulation by means of employment standards, and norms that are established in collective bargaining. A comparative framework draws nine criteria, spanning procedural and substantive dimensions, and emphasises the degree of integration between the systems, or “coupling.” The study uses Israel’s response to the COVID-19 crisis as a case study, drawing on a unique dataset of all regulatory provisions and collective agreements concluded from March 2020 to December 2021, supplemented by interviews with key actors. In the public sector, strong coupling was achieved through coordinated regulatory and bargaining processes, resulting in more …
Watching The Clock: Time-Tracking And The Erosion Of Privacy And Dignity At Work, Tammy Katsabian
Watching The Clock: Time-Tracking And The Erosion Of Privacy And Dignity At Work, Tammy Katsabian
Comparative Labor Law & Policy Journal
This article examines the rise of time-tracking technologies as a dominant form of digital workplace surveillance and their implications for workers’ privacy and dignity. Often framed as neutral tools for enhancing productivity, these systems embed continuous algorithmic oversight into daily work routines, intensifying managerial control and reshaping the employment relationship. Drawing on legal, philosophical, and socio-technical scholarship, the article argues that privacy and dignity are mutually reinforcing values, both of which are undermined by pervasive surveillance practices. Privacy is not treated here as a waivable entitlement grounded in individual consent, but rather as a structural safeguard that protects autonomy and …
From Governance To Political Economy: Insights From A Study Of Relations Between Corporations And Workers, Harry W. Arthurs, Claire Mumme
From Governance To Political Economy: Insights From A Study Of Relations Between Corporations And Workers, Harry W. Arthurs, Claire Mumme
Osgoode Hall Law Journal
This study explores four postwar attempts to re-imagine the role of workers within the corporation and especially their relation to the processes of corporate governance. Employees have been variously conceptualized as "citizens at work," whose rights of association, speech, assembly, and due process can be secured through collective bargaining; as "stakeholders," whose interests are entitled to consideration analogous to those of corporate shareholders; as "human capital," worth preserving and enhancing through enlightened employment policies and practices; and as "investors"-actual holders of corporate equity through pension funds and other vehicles. Despite the descriptive power and normative appeal of these approaches, each …
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Osgoode Hall Law Journal
Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
Osgoode Hall Law Journal
The breakdown in the links of mass production and mass consumption poses problems throughout the advanced industrial world. In each nation-state the ensuing struggles will take different forms. In postwar Canada, the link between mass consumption and mass production did not lead to the same kind of trade union participation in decision-making as it did in much of Europe. Workers were unable to establish embedded rights of worker participation. What was known as the fordist model in Europe did not have deep roots in Canada. Canadian workers are now being attacked by employers whose bargaining powers were never seriously blunted, …