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Articles 1 - 8 of 8
Full-Text Articles in Labor Relations
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, …
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 …
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 …
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 …