Labor and Employment Law Commons^™

Decent Work In The Platform Economy Convention, 2026: A Preliminary Analysis, Valerio De Stefano

ILO Decent Work in the Platform Economy Convention

This paper provides a preliminary analysis of the Decent Work in the Platform Economy Convention, 2026 (No. 193), the first international labour standard devoted specifically to platform work. It examines the Convention’s scope, substantive protections, and principal interpretive questions, arguing that its significance lies in the cumulative architecture through which platform work is brought within the reach of international labour standards.

Particular attention is given to the Convention’s broad personal scope. Self-employed platform workers are generally included throughout the instrument, while specific provisions permit protections to be adapted to different employment statuses without excluding workers outside an employment relationship. …

Labour Law, Technology, And The Attack On The Rules-Based-Order, Valerio De Stefano

Conference Papers

This paper argues that current debates on artificial intelligence and algorithmic management at work are also debates about private power, managerial prerogative, and democracy. It situates recent attacks by major technology companies and their political allies on the European Union and other rule-based international institutions within a broader struggle over who should regulate technology and govern society. It contends that the anti-democratic turn of parts of the tech world is closely connected to authoritarian ideas about work, hierarchy, and obedience. The workplace is one of the principal sites where authority is exercised, surveillance normalised, and habits of subordination formed, with …

Analytical Framework For Understanding Broader-Based And Sectoral Bargaining Models, Sara Slinn

Articles & Book Chapters

No abstract provided.

California: Garment Labels Liable For Wages, Alan Hyde

Dispatches

GARMENT WORKERS IN CALIFORNIA SINCE 2022 may collect their wages, not merely from the production facility that employs them, but alternatively from the garment labels and some retailers for whom the facility produces garments. Such joint and several liability is unique in the world. It has long been the goal of garment worker activists around the world, for garment work everywhere is both low-paid and easily mobile. Wage theft, that is, nonpayment or underpayment of wages, is also common in California (U.S. Department of Labour, 2023). How is the statute working out?

A Tripartite Experiment In Australia: Seeking To Improve Compliance Through Collaboration, Tess Hardy, Stephen Clibborn, Joel Cutcher-Gershenfeld

Dispatches

In this dispatch, we examine one of the most significant strategic experiments to emerge in the recent past: a tripartite initiative launched in late 2024 in which the FWO is seeking to actively collaborate with representatives of business and unions in new and more meaningful ways. While tripartism is well established in setting standards, it remains relatively novel in the context of compliance and enforcement.

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

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 …

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.

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 …

Third Tri-National Meeting On Labour Rights - Report Of Recommendations For Upcoming Review Of The Cusma (Usmca, T-Mec), Mark Rowlinson, Sara Slinn

Conference Papers

The CUSMA-USMCA-T-MEC (CUSMA) Labour Chapter and its Facility-Specific Rapid Response Mechanism (RRM) are key areas of focus in the ongoing review of CUSMA approaches. The third Tri-National Meeting on Labour Rights under CUSMA was held on December 9th and 10th, 2024, at Osgoode Hall Law School in Toronto. This hybrid meeting brought together knowledgeable academics, organizations, and individuals from the three CUSMA partner countries to evaluate the Labour Chapter, particularly the RRM, and to discuss reform recommendations. This report summarizes the challenges and proposed reforms presented and discussed during this third Tri-National Meeting, building on recommendations from the two previous …

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, …

Artificial Intelligence At Work International Conference - Website, Valerio De Stefano, Unifor

Osgoode Events

Join us for the Artificial Intelligence at Work International Conference which will unite academics, policymakers, trade union leaders, and employer representatives from Canada and around the globe to discuss the regulatory landscape and governance of AI in the workplace.

As the first conference of its kind in Canada addressing these crucial issues, it is intended to inform and shape public and regulatory debate on how AI is transforming work contexts. Attendees will explore the current state of AI implementation, its impacts on labour markets, and potential frameworks for effective oversight.

Through engaging keynote sessions and dynamic panel discussions featuring leading …

Société Des Casinos Du Québec Inc. V. Association Des Cadres De La Société Des Casinos Du Québec: The Supreme Court Of Canada Gambles On Liberal Voluntarism To Provide Meaningful Access To Collective Bargaining, Eric Tucker

All Papers

In April 2024, the Supreme Court of Canada (SCC) unanimously ruled that the exclusion of managerial employees from Quebec’s main statutory collective bargaining regime, combined with a failure to provide them with access to any other statutory labour rights, did not violate their constitutionally protected freedom of association. This decision raises many questions about the future of constitutional labour rights at the Supreme Court. In this brief comment I address what is arguably the biggest takeaway for workers such as the casino managers whose freedom of association is poorly or entirely unprotected by statutory rights: that despite the majority judgment’s …

Ai In Canadian Workplaces: Why Clear Policies Can’T Wait, Stacy Thomas

Editorials and Commentaries

No abstract provided.

Protecting Platform Workers In The European Union, Jeremias Adams-Prassl, Antonio Aloisi, Nicola Countouris, Valerio De Stefano, Silvia Rainone

Articles & Book Chapters

No abstract provided.

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 …

‘Not The Usual Gig’: The Personal Scope(S) Of Application Of Directive 2024/2831 On Improving Working Conditions In Platform Work, Nicola Countouris, Valerio De Stefano

Articles & Book Chapters

This article examines the complex and innovative personal scope of the EU Platform Work Directive 2024/2831, highlighting its dual framing around the concepts of ‘platform workers’ and the broader category of ‘persons performing platform work’. The authors explore how the Directive partially departs from traditional binary distinctions between employees and self-employed persons by introducing a more nuanced regulatory approach anchored in both labour law and data protection law. The article analyses the scope of key provisions of the Directive, showing how it confers many protections beyond the confines of the employment relationship. It critically evaluates the potential interpretive tensions between …

Ai At Work, Algorithmic Bosses, And The Ambivalence Of Automation, Antonio Aloisi, Valerio De Stefano

All Papers

This chapter revisits a foundational question (“what do bosses do?”) to explore how artificial intelligence (AI) is reshaping power dynamics in the workplace. Far from neutral tools of optimisation, algorithmic systems increasingly amplify managerial prerogatives, embedding them into automated processes that are difficult to scrutinise or contest. These developments give rise to a paradox: managers and workers are simultaneously augmented and disempowered, caught in systems that intensify control while eroding autonomy. Drawing on legal, organisational, and regulatory perspectives, we argue that existing safeguards, ranging from data protection rights to information and consultation, are ill-equipped to confront this shift. The chapter …

All Quiet On The Northern Front — The Eu Directive On Adequate Minimum Wages As Seen From Sweden, Andrea Iossa

Dispatches

ON 15 NOVEMBER 2024, the deadline for the implementation of the European Union (EU) Directive on Adequate Minimum Wages1 (hereinafter the Directive) passed. While most of the EU Member States have missed it (ETUC, 2024), a group of countries has instead opted for what the European Trade Union Institute senior researcher Torsten Müller defines as a “minimalistic” transposition (Staunton, 2024). Sweden is among them. The governmental inquiry issued in 2023 states that the Swedish system already meets the Directive’s requirements (Gunnarsson, 2023). No implementing measures are therefore needed — besides an extension of the tasks assigned to the National Mediation …

From Legal Grey Area To Legal Recognition: Recent Legislative Reforms Regarding Sex Work Under Employment Contracts In Belgium, Ninon Ramlot

Dispatches

ON 1ST DECEMBER 2024, the Law of 3 May 2024 portant des dispositions en matière du travail du sexe sous contrat de travail [laying down provisions on sex work under an employment contract] entered into force in Belgium.1 This piece of legislation establishes a strict legal framework for an employer to lawfully employ sex workers, without this being condemned under the criminal offence of procuring, as well as creating an employee status tailored to sex workers. This Act is another building block in the broader process undertaken over the last few years to resolve the legal inconsistency surrounding sex work …

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 …

Employee Claims In Insolvencies: Pension Priorities And The Pension Protection Act, Simon Archer, Sara Slinn

Articles & Book Chapters

No abstract provided.

Growing Awareness To Reduce Labor Abuse: An Experimental Test Of A Migrant Domestic Workers' Rights-Awareness Campaign, Margaret Boittin, Cecilia Hyunjung Mo, Biz Herman, Sarah Rich-Zendel, Soosun You

All Papers

Migrant domestic workers (MDWs) are highly vulnerable to labor abuse. Using a survey and randomized controlled trial conducted in Hong Kong, this study investigates MDWs’ labor experiences and the potential of rights-awareness campaigns in mitigating labor abuse. The campaigns increased public awareness of MDWs’ rights and reduced the social acceptability of MDWs’ mistreatment. To the extent that improving knowledge about MDWs’ rights and decreasing acceptance of mistreatment affects the behaviors of employers and others who may have leverage to help MDWs, rights-awareness campaigns can help reduce labor abuse. However, the campaigns had limited impact on MDWs themselves, who demonstrated high …

Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker

All Papers

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits, but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s …

“Lifting The Private-Law Veil”: Employer Authority And The “Contractual-Coating” Of Worker Subordination, Valerio De Stefano, Nicola Countouris

All Papers

Despite the notion of subordination in work relations and the subjection of workers to the managerial prerogatives of employers have received significant consideration and discourse since the outset of labour law, critical examinations of the underlying foundations of such subordination and subjection in contemporary democracies founded on the rule of law remain scarce. This article wants to prompt a novel reflection on these issues, starting with a historical analysis of their origins and a renewed understanding of their legal background. It opens by discussing some outstanding issues concerning work subordination that are not adequately captured by the classic theory of …

Somethings Old, Somethings New And A Lot That’S Blue: Political Economic Reflections On Worker Subordination And The Law In Contemporary Capitalism, Eric Tucker

All Papers

Debates over worker subordination are central to discussions of the efficacy of protective labour and employment law whose central mission in a capitalist political economy, after all, is to reduce but not eliminate subordination. When protective labour and employment law seems to be fulfilling its mission discussions of worker subordination seem to ebb, but the topic becomes more urgent as the efficacy of the law declines. Not surprisingly, as labour law’s efficacy has been declining over the past several decades, we are in the midst of a revival of debates over worker subordination, the premise of this special issue. While …

Labour, Labour Law And Capitalist Rent-Seeking: Rentier Capitalism And Labour In Historical Perspective, Eric Tucker

All Papers

The rise of rentier capitalism in advanced capitalist countries has detrimentally affected large numbers of worker and impaired the efficacy of protective labour and employment laws. However, capitalist rent-seeking is not unique to rentier capitalism, but rather has taken a variety of forms over time. This chapter begins by exploring the evolving meaning of rent and changing practices of capitalist rent-seeking. It then considers the ways in which workers responded to those practices in both rent-rich and rent-poor sectors of the economy, including through the enactment of labour and employment laws appropriate to, but only partially successful in addressing labour …

Care Work, Jennifer Nedelsky

Articles & Book Chapters

Care is routinely provided both as a commodity (paid care) and as unpaid care, usually by women. Virtually all care is treated as of low value, and care givers, paid and unpaid, are seen as low status. This devaluing of care and those who do it make care a major part of hierarchy and inequality. I argue that the solution is not more commodification (like wages for housework), but a norm of universal, unpaid care-giving. This would be made possible by a corresponding norm of limiting paid work to 30 hours a week. Part Time for All: A Care Manifesto …

Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives, Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters

Articles & Book Chapters

This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy.We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the …