Creative Labour Regulation Indeterminacy and Protection in an Uncertain World

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

• ISBN13: 9781137382207
• ISBN10: 1137382201
• Format: Hardcover
• Copyright: 2013-12-13
• Publisher: Palgrave Macmillan

Summary

Creative Labour Regulation is an interdisciplinary response to the central contemporary challenges to effective labour regulation. Drawing on contributions by leading experts from the Regulating for Decent Work Network, it offers new ideas for research and policy.

The book identifies three central challenges to contemporary labour regulation: intensifying labour market fragmentation; complex interactions between labour market institutions; and obstacles to effective enforcement. International in scope, the volume includes chapters on both advanced economies (Europe and the United States) and the developing world (Argentina, Cambodia, South Africa and Viet Nam).

Topics addressed include the regulation of precarious and informal work, the role of minimum wage regulation in industrialized and low-income countries, the promise and limitations of 'hybrid' public–private enforcement mechanisms – including in the International Labour Organization/International Finance Corporation's Better Work programme – and the involvement of labour inspectorates and civil society organizations in implementing labour standards.

Creative Labour Regulation acknowledges the complexity of ensuring labour protection in contemporary economies. It concludes, however, that innovation in devising more effective legal regulation is possible, in both the advanced industrialized world and in low-income countries.

Author Biography

Deirdre McCann is a Reader in Law at Durham University, UK. She holds a D Phil in Law from the University of Oxford, UK. Her publications include Regulating Flexible Work (2008). She is a coordinator of the Regulating for Decent Work Network.

Sangheon Lee is the Research and Policy Coordinator at the Conditions of Work and Equality Department of the International Labour Office. He specializes in analysing and monitoring changes in wages and working conditions with a view to developing improved policy responses.

Patrick Belser is Senior Economist with the Conditions of Work and Employment Branch of the International Labour Office in Geneva, Switzerland.
 
Colin Fenwick is a Senior Labour Law Specialist at the International Labour Office in Geneva, Switzerland.

John Howeis Director of the Centre for Employment and Labour Relations Law at the Melbourne Law School, Australia.

Malte Luebker is Senior Regional Wage Specialist for Asia at the ILO Regional Office for Asia and the Pacific in Bangkok, Thailand.

Table of Contents

Introduction
1. Regulatory Indeterminacy and Protection in Contemporary Labour Markets: Innovation and Research and Policy; Sangheon Lee and Deirdre McCann
PART I: REGULATING THE FRAGMENTED LABOUR MARKET: EMPIRICAL AND DOCTRINAL INSIGHTS
2. Fissured Employment: Implications for Achieving Decent Workplaces; David Weil
3. Regulating for Decent Work and the Legal Construction of Personal Work Relations; Mark Freedland
PART II: INSTITUTIONAL INTERACTIONS: THE CASE OF MINIMUM WAGE REGULATION
4. Employment, Inequality and Minimum Wages in Argentina; Fernando Groisman
5. The Pay Equity Effects of Minimum Wages and Pay Bargaining; Damian Grimshaw, Gerhard Bosch and Jill Rubery
PART III: NEW APPROACHES TO ENFORCEMENT INDETERMINACY
III.A: THEORETICAL AND EMPIRICAL INVESTIGATIONS
6. Models of Labour Enforcement: Necessary Indeterminacy; Steven L. Willborn
7. Regulations, Monitoring, and Working Conditions: Evidence from Better Factories Cambodia and Better Work Vietnam; Drussila Brown, Rajeev Dehejia and Raymond Robertson
III.B: INVESTIGATING THE HYBRID MODEL
8. Linkages and Labour Inspectors: Enforcement in the Garment Workshops of Buenos Aires; Matt Amengual
9. Exploring Civil Society Partnerships in Enforcing Decent Work in South Africa; Ada Ordor
10.Evaluating a Promising Model of Non-State Labor Regulation: The Case of Cambodia's Apparel Sector; Chika Oka