An instrument of wealth accumulation and racial segregation in housing markets, the intersections between zoning and labor are often overlooked. Extending theories of space, race, and class, and drawing on historical and archival evidence, I elaborate three ways that American land-use zoning emerged to shape labor markets in the early 20th century: (1) zoning constrained households from engaging in subsistence and direct market activity, acting as a regulatory source of labor commodification; (2) zoning first emerged as (...) a xenophobic tool for regulating labor competition; and (3) zoning introduced racialized boundaries distinguishing formal work from a sphere of economic informality. I illustrate these theoretical-historical propositions with a study of the frontier origins of American land-use zoning laws in late-19th -century Los Angeles. This first and influential approach to residential zoning emerged amid racial dynamics of western settlement and the class politics of a national “free” labor market. I demonstrate how efforts to regulate the settlement and labor practices of poor urban households and Chinese immigrants on in Los Angeles became the direct legal basis for the dichotomous categories of “residential” and “industrial” districts that the city first defended before the U.S. Supreme Court in 1915. By theorizing the intersections of land-use zoning and labor markets, this paper provides a theoretical framework and historical genealogy for future work to consider entanglements of housing and labor politics amid the concurrent flexibilization of work and land use in the present. (shrink)

Africa is undergoing considerable political, economic and labor market reforms. In this context, education and training stands literally at a crossroads. In the past, it has been oriented toward mass production emphasizing numbers and quantities rather than skills and quality. The primary clientele of the universities were the state organs, local governments, state-controlled cooperatives, commissions and mass organizations. The universities, though frequently in conflict with the state, were very much part of the predominant bureaucratic command economies. As part (...) of the command system the market had to go to them; they did not have to reach out to the market. The current economic crisis and its subsequent reforms have turned the wheel of fortune against the state and the universities. Financial and employment cuts cannot sustain the traditional levels and practices of employment in the public sector. As the roles of the state and the private sector change, the mission, orientation and future of the universities, university staff and their graduates cannot afford to remain what they used to be. This raises the question of the extent to which the university education system of any country in the region is ready for change? The present study undertakes to identify the mechanisms for reducing state regulation of the university curricula and increasing the acceptability, relevance, reliability and dynamism of university education to the market and nonmarket, thereby increasing the capability of university graduates to be more readily employable in various sectors and, where not directly employable, to be able to employ themselves in profitable and sustainable activities. (shrink)

Although the prison was originally conceived for the noble purpose of rehabilitating criminal offenders, critics from its very inception worried that the prison was an inherently criminogenic institution, reinforcing the criminal behaviors of its occupants. In this article I focus on an indirect mechanism, elaborating and empirically testing the impact of a prison record/experience on ex-inmates' labor market outcomes, by which ex-inmates will face significantly higher risks of recidivism and hence future prison spells, especially when they are released (...) into weaker labor markets. Specifically, I specify and test a version of the "secondary labor market hypothesis." Because most ex-inmates were mired in secondary jobs prior to their incarceration, I consider the impact of a prison record/experience on their chances of "moving up" to good jobs with higher pay, steadier hours, and greater mobility. In the conclusion I draw out the somber implications of my labor market analyses by examining trends in recidivism rates and their social costs. The evidence suggests that the War on Drugs policies have trapped an increasing number of more marginal drug offenders in the revolving door of recidivism, conventionally defined. It also highlights a new and quantitatively important recidivism risk for released prisoners, the revocation of parole on technical violations. To break out of this vicious cycle, my analysis shows, would demand vast direct government interventions in the labor market. As a more modest first step, I consider policy innovations like drug courts that place marginal drug offenders in treatment programs rather than prison. In illustrating and elaborating my arguments, I focus on the War on Drug policies and on marginal drug offenders. My reasons are several. First, the War on Drugs constituted a true social experiment, an exogenous shift in criminal justice policy that is best understood as a "moral" panic, precipitated in part by the tragic but transitory episode of lethal gun violence in the social regulation of the crack trade. Second, the War on Drugs policies were quantitatively important in instituting the regime of mass incarceration. And finally, these policies indiscriminately incarcerated marginal, not just more serious, offenders. (shrink)

We investigate the regulatory sanctions imposed on independent directors for their firms’ financial frauds in China. These regulatory sanctions are prima-facie evidence of significant lapses in business ethics. During the period 2003–2010, 302-person-time independent directors were penalized by the regulator, and the two stock exchanges. We find that the independent directors with accounting experiences are more likely to be penalized by the CSRC, though they do not suffer more severe penalties than do the other sanctioned independent directors. We also find (...) that independent directors suffer less severe penalties than do the insider directors. These results are consistent with the hypothesis that the sanctions on independent directors are tied to their assumed ethical and legal responsibilities. Following a regulatory sanction, penalized independent directors experience a significant decline in the number of other board seats held. However, they can gain board seats in better quality firms. We find that interlocked firms that share penalized independent directors with the fraud firm do not suffer from a valuation decline. Overall, our results suggest that regulatory sanctions have not triggered further sanctions on the penalized directors in the labor market but they have, instead, created a disincentive for these directors to serve on the company boards of high-risk firms. (shrink)

Public policy in post-apartheid South Africa has been characterized by a mix of state regulation and ‘neo-liberalism’. This article argues that this mix is rooted in the model of economic modernity adopted in South Africa in the 1920s and 1930s, and underpinned by the institutions of a modern state. In an economy transformed by mining and subsequent secondary industrialization, the state played a central role in facilitating capitalist growth, including through the regulation of labour. I argue that, contrary (...) to the conventional understanding, the enduring characteristic of the political economy of modernization in South Africa was not so much the mobilization of cheap African labour, mostly migrants from across Southern Africa, but was rather the institutionalization of high wages and protected incomes for economic, social and political insiders. Anglo-centric institutions and conceptions of industrial and social citizenship were adapted to the colonial context in South Africa. The imperatives of both gold-led capitalist industrialization and the governance of a society in which the settler or immigrant population remained a minority required that the African population was excluded from most dimensions of this citizenship. But the institutions, discourses and ideologies associated with high wages (for citizens) continued to structure economic life in South Africa through and after the apartheid period. South Africa’s mode of economic modernization thus reflects the possibly unique interaction of a British model of economic modernization with the social, economic and political realities of a colonial society. (shrink)

This article examines the transformation of the labor market under the influence of informatization of society. It is noted that in the conditions of globalization and informatization of the nowadays a post-industrial society has been formed, in which information is a determining factor of production. New opportunities and challenges of the labor market in the conditions of information society development are analyzed. The informatization of society changes the conditions, nature and forms of work. Extensive digitalization, the (...) use of cloud technologies and artificial intelligence systems are displacing traditional forms of employment towards teleworking, which makes workers more mobile and able to optimize working hours. It is established that the spread of technology increases the efficiency of the recruitment and searching job processes. Informatization of society contributes to the creation of a digital labor market, which forms the demand and supply of information and computer technology workers. In the context of informatization of society, the labor market is characterized by an imbalance between supply and demand of labor due to structural changes in the economy. Among the challenges of the labor market are rising unemployment in the raw materials industries, robotics and automation of routine manual labor. The digitalization of the economy leads to the need to adjust government regulation of business and provide social guarantees for employees. It is noted that the informatization of society provides more benefits to the labor market than obstacles. Solving the problems it raises, promotes progress and economic development. (shrink)

Liberal market states promote the responsible consumption of potentially dangerous commodities. But the work of enforcing sumptuary law is in fact delegated to service employees in the private sector. In this article such work is termed sumptuary labor. Although the ability of states to privatize sumptuary enforcement is a remarkable accomplishment, it is by no means a seamless one. Drawing on ethnographic fieldwork among bartenders and casino dealers, the article elaborates patterned conflicts of interest that arise during the (...) performance of sumptuary labor. Both firms and workers may fail to ensure eligibility for consumption, prevent overindulgence, or guarantee the purity of the problematic commodity. The article concludes by theorizing how liberal market states manage the potential decoupling of sumptuary policy and practice. (shrink)

The dominant understanding of political corporate social responsibility suggests new, broader political roles for businesses in the globalized economy, challenging the classical liberal social order. In this paper, we show how the major framing of the political CSR discussion not only challenges the classical liberal social order but also goes against the more general political economic perspective of the regulated market economy. We argue that this latter tendency of the political CSR discussion is its main weakness. We introduce a (...) Rawlsian reframing of political CSR that is in line with the idea of a global-regulated market economy and compatible with some of the basic global ethical aims of the political CSR movement. (shrink)

The article explores work organization in advanced electronics manufacturing in Philippine export processing zones. Previous approaches have painted both advanced manufacturing and “peripheral” production as generic, treating locations as substitutable. Case study analysis of three multinational electronics firms located in both public and privatized export zones demonstrates that the complex demands of high tech production have led to diverse forms of work organization and an extension of labor control outside the factory, making local conditions more, not less, important. The (...) article develops a broader, place-sensitive notion of production politics, focusing on the state’s reorganization of export processing zones, and firms’ localization strategies that leverage labor market inequalities to elicit worker consent. (shrink)

It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as exploitation and commodification of surrogates, reproductive capacities, (...) and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage, or Fair-Trade guidelines. An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad. (shrink)

The socio economic development of the region requires the mobilization and effective use of the necessary economic resources, in which labor resources occupy a leading position. The purpose of the study is to study the peculiarities of the formation of the labor resources of the region and the trends of their development in order to develop measures to improve the efficiency of their use. The article considers the characteristics of the labor resources of the Chechen Republic, calculates (...) labor productivity. The scientific novelty of the research lies in the substantiation of the conditions that ensure the effective use of the labor resources of the region. As a result, it is revealed that in order to increase the efficiency of the use of labor resources, it is necessary to conduct an objective assessment and analysis of the needs of the regional economy in labor; to involve the able-bodied population in economic activities through labor market regulation; to change approaches to the management of labor resources at the regional level. (shrink)

Despite sharing Catholic Social Teaching as their system of morals and both being confronted with marketisation pressures, working conditions at German and Belgian Catholic social service providers of elderly care differ. We argue that an interdisciplinary approach is needed to understand such differences, as interpretation of CST is mediated by local contexts. Working conditions result from interactions shaped by each country’s respective religious, legal and socio-economic contexts, providing players with different levels of discretion and power resources. In Belgium, working conditions (...) at Catholic elderly care providers tend to be better due to a strong Catholic trade union, encompassing labour market regulation and a universal legal system applying to all care providers. Moreover, there is strong interaction between these Catholic care providers and other Catholic institutions. By contrast, German CSSPs, operating as faith-based organisations with their own legal framework in a relatively liberalised and decentralised labour market, are able to use various flexibility practices which put pressure on working conditions. Using such practices is partially justified by the Catholic discourse on charity and altruism, stressing the particular nature of work in the Catholic care sector. Overall, the article demonstrates differences in the local application of CST. It also shows how transnational differences in working conditions at Catholic social service providers are the product of more than just local differences in the interpretation and application of CST principles, being shaped by interactions between a country’s specific religious, legal and socio-economic contexts. (shrink)

Despite continued social protest, something quite fundamental has changed in the regulation of class relations in France. This article explores two paradoxes of this transformation. First, a dense network of institutions of social dialogue and worker representation has become implanted in French firms at the same time as trade union strength has declined. Second, the transformation has involved a relaxation of centralized labor market regulation on the part of the state, yet the French state remains a (...) central actor in the reconstruction of the industrial relations system. Institutional reform of industrial relations could not take place without the active intervention of the state because employers and trade unions alone were unable to create durable industrial relations institutions. The collapse of trade unionism meant the need for new actors on the labor side and only the state could both create and confer legitimacy upon those new actors. (shrink)

Recent years have witnessed the rise of digital platforms that allow economic agents to arrange ever more fine-grained contracts. This article zooms in on labour-based platforms that permit the hire of labour in a just-in-time fashion (and are part of the broader trend towards on-demand work). Its principal contribution comes in three parts. First, exposing the frequently overlooked diversity of labour-based platforms, the article proposes to distinguish platform companies, which directly sell services and then purchase the labour needed to provide (...) them, and broker platforms, which act merely as intermediaries. Second, it examines how platforms of each type pose distinct threats to labour justice, thereby extending Daniel Halliday's (2021) analysis. Drawing on empirical studies of the experiences of platform workers, it identifies a power imbalance as the root cause of these threats across all platforms. Finally, the article assesses three strategies to counter these threats: introducing stricter regulation, turning platforms into worker-run co-ops, and improving outside job opportunities. In exploring how each strategy could be implemented for specific platforms, it makes the case for always discussing labour-based platforms with one eye to their specific structural features and the other eye to the broader labour market. (shrink)

Despite the growing global consensus regarding the need to ensure minimal labour standards such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear toward foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour (...) standards in a global labour market? This book address these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour. (shrink)

Faced with high levels of unemployment and discrimination in Poland, Polish women have made up a very large proportion of those leaving the former Communist states of central Europe, to work in EU member states. They have constituted a large undocumented migrant workforce in Europe, usually working as domestic workers and carers in the informal economy. Poland’s membership of the EU is starting to regulate Polish women’s work abroad and to increase their access to better paid and skilled work in (...) the formal labour market. New market-led immigration policies in Europe are still selective and restricted however. What Polish women really need from the EU is help in securing a new framework of gender equality and equal treatment in Poland that offers hope for an improvement in their rights at home. (shrink)

Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive (...) them out.On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets.If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be pointed (...) out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic (...) changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered. (shrink)

The literature presents a broad approach to Corporate Social Responsibility, which aggregates a diversity of issues, such as the environment, labor conditions, and human rights. We addressed the impact of increasing CSR demands during the internationalization of emerging market multinationals on one particular subject, animal welfare. This subject raises important ethical concerns, especially as we understand that animals are sentient beings. Through content analysis of annual reports, we tracked the evolution of AW-CSR activities throughout the internationalization of two (...) large Brazilian meat-processing multinationals as they accessed markets with complex AW regulations. We also synthetized findings on broiler chicken on-farm AW research in Brazil and conducted interviews to gauge the impact of CSR standards on animals. Our findings show that, although EMNs that enter developed markets engage with various standards, the impacts of standard enforcement on actual welfare are not straightforward and call for broader AW and animal ethics developments. Uneven results among AW criteria indicate that some aspects are prioritized over others. Furthermore, some actions of actors such as EMNs and low-tier suppliers seem to counterbalance the expected impact of normative pressures to change the lives of animals for the better. We conclude that AW standards may improve AW in emerging markets; but these standards do not appear to be sufficiently stringent, and require improvements to have a more significant positive impact. A major signal emerging from this research is the fundamental need to broaden the animal ethics debate regarding the use of animals to produce meat. (shrink)

We address the question of the effectiveness of affirmative action agreements concluded by a regulatory body with employers in order to achieve greater equality in employment. We analyse the pattern of affirmative action agreements concluded by the Fair Employment Commission with employers in Northern Ireland between 1990 and 2000. We examine the association between these agreements and changes occurring in the religio-political composition of these employer's workforces during that period, based on a statistical analysis of monitoring data collected by the (...) Commission from employers, compared with employers that did not enter into such agreements. We find that firms reaching agreements with the Commission demonstrated significant evidence of change over the decade. We conclude that such agreements were likely to have been an integral part of the processes driving change in the Northern Ireland labour market in the 1990s. (shrink)

This paper points to a lost and ignored strand of argument in the writings of liberalism's earliest defenders. These “classical” liberals recognized that market liberty was not always compatible with individual liberty. In particular, they argued that labor markets required intervention and regulation if workers were not to be wholly subjugated to the power of their employers. Functioning capitalist labor markets (along with functioning credit markets) are not “natural” outgrowths of exchange, but achievements hard won in (...) the battle against feudalism. Further, and crucially, the existence of such markets required closing off other market choices. Footnotesa I would like to thank the other contributors to this volume, and its editors, for their helpful comments on an earlier draft of this essay. (shrink)

Labor law was traditionally a domestic project, defined on the basis of a geographic territory or a synthetic community; its norms were determined by the state and applied to employers and workers who resided within the state. Commonly, labor law is administered on a territorial basis, applies to incoming workers, and stops at the borders in respect of other states' sovereignty when capital migrates. Globalization affects the background in which labor law operates, including the increased interdependence of (...) markets, the constitution of communities that transcend national borders, and the development of institutions outside and within the nation-state, which displace the locus of regulation from the traditional state level. De-territoriality claims that territory and sovereignty should be understated within the dominion of labor law in order to correct a deep structural imbalance in labor markets. This imbalance was not created by globalization, and as long as it appeared in a consistent yet bounded manner in each and every state, labor law's project was rendered possible by territorial arrangements. With the process of globalization, the territorial solutions previously created within labor law are no longer adequate. When territoriality is adhered to, migrating workers receive partial protection, while migrating capital can easily choose its most convenient forum as a means, inter alia, of undermining labor law's protection to workers. De-territorialization seeks to restore the original intent of labor law's project, which is to level off the distinct strategies that are available to labor and capital in a globalized labor market. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is (...) legitimated in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

The institutional guarantees of modern labour law, that provide the keystone of progressive liberalism, are often only reactionary to the entrenched concepts of socialist law. Adoption of institutions of “workers rights”, and employment protection based upon contract, inevitably nullify the ideological promise of the inalienable “right to work”. China, among the last bastions of theoretical Marxist socialism, and among the first socialist countries ready to accept that it has been in desperate need of reforming uneconomical state enterprises, seems willing to (...) sacrifice ideological purity for economic development. Yet, if economic turnaround requires enterprise rationalisation in a market economy, it is understandable that Chinese labour requires the same kinds of protection against unbridled capitalism as progressive labour movements elsewhere. Doubtless, for those who have enjoyed no such institutional guarantees in the past, official commitment to improvement of labour conditions is better than no acknowledgment of need for reform of social policy whatever. Yet, the real question for students of social change is “Are these legislated reforms effective policy guides for local administration and the courts?”“|Or are they merely regulations for licensing compliance – primarily for foreign invested enterprises?”. In brief, “... to what extent are the new ‘workers’ rights’ realistically attainable sources of judicial remedies for individual workers?”. (shrink)

This article is contextualized within the recent evolution of household employment in Spain. In the context of the strong demand for personal care services – due to rapid population ageing, mass incorporation of women into the labour market and insufficient collective provision of care services – the growth of domestic work is closely related to the overall social organization of care and specific migration policies that have eased, both implicitly and explicitly, the labour supply of foreign women into Spanish (...) households. In line with ongoing debates in the academic literature as well as in the political sphere, this article seeks to explain the extent to which domestic work can or should be considered as any other job in terms of social and employment rights and obligations. To that end, it evaluates changes in the regulation of household employment in Spain since the creation of the Special Regime for Household Employees in 1969 until the most recent 2011 reform. Following the recommendations of the ILO Convention for Domestic Workers, this latest reform puts domestic workers on equal footing with other dependent employees. It thus implies a sea change in relation to the discriminatory treatment embedded in previous legal frameworks. The main hindrance to the effective transposition of the norm however remains the strong presence of the informal economy and a dubious political commitment to ensure its application. (shrink)

To what extent, if at all, should a just society adopt public policies that regulate and limit the amount of time people work? Attempts to answer this question face a dilemma: Either, we can adopt a laissez-faire view, according to which governments must refrain from imposing working time policies on the labour market. But this view generates a situation in which many citizens experience deep regret about the balance between work and leisure in their lives. Or, we can endorse (...) an interventionist view that advocates government imposition of working time policies. However, such a view appears to be objectionably perfectionist insofar as it imposes on citizens a particular conception of the ideal balance between work and leisure. This article proposes a way out of this dilemma. It shows that the interventionist view can be defended on the anti-perfectionist grounds that this helps address a collective action problem in the labour market – the working time rat race. Employers often use working time as a proxy for their employees’ productivity and commitment. Those who work particularly long hours are often awarded benefits such as raises or promotions or are spared from dismissals. This makes it individually rational for each worker to work extra hours in an attempt to outcompete colleagues. However, if many workers pursue this strategy, it loses its effectiveness. Workers with preferences for more leisure have a claim to state intervention to remove the rat race when this doesn’t impose disproportionate harm on third parties. (shrink)

This paper examines cross-national differences in the development of sectoral collective bargaining in the European telecommunications industry following comparable changes in market regulations. The authors seek to explain why centralized, coordinated bargaining institutions were established in Austria and Sweden, both within incumbent telecommunications firms and at the sector level, while Germany and Denmark experienced decentralization and disorganization of bargaining at both levels. The authors argue that these outcomes resulted from differences in institutional loopholes employers were able to exploit to (...) avoid centralized bargaining and past union structures that influenced patterns of interunion cooperation. These two explanatory factors were interrelated: the presence or absence of institutional loopholes affected the basis for cooperation between unions, while labor cooperation was an important power resource unions could draw on to close emerging loopholes. Findings demonstrate the importance of sector-level political dynamics for the construction or erosion of solidaristic bargaining structures under pressure from market liberalization. (shrink)

Although Karl Polanyi is best known for his theorization of market regulation and the double movement, democratizing the economic was one of his core concerns. He believed societies need to bring labor, land, and money under collective oversight to displace the logic of market fundamentalism with the logic of human needs. In this article, the author draws on Polanyi’s vocabulary to shed light on the denial of money politics and the possibility of democratization. The author illustrates (...) these dynamics through an analysis of long-term dynamics of (de)politicization in British colonial America and the United States through the 1930s. The author developed this approach hoping that it can contribute to nudging public debates beyond regulation and monetary policy techniques and toward popular involvement and knowledge. (shrink)

The institutional guarantees of modern labour law, that provide the keystone of progressive liberalism, are often only reactionary to the entrenched concepts of socialist law. Adoption of institutions of “workers rights”, and employment protection based upon contract, inevitably nullify the ideological promise of the inalienable “right to work”. China, among the last bastions of theoretical Marxist socialism, and among the first socialist countries ready to accept that it has been in desperate need of reforming uneconomical state enterprises, seems willing to (...) sacrifice ideological purity for economic development. Yet, if economic turnaround requires enterprise rationalisation in a market economy, it is understandable that Chinese labour requires the same kinds of protection against unbridled capitalism as progressive labour movements elsewhere. Doubtless, for those who have enjoyed no such institutional guarantees in the past, official commitment to improvement of labour conditions is better than no acknowledgment of need for reform of social policy whatever. Yet, the real question for students of social change is “Are these legislated reforms effective policy guides for local administration and the courts?”“|Or are they merely regulations for licensing compliance – primarily for foreign invested enterprises?”. In brief, “... to what extent are the new ‘workers’ rights’ realistically attainable sources of judicial remedies for individual workers?”. (shrink)

My dissertation comprises three inter-related chapters, all of which explore the nature of work law and critically analyze the prevailing emphasis on matters of contract. The Escape Plans of Mill and Jefferson: I discuss these thinkers’ unsuccessful “escape plans” to minimize wage work. Mill advocated cooperative, worker-owned firms, while Jefferson favored farming the vast American frontier. I explore whether, if realized, either proposal would have satisfied the demands of justice. I argue that such proposals are normatively deficient because they lead (...) us mistakenly to assume that so long as the law provides alternatives to wage labor, it can justly leave work relationships in an unregulated, Dickensian state. In reply, I contend that we have no just alternative to engaging in the messy and difficult task of regulating the workplace. Revising the Roles of Master and Servant: I critically examine the claim that work law is best understood as part of contract law, arguing that this view is neither descriptively nor normatively instructive. Rather than understanding work law as a set of restraints on freedom of contract, we should see it as creating and defining special relationships, much like the codified definitions of marriages and corporations. I trace the development of work relationships through the common law of “master and servant” and more recent statutory modifications. I argue that the history and present form of work law are not consistent with the contract-centered view of work law as “interfering” with an otherwise free labor market. Competing Ideologies and the End of the Lochner Era: I examine Howard Gillman’s critique of the view that early-20th Century Supreme Court Justices sought to advance policy preferences rather than interpret the law. Gillman reconstructs the legal basis for their decisions, thus undermining the claim that they merely pursued laissez faire policies. However, Gillman then claims that the Justices who overruled liberty-of-contract in West Coast Hotel had no principled basis for their decisions. In response, I argue that West Coast Hotel was not only based on a plausible interpretation of constitutional law, but also the best outcome with respect to justice. (shrink)

Feminist writings often argue that the welfare state, like the society that underpins it, is patriarchical, and that a major overhaul of policy is necessary in the quest for gender equality. This is possibly a valid claim, if not for all welfare states, then at least for some. The very same objective would, nevertheless, appear additionally persuasive if women-friendly policy can be shown to improve not only the welfare of women, but of all. In this article I shall attempt to (...) demonstrate that the feminist case need not be based on the narrower cause of women's emancipation because improving women's welfare will, simultaneously, improve upon societal welfare. Or, to put it differently, gender equality is potentially a substantial Pareto improvement in so far as women are emerging as the axial principle of any positive welfare equilibrium for post-industrial society. The post-war welfare equilibrium was built around the male breadwinner's earnings and job security, coupled to the family's internalization of caring needs. The “standard production worker” cum male breadwinner became the normative guideline for institution-building. Be it the full employment commitment, collective bargaining, labour market regulation, or social protection, all were primarily designed to safeguard his job, earnings capacity, and social entitlements. His security was assumed to deliver universal security. The male breadwinner constituted the nexus between economy and family, between production and consumption. As research has shown, women's economic dependence on men was near absolute in the post-war decades. This dependency was doubly reinforced because few married women worked and if they did, their wages were typically low. (shrink)

Firms may find competitive adjustment difficult because they are hamstrung by rigid labor market rules. However, such difficulties may also be caused by conflicts between strategic choices in the management of human capital and the opportunities and limitations created by a given regulatory framework. This latter possibility has been almost totally ignored in the debate regarding the urgency and content of labor market reforms in countries whose labor market institutions have been labeled as “rigid” (...) by international experts. This article uses the results of qualitative interviews with Spanish employers to suggest that strategic choices may be far more important in determining the consequences of labor market institutions than is generally recognized. I show that these choices are often the result of beliefs about how labor market institutions should work. These findings suggest that supposedly “neutral” calls for greater efficiency in labor market institutions are really arguments about the relative appropriateness of different expectations regarding how firms should pursue adjustment, expectations that are directly related both to the relative balance of power between employers and workers and to the structure of their relationship. In other words, the phrase “politics of labor market reform” should be understood to refer not only to the political consequences of reforms but also to the inherently political nature of the reforms themselves. (shrink)

Is the minimum wage ethically justifiable? In this chapter, we attempt to answer this question from an order-ethical perspective. To this end, we develop two simple game theoretical models for different types of labour markets and derive policy implications from an order-ethical viewpoint. Our investigation yields a twofold conclusion. Firstly, order ethicists should prefer a tax-funded wage subsidy over minimum wages, if they assume that labour markets are perfectly competitive. Secondly, order ethics suggests that the minimum wage can be ethically (...) justified if employers have monopsony power in the wage setting process. As it turns out, then, order ethics neither favours nor disfavours the minimum wage. Rather, it implies conditions under which this form of labour market regulation is justified and, hence, allows empirical science to play a great role in answering the ethical questions that arise in the context of the minimum wage debate. This illustrates one of order ethics’ strengths, viz. the fact that it tends to de-ideologize the debate about ethical issues. (shrink)

The article studies modern problem of shadow employment in the context of structural transformations of the labour market. In the course of the study, the main manifestations, causes were established and the consequences of the spread of shadow employment at the state level, at the enterprise and individual level. It is established that the shadow employment in Ukraine in recent years is rapidly spreading, covering a significant number of jobs in enterprises and organizations of the formal and informal sector (...) of the economy. The state and dynamics of the spread of shadow employment in Ukraine are analyzed. It is proved that the informal sector of the economy essentially forms the capacity of the sphere of employment of rural residents. In cities, the situation is opposite - the conjuncture of the labor market and vacant workplaces can provide employment mainly in the official sector of the economy. Of course, it is the availability of jobs and acceptable working conditions that determine the main proportions of the distribution of workers between these spheres. In this context, it is important to emphasize that other factors often work, in particular, motivational ones - low level of wages, unreasonable inter-qualification ratio form active attitudes toward employment outside the formal sector of the economy with a high level of payment. The relationship between structural transformations in the labour market and shadow employment is revealed. The main directions of reducing the scale of shadow employment are proposed. Implementation of the proposed areas reduce shadow employment will ensure the improvement of the legal framework for the regulation of labour relations, rapid response to changes in demand and the formation of an effective system of forecasting national economic need for workers in view of changes in the structure of employment, contribute to the formation of a qualitatively new level of development of the national economy, securing additional competitive advantage to employers. (shrink)

‘Isn’t it clear that a man must have the right to warn the majority, to argue with the majority, to fight with the majority if he believes he holds the truth? Before many can know something, one must know it!’ The words are Dr Stockman’s of An Enemy of the People1 and in a competitive market building upon a Smithian self-interest there might seem to be no room for people like him. Whatever the personal attitudes of the owners, managers (...) and employees, they would feel forced to behave in business like all of their competitors. Such is the logic of the basic driving forces in Western societies. It is a logic that necessitates lean and mean production, the substitution of labour with capital, relocation of production to places with low labour costs — also known as social dumping — or to places with less stringent environmental demands and/or less costly safety regulations. The traditional way to prevent this happening has been to use state intervention and regulation to curb the worst cases. But today many of the traditional harnesses on an unbridled market economy have been removed, such as controls on capital movements, trade across borders or regulation of sectors like transport, telecommunication, energy, utilities and so on. With this in mind we may ask whether there exists an alternative to state intervention that would contain or change the direction of the logic from within the logic itself. In other words, is it possible for a single or a few entrepreneurs to change the logic in such a way that external regulation is avoided or reduced, while finding answers to the problems and concerns caused by that logic? Of course there is a risk that these answers may consist of just a kind of exploitative riding of the waves of concerns and offering strange, Potemkin-like answers to for instance the clamour for environmental responsibility. Responsible entrepreneurship is something else, though. It consists in understanding genuine concerns and using one’s special knowledge in a certain field, to experiment and develop constantly improving answers to these concerns, giving a concrete form to emerging values, and raising the expectations of all those having these concerns. (shrink)

The United States Government does not mandate that US based firms follow US social and environmental law in foreign markets. However, because many developing countries do not have strong human rights, labor, and environmental laws, many multinationals have adopted voluntary corporate responsibility initiatives to self-regulate their overseas social and environmental practices. This article argues that voluntary actions, while important, are insufficient to address the magnitude of problems companies confront as they operate in developing countries where governance is often inadequate. (...) The United States can do more to ensure that its multinationals act responsibly everywhere they operate. First, policymakers should define the social and environmental responsibilities of global companies. They must consistently make their expectations for global business clear – and underscore that this objective can often be accomplished without mandates. Second, the US should closely examine the policies that undermine global Corporate Social Responsibility (CSR) and address the many conflicting signals sent by policymakers. Third, the President should make the US government a CSR model by examining how to use its purchasing power to promote human rights. Finally, the US government should require pension funds to report on the social and environmental consequences of their investments. In these ways, Americans can mind our business – and thus make sure that US based firms do not undermine social and environmental progress when they operate in the developing world. (shrink)

Inevitably, digitization and the increasing use of intelligent programs and machines have fundamentally changed the world of work. Moreover, it is to be expected that trends will continue in the near future and that other far-reaching changes will occur. Work is such an essential part in the lives of most members of society. It is not only the primary source of income but also crucial for one’s self-fulfillment, identification, and the achievement of social recognition. Therefore, from a societal, legal, and (...) political perspective, there is a need to understand the imminent changes, to critically reflect on them, and to draft alternative proposals to shape the future in order to provide normative guidance. (shrink)

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ‘third world’ female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. (...) Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets. (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards of directors (...) and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)

The republican case for workplace democracy is presented and defended from two alternative means of ensuring freedom from arbitrary interference in the firm—namely, the right to freely exit the firm and workplace regulation. This paper shows, respectively, that costless exit is neither possible nor desirable in either perfect or imperfect labor markets, and that managerial discretion is both desirable and inevitable due to the incompleteness of employment contracts and labor legislation. The paper then shows that WD is (...) necessary, from a republican standpoint, if workers’ interests are to be adequately tracked in the exercise of managerial authority. Three important objections are finally addressed— that WD is redundant, that it is unnecessary provided that litigation and unionism can produce similar outcomes, and that it falls short of ensuring republican freedom compared to self-employment. (shrink)

The purpose of this chapter is to analyse approaches to the sharing economy from the perspective of public policy science. In the first part of the text, attention is paid to perceiving the development of the emerging sharing economy not only as phenomenon with positive economic effects but also as a set of public problems (e.g., on the labour market and for existing economic structures) that require intervention at the level of national governments as well as at international level. (...) Subsequent sections identify possible actions for regulating the development of the sharing economy. The role of soft law, stakeholders’ networks, self-regulation and standardisation are discussed in the chapter. The summary includes potential directions for further research. (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by (...) admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by (...) admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by (...) admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

Introduction. In conservative political philoso- phy in Germany at the end of the 20th century, there developed two main approaches to social policy. The first one, paternalistic and corporat- ist approach continued the line that had been established in the 19th century and assumed the active participation of the state in regulating social support. The second, the market one, adopted American ideas of the second half of the 20th cen- tury and proposed limiting the scope of the welfare state (...) in order to save resources and avoid a nega- tive impact on the labor market. The purpose of the study is to analyze the argu- ments of the two directions of German conserva- tism at the end of the 20th century, their philo- sophical origin and their significance for politics. Methods. The article is based on the comparative historical approach, analysis of institutions and legal documents, and the hermeneutic method for studying the political, administrative and ideological context of the development of German conserva- tism at the end of the 20th century. Scientific novelty of the research. The article focuses on the intellectual heritage of German theorists, while the main attention of domestic and foreign researchers of conservative political philosophy of the late 20th century was attracted by American and British authors. Results. The key arguments of the paternalistic approach to social issues include pointing out the responsibility of elites for the well-being of the population and a strong state as a means of com- pensating for inequality in society. The arguments of the market approach are based on the appeal to the ideas of civic virtue and the protection of property as key forces that ensure social peace and well-being. Conclusions. In practice, the approach that offered the preservation and expansion of the welfare state prevailed, and favorable economic condi- tions, as well as institutional and ideological inertia, contributed to implementing solutions within the framework of this paradigm. But the ideas of the market approach have not lost their relevance, since the burden on the welfare state increases due to the aging of the population. (shrink)

Minimum wages are usually assumed to be inefficient as they prevent the full exploitation of mutual gains from trade. Yet advocates of wage regulation policies have repeatedly claimed that this loss in market efficiency can be justified by the pursuit of ethical goals. Policy makers, it is argued, should not focus on efficiency alone. Rather, they should try to find an adequate balance between efficiency and equity targets. This idea is based on a two-worlds-paradigm that sees ethics and (...) economics as two inherently conflicting ways of thinking. We, however, believe that this view of the relationship between ethics and economics is fundamentally flawed and blurs our understanding of how an ethically responsible regulation of the labour market should be conducted. In drawing on an economic-ethical approach that resolves the antinomy between efficiency and equity, we show that ethics and economics are, in fact, two sides of the same coin and that minimum wage legislation can only be ethically responsible, if it is at the same time economically efficient. In other words, we can have our cake and eat it too. On the basis of our approach, we develop two simple game theoretical models for different types of labour markets and derive policy implications from an economic-ethical viewpoint. We suggest that under the assumption of perfectly competitive labour markets a tax-funded wage subsidy is preferable over minimum wages, as it makes everyone better off. If, however, employers have monopsony power in the wage setting process, the minimum wage is justifiable under certain conditions. (shrink)

We present a reference model for finding evidence of discrimination in datasets of historical decision records in socially sensitive tasks, including access to credit, mortgage, insurance, labor market and other benefits. We formalize the process of direct and indirect discrimination discovery in a rule-based framework, by modelling protected-by-law groups, such as minorities or disadvantaged segments, and contexts where discrimination occurs. Classification rules, extracted from the historical records, allow for unveiling contexts of unlawful discrimination, where the degree of burden (...) over protected-by-law groups is evaluated by formalizing existing norms and regulations in terms of quantitative measures. The measures are defined as functions of the contingency table of a classification rule, and their statistical significance is assessed, relying on a large body of statistical inference methods for proportions. Key legal concepts and reasonings are then used to drive the analysis on the set of classification rules, with the aim of discovering patterns of discrimination, either direct or indirect. Analyses of affirmative action, favoritism and argumentation against discrimination allegations are also modelled in the proposed framework. Finally, we present an implementation, called LP2DD, of the overall reference model that integrates induction, through data mining classification rule extraction, and deduction, through a computational logic implementation of the analytical tools. The LP2DD system is put at work on the analysis of a dataset of credit decision records. (shrink)

This article gives a survey of the position of migrant workers in the Belgian labor market and social security system. Total employment of migrants has increased from 114,000 in 1954 to 224,900 in 1970.In contrast to overall employment in the Belgian economy, it went on climbing till 1978, up to a 245,900 level. Beyond this year, forecasts point at a slight decrease. Since WWII, the gravity point of the sectoral division of migrant workers has shifted from minig and (...) industry, to industry and tertiary activities. The share of industry in the employment of migrants bas remained relatively stable, in contrast to the tertiary sector, that witnessed a considerable expansion. However, the latter has not contributed substantially to the quality level of the average guest worker's job.On the whole, there is a strong correspondence between the unstable position of migrants in the labor market and their demographic characteristics on one side, their participation in the social security system on the other side. Their young family structure is reflected in a high share in family allowances and a limited appeal to pension funds. Statistical analysis at the aggregate level does not point at discriminatory practices vis-à-vis migrants and their families in social security ; but at thedisaggregate level and through the inspection of laws, regulations and international conventions, it appears that non-EEC nationals, with an unstable professional career, do not have the same rights as Belgians or EEC-citizens having a confortable position in the labor market and the social security system. In order to guarantee the rights of the farmer, the author suggests to establish a citizenship entitling to full social security rights after five years of regular residence in Belgium. (shrink)

Employing a unique dataset of Chinese non-listed firms, this paper investigates the effects of the presence of 19 governance structures on 20 employees’ interest indicators. In general, we find that firms with the governance structures pay workers higher hourly wages, require less monthly working hours, and have a smaller chance of wage arrears. Meanwhile, the shares of total wage and welfare expenditures in total sales revenue are lower in these firms, which results in higher profitability. Moreover, firms with the governance (...) structures invest significantly more into training and provide employees with better fringe benefits. Considering the low labor protection standard and the weak external regulations of China’s labor market, we explain the positive findings thusly: corporate governance structures induce managers to adjust wage payments to the “efficiency wage” level, which is the best balance point for the interests of both shareholders and employees and, therefore, for maintaining the stakeholder relationships. We also find the governance structures that give blockholders superpower are negatively associated with employees interests. These results highlight the importance of giving enough discretion to managers in order to successfully find the common ground for creating mutual values for shareholders and employees. (shrink)