scholarly journals The evolving nature of labour inspection, enforcement of employment rights and the regulatory reach of the state in Britain

2020 ◽  
Vol 62 (5) ◽  
pp. 735-757
Author(s):  
Stephen Mustchin ◽  
Miguel Martínez Lucio
Keyword(s):  
Labour Market ◽  
Trade Unions ◽  
Health And Safety ◽  
The State ◽  
State Agencies ◽  
Market Regulation ◽  
Role Of The State ◽  
Labour Market Regulation ◽  
Enforcement Mechanisms ◽  
Employment Rights

The role of the state in directly regulating employment through enforcement mechanisms is increasingly significant and politically contentious in a context of weakened unions and the increasingly fragmented and precarious nature of the labour market. This article focuses on qualitative research on labour market regulatory actors in Britain, including the Health and Safety Executive, the Gangmasters and Labour Abuse Authority, as well as referencing relevant changes in HM Revenue and Customs, trade unions, legal and advice services and other state agencies. The article argues that a curious dynamic is emerging in labour market regulation involving simultaneous processes of deregulation, greater levels of direct intervention in some areas alongside marketisation, and innovative forms of collaboration between relevant state agencies. Much of this is, however, driven by constraints imposed through economic austerity and neoliberal policies with an increasing focus on immigration and policing concerns, creating notable sets of organisational tensions within and between the agencies and the work of their relevant inspectors.

The Preventive Role of the Criminal Law in Employment Relations

2020 ◽  
pp. 231-248
Author(s):  
Jennifer Collins ◽  
Andrew Ashworth
Keyword(s):  
Labour Market ◽  
Criminal Law ◽  
Trade Unions ◽  
Social Life ◽  
Access To Justice ◽  
Market Regulation ◽  
Labour Law ◽  
Labour Standards ◽  
Political Choices ◽  
Enforcement Mechanisms

This chapter assesses the range of preventive interventions in labour market regulation. In relation to preventive orders in labour market enforcement, the chapter queries whether there are good reasons to resort to criminal law in situations where civil enforcement mechanisms might be improved. This also raises uncomfortable questions of a government that has presided over onerous tribunal fees impeding access to justice, and the pursuit of deregulation of labour standards and restriction of trade unions. The chapter considers whether the enforcement crisis is being produced by ‘bad’ employers or by the political choices of our elected representatives. The most effective form of prevention would be worker-protective labour law, supported by access to justice and strong trade unions. Preventive criminal law is a response to an avoidable crisis that has been brought about by specific political choices. Nevertheless, the penetration of these preventive orders into labour law fits with the more general expansion of preventive criminal measures in different spheres of social life.

Using Criminal Law to Enforce Statutory Employment Rights

2020 ◽  
pp. 53-69
Author(s):  
David Cabrelli
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Market Regulation ◽  
Legal Enforcement ◽  
Labour Market Regulation ◽  
Labour Standards ◽  
The Individual ◽  
The Right ◽  
Employment Rights

This chapter examines the current terrain of criminal law as a technique of labour market regulation. It identifies a range of possible interactions between the criminal law and civil law in the legal enforcement of labour standards. Sometimes fundamental labour rights, such as the right not to be unfairly dismissed or the right not to be discriminated against, are protected exclusively through a ‘private’ enforcement model at the initiative of the individual right-holder. Sometimes there will be exclusive enforcement through the criminal law with no private right of civil action, as under the Health and Safety at Work Act 1974. Finally, there may be mixed enforcement regimes where there is a combination of criminal and civil measures linked to specific statutory rights, as with the enforcement of the National Minimum Wage Act 1998.

scholarly journals ARCHITECTONICS OF THE CONCEPT OF THE NATIONAL LABOUR MARKET REGULATION

Management ◽  
2018 ◽  
Vol 27 (1) ◽  
pp. 79-90
Author(s):  
Iryna A. GNATENKO ◽  
Viktoriia O. RUBEZHANSKA
Keyword(s):  
Labour Market ◽  
Research Problem ◽  
State Regulation ◽  
The State ◽  
Market Regulation ◽  
Labour Market Regulation ◽  
Market State ◽  
Competency Based ◽  
Definition Of ◽  
National Labour Market

Introduction: In the current circumstances, an efficient labour market is the main condition for increasing the country's competitiveness and ensuring the sustainable regional development of its territories. At the same time, owing to some unfavourable external environment and negative tendencies, the development of the domestic labour market remains unsatisfactory, and in some areas is even disastrous. In such conditions, it is necessary to formulate a concept of regulation aiming to overcome the crisis phenomena which hinder the development of the national labour market.Hypothesis of scientific research. Effective formation of the concept of the national labour market regulation in Ukraine has to implement the targeted and competency-based approaches.The aim of this study is to define the architectonics of the concept of the national labour market regulation.Research methods: theoretical analysis – to determine the state of disclosure of the research problem in the economical scientific literature, the study of normative and legal documents in the field of state regulation; comparison, classification, generalization – to define joint characteristics of objects on the basis of processing and interpretation of theoretical sources on the problem of regulation of the labor market.Results: This article presents the definition of "concept" and the purpose of its formation. It reveals the essence of the targeted and competency-based approaches to the formation of the concept of the national labour market state regulation.Conclusions: The harmonious combination of targeted and competency-based approaches is the key to effective developing of the concept of the national labour market state regulation. Within the framework of the targeted approach, it is expedient to use the principle of goal-setting, the implementation of which is the primary stage of the formulation of the main objective of the labour market regulation. Furthermore, effective implementation of the competence of a civil servant and the competencies of the state institutions provides a basis for the competency-based approach.

Unions and Migrant Workers

2018 ◽  
Author(s):  
Sonila Danaj ◽  
Erka Çaro ◽  
Laura Mankki ◽  
Markku Sippola ◽  
Nathan Lillie
Keyword(s):  
Labour Market ◽  
Trade Union ◽  
Migrant Workers ◽  
Trade Unions ◽  
Market Regulation ◽  
Host Countries ◽  
Informal Work ◽  
Work Relations ◽  
Labour Market Regulation ◽  
The Relationship

This chapter examines the relationship between migrant workers and trade unions in different host countries. Based on a series of biographic interviews with Estonian migrant workers in Finland and Albanian workers in Italy and Greece, it makes the case that when migrants join unions, it is usually a result of an individual movement out of precarious and sometimes informal work into secure, formal work relations. The availability of such secure jobs for migrants is a result of inclusive national institutions of labour market regulation, and a strong trade union workplace presence. Although in all three countries the migrants were quite passive and instrumentalist in their relations to unions, they nonetheless generally joined when working in unionized contexts, as a way of conforming to workplace norms.

scholarly journals The fourth industrial revolution and labour market regulation in Singapore

2020 ◽  
Vol 31 (3) ◽  
pp. 347-363
Author(s):  
Peter Waring ◽  
Azad Bali ◽  
Chris Vas
Keyword(s):  
Artificial Intelligence ◽  
Labour Market ◽  
Industrial Revolution ◽  
Autonomous Systems ◽  
Market Regulation ◽  
Jel Codes ◽  
Fourth Industrial Revolution ◽  
Labour Market Regulation ◽  
Social Safety Nets ◽  
Large Survey

The race to develop and implement autonomous systems and artificial intelligence has challenged the responsiveness of governments in many areas and none more so than in the domain of labour market policy. This article draws upon a large survey of Singaporean employees and managers (N = 332) conducted in 2019 to examine the extent and ways in which artificial intelligence and autonomous technologies have begun impacting workplaces in Singapore. Our conclusions reiterate the need for government intervention to facilitate broad-based participation in the productivity benefits of fourth industrial revolution technologies while also offering re-designed social safety nets and employment protections. JEL Codes: J88, K31, O38, M53

Economic Globalisation and Convergence in Labour Market Regulation: An Empirical Assessment

2011 ◽  
Author(s):  
Peter G. Gahan ◽  
Richard James Mitchell ◽  
Sean Cooney ◽  
Andrew Stewart ◽  
Brian Cooper
Keyword(s):  
Labour Market ◽  
Market Regulation ◽  
Empirical Assessment ◽  
Labour Market Regulation ◽  
Economic Globalisation
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