scholarly journals Labour Constitutions and Market Logics

2017 ◽  
Vol 27 (4) ◽  
pp. 512-528 ◽  
Author(s):  
Robert Knegt
Keyword(s):  
Historical Perspective ◽  
Labour Markets ◽  
Labour Law ◽  
Labour Relations ◽  
Economic Perspectives

The article evaluates labour law’s strategies of coping with the pressure put on its project of realizing justice by a hegemony of economic perspectives on labour markets. Its consequences for a methodology of labour law are set out by critically engaging with recent proposals made by Simon Deakin and Ruth Dukes. It is argued that a socio-historical perspective on the role of legal models in actually shaping labour relations can enrich the concept of a ‘labour constitution’.

Labour is the essence of coexistence, and the labour law is the oldest legislation

10.12737/509 ◽  
2013 ◽  
Vol 1 (3) ◽  
pp. 164-174 ◽  
Author(s):  
Виктор Кривой ◽  
Victor Krivoy
Keyword(s):  
Old Testament ◽  
Human Values ◽  
Labour Law ◽  
World Religion ◽  
Social Phenomena ◽  
Labour Relations ◽  
The New Testament ◽  
Working People ◽  
Lev Tolstoy

The article explores the origins of labour and a man on the base of the Old Testament, references to work in the New Testament, and the role of the working people in the transformation of Christianity into a world religion. The autor makes conclusions about the origin of the pre-state labour law, its historical superiority over other branches of law, arising of all contemporary social phenomena (morality, art, family, society, law, state, science, etc.) out of labour relations. Especially stressed the role of Lev Tolstoy in the disclosure of Christian and human values of labour and picking up its status in society.

The Persistence of Criminal Law and Police in Collective Labour Relations

2020 ◽  
pp. 362-388
Author(s):  
Alan Bogg ◽  
KD Ewing ◽  
Andrew Moretta
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Labour Law ◽  
Labour Relations ◽  
Trade Unionist ◽  
State Surveillance ◽  
And Control ◽  
General Strike ◽  
Historical Periods

This chapter examines the role of criminal law and police power in regulating and restricting collective labour activities. In so doing, it challenges the dominant view that the historical development of collective labour law involved the progressive withdrawal of criminal law from trade union affairs. The chapter draws upon sociologically and historically based accounts of criminal law to examine the development of collective labour relations across different historical periods. It argues that a wider framing of criminal law interventions, to include discretionary ‘police’ measures, reveals a much more persistent presence for criminal law as a mode of repression and control. This has been most pronounced during periods of ‘emergency’, such as the general strike, wartime, and the miners’ strike during the mid-1980s. More recently, the chapter suggests that there has been a ‘normalization’ of emergency, with the radical trade unionist emerging as a new dangerous status that is the object of covert state surveillance and disciplinary control.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

scholarly journals Captive Audience Meetings and Forced Listening

2008 ◽  
Vol 63 (4) ◽  
pp. 694-718 ◽  
Author(s):  
Sara Slinn
Keyword(s):  
Lessons Learned ◽  
Free Expression ◽  
Union Organizing ◽  
Labour Law ◽  
Marketplace Of Ideas ◽  
Labour Relations ◽  
American Experience ◽  
Definition Of ◽  
The U.S

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice; the “marketplace of ideas” view of expression dominating the American debate; and the central role of the contest between constitutional and statutory rights. It also considers the concept of “forced listening” and the associated Captive Audience doctrine in U.S. constitutional law and considers its possible application to captive audience meetings and the Charter definition of free expression. Finally, it offers suggestions about how Canadian labour law can benefit from lessons learned from the American experience.

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Important Case ◽  
Legal Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Deliberative Politics ◽  
The Law ◽  
Subsequent Modification

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.

scholarly journals Modern Slavery, Unfree Labour and the Labour Market

2017 ◽  
Vol 27 (4) ◽  
pp. 414-434 ◽  
Author(s):  
Judy Fudge
Keyword(s):  
Political Economy ◽  
United Kingdom ◽  
Labour Market ◽  
Labour Markets ◽  
Labour Law ◽  
The United Kingdom ◽  
Labour Exploitation ◽  
Modern Slavery

Treating the United Kingdom’s Modern Slavery Act as its focus, this article examines what the legal characterization of labour unfreedom reveals about the underlying conception of the labour market that informs contemporary approaches to labour law in the United Kingdom. It discusses how unfree labour is conceptualized within two key literatures – Marxist-inspired political economy and liberal approaches to modern slavery – and their underlying assumptions of the labour market and how it operates. As an alternative to these depictions of the labour market, it proposes a legal institutionalist or constitutive account. It develops an approach to legal characterization and jurisdiction that is attentive to modes of governing and the role of political and legal differentiation both in producing labour exploitation and unfree labour and in developing strategies for its elimination. It argues that the problem with the modern slavery approach to unfree labour is that it tends to displace labour law as the principal remedy to the problem of labour abuse and exploitation, while simultaneously reinforcing the idea that flexible labour markets of the type that prevails in the United Kingdom are realms of labour freedom.

In Defence of Trade-Unionism: Bill Wedderburn and Rookes v. Barnard

2021 ◽  
Vol 42 (1) ◽  
pp. 75-110
Author(s):  
Paul Smith
Keyword(s):  
Trade Unions ◽  
Common Law ◽  
Labour Law ◽  
Trade Disputes ◽  
High Court ◽  
Labour Relations ◽  
Trade Unionism ◽  
House Of Lords ◽  
The Right

Bill Wedderburn (1927-2012) - from 1977, Lord Wedderburn of Charlton - was a towering figure in the world of labour law. His commitment to trade-unionism and the right of workers to take industrial action, given the asymmetrical nature of the employment relationship, ran deep, pervading every aspect of his forensic, sometimes biting, analysis of labour law and the role of the common law. Prompted by the Rookes decision in the High Court, 1961, and the subsequent decision of the House of Lords Judicial Committee, 1964, Wedderburn launched a wide-ranging defence - academic and public - of trade unions’ freedom to strike and the Trade Disputes Act (TDA) 1906. He argued that the House of Lords’ decision had created a new common law liability which evaded the protections in the TDA 1906. This was neutralized by the Trade Disputes Act 1965, but a new wider version of the TDA had to wait for the passage of the Trade Union and Labour Relations Act, as amended in 1976.

Regional aspects of imperfect competition in the domestic labor market

2021 ◽  
pp. 83-91
Author(s):  
С.В. Кравцевич ◽  
О.С. Тулохонов
Keyword(s):  
Labor Market ◽  
Labour Market ◽  
Imperfect Competition ◽  
Labour Markets ◽  
Domestic Labor ◽  
Labour Relations ◽  
Labour Policy ◽  
Regional Labour Markets ◽  
Domestic Labour

В статье дана характеристика особым преференциальным территориям в РФ, проведен анализ их развития, показавший ежегодный и активный рост числа ТОСЭР, их резидентов, объемов вложенных инвестиционных ресурсов, числа рабочих мест. Выявлены проблемы в функционировании ТОСЭР. Представлены сведения о текущем состоянии ТОСЭР в Республике Дагестане. Авторами предложена методика оценки эффективности функционирования ТОСЭР, расположенных на территории монопрофильных муниципальных образований (ММО), которая имеет комплексный характер и учитывает многоаспектные особенности функционирования данных территорий, что позволяет получать информацию для принятия управленческих решений, осуществлять мониторинг деятельности ТОСЭР. Imperfect competition in social and labour relations has no homogeneous effect on regional labour markets. There is a regional segmentation of the domestic labor market under the influence of imperfect competition. Government measures and measures to regulate the domestic labour market have different effects on regional labour markets. In this regard, the weakening of imperfect competition in social and labour relations is seen through the strengthening of the role of the regional labour policy of the population.

Restructuring Labour Relations and Employment in the European Logistics Sector

2018 ◽  
Author(s):  
Carlotta Benvegnú ◽  
Bettina Haidinger ◽  
Devi Sacchetto
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Case Studies ◽  
Direct Action ◽  
Labour Markets ◽  
Labour Law ◽  
Labour Relations ◽  
Positional Power

This chapter compares union responses and the emergence of workers’ struggles in two segments of the European logistics sector: warehousing in Italy and parcel delivery in Austria. The two case studies show striking similarities both in the management of the supply chain, resulting in highly segmented labour markets, and in the two sub-industries’ exposure to workers’ positional power. Unions’ success and failure to organize workers in logistics supply chains and in the effective adoption of strategies to contest casualization and fragmentation are related to differences in the dominant or competing union structures to incorporate precarious workforce groups, and in building upon inclusive worker solidarity and direct action. In Italy, rank-and-file unions approach workers directly, providing labour law knowledge and militant experiences. In Austria, unions stick to their old recipes of corporatist inclusion, act defensively, and leave precarious workers to their own devices in their struggles.

The Role of Migration in the Formation of Regional Labour Markets Amidst the Second Wave of Depopulation in Modern Russia

2020 ◽  
Vol 27 (6) ◽  
pp. 26-36
Author(s):  
A. V. Topilin ◽  
A. S. Maksimova
Keyword(s):  
Labour Market ◽  
Oil And Gas ◽  
Labour Markets ◽  
Labour Migration ◽  
Sample Surveys ◽  
Balance Sheets ◽  
Permanent Migration ◽  
Regional Labour Markets ◽  
The Impact

The article reflects the results of a study of the impact of migration on regional labour markets amidst a decline in the working-age population in Russia. After substantiating the relevance of the issues under consideration, the authors propose a methodological analysis toolkit, the author’s own methodology for calculating the coefficients of permanent long-term external and internal labour migration in regional labour markets, and the coefficient of total migration burden. In addition, the authors provide an overview of the information and statistical base of the study. According to current migration records, data of Rosstat sample surveys on Russian labour migrants leaving for employment in other regions, regional labour resources balance sheets based on the calculated coefficients of labour market pressures, the authors analyzed the impact of migration on the Russian regional labour markets over the past decade. It revealed an increasing role of internal labour migration in many regions, primarily in the largest economic agglomerations and oil and gas territories. At the same time, the role of external labour migration remains stable and minimum indicators of the contribution of permanent migration to the formation of regional labour markets continue to decrease. It has been established that irrational counter flows of external and internal labour migration have developed, which indicates not only an imbalance in labour demand and supply but also a discrepancy between the qualitative composition of migrants and the needs of the economy. It is concluded that the state does not effectively regulate certain types of migration, considering its impact on the labour market. The authors justified the need for conducting regular household sample surveys according to specific programs to collect information about labour migrants and the conditions for using their labour. In addition to the current migration records, using interregional analysis, this information allows making more informed decisions at the federal and regional levels to correct the negative situation that has developed in the regional labour markets even before the coronavirus pandemic had struck.

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