Minimum Labour Standards and Their Enforcement: Special Symposium to Be Published in Economic and Labour Relations Review 2011

2010 ◽  
Vol 21 (1) ◽  
pp. 127-127
Keyword(s):  
Labour Relations ◽  
Labour Standards ◽  
Special Symposium

Law and the Culture of Capital: A Critical Perspective on Labour’s Right to Associate in Developing Societies

2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine
Keyword(s):  
Socioeconomic Development ◽  
Law And Economics ◽  
Complex Form ◽  
Labour Relations ◽  
Legal Narratives ◽  
Labour Standards ◽  
International Obligations ◽  
Developing Societies ◽  
International Labour Standards ◽  
The Impact

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.

scholarly journals TOWARDS AN EFFECTIVE KENYAN LABOUR DISPUTE RESOLUTION SYSTEM: A COMPARISON WITH THE SOUTH AFRICAN LABOUR DISPUTE RESOLUTION SYSTEM

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Labour Relations ◽  
Resolution System ◽  
Labour Dispute ◽  
Wide Range ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Government ◽  
Dispute Resolution System

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.

Uber, Marshrutkas and socially (dis-)embedded mobilities

2018 ◽  
Vol 39 (1) ◽  
pp. 72-91 ◽  
Author(s):  
Lela Rekhviashvili ◽  
Wladimir Sgibnev
Keyword(s):  
Labour Force ◽  
High Tech ◽  
Capital Investments ◽  
Negative Externalities ◽  
State Regulations ◽  
Labour Relations ◽  
Safety Risks ◽  
Labour Standards ◽  
Transport Workers ◽  
Global North

This article offers a first comparative discussion about ride-sharing (ride-sourcing) practices and informal transport. It focuses primarily on Uber, and marshrutkas – a socially and economically crucial mobility offer prevailing in many post-Soviet cities. The absence or evasion of state regulations, low labour standards of transport workers, and high safety risks for passengers unite the high-tech globalised corporate ride-sourcing sector and low-tech localised marshrutkas. The digital technological leap has made it infinitely easier to recruit transport workers to de-territorialise coordination activities, to advocate for avoiding regulations and draw significant capital investments. In cities of the Global North this leads to an informalisation of formerly relatively protected labour relations. In cities of the Global South, this can involve the loss of horizontally embedded modes of shared transport, in favour of corporate ride-sourcing: further fragmentation and alienation of the labour force, without solving issues of negative externalities.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

scholarly journals Diverging Trajectories: Economic Rebalancing and Labour Policies in China

2013 ◽  
Vol 42 (4) ◽  
pp. 105-137 ◽  
Author(s):  
Boy Lüthje
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Chinese Economy ◽  
Manufacturing Industries ◽  
New Approach ◽  
Labour Relations ◽  
Labour Standards ◽  
Labour Management

This paper develops a new approach to analyse labour relations at the level of companies, industries, and regions in China. Referring to Western and Chinese labour sociology and industrial relations theory, the author applies the concept of “regimes of production” to the context of China's emerging capitalism. This article focuses on China's modern core manufacturing industries (i.e. steel, chemical, auto, electronics, and textile and garment); it explores regimes of production in major corporations and new forms of labour-management cooperation, the growing inequality and fragmentation of labour policies within the modern sectors of the Chinese economy, consequences for further reform regarding labour standards, collective bargaining, and workers’ participation.

REGIONAL LABOUR STANDARDS IN THE SADC: IS IT POSSIBLE, GIVEN THE EU EXPERIENCE?

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Paul Smit
Keyword(s):  
European Union ◽  
Migrant Workers ◽  
Southern African Development Community ◽  
International Standards ◽  
The European Union ◽  
International Labour Organisation ◽  
Worker Rights ◽  
African Development ◽  
Labour Relations ◽  
Labour Standards

Globalisation and the increasing movement of capital and labour across international borders, with the exception of migrant workers who are facing major obstacles due to immigration laws, are creating a situation where laws in general and labour laws in particular are acquiring an international character. International bodies such as the United Nations, the International Labour Organisation and the European Union have adopted various international norms and standards to which most countries have agreed and which have established minimum international standards for basic universal human rights and worker rights. The Southern African Development Community is a transnational organisation that has also adopted certain basic norms and standards in its Treaty, Charter on Fundamental Social Rights and various protocols that are applicable to all citizens within the Community. In this contribution, the concept of transnational labour relations is considered. The different international approaches towards transnational labour relations are evaluated, as is the manner in which the European Union approached the integration of regional labour standards. The author seeks to establish what the Southern African Development Community can learn from the European Union’s experience and in what way a transnational labour relations system or regional labour standards regime for the Southern African Development Community can be established.

Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration

2020 ◽  
Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane
Keyword(s):  
The Other ◽  
Labour Law ◽  
Labour Relations ◽  
Other Hand ◽  
The Social ◽  
Labour Standards ◽  
Labour Legislation ◽  
The One ◽  
Labour Disputes ◽  
The Relationship

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.

Part III The Social Dimension, 13 Labour Relations

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Perceived Risk ◽  
Multinational Enterprises ◽  
Social Dimension ◽  
Decent Work ◽  
Labour Relations ◽  
Labour Rights ◽  
Labour Standards ◽  
Corporate Social

This chapter examines labour relations. The main elements of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs) revolve around labour relations, human rights and environmental sustainability, which form the core contents of international corporate social responsibility (ICSR) instruments. The extension of CSR to MNEs arises from the perceived risk that they have the power to act with impunity against the interests of stakeholders affected by their operations, giving rise to growing demands for rebalancing corporate responsibilities towards more social ends. Labour rights represent the oldest category of social rights under national and international law and are key to understanding the rise of ICSR and its legal responses. The chapter then explores the historical role of labour rights in ICSR. It considers how the operations of MNEs and global value chains (GVCs) have caused changes in labour practices. It also studies the consequences of these changes on the regulation of labour relations in MNEs and GVCs, including the shift in contemporary transnational labour standards to the notion of ‘decent work’. Finally, the chapter assesses how the ‘decent work’ idea can be put into practice through national laws, international labour rights and transnational labour practices.

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