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Comparative labor law /
No full textEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like "soft law" and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law
Great Expectations: Law, Employment Contracts, and Labor Market Performance
Full text linkThis chapter reviews the literature on employment and labor law. The goal of the review is to understand why every jurisdiction in the world has extensive employment law, particularly employment protection law, while most economic analysis of the law suggests that less employment protection would enhance welfare. The review has three parts. The first part discusses the structure of the common law and the evolution of employment protection law. The second part discusses the economic theory of contract. Finally, the empirical literature on employment and labor law is reviewed. I conclude that many aspects of employment law are consistent with the economic theory of contract – namely, that contracts are written and enforced to enhance ex ante match efficiency in the presence of asymmetric information and relationship specific investments. In contrast, empirical labor market research focuses upon ex post match efficiency in the face of an exogenous productivity shock. Hence, in order to understand the form and structure of existing employment law we need better empirical tools to assess the ex ante benefits of employment contracts.employment law, labor law, employment contract, employment contract, law and economics
Conference Bibliography: Democracy and the Workplace
Full text linkA selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012
Indonesian labor legislation in a comparative perspective : a study of six APEC countries
Full text linkThe author compares Indonesian labor legislations with labor policies in five other APEC countries: Chile, the Republic of Korea, Malaysia, Mexico, and the United States. The report focuses on legislation affecting union regulation, minimum wages, nonwage compensation, and working conditions. Current legislation in Indonesia is a mixed bag of laws protecting workers'welfare but controlling organized labor. Indonesian laws restrict the ability of labor organizations to effectively represent workers to management at the plant level. In this, they are similar to Malaysian laws and, to a lesser extent, new Korean legislation. They provide a stark contrast to current legislation in Chile and the United States. But Indonesia legislation governing minimum wages, mandated nonwage benefits, and other labor standards, appear to be at least as generous as legislation in the five other countries. Indonesia is under pressure to ease restrictions on unions. The author suggests that allowing effective plant-level bargaining could give workers more of a voice at the workplace, but that improving industrial relations will require more than legislative changes. Careful changes in legislation and industrial relations could help unions play a more positive role, while downplaying labor's more negative role. The author cautions against centrally mandating labor standards, instead of letting workers and their employers negotiate them at local plants.Environmental Economics&Policies,Labor Policies,Labor Management and Relations,Labor Standards,Work&Working Conditions,Work&Working Conditions,Banks&Banking Reform,Labor Management and Relations,Environmental Economics&Policies,Labor Standards
Great Expectations: Law, Employment Contracts, and Labor Market Performance
Full text linkThis chapter reviews the literature on employment and labor law. The goal of the review is to understand why every jurisdiction in the world has extensive employment law, particularly employment protection law, while most economic analysis of the law suggests that less employment protection would enhance welfare. The review has three parts. The first part discusses the structure of the common law and the evolution of employment protection law. The second part discusses the economic theory of contract. Finally, the empirical literature on employment and labor law is reviewed. I conclude that many aspects of employment law are consistent with the economic theory of contract - namely, that contracts are written and enforced to enhance ex ante match efficiency in the presence of asymmetric information and relationship specific investments. In contrast, empirical labor market research focuses upon ex post match efficiency in the face of an exogenous productivity shock. Hence, in order to understand the form and structure of existing employment law we need better empirical tools to assess the ex ante benefits of employment contracts.
Application of Anti-Discrimination Law in the Field of Labor and Employment in the Republic of Serbia: The Economic Analysis of Law Approach
Full text linkThe aim of this paper is to analyze the problem of labor market discrimination through the methodology of economic analysis of law, as a special discipline, as well as the doctrinal approach, focusing on the legislative framework in the concrete filed in the Republic of Serbia. The main research question is do we really need anti-discrimination law in the field of labor and employment, or we can use only free market mechanisms to eliminate employers who discriminate employees who are in the labor market and/or the labor force which pretend to enter the market. Economic analysis of law starts from the premise that employers are rational players at the market who want to maximize their profits, and th
Compared to What?: The UCLA Comparative Labor Law Project and the Future of Comparative Labor Law
Full text linkThe UCLA comparative labor law project (1965-1978) exemplified and in some ways anticipated subsequent debates within comparative law circles in general, and amongst comparative labor scholars in particular. Both disciplines have been destabilized by the decentering of the state as a result of globalization and neo-liberalism and also as a result of developments in legal theory and methodology. The rebuilding of comparative labor law as a discipline depends on its ability to take these new developments into account. But paradoxically, to do so moves scholars farther and father away from law as it was traditionally understood, as well as from labor which is verging on anachronism as a sociological descriptor and political actor. The project of comparative labor law must become part of an intellectually ambitious and highly complex study of the changing political, economic, social, cultural and psychological terrain of work relations
Development of labor law in the eu an d eaeu: how comparable?
Full text linkAs of 2015 Armenia, Belarus, Kazakhstan, Russia and (since May 2015) Kyrgyzstan have entered into the Eurasian Economic Union (EAEU) with the ambitious goal of ultimately transforming it into a “Eurasian Union” with a deeper confederative structure in the future. Parallels between this regional integration project and the European Union integration process are emerging. But there are also marked differences between them. The article highlights those parallels and differences in order to assess the general prospects for harmonizing labor law among the member states and to clarify how much of the EU experience in the harmonization of labor law may be applicable to the Eurasian integration project. The completely different roots and ways to harmonize the national labor law systems within the EU and the EAEU are also discussed in the article. The authors claim that the approaches to harmonizing labor law in the two regions are mirror images of each other.While the EU project attempts to provide at least a partial common legal framework for certain separate aspects of legal regulation of labor among the very diverse national labor law systems, the EAEU currently refuses even to address the harmonization of national labor laws. However, the national labor law systems of EAEU member states are already much more homogenous than in the EU. Therefore, labor law harmonization in the EAEU may develop as a consequence of its economic integration and single market.
Comparative labor law /
No full textEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like "soft law" and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law
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