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Abstract: This article analyses the impact of enforcement of four labour standards (pension system enrolment, minimum wage, maximum weekly working hours and written employment contract) on compliance in Peru, where labour regulations and penalties vary according to firm size. The author uses household survey data to analyse a factor not previously studied – adjustment by firms through downsizing to benefit from lower fines and less stringent regulations. The empirical findings indicate that enforcement efforts have little effect on either the degree of compliance or the size of firms. [ABSTRACT FROM AUTHOR]

A growing literature seeks to establish a relationship between India's supposedly "restrictive" labour laws and its poor performance on a range of industrial and social indicators. After providing an overview of this literature, this article shows that multiple errors were made in the foundational papers that constructed indices measuring interstate differences in labour regulation. These indices were then misinterpreted as measures of labour market flexibility. The literature is also marred by econometric problems and by difficulties involved in replicating the analysis with corrected and updated indices. The author concludes by summarizing evidence of deteriorating labour market outcomes for workers in Indian manufacturing. [ABSTRACT FROM AUTHOR]

In her introductory paper, the coordinator of this Special Issue puts the selection of subsequent contributions into context. Traditional industrial relations institutions, born of labour law's premise of unbalanced power relations between the worker and the employer, are being undermined by unprecedented global changes in patterns of work and forms of employment. This trend, compounded by the emergence of alternative forms of worker representation, poses a major challenge not only to conventional tradeunionism but also to policy and to industrial relations scholarship. This Special Issue is intended as a contribution to the ensuing, ongoing debate about the direction of future change. [ABSTRACT FROM AUTHOR]

Abstract: The distinction between de jure and de facto regulation is well understood in theory, but has rarely been applied to cross‐country empirical work on the impact of labour regulation on labour market outcomes for lack of data. Policy debate has been based on measures of stringency of law, suggesting a negative correlation between labour regulation and labour market outcomes. This article provides new cross‐country measures of labour law enforcement and evidence of a negative correlation between stringency and intensity of enforcement. Previous results concerning the consequences of labour regulation and the legal origins theory no longer hold when a measure of effective labour regulation is used. [ABSTRACT FROM AUTHOR]

Abstract: This article investigates the role of voluntary initiatives (VIs) as nongovernmental systems of labour regulation in global value chains (GVCs). To identify the conditions conducive to a more active role for labour in VIs, the authors apply Wright's (2000) theory of the factors enabling positive class compromise to a VI implemented in the Indonesian sportswear industry and extend it to the more complex realities of GVCs. They conclude that if VIs are to create conditions under which decent work can be strengthened, the involvement of strong local labour organizations is required while producers' and/or buyers' dependence on workers' cooperation acts as a catalyst. [ABSTRACT FROM AUTHOR]

Building upon the recent scholarship on 'travelling ideas' and 'translation', the author discusses how ILO and EU labour standards were conveyed to Turkey's political landscape by domestic actors and how those standards were adjusted. The study first analyses the motivations of the Commission that drafted the 2003 Labour Act, and of employer and labour organizations, for choosing to draw on those international standards during the legislative reform process. It then focuses on the institutional outcomes of the reform by examining how domestic actors modified the international standards, while also preserving components of the old labour legislation, as on severance pay. [ABSTRACT FROM AUTHOR]

Labour markets in sub‐Saharan Africa are characterized by a gendered division between formal and informal sectors. This article argues that this division originates from a rationality introduced by racist and gendered colonial legal segmentation, produced by a variety of legal regimes in and beyond employment law. Labour market segmentation in postcolonial settings cannot be understood or overcome without analysing the specific colonial institutional origins of the commodification of labour. In sub‐Saharan Africa, the "colonial exploitative legal employment standard" that commodified labour focused on black African male employees for European employers, excluding or marginalizing women and domestic labour relations. [ABSTRACT FROM AUTHOR]

This article examines legal segmentation in five Latin American countries (Argentina, Brazil, Chile, Mexico and Uruguay) by drawing on the employment regulation typology developed by Dingeldey et al. (2022), based on three functions – standard‐setting, privileging and equalizing. The author distinguishes between three factors of inequality and precarity: lack of coverage (namely of self‐employed workers), discrimination and the circumvention of standards. Lack of enforcement, together with an unfavourable economic environment, results in informality. The analysis identifies different forms and levels of protection under standard and non‐standard employment, as well as compensatory rules and other regulations seeking to eliminate inequality. [ABSTRACT FROM AUTHOR]

This Special Issue aims to enrich the discussion on individual employment re‐regulation by introducing the concept of legal segmentation from a global perspective and distinguishing between the standard‐setting, privileging and equalizing functions of employment law. This introductory article draws on a new database created by the authors that allows countries worldwide to be clustered into types of legal segmentation. It presents the authors' methodology and initial findings, which are contrasted with the regional and thematic studies in this Special Issue. Together, these contributions provide policy proposals to support the creation and enforcement of inclusive rules protecting all working people worldwide. [ABSTRACT FROM AUTHOR]

This article studies the impact of employment law on de facto labour market segmentation for 22 European countries from 1991 to 2014. Applying the concept of legal segmentation, the authors distinguish between the standard‐setting (protective), privileging and equalizing functions of employment law and use descriptive and multivariate statistics to indicate their effects on overall employment, and male and female standard and non‐standard employment. High privileging, in combination with high standard‐setting, is found to favour male standard employment and female non‐standard employment, while the equalizing function, aimed at improving the protection of women and other marginalized groups, actually increases male non‐standard employment. [ABSTRACT FROM AUTHOR]

This article considers how the regulative functions of labour law have been developed within the Southern African Development Community (SADC) region and seeks to identify instances of legal segmentation. The authors provide an overview of the demographic nature of the informal economies in SADC Member States, drawing the conclusion that the labour law mechanisms employed in the region substantially contribute to the legal segmentation of the regional economies. This has occurred despite the constitutionalization of labour law in the SADC region. [ABSTRACT FROM AUTHOR]

This article captures the shared understanding in the literature of labour law's interaction with gender, distinguishing between law's different functions – constituting labour market institutions, sustaining them, addressing unwarranted outcomes and transforming the institutions. Constituted, in part, by law, the standard employment relationship and the institutions of formal employment have segmenting gendered effects. While legal norms designed to correct these effects are important, they also sustain them. The authors argue for a transformative alternative that would follow two general principles in designing new labour standards, namely, universalization of scope and adaptive content in the interests of differently situated women and men. [ABSTRACT FROM AUTHOR]

In 2010, labour protests spread across China, sparked by the Honda workers' strike. Hoping to pacify the aggrieved workers, the Shenzhen and Guangdong governments resumed discussion of the suspended draft Shenzhen Collective Consultation Ordinance and the Guangdong Regulations on the Democratic Management of Enterprises. However, following strong opposition from foreign chambers of commerce, discussion was once again suspended. The authors show that two factors determine how foreign chambers of commerce and government agencies influence labour legislation in southern China: the position in global production chains of the firms they represent, and the relevant industrial relations model. [ABSTRACT FROM AUTHOR]

This article examines several noteworthy initiatives that were implemented following the deadly 2013 Rana Plaza disaster in Bangladesh. They broke new ground in transnational labour law. The ILO-backed initiatives were largely successful but remain insufficient to achieve lasting change in the ready-made garment industry, where global brands' supply chain buying practices constrain investment in occupational safety and health. A proposed United Nations treaty on business and human rights now seeks to enhance corporate accountability. Although promising, as part of a smart mix of multi-level public and private solutions, the treaty needs fine-tuning in the light of lessons learned from post-Rana Plaza experiments. [ABSTRACT FROM AUTHOR]

This article historicizes social regionalism as a principled and pragmatic response to the breakdown of the embedded liberal bargain and the encasing of an international economic order that was designed to prevent, transnationally, the governance of the social in the economic. Seen in historical context, the first labour chapter Arbitral Panel report under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) illustrates the need to shift focus to social regionalism. The latter enables trade treaty interpretation to focus on shared objectives. It moves beyond treaty interpretation, to promote redistributive mechanisms and also international solidarity within trade agreements. [ABSTRACT FROM AUTHOR]

The authors offer a contextualized analysis of judicial decisions rendered during 1971–2013 in Côte d'Ivoire, where domestic work is regulated by a general labour code. Assessments of those decisions, alongside qualitative interviews of institutional actors, elucidate how innovative practices were mainly derived from the code by attentive inspectors and by jurisprudence evolving to treat domestic work like any other. Yet limitations emanating from the inability to grapple with the specificity of domestic work are also identified. Reaffirming that the regulation of domestic work must embrace its duality (work like any other and work like no other), the authors conclude with a call for an international community of learning on decent work for domestic workers. [ABSTRACT FROM AUTHOR]

Abstract: In June 2011, the International Labour Conference adopted the Convention concerning decent work for domestic workers, No. 189, and its accompanying Recommendation No. 201. From a comparative law standpoint, this article seeks to analyse the role played by Convention No. 189 on regulatory reforms, focusing on the legislative measures taken in three Latin American countries that have ratified it: Argentina, Chile and Paraguay. An analysis is also made of the discussions and controversies that have determined the way in which the working time and wage provisions contained in the Convention have been incorporated into the national laws on paid domestic work in these three countries. [ABSTRACT FROM AUTHOR]

The authors examine the lack of enforcement of China's increasing body of labour legislation, showing how, since the 1980s, the country's labour inspection system has evolved into a system resembling the Anglo-Saxon model - characterized by fragmentation and reactive regulatory practices - but with highly selective and non-coercive state enforcement. This 'hybrid' labour inspection model stems from the combination of neoliberal reforms with the Leninist legacy of the authoritarian regime. More effective enforcement of labour law would, the authors suggest, require greater tripartite cooperation and social dialogue in the regulatory process, and the involvement of an independently organized industrial labour force. [ABSTRACT FROM AUTHOR]