Search

This article applies a qualitative approach to the legal segmentation analysis developed by Dingeldey et al. (2021), considering exclusion from, and hierarchies of, worker protection. Examining the cases of China, India, Malaysia and Viet Nam, the author finds that several factors distinguish these countries from those in the global North and produce distinct labour market outcomes, namely: in terms of the relative size of the workforce operating outside the effective coverage of employment regulation; legal terminology that is not readily translated into Western languages; and legal history, especially as regards the mismatch between statutory frameworks and the labour market resulting from colonialism. [ABSTRACT FROM AUTHOR]

Against the background of decline in traditional industrial relations institutions in post-Fordist economies, the authors review the patterns of counter-movement to globalization that are emerging in the defence of workers in developing countries, with a particular focus on Asia. From the Marxian struggle they identify in China to the widely varied forms of protest and representational organization they observe in India, they argue for a more inclusive approach to industrial relations, both in practice and in research. The future, they suggest, will be shaped by the interplay of reform from above and the social movements spontaneously filling today's representational vacuum. [ABSTRACT FROM AUTHOR]