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Unfree labor has not disappeared from advanced capitalist economies. In this sense the debates among and between Marxist and orthodox economic historians about the incompatibility of capitalism and unfree labor are moot: the International Labour Organisation has identified forced, coerced, and unfree labor as a contemporary issue of global concern. Previously hidden forms of unfree labor have emerged in parallel with several other well-documented trends affecting labor conditions, rights, and modes of regulation. These evolving types of unfree labor include the increasing normalization of contingent work (and, by extension, the undermining of the standard contract of employment), and an increase in labor intermediation. The normative, political, and numerical rise of temporary employment agencies in many countries in the last three decades is indicative of these trends. It is in the context of this rapidly changing landscape that this book consolidates and expands on research designed to understand new institutions for work in the global era. This edited collection provides a theoretical and empirical exploration of the links between unfree labor, intermediation, and modes of regulation, with particular focus on the evolving institutional forms and political-economic contexts that have been implicated in, and shaped by, the ascendency of temp agencies. What is distinctive about this collection is this bi-focal lens: it makes a substantial theoretical contribution by linking disparate literatures on, and debates about, the co-evolution of contingent work and unfree labor, new forms of labor intermediation, and different regulatory approaches; but it further lays the foundation for this theory in a series of empirically rich and geographically diverse case studies. This integrative approach is grounded in a cross-national comparative framework, using this approach as the basis for assessing how, and to what extent, temporary agency work can be considered unfree wage labor
Unfree labor has not disappeared from advanced capitalist economies. In this sense the debates among and between Marxist and orthodox economic historians about the incompatibility of capitalism and unfree labor are moot: the International Labour Organisation has identified forced, coerced, and unfree labor as a contemporary issue of global concern. Previously hidden forms of unfree labor have emerged in parallel with several other well-documented trends affecting labor conditions, rights, and modes of regulation. These evolving types of unfree labor include the increasing normalization of contingent work (and, by extension, the undermining of the standard contract of employment), and an increase in labor intermediation. The normative, political, and numerical rise of temporary employment agencies in many countries in the last three decades is indicative of these trends. It is in the context of this rapidly changing landscape that this book consolidates and expands on research designed to understand new institutions for work in the global era. This edited collection provides a theoretical and empirical exploration of the links between unfree labor, intermediation, and modes of regulation, with particular focus on the evolving institutional forms and political-economic contexts that have been implicated in, and shaped by, the ascendency of temp agencies. What is distinctive about this collection is this bi-focal lens: it makes a substantial theoretical contribution by linking disparate literatures on, and debates about, the co-evolution of contingent work and unfree labor, new forms of labor intermediation, and different regulatory approaches; but it further lays the foundation for this theory in a series of empirically rich and geographically diverse case studies. This integrative approach is grounded in a cross-national comparative framework, using this approach as the basis for assessing how, and to what extent, temporary agency work can be considered unfree wage labor
This book offers a comparative exploration of the various disadvantages experienced by a category of atypical workers compared to standard employees, in the UK and Italy, and considers whether and how the differences can be attributed to contrasting institutional settings and political economies. Bertolini explores the lived experience of these workers, and demonstrates how institutional variables interact in complex ways with individual socio-demographic characteristics as well as the broader socio-economic context to shape individual disadvantages and engender different experiences of precariousness. Temporary Agency Workers in Italy and the UK will be of interest to students and scholars of political economy, sociology of work, welfare studies, labour market policy, and industrial relations.
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
EPUB and EPDF available Open Access under CC-BY-NC-ND licence. Labour exploitation is a highly topical though complex issue that has international resonance for those concerned with social justice and social welfare, but there is a lack of research available about it. This book, part of the Studies in Social Harm series, is the first to look at labour exploitation from a social harm perspective, arguing that, as a global social problem, it should be located within the broader study of work-based harm. Written by an expert in policy orientated research, he critiques existing approaches to the study of workplace exploitation, abuse and forced labour. Mapping out a new sub-discipline, this innovative book aims to shift power from employers to workers to reduce levels of labour exploitation and work-based harm. It is relevant to academics from many fields as well as legislators, policy makers, politicians, employers, union officials, activists and consumers.
The most trusted and thought-provoking introduction to employment relations, this book examines key employee relations issues from a critical perspective using contemporary research and a wealth of real-life examples and carefully designed learning features.
This book discusses the increasing use of contract labour in India that has accompanied attempts to liberalise the economy. After briefly examining Indian labour laws and public policy, it juxtaposes the country’s labour market practices with international labour standards. The questions that are raised are then explored through a series of empirical studies investigating the use of contract labour in a variety of industries and locations, manifesting a wide-spectrum of concerns including labour standards, productivity and employment relations. The set of comparative research studies within India are supplemented with a field study from the Shenzhen and Guangzhou industrial regions of South China, which are in an advanced stage of industrial development. The unprecedented inflow of capital into China has captivated many developing countries, including India, which has gone on to mimic similar strategies particularly in terms of labour market deregulation. In this context, a set of crucial questions arise – can enforcing ‘labour market flexibility’ in itself provide the required impetus for a nation’s industrial growth? Is the Chinese success in becoming the major destination for foreign direct investments (FDIs) a consequence of a flexible labour regime or is there some other concealed strength to be found in Chinese labour market institutions? In particular it needs to be noted that after double-digit growth for more than 25 consecutive years, China has recognised some of the fallacy of its development path and in 2008 adopted fairly stringent labour laws, which now regulate its labour market. This Chinese trajectory perhaps has lessons for India and other countries that are still struggling on the liberal path. In particular, the Chinese example helps put the Indian field studies in perspective and provides insights into India-specific policy recommendations that could also be useful for the developing world. The book concludes with the observation that where production entails long-term relationships, the interests of both the employer and the workers need to be maintained sustainably. As the title suggests, the book provides takeaways, not only for academics and researchers working in this field but also for lawyers, consultants, politicians, bureaucrats, and policymakers.
By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.
Over the last decade, the world’s largest corporations – from The Coca Cola Company to Amazon, Apple to Unilever – have taken up the cause of combatting modern slavery. Yet, by most measures, across many sectors and regions, severe labour exploitation continues to soar. Corporate social responsibility is not working. Why? In this landmark book, Genevieve LeBaron lifts the lid on a labour governance regime that is severely flawed and limited. She takes a close-up look at the millions of corporate dollars spent on anti-slavery networks, NGO partnerships, lobbying for new transparency legislation, and investment in social auditing and ethical certification schemes, to show how such efforts serve to bolster corporate growth and legitimacy as well as government reputations, whilst failing to protect the world’s most vulnerable workers. To eradicate modern slavery and human trafficking in global supply chains a new approach is needed; one that confronts corporate power and profits, dismantles exploitative business models, and regulates the booming private industry of accounting firms, social auditors, and consultants that has emerged to ‘monitor’ and ‘enforce’ labour standards. Only worker-driven initiatives that uphold fundamental rights can protect workers in the contemporary global economy and make forced labour a thing of the past.
In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.