Labor Law Reform Research Articles

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

Bureaucratic Law Transformation and Trade Union Fragmentation in Thailand and Japan in the Context of Free Trade

To achieve economic development, a country must cooperate with other nations. This often involves a partnership where one country provides workers, while foreign investors contribute significant capital. To sustain such trade relationships, bureaucratic reform is sometimes necessary. These reforms aim to enhance administrative efficiency and economic competitiveness but can also lead to the fragmentation of trade unions, which impacts workers' protection and rights. This research explores the transformation of bureaucratic law and trade union fragmentation in Thailand and Japan within the context of free trade. A qualitative comparative study method was employed to analyze the effects of these reforms in both countries. In Thailand, reforms aimed at simplifying the licensing process and reducing regulations have been successful in attracting foreign investment and accelerating economic growth. However, they have also increased job uncertainty and weakened social protection. In Japan, while traditional labor unions persist, the increasing fragmentation has resulted in uneven worker protection. This analysis reveals that the social and economic effects of these changes are complex and require careful policy consideration to balance economic growth with worker protection. The study recommends comprehensive labor law reforms, increased social dialogue, and stronger support for new trade unions to ensure fair and sustainable worker protections in both countries.

Challenges and Solutions for Labor Law Reform that Strengthens Workers' Rights in Vietnam

This study provides a comprehensive analysis of the legal protections for bargaining rights in Vietnam, exploring the impacts of rapid economic development, globalization, and recent legislative reforms. The Đổi Mới reforms of the late 20th century marked a significant shift from a centrally planned economy to a socialist-oriented market economy, leading to substantial changes in Vietnam’s labor laws. These reforms aimed to align Vietnam’s labor regulations with international standards, particularly concerning workers' bargaining rights. Employing a qualitative research approach, this study analyzes the effectiveness of Vietnam’s Labour Code, the role of trade unions, and recent legislative updates through documentary research and expert interviews. Findings highlight both progress and challenges: while legal provisions for collective bargaining and the role of trade unions have seen improvements, significant weaknesses remain in enforcement mechanisms and coverage for informal workers. The research identifies practical issues, including the disparity between formal and informal sectors and the limited independence of trade unions. The study proposes recommendations to enhance bargaining rights protections, such as strengthening enforcement, expanding legal coverage to informal workers, increasing trade union autonomy, and improving legal aid services. These insights aim to inform policymakers, legal practitioners, and labor rights advocates on how to address existing gaps and improve the effectiveness of labor protections in Vietnam. Ultimately, this research contributes to the broader discourse on labor rights in transitioning economies, offering strategies for advancing legal protections in response to ongoing economic and social changes.

Impact of state-level labour law reforms in India: an empirical analysis

The impact of Indian state labour law reforms on employment, output, new industrial units, investment and size of industrial units is examined from 2000–01 to 2017–18. States with inflexible labour laws had lower growth of large industrial units and regular employment. Contract worker hiring spiked in firms with 301–500 workers in both flexible and inflexible states. Capital growth was higher than growth of workers in all state categories. Rajasthan, the first state to carry out additional reforms in 2014, had good performance. Regressions carried out to control for factors that impact employment other than labour laws indicate that: (i) reforms had a positive impact on employment; (ii) good infrastructure, reduction in industrial disputes, low crime and better education resulted in significant employment generation. Difference-in-differences estimates show that post-reform, employment, fixed capital, and output were higher for flexible labour law states, when compared to inflexible labour law states.

Challenges in Manpower Management: Discuss the Challenges Faced by the Automotive Industry in Managing Manpower Due to Rigid Labor Laws and Complex Legal Systems, Especially Concerning Temporary Increases in Workforce to Meet Demand Fluctuations

The automotive industry is at the forefront of technological innovation and economic growth. However, it faces significant challenges in manpower management, particularly due to rigid labor laws and complex legal systems. These challenges are exacerbated when addressing temporary workforce increases to meet demand fluctuations. This paper aims to discuss the multifaceted issues that arise in the context of labor flexibility, talent acquisition, and retention strategies within the automotive sector. Firstly, the industry contends with the difficulty of attracting and retaining talent in a competitive landscape where technology companies and startups often offer more appealing opportunities. The rapid pace of technological advancements demands a workforce that is adaptable and skilled in new and evolving competencies. However, traditional labor laws often do not accommodate the flexible arrangements required to attract such talent. Secondly, the high turnover rate within the automotive industry further complicates manpower management. The need to cultivate leaders from within is hindered by generational differences and a redundant skill set that is increasingly becoming automated. This situation is compounded by the industry’s struggle to maintain employee health and safety, which is paramount given the physical nature of manufacturing jobs. Lastly, the legal complexities associated with temporary staffing to manage demand peaks present a significant hurdle. The industry must navigate a labyrinth of employment regulations that vary by region and often restrict the ability to swiftly adjust workforce levels in response to market needs. The automotive industry must develop robust strategies to overcome these challenges. This includes fostering organizational resilience, reimagining talent management, and advocating for labor law reforms that reflect the dynamic nature of the industry and its workforce requirements. The ability to adapt to these challenges will be a determining factor in the industry’s capacity to sustain innovation and growth in the coming years.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

Disembedded politics: discourses on Neoliberal Labor Law reforms in Lithuania (2014–2016)

Since regaining its independence in 1991, Lithuania has undergone a process of chaotic privatization in which labor was systematically disempowered, above all, by the targeted erosion of labor rights formally endorsed in the pre-existing Soviet labor code. In the newly legitimized and aggressive pro-business environment of the post-Soviet era, organized labor's residual power was seen as an anachronistic impediment to the power of capital in reshaping society and the economy. This article investigates the political dynamics of disembedded labor law reform in Lithuania, which enabled neoliberal reformers to legislate while disregarding broader societal interests and imposing unilateral changes in labor relations. A content analysis of 852 news media reports on labor law reforms published in 2014–2016 was used to demonstrate how discursive and institutional exclusion and sequencing were employed by the neoliberal government to circumvent the interests of major social and economic groups, resulting in the passage of pro-business legislation. The implications of resorting to disembedded politics in the labor reform process are discussed.

Dancing at the crossroads: Lessons from Ireland on collective labour law reform

AbstractThe past 20 years were convulsive for industrial relations in Ireland: from boom to bust and back again, with the Financial Crisis killing off national bargaining; the Supreme Court first undermining sectoral bargaining, then shifting back in favour of it; and of course, the Covid‐19 pandemic generating an overhaul of working conditions across society. All along, widespread industrial unrest has been notable by its absence. Long‐term decline in Irish trade union density continues, despite recent research showing significant popular support for trade unions, particularly among young workers. Now, the obligation to transpose the Directive on Adequate Minimum Wages has brought Ireland to a crossroads in collective labour law and industrial relations reform. How Ireland has responded to these pressures, internal and external, holds lessons for other jurisdictions, of which this article highlights three: a commitment to pragmatic adaptation over principled coherence makes measuring the success of any reform project difficult; different methods of reform enjoy varying levels of legitimacy; and disjunction between different levels of bargaining generates pressure on the system, including risks to the legitimacy of the system itself and the actors within it—particularly beleaguered trade unions.

Can't Get There from Here: Thoughts on the Idea of Labour Law Reform in the 21st Century

Can't Get There from Here: Thoughts on the Idea of Labour Law Reform in the 21st Century

Tackling Labour Market Monopsony: A Role for Labour Law Reform

Tackling Labour Market Monopsony: A Role for Labour Law Reform

Exploring Litigation, Court Rulings, and Legal Mobilization in Response to Death and Suicide from Overwork: Implications for Labor Law Reform Policy Making in Japan

This article analyzes how litigation, court rulings, and legal mobilization have influenced law and policy making related to death from overwork (karōshi) and suicide from overwork (karōjisatsu) in Japan over the course of half a century. It highlights the gradual, but substantial, impact of litigation and court rulings on different levels of governmental measures. By taking a longer-term perspective to assess the political effects of different stages of the judicialization process and focusing on the actors of legal mobilization—particularly, cause lawyers—this study provides a more accurate depiction of the overall process of social and legal changes observed in the recent Japanese labor law reform.

Migration, Vulnerability, and Protection: Changing Labour Law Regime in Contemporary India

ABSTRACT This article undertakes a socio-legal analysis of India’s changing labour laws and situates migrant workers within the broader context of the changing relations between state, capital, and labour amid the reforms that were introduced in 2019–2020. It illustrates the precarity of migrant workers and the possibility of their legal exclusion from the revised labour codes, especially in the context of the COVID-19 pandemic-led lockdowns. The new codes reduced the number of establishments under regulation and diluted provisions that can hold contractors and employers accountable, which increases the scope for exploitation of workers and has serious implications for the rights of migrants. The labour law reforms, we argue, appear to have favoured capital in its relations with workers and have increased the degree of informality in a wide range of industries. Inter-state migrant workers may find themselves excluded from protective provisions that hold employers accountable for their treatment and this may make them more vulnerable in the informal sector. The article concludes that this push by the state to boost the ‘ease of doing business’ via precarious forms of employment and whittling away the protections of inter-state migrant workers may be far more detrimental than expected.

Impact of COVID-19 on Labourers in India

The outbreak of the COVID-19 pandemic in India brought about unprecedented challenges to the nation's economy and labour force. This abstract delves into the substantial impact of the pandemic on the realm of labourers within the Indian context. Furthermore, the pandemic highlighted the need for a re-evaluation of essential workers' rights, as they became frontline warriors in the battle against the virus. Occupational safety and health standards took centre stage, emphasizing the imperative of a safe working environment for all employees. Simultaneously, the pandemic accelerated the adoption of technology in the workplace, leading to a surge in remote work arrangements. This shift necessitated adaptations in labour laws to accommodate the unique challenges and opportunities associated with the virtual workspace. In conclusion, the COVID-19 pandemic catalysed a profound transformation in India's labour laws, prompting a re-examination of worker rights, job security, and workplace safety. The crisis also spurred the integration of technology in employment practices, requiring legal frameworks to keep pace with evolving work dynamics. As India navigates the post-pandemic era, a balanced and forward-thinking approach to labour law reform will be essential to ensure a resilient and equitable workforce.

Labor Rights and Dispute System Design: Assessing the Legal Legacy of the 2022 Qatar World Cup

AbstractThe aim of this paper is not to relitigate Qatar’s human rights record but to assess the effectiveness of its labor reforms: the principal concern is dispute resolution and enforceability. While Qatar instituted a broad suite of labor law reforms in the years preceding the World Cup, questions remain about whether they have improved access to justice for migrant workers. More attention needs to be given to the dispute settlement system established by Law No. 13 of 2017 to assess if new legal norms translate into enforceable rights. It is argued that the labor dispute system has largely failed by not taking into account the circumstances that define the employer-employee relationship in Qatar, especially the stark imbalance in power. While reforms might endure at the level of formal law, the dispute system will fail to deliver genuine justice to workers unless it is refashioned.

Uphill struggle: collective bargaining for the self-employed in Poland

Poland, which has one of the highest shares of self-employment and civil law contracts in total employment in the European Union, provides an instructive example of a labour law reform that extended the personal scope of collective bargaining. Since 1 January 2019, the right to collective bargaining has been extended to all workers in paid employment. The first effects of the reform have however been disappointing. Collective agreements concluded since the new law came into force hardly ever cover non-employees. These results are rooted both in social partners’ attitudes and strategies and in the existing legal framework. Employers keen on reducing labour costs are reluctant to enter into collective bargaining with self-employed workers, while trade unions have not adopted a comprehensive strategy for representing non-employees. At the same time, the law scarcely fosters and encourages social dialogue; in some areas it can even be an obstacle to developing collective bargaining for workers.

Is US Labor Law Reform Enough? A Conversation About the “Clean Slate for Worker Power”

In this roundtable, labor studies scholars examine the viability of the Clean Slate for Worker Power project. Engaging themes such as labor law, immigrant workers, and organizing strategies, the contributors debate the limits of U.S. labor law, the tendency of scholars to silo our work and our research without engaging an intersectional approach, and the practical realities that impact the U.S.' low rates of unionization.

The Legal Classification of Human Capital in ‘Markets, Hybrids and Hierarchies’

Abstract The growth in platform work in the digital economy has challenged the legal classification of human capital across ‘markets, hybrids, and hierarchies’ in the labour market. In comparing the trinary approach in English law with Singapore’s binary approach in determining worker status, the aim of this article is to consider how Singapore’s labour law should be restructured and hybrid workers should be accorded appropriate recognition in order to recalibrate the coordination-risk bargain between capital and labour. The coordination-risk bargain – as the key function of labour law in the regulation of hybrid workers – refers to the capacity of the firm to coordinate the allocation of labour inputs under non-standard employment arrangements in exchange for absorbing the social and economic risks of the worker’s subordination and dependence. On this basis, this article proposes a reformulation of the ‘limb (b) worker’ category under the UK Employment Rights Act 1996, which should form the basis of labour law reforms in Singapore towards a more sustainable form of capitalism.

Beyond vulnerability: contextualizing migrant worker views on rights and wellbeing in the Gulf Arab states

This paper examines migrant workers’ subjective views of their rights and wellbeing in the Gulf Arab state of Qatar. Since the announcement of the World Cup, Qatar has been roundly criticized for the living and working conditions of the low-wage migrant workers responsible for building the country’s social and economic infrastructure. These critiques, however, either emphasize individual migrant experiences of mistreatment or the kafala migration regime that regulates migration and employment. Few quantitative and representative studies ask migrants how they understand and experience their rights and wellbeing, or how these views have changed as the country has embarked on key labor law reforms in response to international pressure. Therefore, we present results from a large-scale, nationally representative survey of low-wage migrant workers conducted in labor accommodations over four years, supplemented by a separate phone survey. The analysis emphasizes the views of migrants—including satisfaction with rights, awareness of rights, fulfillment of contracts, and quality of life—which are critical to successful policy implementation. We examine the objective factors that best explain these views and study the interaction between subjective and objective wellbeing dimensions. The results inform scholarly understandings of the living and working conditions of migrants and provide essential context for questions surrounding migrant rights and global justice in temporary labor migration regimes.

Labour law after neoliberalism?

AbstractOver the course of the past 40 years, neoliberalism has all but destroyed the institutions that once civilized labour markets. In the wake of that destruction, labour law reform is being driven in some jurisdictions by a new kind of right‐wing populist politics. What does this hold in store for work relations? Our investigation of contemporary labour law begins with a brief look backwards to the pre‐ and post‐war decades and to the ostensible depoliticization of the law under neoliberalism. We then consider the possible emergence of a distinctly right‐wing populist approach to labour law in countries including the United States, the United Kingdom, and Poland, drawing comparisons with the German experience after neocorporatism. Finally, we take a normative turn and consider what steps ought to be taken by a government intent on addressing class inequalities and restoring the kind of rights that post‐war democracies once conferred on workers understood to be industrial citizens.