Labor Reform Research Articles

Upon the Altar of Work: Child Labor and the Rise of a New American Sectionalism

Upon the Altar of Work: Child Labor and the Rise of a New American Sectionalism

The constitutional hermeneutic of labour reform as a necessary instrument for decent labour

The Labour Reform fruit of Laws n. 13.427/2017 and 13.467/2017 inserted in the Consolidation of Labour Laws new forms of employment that until then were not regulated in Brazil, namely: telework, intermittent, hypersufficient and outsourced. Thus, employment modalities that until then were the subject of labour jurisprudence, such as outsourcing and teleworking, began to be specifically regulated, and intermittent and hypersufficient, which were completely strange and considered as labourfraud, also began to have their own regulation. Therefore, it is essential to carry out the constitutional hermeneutics of the articles included in the Consolidation of Labour Laws that regulate these new forms of employment relationship so that these workers have their social rights cataloged in the Federal Constitution guaranteed. The article was based on a bibliographical research and examination of the legal literature, using the deductive method, in the qualitative perspective.

An Idle Heroine in Industrious Times: Elizabeth Stuart Phelps’ The Story of Avis

An Idle Heroine in Industrious Times: Elizabeth Stuart Phelps’ <i>The Story of Avis</i>

Towards a stronger EU approach on the trade-labor nexus? The EU-Vietnam Free Trade Agreement, social struggles and labor reforms in Vietnam

The EU-Vietnam Free Trade Agreement (EVFTA) deviates from the poor track record of ‘trade and sustainable development’ chapters in EU FTAs. Ahead of ratification, Vietnam embarked upon pathbreaking reforms, culminating in a new labor code and accession to outstanding ILO core conventions. This article assesses the role of the EVFTA in these reforms. Building on literatures on the trade-labor nexus and externalization of EU governance, we call for a more comprehensive analysis of power dynamics in partner countries and address this lacunae by embedding FTAs and labor reforms in a strategic-relational conceptualization of states. We argue that the ‘success’ of the EVFTA was the outcome of specific conjunctures of social forces in, and outside of, state institutions in the EU and Vietnam, and their mediation at the transnational level. Amid free trade skepticism in the EU, particular members of the Parliament and the Council wielded their veto powers to negotiate with Vietnam and pull the Commission into a stronger position. In Vietnam, the external pressure resonated with internal struggles and empowered reformists to drive forward labor reforms. Implementation, however, remains uncertain; and, context-dependent as it was, the EVFTA pre-ratification impact does not easily lend itself to replication in other FTAs.

From Economic Integration to Near Elimination: The Economic Consequences of Isolation

This paper captures the labor market consequences of the Gaza Blockade (2007–), a politically motivated and unanticipated event that provides a rare opportunity for a natural experiment. I am aided by the fact that the West Bank is a natural comparison group for examining the Gaza Blockade. Using a difference-in-difference framework, I find that, relative to domestic workers in the West Bank, those in Gaza experienced an additional 11% point increase in the unemployment rate and an additional 13–20% reduction in real wages. The long-term effect (3 years later), on real wages was at least 1.5 times larger. Rising wage inequality was another consequence of the Blockade, which manifested itself in an upsurge in industry wage differentials and to a lesser extent, the skill premium. This paper also discusses the impact of the crisis on the sectoral composition of the Gazan economy, particularly as a result of the severe contraction of non-service industries in the private sector. While the Gaza Blockade constitutes an extreme case of a massive economic shock and a radical departure from the close economic integration experienced in earlier decades, the results of this study can nevertheless serve to shed light on how other open economies are likely to respond to the increasingly common imposition of restrictions on trade and factor mobility such as economic sanctions, visa restrictions, and trade wars. The effects of such barriers to trade and labor mobility are particularly dire in the absence of labor reforms designed to mitigate their adverse effects. KEYWORDS : Middle East; conflict; economic development; labour; wages; trade

Challenges confronting efficient port performance of selected countries in the Eastern Caribbean: what are the opportunities for Antigua and Barbuda?

PurposeThe purpose of this paper is to shed light on emerging issues threatening the Eastern Caribbean and to suggest how Antigua's Port Authority redevelopment can assist in solving a major challenge. The fact that the ports have not improved in key areas appears to be impacting the ability of carriers to maintain their service to the region. The ongoing development being undertaken in Antigua represents the first major Port improvement project ever undertaken within this part of the world. This article reflects the impact this new facility will have on Antigua and the surrounding islands.Design/methodology/approachThe main inputs to this article were an extensive review of various regional and international journals and research projects; interviews with regional academics and port professionals; personal knowledge and experience and assessment of key industry data.FindingsThe continued departure of cargo lines from the region is an issue that requires urgent attention. Regional ports are not equipped with the infrastructure, technology, labor reforms and human resource capacity to entice new entries to the region. The displacement of cargo vessels by cruise ships also remains a major issue. The Port Authority of Antigua with its modern infrastructure and a cadre of technically trained people represents an option for a hub-and-spoke port and logistic operation.Research limitations/implicationsA follow-on study could usefully analyze the reduction in container lines serving the Caribbean/Organization of Eastern Caribbean States (OECS) between 1995 to the present day and the impact on trade and shipping costs.Practical implicationsIf it can become a regional hub, the Antigua Port Authority can serve as a lifeline to struggling carriers. This could result in improved regional connectivity and profit improvement for the carriers. It could also encourage regional participation in investment and employment opportunities.Social implicationsThe result of improving connectivity and intra-regional commerce will have a significant social impact within the OECS as economic integration improves. The free movement of people will finally be supported by the free movement of goods.Originality/valueThe article considers the concept of a dedicated container terminal within the Eastern Caribbean and the additional services being offered by the first Eastern Caribbean Port to upgrade its port infrastructure in the region.

PERIPETIES OF LABOR REFORM IN SPAIN

The article contains a historical and analytical overview of the previous Spanish labour reforms, as well as the current difficulties in the implementation of new changes, proposed by the government led by Socialist Prime Minister Pedro Sánchez. According to declarations of administration, the reform aims to alleviate the plight of workers, becoming more serious because of the corona crisis, and to have in Spain by the beginning of 2022 the labour law that helps to ensure the growth of quality job while national economy recovers from the pandemic. But, as it happens often in Spain when the initiatives proposed by the functioning government, should it be led by PSOE or PP, the normal projects are criticized actively by the opposition, leading unions and business associations. And reaching the political agreement for the final approval of a new norm – be it labour law or pension reform – is a serious political problem. Parliament discussions and adoption of a new labor legislation during the 2021 year was no exception.

Book Review: Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States, by David Madland

Book Review: <i>Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States</i>, by David Madland

Alternative Views on Portuguese Stagnation: From the Euro’s Inception to the COVID-19 Pandemic

Over the past two decades, real GDP per capita in Portugal has nearly stagnated. The conventional account attributes this to the mismanagement of public finances and the lack of structural reforms in labor and product markets prior to the “adjustment program” agreed with the troika in the early 2010s. In the same vein, the neoclassical-inspired interpretation explains the subsequent recovery based on supply-side and fiscal reforms implemented during the troika years, which would account for the reduced fiscal deficits, external equilibrium and employment growth registered in the pre-COVID-19 period. In this article, we challenge this optimistic view, identifying structural weaknesses of the Portuguese economy that would have soon become apparent even if the pandemic had not happened. Addressing these weaknesses requires changes that go beyond the EU and national responses to the pandemic crisis.

Economic crises, labour reforms and employment: the Spanish case

Economic crises, labour reforms and employment:the Spanish case Nunzia Castelli (bio) There is no doubt that we have been living in a situation of 'permanent exceptionality'1 for several years now. In little more than a decade, extraordinary and/or global events have taken place that have had a substantial impact on economic and social relations at all levels2. Spain has not been left out of these phenomena that have had repercussions on the country, acquiring the specificities derived from the characteristics of the national context. Among them, one of the most outstanding has always been the special sensitivity of employment to the recessive economic phases of the national economy. Thus, the main and most immediate consequence of the different economic crises that have shaken the system throughout recent decades has traditionally been both the activation of an intense -and not comparable with the other EU member countries-process of employment contraction3, as well as an exponential increase in unemployment, which reached its peak in the first quarter of 2013 with more than six million unemployed (practically 27 percent of the population)4. The high level of fluctuation in employment in relation to variations in GDP and the equally high 'job creation threshold' -understood as the increase in national wealth capable of generating employment-are therefore specific characteristics of the Spanish context5. It is also characterised by presenting a marked level of dualisation of the labour market with rates of temporary employment and rotation in employment that have always been well above the European average6. These specific characteristics of the Spanish context have marked the economic and social evolution of the country from the very configuration of the democratic model of labour relations7. This has represented a burden for the political, social and economic development of the Country since it has reacted to the different economic shocks mainly by unloading the weight of the adjustment on employment and, therefore, on the working class. Spain has been shaken by economic crises: in 2013 unemployment peaked at more than six million (practically 27 percent of the population) The re-orientation of public policies towards the postulates of the neoliberal aspect of global capitalism has also contributed to this, which, since the 1980s, has pushed for an increasingly insistent 'blaming of labour rights' both from sources legal and conventional8. Hence, the different reforms of the regulatory framework that have occurred since the early 1980s, and which have intensified during periods of crisis, have always passed, although with variable intensity, around the objectives of flexibility, deregulation, or re-regulation calibrated solely on the promotion of business interests of productivity and competitiveness via the reduction of labour costs9. The cycle of reforms undertaken between 2010 and 2013 represents the clearest manifestation of this, with the 2012 reform being the one that has undoubtedly had the greatest impact on the democratic structuring of labour relations in the country10. The paradigm shift: the labour reform of December 2021 Regarding the model summarily described above, the current Legislature presents significant peculiarities11. The response to the crisis derived from the pandemic has been addressed from the perspective of protecting employment and the productive fabric, with a series of measures-this time all agreed within the framework of social dialogue-that have privileged the maintenance of employment over its destruction, have sustained the economic sectors most affected by the consequences of the health crisis, and have reinforced the coverage and quality of social benefits. An attempt has also been made to remedy some of the main weaknesses and dysfunctions of the Spanish model of labour relations (high volatility of employment, rates of temporary employment and job rotation well above the European average, strong gender inequality, low coverage and quality of social protection...) and to adapt it to the changes produced by the irruption of digitalisation, through regulatory interventions aimed at modernising the labour market and the social protection system. The important reform of the labour market (approved with RD-Law 32/2021, of 28 December 2021) has also moved in this direction. The reform has been described as 'historic' insofar as it has been the first major regulatory change in...

Labor Courts, Job Search and Employment: Evidence from a Labor Reform in Brazil

Labor Courts, Job Search and Employment: Evidence from a Labor Reform in Brazil

Repercussions of the labor reform on nursing work in the context of the covid-19 pandemic.

To reflect on the repercussions of the Labor Reform on nursing work during the COVID-19 pandemic. This is a reflective study based on the legal aspects of the Labor Reform in dialog with scientific productions pertaining to nursing work. With the rise of the COVID-19 pandemic, the flexibilization of labor is being intensified, legally backed up by the Labor Reform. For nursing workers, the repercussions are felt in the work relationship, during the workday, in the salary, in union action, and in job protection. It is evident that, after the legislative changes, there's no certainty that the flexibilization of labor and social security laws will bring favorable results in terms of economic growth, reduction of inequalities, and lower unemployment rates for the nursing workers. Therefore, the political organization of the professional categories is the way to overcome this scenario.

Trade union rights in Peru

Trade union rights in Peru Gianina Echevarría (bio) Peru is one of the countries in South America where it has been more difficult to exercise trade union rights in recent decades. The major labour reform implemented in the early 1990s by the government of Alberto Fujimori, which was considered the most “flexible” reform in the region, has had very severe effects on the organisation of workers and the defence of their rights. Although there have been some improvements in the regulatory framework in several subsequent periods, the tendency towards reducing the exercise of trade union rights has not been reversed. For more than 10 years, the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the Committee on Freedom of Association (CFA) have been formulating observations and recommendations related to aspects of Peruvian legislation that do not meet the universal minimum standards recognised by ILO conventions. Until ten years ago we had 105 complaints filed with the CLS, which made Peru the first country in the Andean region and the second worldwide with the most complaints during the period 1990-2012. The problematic features that remain in labour laws, and that directly or indirectly limit the exercise of trade union rights are: ■ The existence of many temporary hiring options that produce instability in employment and that make union organisation difficult; ■ The absence of effective protection measures against employer hostility towards unionised workers and their leaders; ■ Serious limitations to the exercise of collective bargaining, especially to implement bargaining at the sector level; ■ Many restrictions on exercising the right to strike. Likewise, the existing legal framework reinforces the model of unionisation at the company level, which is inadequate for building union power in a country in which more than 80 percent of workplaces are micro or small businesses, in which it is impossible to form unions because they do not employ the legal minimum of workers required by law to form a union. Even in the cases of companies with between 20 and 100 workers, the unions tend to be very weak, and it is a very difficult task to defend them from corporate hostilities. The fact that the government does not have a policy to favour unionisation, and that the labour inspectorate is inefficient in detecting and remedying anti-union acts committed by private and public sector companies adds further difficulties for union organising. For example, in 2020, only 2.2 percent of labour inspections dealt with matters related to trade union rights, and there are no statistics on the results of these inspections; that is to say that it is unknown whether the companies were penalised. It is important to point out that in the case of a union leader who has been dismissed without justification the labour inspectorate can do no more than make a finding; it cannot order reinstatement, nor does the inspectorate have competence to inspect public sector entities. In the judicial system, the processes in which cases related to trade union rights are litigated are very slow and with results that often affect the rights of workers. The processes are rarely resolved within three years. On the other hand, and no less important, there is a tendency for labour judges to interpret labour rights restrictively. The contested issues include trade union immunity, the unilateral extension by employers of the benefits of collective bargaining with the aim of weakening the union, or the sanctions that can be applied to workers when a strike is declared unlawful. These questions have not had an adequate result from the judiciary. In all these cases, judicial reasoning underestimates trade union rights and departs from the general principles of the right to freedom of association. To further aggravate the situation, the health emergency caused by Covid 19 had direct effects on production and employment, and also on the exercise of trade union rights. Three main effects of the health emergency can be identified, as well as the labour measures that were implemented by the government to deal with it. In the first place, the loss of life among workers (both union members and non-members) and of trade union representatives, as a result of unsafe work practices...

Implicações no direito fundamental da reforma trabalhista durante a pandemia da COVID-19

The aim was to analyze, through a literature review, the implications for the fundamental right of labor reform during the COVID-19 pandemic. The legal circle was not silent, and technical arguments were formed in several articles by renowned Brazilian jurists. Therefore, this article generally attempts to bring the legal impact of the tragic and unfortunate scenarios brought about by COVID-19 and its impact on society to contemporary reality from a legal perspective. The type of study is a systematic review, research of this type has the primary objective of exposing the attributes of a certain phenomenon or statement among its variables. Thus, it is recommended that it present characteristics such as: analyzing the atmosphere as a direct source of data and the researcher as a switching instrument; not to use statistical devices and methods, having as a greater apprehension the interpretation of phenomena and the imputation of results, the method must be the main focus for the approach and not the result or the fruit, the appreciation of the data must be achieved in a intuitively and inductively through the researcher.

Implications On Fundamental Labor Reform During The Covid 19 Pandemic

The objective was to analyze, through a bibliographical review, the implications of labor reform on fundamental law during the Covid 19 pandemic. The legal circle did not remain silent, and technical arguments were formed in several articles by renowned Brazilian jurists. Therefore, this article generally tries to bring the legal impact of the tragic and unfortunate scenarios brought about by COVID-19 and their impact on society to contemporary reality from a legal perspective. The type of study is a systematic review, research of the type has the primary objective of exposing the attributes of a given phenomenon or statement among its variables. Thus, it is recommended that it presents characteristics such as: analyzing the atmosphere as a direct source of data and the researcher as a switch instrument; not to broker the use of statistical artifices and methods, having as a greater apprehension the interpretation of phenomena and the imputation of results, the method should be the main focus for the approach and not the result or the fruit, the appreciation of the data should be achieved from intuitively and inductively through the searcher.

Employer Responses to Legislation Protecting Non-Regular Workers: Evidence from South Korea

AbstractMany countries have taken steps to address employment insecurity by enacting employment protection legislation (EPL) for non-regular workers. Although the aggregate impacts of EPL reforms have been examined in the literature, less attention has been paid to the heterogeneous ways that different types of employers respond to these reforms. In this paper, we seek to shed additional light on the impact of non-regular workforce protections by investigating the response of establishments to legal changes in Korea in 2007. We employ a difference-in-difference framework to explore which establishment characteristics predict that employers will convert non-regular workers to regular status. Results indicate that, in the short term, the Korean labor reforms led to increased conversions of fixed-term workers to permanent status. Establishments that have shifted risk onto workers via the use of performance pay are more likely to extend permanent status to non-regular workers. However, establishments that provide favorable employment conditions were less likely to convert. Unions play a double-edged role. Unions in large establishments with a wide range of occupational categories are associated with relatively greater conversion of outsiders to regular status, while unions in smaller, more resource-constrained establishments with a narrower occupational focus are associated with more exclusionary behavior.

Framing socio-political controversy: The 2012 Spanish labor reform as a case study of cascading activation

In February 2012, the Spanish Government approved an aggressive labor reform. Many political agents committed to emphasis framing, highlighting certain aspects of the topic to persuade their publics with their definitions of the situation. Some generic frames suggested an individualistic approach to the labor market, while some others called for collective action. Following the cascading activation model, this research attempted to identify the flows of frames from the elites to the media outfits. A content analysis was conducted with the materials disseminated in February 2012 by the government, the two main Spanish unions, the confederation of employers, and four print media. Differences and similarities were found through bivariate analyses between the categories of the codebook. Although clear cascades emerged from the unions to the online daily Público.es, and from the government to Larazón.es, generally the media frame building processes did not limit to just depicting the frames of an elite.

CARACTERIZAÇÃO HISTÓRICA DO MERCADO DE TRABALHO NO BRASIL: DA CONSOLIDAÇÃO À REFORMA TRABALHISTA

This article aims to recover the essential aspects of the historical process of the labor market in Brazil, from the consolidation of this labor market to labor reform, more precisely the period from 1930 to 2017. The aim is to understand the particularities of a market of consolidated work in a peripheral/underdeveloped economy and the implications for the social and economic conditions of workers. Methodologically, it is a theoretical text, realized through the historical survey of the main contributions in the specialized literature. As a conclusion, it is highlighted that, despite important advances, several problems such as precariousness, informality, instability, lower wages, low degree of social protection, among others, remain as structural marks of the labor market of this society, in a context of promotion of public policies that do not show significant results in terms of improvements in the social and economic conditions of the working class, as is the case of the referred labor reform.

The influence that Spanish Labour Reform represents on Madrid Stock Market: An empirical analysis.

Empirical evidence for Spanish Stock Market shows that labour events, like a firm level collective agreement, have informative content for the market due to the loss of wealth that it implies for the investor. Labour Reforms which Spain experienced between the years 2010 and 2012 have allowed the jeopardising of employment and the destruction of jobs, substituting one well paid by another of lower cost for the firm, the cost of dismissal, or the proposals of substituting payoffs by the so-called Austrian backpack, and the elimination of the distinction between temporary and permanent contracts. These Labour Reforms affect many of the accounting and financial variables, which are the subject of analysis and follow-up by investors and analysts, next to the idiosyncrasy of the Open Shop System that is followed in Spain, the present article means to explore the effect on Madrid Stock Market. Our results, applying analysis techniques with decision trees where we control the effect of the economic crisis on the market reaction, show that the Labour Reforms of 2010 to 2012 are incorporated as negative, or positive, information when the investor perceives a possible decrease, or increase, in its future cash flows.

HOW MERITOCRACY FUELS INEQUALITY—PART II Reply to Critics

HOW MERITOCRACY FUELS INEQUALITY—PART II Reply to Critics