Labor Law Research Articles

Promoting Social Europe by reversing liberalisation? Implementation of the revised Posting of Workers Directive in EU member states

ABSTRACT The revision of the Posting of Workers Directive (PWD) was welcomed as an important step towards a more Social Europe. In this article, we examine how EU member states (MS) implemented the revised directive. We focus on those parts of the directive that should enable MS to reverse previous negative integration by the European Court of Justice. Despite the initial enthusiasm, the revision has led to only minor changes in national labour law. We ask why MS that actively pushed for the revision did not exploit the new regulatory possibilities further. In addition to presenting comparative data on national implementation, we conduct in-depth case studies of countries that supported the revision at the EU level (Denmark, Finland, Germany). Disagreements between employers and trade unions, partisan effects, and institutional misfit between the PWD and national wage-setting systems explain the limited impact of the revision in these MS. The revision of the PWD shows how difficult it is to politically counteract the market-making impetus of European single market law.

The Legal Responsibilities of Multinational Corporations in Human Rights Protection

With the development of international trade, multinational corporations plays a vital role in commercial activities. However, the multinational corporations profit-based mentality makes the forced labor problem really severe, which violates the workers basic human rights. Based on the principle of personal responsibility, corporate social responsibility and the balance of interests, multinational corporations have a necessary and irreplaceable responsibility to prevent forced labor issues and protect labor rights. Therefore, this article explores the causes of human rights violations by multinational corporations in international commercial transactions. Specifically, the complicated supply chains of multinational corporations make it difficult to supervise human rights violations. Meanwhile, they often evade their responsibilities by using independent legal personality irrational and failing to conduct their due diligence. Based on the analysis of these reasons, the article proposes to set up a well-developed system for piercing the veil of legal entities, improving supply chains transparency, and adopting uniform human rights assessment standards to avoid forced labor issues. In short, giving labor protection suggestions for multinational corporations,this article can help multinational corporations better fulfill their human rights protection obligations.

The Host State's Legal Liability for Forced Labor Regulation of Multinational Corporations

The problem of forced labor by multinational corporations has become increasingly prominent in the context of economic globalization, posing a severe challenge to the host state's legal regulatory capacity. This article deeply explores the legal responsibilities of host states. It points out the legal basis for the legal responsibility of the host state to bear the requirement of forced labor, including local jurisdiction and obligations under international law. Through the analysis of the existing regulations of host state, it is found that host state has many shortcomings in regulating forced labor by multinational corporations, such as legal regulatory defects, insufficient regulatory capacity and multinational corporations evading accountability. This article proposes that host state should internalize international law to improve the rule of law environment in the host state, establish an investor-state dispute settlement (ISDS) mechanism and urge multinational corporations to assume social responsibility. In brief, the legal responsibilities of host state should be strengthened to achieve effective regulation of forced labor by multinational corporations.

The Relationship between Economic Freedom and Private Investment Across Indian States: Evidence from Panel Data

This study examines the impact of economic freedom on private investment in the formal sector across 18 Indian states from 2015 to 2019. Using the Economic Freedom Index (EFI) and its components as explanatory variables, the analysis finds that higher EFI scores are significantly associated with increased private investment. The study employs panel regression techniques, allowing for the analysis of both cross-sectional and time-series variations in the data. A fixed effects model is used to control for unobserved, time-invariant heterogeneity across states, isolating the effect of institutional factors on investment. Fixed effects regression results reveal a strong positive effect of labour and business regulation on investment levels. The findings align with prior research, indicating that streamlined regulations and secure property rights foster opportunity-driven entrepreneurship. The study concludes that enhancing institutional quality can significantly boost formal sector investment across Indian states.

Research on Labour Rights Protection in Global Supply Chains

This paper analyses the issues of labour rights protection in global supply chains, exploring the current situation, problems, and solutions. It begins by presenting global labour mobility data and the current state of labour protection, noting that many countries, despite signing the International Labour Charter, face challenges in its implementation. The study reveals the severity of labour rights violations in global supply chains and their impact on individuals and society. Furthermore, it examines the problems and causes of labour rights protection from the perspectives of host countries, home countries, and companies. The research emphasizes the importance of protecting labour rights for global economic sustainability and calls for joint efforts to improve the situation. By addressing these issues, the paper aims to contribute to the development of more effective protection mechanisms and promote fair and sustainable practices across global supply chains. It also highlights the need for enhanced cooperation among governments, international organizations, and businesses to establish robust legal frameworks and enforcement mechanisms. The study suggests that through comprehensive reforms and a commitment to ethical practices, stakeholders can work together to create a more equitable global economy where labour rights are respected and protected.

A Comparative Analysis of Work Regulatory Focus on Cross-Generational Employees at PT. "X"

The variability of individual characteristics in the workplace relates to how they achieve their goals at work. If the direction of work regulations is not in accordance with the desired goals, then the balance between personal life and work expected by employees will not be achieved. This study is a comparative quantitative research that aims to see the difference between three subjects with the same variable not to investigate causal relationships. This study uses Analysis of Variance (ANOVA) to identify whether there is a difference in the focus of labor regulations among Generation X, Y, and Z workers at PT. "X". The results show that Generation X has the lowest average in both dimensions as a comparison. There is a significant difference between Generation Y and Generation Z, with a p-value of .000 (p<0.001). This study revealed significant differences in the characteristics and work preferences between Generation X, Y, and Z in the Prevention Focus and Promotion Focus variables. Further analysis shows that Generation Y and Z, who value flexibility and are more open to technology, are in contrast to Generation X, who prioritize stability and structure.

NORMATIVE STUDY OF COMPENSATION FOR FIXED-TIME WORK AGREEMENTS (PKWT) BASED ON THE JOB CREATION LAW

Abstract Background. The dynamics of labor regulation reform need to be analyzed for the benefit of the community in general and workers/laborers in particular. Aims. Since the implementation of Law No. 11 of 2020 concerning Job Creation and Government Regulation No. 35 of 2021 concerning Fixed-Time Work Agreements, Outsourcing, Working Time, Employment Relations and Rest Time, and Termination of Employment, there have been deletions, updates, and additions to articles related to labor law. Methods. In this study, normative juridical research is applied, which emphasizes the analysis of legal products such as laws and regulations but still pays attention to the reality in society related to the problem to be discussed. Result. This study reviews regulatory updates, including an analysis of Fixed-Time Work Agreements (PKWT) rules in the Job Creation Law. The provisions of PKWT have changed, namely, workers/laborers whose contract period has been completed are entitled to compensation money or severance pay. Conclusion. This is a new thing, so this study aims to analyze in a normative juridical manner the provisions for providing compensation or severance pay, starting from the distribution of the amount to the sanctions for the company if it violates it. Implementation. Many entrepreneurs still do not implement the law. Sanctions must be applied, namely, administrative sanctions such as written reprimands, restrictions on business activities, temporary suspension of part or all of production equipment, and freezing of business activities.

False consciousness and political disenfranchisement: the Indonesian Labour Party in post-Soeharto capitalism

ABSTRACT This study investigates the Indonesian Labour Party’s (Partai Buruh) failure in the 2024 legislative elections, where it secured less than 1% of the vote despite Indonesia’s sizeable working-class population. It examines why workers avoid supporting this anti-systemic party by analyzing Indonesia’s socio-economic structure, persistent inequality, and the ideological barriers shaping political behaviour. While poverty has declined since the fall of the Soeharto regime, extreme wealth inequality continues to fragment the working class, preventing class-based political mobilization. Employing a mixed-methods approach, this research integrates qualitative analysis of poverty and leftist movements with survey data from 709 workers in Central Java. The findings reveal that none of the surveyed workers supported Partai Buruh, instead aligning with mainstream parties such as PDI-P and Gerindra despite these parties promoting neoliberal labour policies. Drawing on Marxist and Gramscian theories, the study argues that false consciousness, reinforced through state repression, religious institutions, and ideological control, has prevented the formation of a strong labour identity. By highlighting the structural and ideological obstacles facing anti-systemic parties, this study provides insights into how capitalist hegemony shapes labour’s political choices in post-Soeharto Indonesia.

Contract labour in India: history, evolution, judicial interpretation and critical analysis

ABSTRACT This study aims to provide a thorough analysis of the changing terrain of contract labour legislation in India with a special focus on the recent trends and dynamics of industrial relations and labour jurisprudence. The analysis is carried out in light of the regulatory framework, historical developments, reports from various committees and commissions, the top court’s interpretation, the effectiveness of implementing agencies, and its impact on the lives of contract labours over the years vis-à-vis flexibility and economic growth in India. Based on the analysis, this article argues that, even though specific legislation such as the Contract Labour (Regulation & Abolition) Act, 1970, which sought to improve the conditions of contract labours, has been in place for more than 50 years, their exploitation remains largely unchanged. They continue to grapple with problems like job insecurity, low wages, poor working conditions, inadequate social security, and limited bargaining power. The new labour codes seem to have limited effectiveness in enhancing the situation of contract workers. In addition, the study will help to broaden the perspectives of key stakeholders and also offer some useful policy suggestions and practical implications for the well-being of contract labours in India.

Insurance and the gig economy: Analyzing Chinese platform workers' participation in work-related injury insurance.

Insurance and the gig economy: Analyzing Chinese platform workers' participation in work-related injury insurance.

The Impact of Educational Attainment on Minimum Wage Employment: A State-Level Analysis

Education is a cornerstone of labor market success, shaping wage levels, job security, and access to diverse income opportunities. This research examines how educational achievement influences the probability of working at minimum wage throughout US states between 2010 to 2021 while studying how education combines with state minimum wage regulations. This analysis uses Current Population Survey data as well as national economic indicators and Integrated Public Use Microdata Series to calculate the difference-in-differences effects with state-year fixed components for analyzing educational impacts on minimum wage standards. Labor statistics show that raising the average years of education decreases minimum wage employment by 0.18 percentage points specifically in states where educational levels are higher after implementing higher minimum wages. The impact of education levels on employment faces crucial modification through state-level labor policies, thereby demonstrating the necessity for combined educational programs and wage reform initiatives. The findings help policymakers distinguish minimum wage employees from other workers while recommending vocational instruction with accessibility to education as a method for boosting socioeconomic opportunities for vulnerable groups.

What Is the Unexpected Impact of Mandatory Gender‐Equal Pay for Work of Equal Value on the Shadow Economy?

ABSTRACTLaws mandating non‐discrimination on the basis of gender (e.g., gender‐equal pay for work of equal value) are expected to empower women, especially in employment, to achieve gender equality. We use data from 162 countries from 1995 to 2018 to provide new evidence that this law might have unexpected effects. We find that laws mandating gender‐equal pay for work of equal value appear to reduce the size of the shadow economy. On average, the shadow economy measured by multiple indicators and multiple causes (MIMIC) and dynamic general equilibrium (DGE) models reduces by 0.198 and 0.514 percentage points, respectively, in countries mandating gender‐equal pay for work of equal value. Such laws also increase male labour force participation by 0.543 percentage points. Moreover, instrumental variable estimates confirm that increased male labour force participation is the main mechanism for reducing the shadow economy. Our findings imply that laws requiring equal pay for work of equal value are not only a good actor in harmonizing the shadow economy but also create other challenges for policymakers, who need to assess whether employment laws effectively achieve their initial target of supporting disadvantaged female workers in the labour market.

The paradox of nurse turnover: wealth, yet inadequate compensation and high stress in Dubai’s private health-care sector

Purpose Nurse turnover is a global concern, with particular emphasis on the Gulf Cooperation Council countries, where the issue has been exacerbated by the COVID-19 pandemic. This study aims to specifically examine nurse turnover in Dubai’s private health-care sector, which presents significant challenges to both patient care quality and operational stability. The aim is to identify key factors driving turnover and provide actionable insights for health-care management to enhance nurse retention. Design/methodology/approach A case study approach was adopted, with 23 in-depth interviews conducted with nurses from a private hospital in Dubai. Thematic analysis was used to identify the core factors contributing to nurse turnover within this specific context. Findings The study identifies inadequate compensation, limited benefits and poor work–life balance as primary drivers of nurse turnover in Dubai’s private health-care sector. Notably, these factors are compounded by the unique socio-economic and institutional context of Dubai, characterised by rapid development, a highly diverse workforce and distinctive labour policies. Originality/value This research contributes to the existing literature by highlighting the unique socio-economic and institutional context of Dubai’s health-care system. The study extends existing turnover models to reflect Dubai’s specific challenges and provides practical implications for health-care managers to develop effective retention strategies that address these contextual factors.

Empowering Women in Labor History: A Primary Source Analysis of the Triangle Shirtwaist Factory Fire

This case study activity examines the lack of representation of women’s contributions in secondary social studies curricula, highlighting the necessity of incorporating women’s perspectives into historical narratives. Centered on the Triangle Shirtwaist Factory fire—a crucial event of the Progressive Era—it highlights the vital roles of working-class women in advancing labor rights and driving social change. Through the analysis of primary sources, students engage in a thorough examination and discussion of the events that transpired before, during, and after the fire at the Asch Building in Manhattan, New York, on March 25, 1911. Students will understand how the Triangle Shirtwaist Factory fire served as a catalyst for change in labor laws, women’s rights, and social reform in early 20th-century America. By employing the case study method, this activity seeks to promote critical thinking skills and a student-centered learning environment by allowing students to analyze, compare, and contrast various viewpoints.

مدى حجية المخالصة النهائية لحقوق العامل في نظام العمل السعودي

This research examines and analyzes the evidentiary value of the final discharge of the worker’s entitlements under the Saudi Labor Law, considering the practical challenges posed by this document at the termination of the employment relationship. The study focuses on highlighting the tension between the evidentiary weight attributed to the discharge on one hand, and the protective nature of the Labor Law on the other, revealing points of conflict between the binding power of the signed discharge and the distinctive nature of labor relations that require special safeguards to protect the worker’s rights. The research has aimed to establish the theoretical foundations of both release and settlement, and to explain the distinctions between them, as this differentiation significantly impacts the legal characterization of labor discharges and the stance of the law toward them. The study also explored the nature of labor rights, their categories, and the permissible boundaries for waiving such rights under the law, illustrating practical applications of these waivers whether at the time of contract formation, during the employment relationship, or upon its termination. Throughout the analysis, the study identified several judicial practices that grant the discharge conclusive evidentiary weight without verifying the actual fulfillment of its content, which undermines the intended protection afforded to the worker. The study further addressed the ambiguity in interpreting Article 8 of the Labor Law, which links the validity of waivers to the realization of the worker’s interest, yet lacks clear standards for assessing this benefit. The research concludes with a set of findings that respond to its research questions, along with practical recommendations aimed at strengthening worker protection and achieving the necessary balance between the stability of labor relations and the safeguarding of workers’ statutory rights.

The impact of minimum wage on the employment of rural migrant workers in China

ABSTRACT This paper examines the impact of minimum wage on the employment of rural migrant workers using data from the 2011–2018 China Migrants Dynamic Survey (CMDS). The findings indicate that an increase in the minimum wage significantly enhances both the willingness to participate in the labour market and the employment rate among migrant workers. This result has passed a series of endogeneity and robustness tests. The heterogeneity analysis reveals that the impact of increasing the minimum wage is more pronounced among female, low-skilled, and young to middle-aged migrant workers. Additionally, the effects of minimum wage increases are more substantial in regions with effective implementation. Further analysis reveals that the increase in the minimum wage has raised the wage levels of migrant workers at the middle and lower percentiles. It has neither increased their working hours nor changed their probability of obtaining various social insurances and the form of labour contracts. The conclusion shows that the increase in the minimum wage from 2011 to 2018 did not harm the employment and welfare of migrant workers. Instead, a reasonable increase in the minimum wage is helpful to improve the wage level of migrant workers and narrow the wage gap within migrant workers.

Social risks, platform economy, and welfare regime: evidence from platform workers’ views in Hong Kong

ABSTRACT Informed by the new social risk perspective, this qualitative study aimed to examine workers’ experiences under and state responses to the platform economy. The findings drawn from the in-depth interviews with 23 participants indicate that platform workers perceived the occurrence of work-related risks as their responsibility, developing individualised coping strategies, and excluded from the social and labour protection system. They perceive this exclusion as a trade-off between security and their aspiration for freedom. Policy implications are drawn. This study conceptually linked platform work to the new social risk thesis and empirically unveiled East-Asian evidence from a Market Productivist Welfare Regime.

Constitutional Aspects of Prohibition of competition in Slovenian labour Law

The objective of this article is to emphasize the complexity of constitutional dimensions of the notion of prohibition of competition, primarily within the Slovenian labour legislation framework. The prohibition of competition encompasses significant restrictions, particularly affecting workers1, in terms of freedom to choose employment, engage in independent entrepreneurial activities, and even utilise their free time and rest periods. The author first presents and analyses the legislative provisions in place before Slovenia’s independence, which were annulled as unconstitutional, and then outlines the key elements of the current labour legislation governing both dimensions of the competition prohibitionstatutory and contractual. Throughout, the author highlights solutions that the legislature implemented following guidance from the Constitutional Court, which played a pivotal role in shaping the now-applicable legal framework on the prohibition of competition.

What's Going On at the NLRB?

As many of our readers know, the National Labor Relations Board (NLRB) is the federal government agency that oversees federal labor law. As relevant to union‐free employers, that oversight extends to the conducting of union elections and the rules that govern election conduct and union‐free strategies. Since the inauguration of President Trump, much has occurred with respect to the composition of the labor board that has a direct impact on union‐prevention strategies.

Improving HR Compliance and Audit Readiness Using SAP HCM Modules

In the face of intensifying regulatory scrutiny and increasingly complex labor laws, organizations are under mounting pressure to ensure full compliance in their Human Resource (HR) operations. Non-compliance not only risks financial penalties and legal liabilities but also undermines organizational integrity and employee trust. This research paper explores how SAP Human Capital Management (HCM) modules can be strategically leveraged to enhance HR compliance and audit readiness across enterprise environments. SAP HCM offers a suite of modular tools—such as Personnel Administration, Organizational Management, Time Management, and Payroll—designed to automate regulatory adherence, enforce policy standards, and secure sensitive employee data through robust workflows and access controls. By analyzing the structure and functionalities of these modules, the paper demonstrates how they enable organizations to meet global labor regulations (such as GDPR, FLSA, and country-specific tax codes), maintain accurate personnel records, and streamline audit preparation processes. The paper also discusses real-world implementation outcomes, including improvements in audit trail accuracy, reduction in compliance breaches, and enhanced data security. Particular attention is given to how automated workflows, role-based access management, and real-time reporting capabilities contribute to creating a transparent and audit-ready HR ecosystem. Moreover, the study identifies key operational benefits such as minimized legal risk, improved HR process efficiency, and increased accountability. It also highlights common implementation challenges such as customization needs, user training, and system integration. The findings suggest that organizations adopting SAP HCM not only reinforce regulatory compliance but also gain a competitive edge by enabling scalable, efficient, and secure HR operations. This research provides actionable insights for HR leaders, compliance officers, and IT strategists seeking to modernize HR systems and ensure audit preparedness through intelligent use of SAP HCM technologies.