Rethinking Workplace Regulation
Beyond the Standard Contract of Employment
Publication Year: 2013
Published by: Russell Sage Foundation
Tables and Figures
This project was initially funded by a presidential grant from the Russell Sage Foundation. We thank Eric Wanner, president of the foundation, for the confidence he showed in the project by providing this grant, as well as for his intellectual engagement with, and sustained support for, our efforts. We also much appreciated the opportunity...
1. The Transformation of Employment Regimes: A Worldwide Challenge
Around the world, workers are embattled, labor markets are in disarray, and labor laws are in flux. The premise of this volume is that the decline of the standard employment contract is both a cause and an effect of these developments. Employment relationships, we argue, have become increasingly unstable in most industrialized countries...
Part I: The New Political Economy of Employment
2. Changes in the Labor Market and the Nature of Employment in Western Countries
The labor policies of Western developed countries were generally established in an earlier era when the nature of work was quite different from what it is today. The old world of work was generally characterized as male-dominated involving blue-collar manufacturing jobs in a fixed worksite with lifetime jobs often protected by a tariff...
3. Labor Market Regulation and the Global Economic Crisis
The current economic crisis has increased rates of unemployment and exacerbated a long-term weakening of institutions such as employment security, labor regulation, and collective bargaining. This trend has different particulars for different nations, but has common general characteristics everywhere. High unemployment...
4. The Decline of the Standard Contract of Employment in the United States: A Socio-Regulatory Perspective
A potent mix of globalization, technological change, and neoliberal public policies is undermining established employment practices as well as employment regulatory regimes around the world. The employment relationship is being transformed from a long-term stable relationship between an employee and a firm to one in which...
Part II: Revising Legal Conceptions of Employment
5. Burying Caesar: What Was the Standard Employment Contract?
Mark Antony’s famous funeral oration to his Roman friends and countrymen is so heavily charged with irony and manipulation of the crowd that it is difficult to extract a straightforward sentence from it. His underlying purpose is clear enough: he is seeking to vindicate an institution that he reveres against detractors and assassins. A somewhat...
6. “The Employment Contract Is Dead! Hurrah for the Work Contract!” A European Perspective
This chapter presents the recent history of the individual employment contract in a civil law system (that of Italy), describes its current functions, and considers its potential transformation in the European context. As often the case when applying the comparative method, we come to perceive that, even within the same trends and...
Part III: The Restructuring of Labor Market Institutions
7. Erosion, Exhaustion, or Renewal? New Forms of Collective Bargaining in Germany
Industrial relations and collective bargaining in Germany are experiencing an upheaval. Traditionally, collective bargaining actors and collective bargaining itself have been driving forces in the development and definition of standard employment relationships characterized by well-paid, permanent, and full-time labor...
8. Flexibility and Security in Post–Standard Employment Relations: The Netherlands
In recent times, the Netherlands has been one of the most successful advanced economies in terms of raising employment levels and keeping unemployment down. Since 1993, it has maintained an unemployment rate consistently lower than the EU average, and employment rates for both men and women rising...
9. Regional and Local Experiments for Labor Market Policy in Europe
In assessing the potential for regional and local-level interventions in labor-market policy intended to bolster job security for workers hired on flexible contracts in Europe, this chapter does not take a normative approach. Its aim is not to propose changes or reforms through legislation or collective agreements among social...
10. New Forms of Dispute Resolution: Japan’s Labor Tribunal System
When labor contracts become unstable, atypical, nonstandard employment becomes prevalent, and employment mobility increases, labor disputes tend to come to the surface. Under the long-term and stable employment relationship, employees are hesitant to file claims with courts and other external...
11. Organizational Primacy: Employment Conflict in a Post–Standard Contract World
In the era of the standard employment contract, conflicts between employees and employers often centered on the question of whether the employer was abiding by the terms of the standard contract or the employee was being unfairly denied the normal benefits derived from working under such a contract. With the decline of the standard contract, the nature...
Part IV: Beyond the Employment Nexus
12. Flexibility and Security in Employment Regulation: Learning from Denmark
In a remarkably short time, flexicurity, a portmanteau of flexibility and security, has emerged on the international political scene as a new and popular concept for reforms of labor markets, labor laws, and employment policies. An innovative policy experiment, it promises to reconcile the contradictory...
13. The Regulation of Supply Chains: An Australian Contribution to Cross-National Legal Learning
One of the key features of the standard employment contract is a direct relationship between an employer and an employee. Labor law scholars have for some time highlighted the artificiality of this restriction on the regulatory scope of labor law, in that it excludes workers deserving of social protection but engaged under nonstandard work arrangements...
14. Organizing Nonstandard Workers in Japan: Old Players and New Players
Japanese union membership reached its highest level in history, 12.7 million, in 1994; by 2006 it had declined to 10.04 million. This lengthy negative trend was arrested in 2007 by two developments. First, traditional enterprise-based unions abandoned their previous practice and began to organize nonstandard workers. Second...
Part V: Social Policy in Changing Labor Markets
15. Safety Nets and Transition Assistance: Continuity and Change in a Liberal Welfare State
To a large extent, the standard employment contract and the welfare state grew up together, emerging hand-in-hand across the middle years of the twentieth century. Some of the earliest welfare policy measures in Europe and Australia were precisely about constructing the type of life course that characterized industrialized...
16. Flexible Work, Flexible Pensions: Labor Market Change and the Evolution of Retirement Savings
If a new paradigm of employment has emerged, albeit unevenly, in many developed economies, fundamentally related to the increasing instability of the standard contract of employment (see chapter 4, this volume), it should come as no surprise that a new paradigm in occupational (employment-related) pensions has also gained...
17. Work-Family Balance and Gender Equality: Pension Reform and Antidiscrimination Law
How might the decline of the standard employment contract affect the future of gender equality? The standard employment contract assumes the long-term, continuous attachment of the full-time worker to the employer (Stone 2004, 3). It was designed with a male breadwinner in mind...
18. Social Rights in Changing Labor Markets: Caring for Caregivers in the European Union
Labor markets have been transformed not only by the advent of new and more insecure forms of employment relations but also by the arrival of new populations of workers, among whom women feature most prominently. And the regulation of labor markets has been challenged not only by globalization, technology, and a declining...
Part VI: Learning Without Borders
19. Cross-National Legal Learning: The Uses of Comparative Labor Knowledge, Law, and Policy
Previous chapters offer ample evidence that advanced economies are responding to the growing incidence of nonstandard employment by experimenting with new approaches to labor market regulation. This chapter asks the crucial question: What can we learn from these experiments...
Appendix: The Decline in the Standard Employment Contract: A Review of the Evidence
This volume is premised on the proposition that labor markets in advanced industrialized countries have changed profoundly over the past three decades. We refer to this change as the decline of the standard contract of employment—using that term to describe a social practice that was widespread, if not paradigmatic, in most advanced...
Page Count: 440
Publication Year: 2013
OCLC Number: 844727835
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