TL;DR: The concept of "core labour rights" has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy as discussed by the authors.
Abstract: The concept of 'core labour rights' has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy. Some, including Philip Alston, see this development as a retreat from and a threat to the existing international labour law regime, especially the International Labour Organization's international labour code. On this view the new concentration upon core rights undermines the existing regime from within by narrowing its focus, weakening the legal status of the core rights, relegating the 'non-core' to a second-class status, watering down its 'enforcement' mechanisms, and so on. This view, while popular, is available only on a very narrow and conventional understanding of the purpose of international labour law. A better understanding is available which enables us to see core labour rights as conceptually coherent (and not politically arbitrary), morally salient (and not merely part of an empty neo-liberal conspiracy) and pragmatically vital to the achievement of our true goals, including the 'enforceability' of the 'non-core' (and not an undermining of the whole regime from within). This essay defends this second and positive account of core rights by reacting to Philip Alston's recent essay in this journal, which is taken as the most comprehensive and aggressive articulation of the 'anti-core rights' point of view.
TL;DR: In this paper, a working paper maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis as an excuse, and critically addresses the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers' protection.
Abstract: This Working Paper maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers’ protection. The working paper is also complemented with an annex providing an analysis of the reforms on a country by country basis. These country studies will be regularly updated and are available and downloadable in English only.
TL;DR: The concept of "core labour rights" has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy as discussed by the authors.
Abstract: The concept of 'core labour rights' has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy. Some, including Philip Alston, see this development as a retreat from and a threat to the existing international labour law regime, especially the International Labour Organization's international labour code. On this view the new concentration upon core rights undermines the existing regime from within by narrowing its focus, weakening the legal status of the core rights, relegating the 'non-core' to a second-class status, watering down its 'enforcement' mechanisms, and so on. This view, while popular, is available only on a very narrow and conventional understanding of the purpose of international labour law. A better understanding is available which enables us to see core labour rights as conceptually coherent (and not politically arbitrary), morally salient (and not merely part of an empty neo-liberal conspiracy) and pragmatically vital to the achievement of our true goals, including the 'enforceability' of the 'non-core' (and not an undermining of the whole regime from within). This essay defends this second and positive account of core rights by reacting to Philip Alston's recent essay in this journal, which is taken as the most comprehensive and aggressive articulation of the 'anti-core rights' point of view.
TL;DR: In this article, a working paper maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis as an excuse, and critically addresses the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers' protection.
Abstract: This Working Paper maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers’ protection. The working paper is also complemented with an annex providing an analysis of the reforms on a country by country basis. These country studies will be regularly updated and are available and downloadable in English only.
TL;DR: In this paper, the authors analyze the structure of the Brazilian Labour Code (CLT), the changes introduced since its approval in 1943, emphasizing the new Federal Constitution of 1988, the costs of labour and of dismissals for employers, the structures of union organizations, the regulation of collective bargaining and capital labour conflicts, and the process of wages determination.
Abstract: . This paper analyses the structure of the Brazilian Labour Code (CLT), the changes introduced since its approval in 1943, emphasizing the new Federal Constitution of 1988, the costs of labour and of dismissals for employers, the structure of union organizations, the regulation of collective bargaining and capital labour conflicts, and the process of wages determination. We also analyze the evolution of strike activity, and the evolution of wage differentials and functional distribution of income between profits and wages in industry in the last 15 years.