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Mikkel Mailand - One of the best experts on this subject based on the ideXlab platform.
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Formulating European work and Employment Regulation during the pre-crisis years: Coalition building and institutional inertia
Journal of European Social Policy, 2015Co-Authors: Mikkel Mailand, Jens ArnholtzAbstract:This article discusses whether the pre-crisis political right-turn in the European Union (EU) has had an impact on the development of European work and Employment Regulation. It finds that although proRegulation actors have been weakened in the year leading up to the crisis, the expected weakening of Social Europe is only seen in a minority of the eight cases of EU-level work and Employment Regulation analysed. It is argued that two mechanisms can help explain this weaker than expected impact: successful resistance from pro-Regulation actors and a certain form of organizational inertia linked to the actor’s search for legitimacy, especially the Commission’s need for a stronger social profile in order to be reappointed. Moreover, it is argued that stable coalitions have only played a role in some of the cases. The coalitions in action seem less stable and active than previous studies indicate.
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Social Europe and Scandinavia — Impacts on and Impacts from Work and Employment Regulation
Social Policy and the Euro Crisis, 2015Co-Authors: Mikkel MailandAbstract:‘The best pupils in the class’ is a phrase that has been used to describe the roles and status of the Scandinavian countries in Social Europe (Jacobsson, 2005). The combination of long periods of stable growth, high wages, high taxes, a high level of social benefits, and strong social dialogue institutions has for decades attracted attention from other EU member states. Whereas Sweden was given much attention in the 1980s and 1990s, the focus shifted to Denmark and peaked in the mid- 2000s with the development of the flexicurity concept, which described Denmark as having a mobile and flexible labour market where social security and active labour market policy would help those that had lost their job. The high status of the Scandinavian countries has given their arguments and models weight in European policy formulation. However, the above-average impact on Social Europe has in general not been mirrored by strong impact from Social Europe on work and Employment Regulation in these countries. The aim of this article is to analyse, firstly, the role that Sweden and Denmark have played in developing EU-level Regulation in the work and Employment area and, secondly, the impact this Regulation and other European developments have had in the two countries.
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Slowing Down Social Europe? The Struggle Over Work and Employment Regulation
Industrial Relations Journal, 2013Co-Authors: Mikkel MailandAbstract:The present article discusses whether the strengthening of the Regulation‐sceptical actors during the 2000s has affected the scope and content of EU‐level Regulation in two work‐and‐Employment‐related areas, and the role coalitions have played in the decision‐making processes. In the employee involvement area, the pro‐Regulation forces still appeared able to get new Regulation adopted and to prevent unwanted Regulation from being adopted. In the Employment policy area, a few examples of successful attempts by the Regulation‐sceptical actors to slow down Social Europe were found, but these were fewer than could be expected. One explanation for this relatively weak impact might be that the Commission's search for legitimacy in order to be re‐elected functions as an ‘automatic stabiliser’. Contrary to studies of previous processes, no solid coalitions were found in any of the cases analysed, although several actors took positions as expected.
Katherine V.w. Stone - One of the best experts on this subject based on the ideXlab platform.
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Employment and Labor Regulation in Industrial Countries
2014Co-Authors: Katherine V.w. StoneAbstract:This encyclopedia entry addresses Employment Regulation – i.e., the legal rules and institutions that constitute, govern, and structure the Employment relationship. Until recently, most industrial countries had Employment Regulation that provided most employees with job security and an adequate package of social protection. However, these Regulations have been relaxed in recent years as employers have moved away from hiring employees into long-term Employment relationships and have created many types of short-term Employment relationships instead. The decline of the standard form of Employment and the regulatory regime that supported it have given rise to a number of controversies involving Employment Regulation. In addition, the spread of global trade and the diffusion of production around the world have put pressure on industrial countries to dilute their Employment Regulation and lower their labor standards. However, as global production and trade continue to proliferate, social pressures are building for more labor law protections both in the developed and in the developing world. Hence Employment Regulation is not likely to disappear, but it will be transposed as part of the emerging international regime.
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from widgets to digits Employment Regulation for the changing workplace
Comparative Labor Law and Policy Journal, 2004Co-Authors: Katherine V.w. StoneAbstract:This book provides an innovative framework to understand and address problems generated by the changing nature of the workplace. For most of the twentieth century, employers fostered long-term Employment relationships through the use of implicit promises of job security and well defined paths for career progression. Today, employers no longer value longevity nor do they seek to encourage long-term attachment. Instead they seek flexibility. The labor and Employment laws of the twentieth century are based upon an out-moded model of stable labor-employer relationship. Today employees expect to change jobs several times during their work lives as they move across the boundaries of departments and firms. The new boundaryless workplace has many implications for labor and Employment Regulation. Existing labor and Employment laws were built on the assumption of long-term, stable relationships between employees and firms. The National Labor Relations Act, with its emphasis on bargaining units and job-centered contractual rights, was designed to protect employees in long-term Employment relationships within well-delineated, bounded workplaces. Similarly, many aspects of the private social welfare system in the United States, including programs for old age assistance, unEmployment insurance and health insurance, are employer-centered and assume a long-term Employment relationship with a single employing unit. The emerging boundaryless workplace undermines the effectiveness of these programs and raises many serious concerns of equity, justice, and social welfare. From Widgets to Digits analyzes the impact of the new flexible workplace on the issues of Employment discrimination, ownership of human capital, worker representation, employee benefits and income distribution. It proposes legal and institutional reforms to ensure the conditions of success in today's boundaryless workplace. Professor Stone contends that a constructive program for workplace justice must provide continuity in wages, on-going training opportunities, transferable skills, unambiguous ownership of individual human capital, and portable health and retirement benefits. She also advocates the creation of a reliable social safety net to ease transitions and cushion the fall for those who are left behind by the boundaryless workplace. From Widgets to Digits begins with a historical treatment of the changing workplace. It recounts the early twentieth century transition from artisanal era to industrial era job structures, and the current transition from industrial to digital era job structures. It then details the tension between the new boundaryless workplace and the labor and Employment law framework that was tailored to the earlier era. The book then focuses on several specific areas that require new policy directions - post-Employment restraints, Employment discrimination, employee representation, health insurance and pension benefits, and income distribution. In each area, it proposes new legal frameworks to redress the inequities and vulnerabilities of the new workplace.
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From Widgets to Digits: Employment Regulation for the Changing Workplace - From Widgets to Digits: Employment Regulation for the Changing Workplace
Comparative Labor Law and Policy Journal, 2004Co-Authors: Katherine V.w. StoneAbstract:This book provides an innovative framework to understand and address problems generated by the changing nature of the workplace. For most of the twentieth century, employers fostered long-term Employment relationships through the use of implicit promises of job security and well defined paths for career progression. Today, employers no longer value longevity nor do they seek to encourage long-term attachment. Instead they seek flexibility. The labor and Employment laws of the twentieth century are based upon an out-moded model of stable labor-employer relationship. Today employees expect to change jobs several times during their work lives as they move across the boundaries of departments and firms. The new boundaryless workplace has many implications for labor and Employment Regulation. Existing labor and Employment laws were built on the assumption of long-term, stable relationships between employees and firms. The National Labor Relations Act, with its emphasis on bargaining units and job-centered contractual rights, was designed to protect employees in long-term Employment relationships within well-delineated, bounded workplaces. Similarly, many aspects of the private social welfare system in the United States, including programs for old age assistance, unEmployment insurance and health insurance, are employer-centered and assume a long-term Employment relationship with a single employing unit. The emerging boundaryless workplace undermines the effectiveness of these programs and raises many serious concerns of equity, justice, and social welfare. From Widgets to Digits analyzes the impact of the new flexible workplace on the issues of Employment discrimination, ownership of human capital, worker representation, employee benefits and income distribution. It proposes legal and institutional reforms to ensure the conditions of success in today's boundaryless workplace. Professor Stone contends that a constructive program for workplace justice must provide continuity in wages, on-going training opportunities, transferable skills, unambiguous ownership of individual human capital, and portable health and retirement benefits. She also advocates the creation of a reliable social safety net to ease transitions and cushion the fall for those who are left behind by the boundaryless workplace. From Widgets to Digits begins with a historical treatment of the changing workplace. It recounts the early twentieth century transition from artisanal era to industrial era job structures, and the current transition from industrial to digital era job structures. It then details the tension between the new boundaryless workplace and the labor and Employment law framework that was tailored to the earlier era. The book then focuses on several specific areas that require new policy directions - post-Employment restraints, Employment discrimination, employee representation, health insurance and pension benefits, and income distribution. In each area, it proposes new legal frameworks to redress the inequities and vulnerabilities of the new workplace.
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Employment and Labor, Regulation of
2001Co-Authors: Katherine V.w. StoneAbstract:Employment Regulation consists of the legal rules and institutions that constitute, govern, and structure the Employment relationship. Until recently, most industrial countries had Employment Regulation that provided most employees with job security and an adequate package of social protection. However, these Regulations have been relaxed in recent years as employers have moved away from hiring employees into long-term Employment relationships and have created many types of short-term Employment relationships instead. The decline of the standard form of Employment and the regulatory regime that supported it has given rise to a number of controversies involving Employment Regulation. In addition, the spread of global trade and the diffusion of production around the world have put pressure on industrial countries to dilute their Employment Regulation and lower their labor standards. However, as global production and trade continue to proliferate, social pressures are building for more labor law protections both in the developed and in the developing world. Hence Employment Regulation is not likely to disappear, but it will be transposed as part of the emerging international regime.
Valeria Pulignano - One of the best experts on this subject based on the ideXlab platform.
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workplace inequality trade unions and the transnational Regulation of the Employment relationships the case of europe
Employee Relations, 2017Co-Authors: Valeria PulignanoAbstract:Purpose The purpose of this paper is to report on research on the strategies of inequality at the workplace level of multinational corporations within the context characterized by the weakening of traditional bargaining and representation structures. Through which specific strategies multinational corporations foster inequality across different workplaces across borders and how do trade unions in Europe respond to it? Design/methodology/approach This paper is a conceptual one and it is based on existing qualitative comparative research developed by the author. Findings The regulatory regime of organized and governed labor markets and Employment relationships is undermined by the Employment relationships becoming increasingly unstable in most industrialized countries in Europe. The breakdown in the collective structures for Employment Regulation, particularly collective bargaining, has led to growing insecurity and inequality among working people. At the workplace level of multinationals inequality is fostered by strategies of flexibilization and benchmarking which force trade unions to negotiate concessions regarding the working conditions of different workers. Trade unions are seeking effective responses to increasing labor market instability and inequality. The paper argues that the transnational Regulation of Employment relationships through the European Framework Agreements (EFAs) can serve the purpose of constraining benchmarking, while containing workplace inequality. Originality/value This paper offers an in-depth view that the EFAs can constrain the multinationals’ strategies of benchmarking and workplace inequality. This is because EFAs can potentially spread across countries the positive gains of local negotiations where unions are able to negotiate on Employment protection to other local subsidiaries where unions may struggle to do so.
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bureaucracy transcended new patterns of Employment Regulation and labour control in the international automotive industry
New Technology Work and Employment, 2006Co-Authors: Valeria Pulignano, Paul StewartAbstract:Contemporary changes in patterns of work and management are alleged to have given rise to the post-modern organisation and the diminishing importance of traditional bureaucracy. This paper is concerned with the changing nature of labour control in new multi-enterprise settings in the international automotive sector. Rather than eliminating bureaucracy, the tools of industrial bureaucracy are becoming more sophisticated.
Lynette Harris - One of the best experts on this subject based on the ideXlab platform.
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Small firm responses to Employment Regulation
Journal of Small Business and Enterprise Development, 2002Co-Authors: Lynette HarrisAbstract:Examines the impact of Employment Regulation on owner‐manager approaches to the Employment relationship at the level of the individual firm. While there was no reported principled opposition to extending Employment rights as suggested by a number of earlier studies, the cumulative effect of recent legislation was perceived by owner‐managers to be reducing their competitiveness by placing costly and time‐consuming demands on the smaller business. The case study companies were increasingly formalising their Employment processes largely to defend their decisions against potential litigation. Despite certain acknowledged benefits, this increasing proceduralisation was held to be detrimental to the informality and flexibility viewed as essential to effective working relationships in the smaller enterprise. Continuing recruitment difficulties combined with the costs associated with expanding Regulation led the majority of the case study companies to identify an investment in automation and labour‐saving equipment as a preferable long‐term option to the expansion of the workforce.
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Employment Regulation and owner managers in small firms seeking support and guidance
Journal of Small Business and Enterprise Development, 2000Co-Authors: Lynette HarrisAbstract:As the volume and complexity of Employment legislation increases, small and medium‐sized enterprises (SMEs) without access to internal human resource expertise are increasingly vulnerable to litigation and its associated costs. The disproportionate impact of Employment Regulation on the small firm has long been a concern of SME owner‐managers and is expected to increase as a result of the recent rapid expansion of labour law in the UK. This paper will consider evidence from a recent survey of small businesses, which examined their main Employment concerns and the sources of advice they use on Employment relations matters. The survey’s findings illustrate the particular challenge increased Employment rights presents to the smaller organisation. It identifies a need for more intensive support tailored to the specific circumstances of individual firms in developing proactive approaches to human resourcing which not only comply with but also reflect the spirit of the legislation.
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Employment Regulation and owner‐managers in small firms: seeking support and guidance
Journal of Small Business and Enterprise Development, 2000Co-Authors: Lynette HarrisAbstract:As the volume and complexity of Employment legislation increases, small and medium‐sized enterprises (SMEs) without access to internal human resource expertise are increasingly vulnerable to litigation and its associated costs. The disproportionate impact of Employment Regulation on the small firm has long been a concern of SME owner‐managers and is expected to increase as a result of the recent rapid expansion of labour law in the UK. This paper will consider evidence from a recent survey of small businesses, which examined their main Employment concerns and the sources of advice they use on Employment relations matters. The survey’s findings illustrate the particular challenge increased Employment rights presents to the smaller organisation. It identifies a need for more intensive support tailored to the specific circumstances of individual firms in developing proactive approaches to human resourcing which not only comply with but also reflect the spirit of the legislation.
Sara Charlesworth - One of the best experts on this subject based on the ideXlab platform.
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Employment Regulation and Worker-Carers: Reproducing Gender Inequality in the Domestic and Market Spheres?
Women Labor Segmentation and Regulation, 2017Co-Authors: Sara Charlesworth, Fiona MacdonaldAbstract:This chapter examines how regulatory interventions such as unpaid parental leave, personal/carer’s leave, and a limited right to request flexible work arrangements have been used to mitigate some of the gendered consequences of the interaction of the domestic and market spheres. Our analysis, which focuses on the Australian case, suggests that such accommodations have not progressed gender equality but have worked to “adapt” worker-carers to the demands of substantially unchanged workplaces and Regulation. These institutions remain organized around the “ideal” male worker with few care responsibilities and thus reinforce the gendered division of labor in the workplace and the home. The case of paid care work draws attention to how Employment Regulation can reproduce the gendered undervaluation of non-standard work and shape outcomes for women.
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Intersections of Regulation, space and gender: retail banking in an Australian Regional Town
Community Work & Family, 2013Co-Authors: Sara Charlesworth, Marian Baird, Susie ElliottAbstract:This paper analyses the intersections of Employment Regulation, gender and space in the working lives of employees in three banks in an Australian Regional Town, contributing to a socio-spatial analysis of the impact of different levels of Regulation. Illustrating our analysis through a dispute around Saturday working at one of these banks, we argue that ‘place’ and ‘space’, in the location and organisation of these banking worksites and in the social organisation of family and market work, create a distinct and gendered pattern of opportunities and constraints for banking employees. The lived experiences of the workers negotiating, accommodating and resisting inadequate staffing and the unilateral imposition of new working time arrangements, highlight the dynamic and contradictory practice of Employment Regulation, both formal and informal, at the local and individual levels and the ways it intersects with space and gender to shape working lives.
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decent working conditions for care workers the intersections of Employment Regulation the funding market and gender norms
Australian Journal of Labour Law, 2012Co-Authors: Sara CharlesworthAbstract:In the funding market created by Australian state and federal governments to outsource the delivery of care services, governments are the only purchasers of community services provided by non-government agencies. The funding market for care work has shaped the Employment policies and practices of non-government agencies in the feminised community services sector, in ways that both constrain and trump protections provided through labour Regulation, including in the new Fair Work regime. This article documents key intersections and tensions between labour Regulation, the regulatory force of the funding market and gender norms, and their impact not only on wages, but also on the meagre working time standards that currently exist for many frontline care workers. The article also canvasses the potential of current regulatory options to ensure third parties, such as governments, have obligations to negotiate decent working conditions in the Employment they effectively control.
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Working lives in a regional town: Intersections of Regulation, space & gender
2011Co-Authors: Sara Charlesworth, Marian Baird, Susie ElliottAbstract:This paper explores how different scales of Employment Regulation intersect in the working lives of employees in three banks in a regional town. Drawing on a spatial perspective, we argue that ‗place' and ‗space', in the location and organisation of these banking worksites and in the social organisation of family and market work, create a distinct and gendered pattern of opportunities and constraints for banking employees. We focus on the ways these working spaces are shaped through external and internal Regulation and then in turn shape the working time arrangements of workers within them. Their lived experiences of negotiating, accommodating and resisting inadequate staffing, sales targets and, in one bank, the unilateral imposition of new working time arrangements show the dynamic and contradictory practice of Employment Regulation, both formal and informal, at the local and individual scales and the ways it intersects with space and gender to shape working lives.