| VOLUME 138, NUMBER 1 | 1999/1 |
With all the concern raised about the high levels of unemployment and social exclusion in the industrialized and transition economies it is too easy at the international level to lose sight of the enormous employment problems confronted by low-income developing countries. And when examined, the result too often is pessimism in the face of a challenge deemed overwhelming. In a significant assessment of the relationship between work and development, Henry Bruton and David Fairris construct a persuasive argument for taking the essential steps to institute a process of beneficial change to create what amounts to a virtuous circle. Applying the criteria of economic efficiency, social justice and well-being they build a strong case for giving high priority, even at the earliest stages of development, to workplace quality. It is, they argue, not only unnecessary to postpone concern with safety and health, worker participation and other components of workplace quality on efficiency grounds; it is also counterproductive quite apart from being inconsistent with workers' legitimate aspirations. Assuring meaningful work should not and need not be a serious objective only for the industrialized countries. Giving voice to workers may be one of the most effective means of fostering consciousness of the possibilities for improving efficiency, equity and well-being concurrently. The authors thus make a most constructive contribution to the long overdue renewal of the debate on development priorities. Turning to the industrialized countries, the next article by Alain Supiot synthesizes the results of an international and interdisciplinary examination of the transformation of work and the future of labour law in western Europe. The particular task reported on here is to guide the evolution of labour law in Europe. This entails drawing upon the respective strengths of jurists and social scientists, and taking account of both the commonalties and the conceptual and practical diversity within Europe. It also reflects the challenge posed to the State by the dual forces of globalization and regionalization. One of the many dilemmas confronted here is the extent to which traditional forms of labour law are still relevant and the extent of transformation in work that calls for important changes in labour law. There are pitfalls in exaggerating the importance of new forms of work just as there are in underestimating them and clinging on to an outmoded industrial model. The balance between tradition and change is examined in terms of the scope of labour law, occupational status, working time, workers' representation, and the role of the State. Supiot argues against hasty abstraction, and insists on a recognition of complexity before moving on to a synthesis. For example, certain forms of work organization (outsourcing, subcontracting) may be adopted either to circumvent labour law and thereby reduce labour costs in low-value-added sectors or to allow innovation in high-value-added areas, which implies that a general condemnation of such forms of work organization would be inappropriate, and perhaps a variety of employment contracts inevitable. But an acceptance of worker insecurity should not be seen as inevitable. The point is not deregulation but different regulation. Also, there is an echo of Bruton and Fairris here as he discusses the challenges facing mechanisms for worker representation (or voice). Supiot offers a subtle, reflective and constructive contribution to a much-needed debate on how labour law, trade unions and, especially, the State need to adapt to transformations under way not only in the world of work but also in society as a whole. His reflections on the foundations of the State show how difficult but how necessary it is for a new relationship to be forged between the State, the economy and society. These comments by way of introduction can only provide a hint of the significant insights presented here. Workers may lose their jobs as part of the usual process of adjustment to changes in technology, shrinking demand for particular goods or services, and for myriad other reasons. There is nothing especially new or alarming about the phenomenon when at the same time there are alternative jobs readily available, at equivalent or higher productivity and wages. In fact, that is likely to be necessary to the operation of an efficient and expanding economy and to the reduction of inequalities. However, a slowdown in economic growth, rapid inflation that discourages productive investment, sudden structural changes as part of adaptation to increased international competition, even bankruptcies that result from poor labour-management relations, disruptive strikes or incompetent management can lead to massive displacement and a dearth of decent alternatives. In such a situation, what matters most to the workers affected is not the cause but the remedies to which they have access. What legal recourse do they have? Is it possible to negotiate redeployment within the enterprise? Are resources available for retraining, job searching and geographical relo-cation? These are the concerns addressed in the article by Christine Evans-Klock, Peggy Kelly, Peter Richards and Corinne Vargha "Worker retrenchment: Prevention and remedial measures". The authors reviewed public policy and labour-management initiatives that arose from negotiated agreements in a number of industrialized countries and, in the results reported here, give an indication of best or at least good practice in managing pressures for retrenchment. As they point out, "it is not a reasonable public and social response simply to await the re-emergence of former jobs, or to assume that alternative jobs are readily available. There is a need for more active measures, to maximize the potential for labour redeployment within firms and to speed the retrenched workers into alternative jobs." Though of course complementary to employment-friendly macroeconomic policies, active measures that may need to be considered are highlighted in this useful overview. In a perspective, Patrick Bollé explains a number of innovations in labour statistics that will begin showing up in national and international data in the next few years as a result of the collective decisions taken by labour statisticians in late 1998. The statisticians tackled several difficult subjects, including how best to measure total earnings from work (not just basic wages); and how to define and then measure underemployment, in order to capture in labour stat-istics that category of people who are neither fully employed in gainful work nor totally unemployed. These are certainly not marginal concerns. Data in these areas will be critical to determining the difficulties in the existing employment situation and to finding appropriate remedies. Measurement is quite often the first step to recognition and then improved policy (e.g. for preventing occupational injuries). Also, as is explained here, the fact that labour statisticians from around the world meet periodically (at the ILO) to discuss and agree on modifications to the guidelines for labour statistics means that the data subsequently collected are, to the extent possible, relevant to diverse local situations and yet internationally comparable. This issue closes with book reviews and notes on a range of topics, in-cluding pension reform, enterprise downsizing, collective bargaining, child labour, labour law and women workers, as well as information on new ILO publications on the informal sector and the surveillance of workers' health, and reports for the 87th (1999) Session of the International Labour Conference on child labour, maternity protection, migrant workers, and safety and health in agriculture. |