- Introduction
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Application of labour and employment law beyond the contract of employment
Mark FREEDLAND
The personal scope of employment law is the subject of much ongoing debate. Arguing that an exclusively contractual analysis of this domain is unsatisfactory, the author constructs a European-based empirical typology distinguishing the personal work relations of “standard employees”, public officials, “liberal professions”, individual entrepreneurial workers, marginal workers, and labour market entrants. These categories and their interrelationships are then analysed dynamically in terms of “personal work nexuses” – a concept encompassing complex legal ramifications beyond the contractual framework. The conclusions highlight the value of this analytical approach to recent efforts by the ILO and the European Commission to modernize labour law.
KEYWORDS: LABOUR CONTRACT, CONDITIONS OF EMPLOYMENT, LABOUR LAW, EU COUNTRIES, UNITED KINGDOM
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Beyond corporate codes of conduct: Work organization and labour standards at Nike’s suppliers
Richard LOCKE, Thomas KOCHAN,
Monica ROMIS and Fei QIN
What role can corporate codes of conduct play in monitoring compliance with international
labour standards and improving working conditions in global supply
chains? Addressing this question, the authors first summarize the results of research
on factory audits of working conditions in 800 of Nike’s suppliers in 51 countries and
two intensive case studies. They then discuss how the codes fit into the broader array
of institutions, policies and practices aimed at regulating and improving working
conditions, suggesting an evolutionary and complementary approach to regulating
working conditions in global supply chains. They outline additional research and
institutional innovations needed to test these ideas.
KEYWORDS: CODE OF CONDUCT, CORPORATE RESPONSIBILITY, LABOUR STANDARDS, WORKING CONDITIONS, VALUE CHAINS, MULTINATIONAL ENTERPRISE
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The distribution of earnings in OECD countries
Anthony B. ATKINSON
Earnings inequality in the OECD countries is commonly seen to have widened considerably
since 1980 – and this is generally explained by the steady increase in relative
demand for skilled labour due to skill-biased technical change and the growing
exposure of unskilled workers to international competition through globalization.
But this single explanation now looks questionable: the increase in inequality has
been uneven across countries, and greater earnings dispersion has mostly been
occurring at the top of the distribution. This article takes a fresh look at the evidence
and considers alternative explanations to supplement that provided by the race
between technology and education.
KEYWORDS: WAGE DIFFERENTIAL, EDUCATIONAL LEVEL, ECONOMIC MODEL, TREND, OECD COUNTRIES
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Outsourcing, offshoring and productivity measurement in United States
manufacturing
Susan HOUSEMAN
Productivity growth in a sector or economy is the economic basis for improvements
in workers’ wages. Recent growth of domestic and foreign outsourcing in developed
economies greatly complicates the measurement and interpretation of this key economic
indicator and may result in inflated and misleading increases in productivity
statistics. In the context of United States manufacturing, this article points to several
pieces of evidence that suggest these effects of outsourcing and offshoring on productivity
measures are significant. These factors may help explain why wage growth
for most United States workers has been relatively low in spite of high measured
productivity growth.
KEYWORDS: PRODUCTIVITY, MEASUREMENT, OUTSOURCING, MANUFACTURING, WAGES, USA
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The informal economy, insecurity and social cohesion in Latin America
Víctor E. TOKMAN
Most Latin American countries adopted the welfare state as a model, though developing
it in very different ways and, often, imperfectly because of structural differences
between them and the industrialized countries. Social protection coverage is
still patchy, with many informal-sector workers not covered and widespread public
feelings of insecurity. The author examines the complicated structural and labour
situation and the latest ideas in Latin America and the European Union to
strengthen social cohesion. He analyses approaches to incorporating the informal
sector into the modern sector, addressing social exclusion, combining flexibility for
employers with security for workers, and achieving near-universal social protection.
KEYWORDS: EMPLOYMENT SECURITY, WORKERS ’ RIGHTS, INFORMAL EMPLOYMENT, INFORMAL ECONOMY, SOCIAL COHESION, LATIN A MERICA
Notes, documents and communications
The European Commission’s Green Paper on labour law, by Joaquín GARCÍA MURCIA
Spain’s 2006 labour reform, by Juan GORELLI HERNÁNDEZ
The ILO Decent Work Research Prize
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Book reviews
Boundaries and frontiers of labour law: Goals and means
in the regulation of work. Reviewed by Geraldo VON POTOBSKY
Development with dignity: A case for full employment. Reviewed by Trilok Singh PAPOLA
Labour markets in Asia: Issues and perspectives. Reviewed by Gerry RODGERS
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