By Guy Davidov, Brian Langille
Exertions legislations has regularly been preoccupied with limitations. you may both be an 'employee' or now not, an 'employer' or now not, and the reply dictates who comes in the scope of work legislation, for larger or worse. yet such divisions have consistently been tricky, and lately their shortcomings became ever extra stated. The proliferation of latest paintings preparations and heightened worldwide festival has uncovered a world-wide drawback within the legislation of labor. it really is as a result well timed to re-assess the belief of work legislation, and the techniques, particularly, the age-old differences which are used to delimit the sector. This choice of essays, by means of best specialists from worldwide, explores the frontiers of our realizing of work legislation itself.
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Extra resources for Boundaries And Frontiers of Labour Law: Goals And Means in the Regulation of Work
Our task is to come to grips with these developments. But if my account of labour law’s structure is right, then the narrative is ‘all that there is’. There is therefore no escaping the conclusion that we need a new narrative. 6. IS A NEW NARRATIVE POSSIBLE? Let us begin with a note of optimism. The ILO is the ILO, not the IEO— that is, it is the International Labour Organisation not the International Employment Organisation. And the ILO’s current organising mantra is ‘Decent Work’, not ‘Decent Employment’.
This received wisdom of labour lawyers did not evolve in some formal legalistic realm. It cohered with and was made possible by the real world of the North American economy for much of the twentieth century. The real world of that ‘old’ economy provided the context, melded with, made necessary, made possible, and made available all of this is a way of thinking. Coase’s theory of the firm as a nexus of contracts explains that it is transaction costs that lead firms to decide to ‘build’ rather than to ‘buy’.
But the responsibility for performing this crucial task—and the power to do so—lies first and foremost within each legal system. In most countries this task is assigned to the courts; the role of other institutions, like Departments of Labour, has often been neglected. Harry Arthurs gives a number of explanations for the declining power of these bodies of government, and calls for their resurrection as advocacy agencies, that will seek to ensure the consideration of workers’ interests as part of the calculus, in every relevant public policy decision.