By Martin Vranken
Loss of life of Labour legislations? questions the on-going relevance of labour legislation in Australia and different Western industrialised societies within the twenty-first century. the strain among financial flexibility for company and social balance for employees is determined opposed to the backdrop of the Rudd government's 'Forward with equity' reform schedule and comparable proposals for swap within the eu Union. Martin Vranken retraces the delivery and next development of labour legislation and argues that it's basically a mechanism for worker security, no longer labour industry regulation.Death of Labour legislations? deals a clean standpoint at the present debate approximately labour legislation and the function of the country in Australian business and place of work kin.
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Additional resources for Death of Labour Law?: Comparative Perspectives
The perception of labour law as labour market regulation stands for the proposition that the government pursuit of employee protection cannot and does not occur in splendid isolation from other, at times competing, public interest Labour Law: Subject or Method? 39 objectives—such as competitiveness, productivity or employment opportunities. To use a somewhat tired slogan, no (lasting) social paradise was ever built on top of an economic graveyard. A practical compromise therefore may be to design a genuine (instead of a mere token) minimum floor of employee rights.
It is a perception that has been held widely across much of the Western industrialised world for most of the twentieth century. It is a perception that views labour law as necessarily going beyond the mere application of the rules of general law to the employment relationship. Rather, labour law is treated as an area of law with a mission: it is about employee protection law. For these ‘traditionalists’ or ‘purists’ the employer-employee relationship is fundamentally and inherently unequal. The relationship is fundamentally unequal because the inequality goes to the very core of that relationship.
The debate about employee status is arguably as old as labour law itself. 5 As the protective rules of labour law expand, pressure mounts to avoid situations where non-employees become caught up in its web. This presents the classic dilemma between legal (social) paternalism and contractual (economic) freedom. From a labour law perspective, though, the focus is squarely Employee Status 45 on countering abuse, in that certain employment situations risk being labelled relationships between equals whereas, in reality, they are not.
Death of Labour Law?: Comparative Perspectives by Martin Vranken