Full Description
This open access book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth.
The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights.
This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers.
Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Universitat de València.
Contents
1. Introduction
Part I: The Origins of the Need for Labour Law and Parallels with the Current Context
2. The Origins and Evolution of Labour Law
3. Changes in the World of Work: Contemporary Labour Law
Part II: The Narrative in Labour Law: Justifications for and Objectives of Labour Regulations
4. The Quest for Efficiency
5. Economic Policy
6. Values: Unequal Bargaining Power and the Distribution of Wealth
7. The (Pre)Distribution of Wealth
8. Liberal Values, Human Rights and Labour Law
9. Distribution Between Workers: Equality
Part III: The Concept of "Genuine Business Owner" as a Determinant of Labour Law
10. The "Self-Employed" Do Not Exist
11. "Consolidated Organisational Structure" as a Criterion for Applying Labour Law
12. Conclusions: Myths about Labour Regulations and the Economy
