Monday, March 24, 2014
I just posted on SSRN an article I've co-authored with a slew of other folks. My purpose in blogging it, however, is not so much the content of the article, but the process of creating it. The article grew out of a panel presentation I gave last May at a LawAsia Employment conference. At that conference, I and attendees from several other countries learned from each other that although labor outsourcing is prevalent in all of our countries, the approach to legally regulating it varies considerably. We decided that we'd each write a summary of our country's laws; I then collected the summaries, organized them into an article, added a section comparing and contrasting the different approaches, and found a journal to publish it.
What I've particularly enjoyed about this project is the opportunity it's given me to work with labor/employment practitioners throughout the world. I'm looking forward to collaborating with them on future projects, and next time I'm in Istanbul or Jakarta or Melbourne or Beijing, I'll have a new friend there happy to show and introduce me around.
Anyway, the article is A Comparative Analysis of Labor Outsourcing (forthcoming Arizona J. Int'l & Comparative L. (2014 )). Here's the abstract:
This article compares the laws and the practice of labor outsourcing in five countries: Australia, China, Indonesia, Turkey, and the United States. The article finds both significant similarities and differences among the countries. For example, labor outsourcing is globally prolific and seems to be increasing. However, the general legal approach to regulating it varies considerably, with some countries adopting a regulatory model, others a hybrid regulatory-contractual model, and others not regulating it at all. Similarly, the scope of legal regulations varies considerably by country: some focus on protecting existing employees, other focus on curbing exploitation of workers performing outsourced work; some countries regulate the types of work that can be outsourced or subcontracted and others regulate the firms that can provide labor outsourcing services. Thus, a thorough understanding of labor outsourcing can be achieved only from considering the different perspectives and legal regimes in which it operates.
I spent my spring break in Modena, Italy, where every March since 2003, the Marco Biagi Foundation (MBF) at the University of Modena and Reggio Emilia has hosted an international conference devoted to international and comparative employment and labor relations. I’ve attended the event annually since 2007, making this my eighthconsecutive year as a conference participant. The conference was held on March 18th and 19th, with a pre-conference Young Scholars’ Workshop taking place on March 17th.
This year’s conference, “Labour and Social Rights: An Evolving Scenario,” centered on the challenges involved in providing employment-related social protection programs at a time when more and more people work outside of traditional employment relationships. (Social protection, loosely defined, consists of the programs that form the social safety net, including, among other things, unemployment insurance, job retraining efforts, workers’ compensation, disability insurance, and publically provided pensions.) Particular attention was given to the economic forces changing standard employment relationships, the values and interests that should be protected as new types of work emerge, and the theories and strategies that should anchor new forms of protection for working people. Participants addressed these issues from a number of disciplines including law, industrial relations, economics, and human resource management.
As an American, I was struck by the extent to which neoliberalism and austerity continue to drive public policy in many countries, especially in the EU. To the chagrin of many scholars at the conference, the quest for workplace “flexibility” has not abated despite the continuing labor market crisis, which manifests itself in elevated unemployment in many nations. Similarly notable was the concern voiced by commentators about the rise in precarious work and the weakening power of trade unions. These problems are not new but they have been greatly exacerbated by the economic conditions beginning in 2008. Clearly, we in the US are not alone.
On the upside, it is apparent that scholars are eager to theorize beyond the traditional, paradigmatic employment relationship with the goal of extending vital social security protections to greater numbers of people. Rather than clear solutions, it seems we are in a period of complex problem-solving. This requires patience and fortitude, as new models are posed and their utility evaluated. Ultimately, however, this period of theorizing will come to nothing without political movements demanding change from elected representatives. In the meanwhile, however, it’s possible to expand one’s thinking about the existing challenges through interaction with labor and employment scholars from other countries.
I was particularly pleased to see prominent US scholars in the program this year. Trina Jones (Duke) gave an insightful paper on the contemporary challenges facing U.S. civil rights law. Mike Zimmer (Loyola U., Chicago) and Michael Fischl (Connecticut) addressed different aspects of the challenges facing unions with the former suggesting ways in which transnational unionism might be enabled and the latter gleaning lessons from the way low wage union organizing campaigns have strategically deployed traditional labor law and non-labor law claims.
As for me, I served as chair for a panel titled “Social Dialogue and Labour Standards,” which covered six papers written by professors from six countries: Germany; Russia; South Africa; Ireland; Italy; and Brazil. The discussion on this panel was very diverse since the papers were on six very different subjects. Even so, common themes were evident. The papers dealt with the way our understanding of what counts as ‘work’ is evolving and changing over time, as is our willingness to think about the rights and protections all people who work should be entitled to.Another theme that emerged from the panel was the variety of mechanisms that can be used to provide voice to the concerns of the most vulnerable workers.
In addition to chairing the panel, I helped organize and was a commentator at the MBF’s annual Young Scholars’ Workshop. This was my third year of involvement with this portion of the annual conference events. This year we heard and commented on papers from Ph.D. students from the U.K., the U.S., Italy, Hungary, and Spain. There were eight papers presented in all. Creating ties with the new generation of comparative scholars is one of the most exciting parts of the conference. The quality of the scholarly work they are doing is impressive.
Over time, the MBF has become my academic home-away-from-home. I have been privileged to serve on the Foundation’s International Council since 2009, and two weeks ago was appointed to the MBF’s Scientific Committee, the academic advisory board that advises the Foundation on all of its scholarly projects. The Scientific Committee met in Modena during the conference to discuss and approve the theme for the Thirteenth International Conference in Commemoration of Marco Biagi. The theme, tentatively stated, is: Employment Relations and Transformation of the Enterprise in the Global Economy. Stay tuned for the call for papers. I hope many of you will consider submitting a proposal.
Sounds like it was great, Susan. Thanks!
Thursday, March 21, 2013
We posted here an announcement of the Eleventh Conference in commemoration of Prof. Marco Biagi. The Conference, organized by the Marco Biagi Foundation, took place in Modena (Italy) on 18 and 19 March 2013. Susan Bisom-Rapp (Thomas Jefferson) attended and presented, and I asked her to prepare a short description of the Conference for us, both to describe the Conference itself and also to talk about why the Conference might be of interest to American LEL professors. Here's her report:
Every year since 2003, the Marco Biagi Foundation has hosted an international conference in Modena, Italy devoted to international and comparative employment and labor relations. This year’s conference, The Transnational Dimension of Labor Relations: A New Order in the Making?, brought together scholars from Europe, Africa, and the Americas, who analyzed the challenges of regulating work, promoting labor standards, and addressing increasing economic inequality in the wake of the global economic crisis. Particular attention was given to new forms of transnational collective bargaining, emerging hard and soft law techniques to influence the conduct of transnational corporations, the difficulty of establishing fair conditions of work for migrants, and the lack of a clear hierarchy of law-making authority at the international level. Participants addressed these issues from a number of disciplines including law, industrial relations, economics, and human resource management.
Part of the University of Modena and Reggio Emilia, Italy, the Marco Biagi Foundation is also home to the International Doctoral Research School in Labour Relations, which promotes PhD work that is comparative and interdisciplinary. To advance the work of its own students, and establish links with PhD and post-doctoral students around the world, the Foundation launched its Young Scholars’ Workshop last year. This year, we heard and commented on papers from PhD students from Norway, Italy, Spain, South Africa, Austria, Estonia, and Hungary. The chance to provide feedback from an outsider’s perspective – that of an American law professor – was fun for me and, I hope, helpful for them. For me, this session has become a highlight of the annual conference.
Mike Zimmer (Loyola University Chicago) and I were first introduced to the Foundation’s annual conference in 2007 by our co-author Roger Blanpain (Universities of Leuven and Tilburg, Belgium and the Netherlands). Roger, a prolific scholar in the field of comparative labor and employment law, attends most years, as do some of the most influential scholars in that field, including Manfred Weiss (J.W. Goethe University, Frankfurt, Germany), Csilla Kollonay-Lehoczy (Central European University, Budapest, Hungary), Jacques Rojot, (University of Paris II – Panthéon Assas, France), Alan Neal (University of Warwick, U.K.), and Janice Bellace (The Wharton School, University of Pennsylvania). The opportunity for conversations and exchange with these scholars and others has kept me coming back to Modena annually since then. It has also led to my fruitful collaboration with Malcolm Sargeant (Middlesex University Business School, London, U.K.), with whom I have written several articles on comparative age discrimination law. Serving on the Foundation’s international council has helped me understand the challenges facing higher education in Europe. I recommend this kind of involvement to American legal scholars interested in a fresh perspective on the challenges and possible solutions to the problems we confront at home. I only worry that in this age of austerity and shrinking travel budgets, it will become increasingly difficult for those in the American legal academy to participate in conferences outside our borders. Finding ways to do it may take some creative planning, but, at least in my experience, it will be well worth the effort.
Many thanks, Susan!
Thursday, February 28, 2013
From Michele Tiraboschi, ADAPT Scientific Coordinator:
ADAPT is pleased to announce that it will start the selection procedures for 3-to-6 month internships in Italy in the areas of labour law, industrial relations and HRM, which will be hosted by ADAPT or its partners.
If selected, interns will be provided full accommodation in a cosy apartment in the Upper Town of Bergamo (Italy) plus an allowance amounting to 400 Euros.
ADAPT is a non-profit organization set up by Marco Biagi in 2000 with the aim of promoting research in the field of Industrial and Labour Relations from a comparative and an international perspective. Our purpose is to encourage and implement a new approach to academic research, by establishing long-term relationships with other universities and advanced studies institutes, and promoting academic and scientific exchange programs with enterprises, institutions, foundations and associations.
Those interested in joining the ADAPT community through an internship might send their CV and a cover letter to email@example.com. A Brochure for ADAPT can be found here and the Brochure for International Doctoral School in Human Capital and Labour Relations can be found here.
Thursday, December 1, 2011
I'm thrilled today to add to our compilation of LEL scholars from around the world. Please join me in thanking Orly Lobel (San Diego; visiting Tel Aviv U.; new ALI member) for compiling this list:
- Yuval Feldman
College of Management
- Shlomit Yaniski-Ravid
- Faina Milman
- Sagit Mor
- Moti Mironi
- Einat Albin
- Avishai Benish
- Guy Davidov
- Lilach Luria
- Sharon Rabin-Margaliot
- Yuval Procaccia
Netanya Academic College
- Hadara Bar-Mor
- Michal Horovitz
Ono Academic College
- Amir Paz-Fuchs
- Shlomit Yaniski-Ravid
Ramat Gan Academic Center of Law and Business
- Yossi Dahan
- Tally Kritzman
Tel Aviv University
- Guy Mundlak
- Hila Shamir
- Yoffi Tirosh
- Tami Katz-Kricheli
- Orly Lobel (visiting professor from San Diego 2011-2012)
Monday, November 14, 2011
Judy Fudge (Victoria) just posted on SSRN her article The Precarious Migrant Status and Precarious Employment: The Paradox of International Rights for Migrant Workers. Here's the abstract:
Many civil society organizations and advocacy groups consider international human rights norms to offer a more promising avenue for protecting migrant workers from precarious employment than do claims based upon citizenship and the nation state. However, there is little research on how international right instruments specifically designed to protect migrant workers’ rights address the factors that make migrant workers’ employment precarious. The paper provides a taxonomy that maps the link between migrant status and precarious employment, which it uses to explore the nexus between precarious migrant status and precarious employment in the three “low-skill” streams – the Seasonal Agricultural Workers Program, the Live-in-Caregiver Program, and the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D) – in the Canadian Temporary Foreign Worker Program. After demonstrating the relationship between precarious migrant workers and precarious employment, the paper evaluates the capacity of international human rights instruments specifically designed for migrant workers to the address the problem of precarious employment. It finds that the main problem with relying on the international migrant workers’ rights instruments is that they defer to the principle of state sovereignty over immigration policy and accept the right of states to impose restrictions on non-national’s employment rights in exchange for the privilege to enter host state territory. What these instruments do is limit the duration of employment restrictions to two years. The problem is that allowing states to tie a migrant worker’s work authorization to a specific employer for two years permits state-sanctioned subordination of migrant workers to employers and creates a situation ripe for abuse. To break the link between precarious migrant status and precarious employment it is crucial for nation states to develop forms of restrictions on migrant workers mobility, such as sectoral and occupational work authorizations, that are less likely to be as exploitative as authorizations that tie migrant workers to specific employers.
Wednesday, July 27, 2011
Yesterday, I was thrilled to post Daria Chernyaeva's compilation of labor/employment scholars in the area comprising the former Soviet Union. Today I am equally thrilled to post Paul Harpur's compilation of labor/employment scholars in Australia.
Australian National University
University of Adelaide
University of New South Wales
University of Melbourne, Centre for Employment & Labour Relations Law
- John Howe
- Helen Anderson
- Anna Chapman
- Sean Cooney
- Beth Gaze
- Glenn Patmore
- Joo-Cheong Tham
- Colin Fenwick
- Tess Hardy
- Tessa Dermody
University of Queensland
University of Sydney
Tuesday, July 26, 2011
Daria Chernyaeva (National Research University - Higher School of Economics - Moscow) has graciously compiled a list of the names and contact information for labobor/employment scholars in the area comprising the former Soviet Union. Hopefully, this will open the door to much future collaboration.
Daria has suggested -- and I think it's a terrific idea -- that we solicit similar lists from all over the world. If you're a scholar from outside the U.S., please consider compiling a list like this one and sending it to me so I can post it. If you're a reader inside the U.S. and you know someone outside the U.S. who might be willing to compile a list of scholars in their home country, please ask them to do so.
- Prof. Yuriy Petrovich Orlovskiy, LLD - National Research University – Higher School of Economics, law faculty, head of the labour law department: firstname.lastname@example.org; tel.: + 7 495 953 17 91.
- Prof. Nina Alekseevna Brilliantova, PhD - Academy of Labour and Social Relations, law faculty, vice head of the labour law department: email@example.com.
- Associate Prof. Daria Chernyaeva, LLM, PhD - National Research University – Higher School of Economics: firstname.lastname@example.org; tel.: +7 916 808 83 80 ; fax +7 495 455 99 66.
- Associate Prof. Nikita Lyutov, PhD - Moscow State Academy of Law, labour law department: email@example.com.
- Associate Prof. Elena Zabramnaya, PhD, - Moscow State University, law faculty, labour law department: firstname.lastname@example.org.
- Associate Prof. Yulia Korsanenkova, PhD – Moscow State University, law faculty, labour law department: email@example.com.
- Col. Vera Kurochkina, PhD – Moscow University of the Ministry of Home Affairs, head of the department of labour and ecologicy law; tel.: +7 495 335 50 55.
- Mrs. Anna Gvozditzkikh – partner at the Center for labour and social rights: firstname.lastname@example.org; tel.: +7 495 729 39 06 ; tel./fax: +7 495 721 95 58.
- Prof. Alia Favarisovna Nurtdinova, LLD - Constitutional Court of the Russian Federation, head of the Department for constitutional foundations of labour legislation and social protection: email@example.com.
- Prof. Sergey Petrovich Mavrin, LLD - Constitutional Court of the Russian Federation, deputy chairman; also works for St. Peterburg State University, law faculty, department of labour law and occupational safety and health : firstname.lastname@example.org; tel.: +7 812 329 28 32.
- Prof. Yevgeniy Borisovich Khokhlov, LLD - St. Peterburg State University, law faculty, head of the department of labour law and occupational safety and health: email@example.com; tel.: +7 812 329 28 32.
- Associate Prof. Alexander Zavgorodniy, PhD – St. Peterburg University, law faculty, labour law department: firstname.lastname@example.org; tel.: +7 812 329 28 32 ; fax: +7 812 329 28 00.
- Prof. Marina Vladimirovna Lushnikova, LLD - Yaroslavl’ State University, law faculty, vice dean on research activity: email@example.com; tel.: +7 0852 72 83 82.
- Prof. Svetlana Yurievna Golovina, LLD - Ural State Law Academy, head of the labour law department: firstname.lastname@example.org, email@example.com , firstname.lastname@example.org ; +7 343 245 09 26
- Prof. Leonid Yurievich Bugrov, LLD – Perm State University, law faculty, head of the labour law department: email@example.com; tel.: +7 3422 39 65 49.
- Associate prof. Marina Sedelnikova, PhD – Omsk State University, law faculty, head of the labour law department: firstname.lastname@example.org.
- Mrs. Tatiana Zykina, PhD - Arkhangelsk State Technical University, law faculty, head of the civil law department: email@example.com; tel.: +7 8182 62 78 95 ; tel./fax: +7 8182 61 91 73.
- Associate Prof. Filchakova Svetlana, PhD – Baikal State University of Economics and Law, faculty of civil and entrepreneurial law, vice-dean of the faculty: firstname.lastname@example.org ; tel.: +7 3952 24 09 43.
- Mrs. Elena Petrova, PhD – Siberia Federal University, Law Institute, deputy director of the Institute: email@example.com.
- Associate Prof. Tatiana Postovalova, PhD – Belorussian State University, law faculty, department of civil procedure and labour law: firstname.lastname@example.org.
- Associate Prof. Tomashevskiy Kirill, PhD – International Institute of labour and social relations (Minsk), law faculty, dean of the faculty: email@example.com
- Prof. Kasumov Alysh Mamish Ogly, LLD - State University of Baku, law faculty, head of the department of civil procedure, labour law and ecological law: firstname.lastname@example.org; tel./fax: +994 12 510 56 25 ; +994 12 438 74 32.
- Associate Prof. Oksana Lavriv, PhD, - Lvov State University of Interior, Prikarpatskiy Law Institute of the University, civil law department: email@example.com; tel.: +380 97 981 06 03; fax: +342 73 51 75.
- Associate Prof. Alla Yushko, PhD, - National University “Yaroslav Mudryy Law Academy of Ukraine”, law faculty, labour law department: firstname.lastname@example.org; tel.: +380 57 704 92 15 ; +38 050 972 00 16.
- Mrs. Alla Shirant, labour lawyer: email@example.com; tel.: +380 63 233 51 51 ; +44 404 48 25.
- Mrs. Irine P. Lavrinchuk, PhD, - Verkhovna Rada (Parliament) or Ukraine, division on social and labour Issues, chief scientific and expert department, chief scientific adviser of the department. Mailing address: apt. 17.32/v, G. Gongadze av., Kyiv, Ukraine. - tel. office: + 380 44 235-79-12 ; tel. home: + 380 44 433-73-48 ; Mobile tel: 067 935 64 59 ; e-mail: firstname.lastname@example.org.
- professor Oleg Nikolaevich Yaroshenko, LLD, - National university "Yaroslav Mudryy law academy of Ukraine", labour law department: email@example.com; tel.: +380 95 615 13 40.
- Professor Sergey Nikolaevich Prilipko, LLD, - National academy of legal sciences of Ukraine, Institute of the legal support of innovative development, director of the Institute: firstname.lastname@example.org (the same as for prof. Yaroshenko) ; tel.: +380 50 304 01 30.
- Professor Nikolay Ivanovich Inshin, LLD, - Taras Shevchenko national university of Kiev, department of labour, ecological and agrarian law: email@example.com (the same as for prof. Yaroshenko) ; tel.: +380 50 641 13 83.
- Mr. Mykhaylo Shumylo, PhD, - National academy of Ukrain, V.M. Koretzkiy Institute of state and law, scientific associate: firstname.lastname@example.org; tel./fax: +380 44 278 59 94 ; mobile tel.: +380 67 293 11 83.
- Mrs. Svetlana Bortnik, - Verkhovna Rada (Parliament) of Ukraine, division on social and labour Issues, chief scientific and expert department, chief scientific adviser of the department. Mailing address: 04053 Ukrain, Kyev, Nesterovskiy per, 4-615 ; e-mail: email@example.com ; tel.: +380 44 235 79 16 ; mobile tel.: +380 50 900 29 56.
- prof. Natalia Nikolaevna Khutoryan, LLD - National academy of Ukraine, V.M. Koretzkiy Institute of state and law, department of problems of civil, labour and entrepreneurial law, head scientific researcher; also is a corresponding member of the National academy of legal sciences of Ukraine: firstname.lastname@example.org; Tel./fax: +380 44 278 59 94.
* * *
Here is the list of the labour law departments (or departments that include labour law subdepartments or give lectures in labour and employment law) at the law faculties of the leading Russian universities. Take into account that not all of the addresses are “active” since some departments and faculties have no habit of e-mail communication and will probably not answer anything except an official paper letter.
- National Research University Higher School of Economics – labour law department : email@example.com
- Moscow State University – labour law department: firstname.lastname@example.org.
- St. Peterburg State University – labour law department: email@example.com.
- Novosibirsk State University: - there is no labour law department e-mail address; law faculty address is firstname.lastname@example.org.
- Far East State University - there is no labour law department e-mail address; law faculty address is email@example.com.
- Saratov State Academy of Law – labour law department: firstname.lastname@example.org.
- Ural State Law Academy – labour law department: email@example.com.
- Irkutsk State University – labour law department: firstname.lastname@example.org.
- Siberia Federal University – department of labour and ecological law (e-mail address of the head of the Law Institute of the University): email@example.com; e-mail address of the law faculty: firstname.lastname@example.org.
- International Independent Ecological-Politological University – there is no labour law department e-mail address; law faculty: email@example.com.
- State University of Nijniy Novgorod - there is no labour law department e-mail address; law faculty: firstname.lastname@example.org.
- Tver State University – there is no labour law department e-mail address; law faculty: email@example.com.
- Mari State University – there is no labour law department e-mail address; law faculty: firstname.lastname@example.org.
- Khabarovsk State Academy of Economics and Law – there is no labour law department e-mail address; law faculty: email@example.com.
- Moscow Institute of Economics, Politics and Law – there is no labour law department e-mail address; general institute e-mail address: firstname.lastname@example.org.
- Perm State University – labour law department: email@example.com ; law faculty: firstname.lastname@example.org; email@example.com.
- Omsk State University – e-mail address of the labour law department: firstname.lastname@example.org.