919 resultados para labour law, work, instrumental regulation, labour market, regulation


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Includes bibliography

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Includes bibliography

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This paper analyses the factors affecting off-farm labour decisions of Italian farm operators. Using micro-level data from the Farm Business Survey (REA) over the pre- and post-2003 CAP reform periods, we investigated the impact that operator, family, farm and market characteristics exert on these choices. Among other things, the paper focuses also on the differential impact of those variables for operators of smaller and larger holdings. The main results suggest that operator and family characteristics have a significant impact on the decision to participate in off-farm work more for smaller than for bigger farms. By contrast, farm characteristics are more relevant variables for bigger farms. In particular, decoupled farm payments, by increasing the marginal productivity of farm labour, lower the probability of working off the farm only in bigger farms, while coupled subsidies in pre-reform years do not have a significant impact on labour decisions. Finally, we show that, after accounting for the standard covariates, local and territorial labour market characteristics generally have a low effect on off-farm work operators’ choices.

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"Das Prinzip der Freizügigkeit. Eine Idee für alle". Presentation (in German) by Charlotte Sieber-Gasser at the 2d Doctoral Seminar of the Center for Migration Law held in Oberdorf (Switzerland) on 30 November and 1 December 2012. In the presentation (in German), Charlotte Sieber-Gasser argues that there is a direct link between regional labour market integration, economic development and migration pressure. The link consists of the impact of labour market integration on added-value production: Through more added-value production in the global South, economic development in the region is more sustainable, jobs are created and brain drain is to a certain extent reversed. As this is acknowledged also by developing countries, more and more regional labour market integration measures emerge in the global South. These newer forms of regulation of the movement of labour is in some cases relatively unique and innovative. Charlotte Sieber-Gasser presents five examples of such newer regulation. The different models range from liberalisation restricted to high skilled labour and indirect liberalisation through the recognition of certificates to relatively far reaching liberalisation for particular groups of professionals and their families, also covering low skilled labour.

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Mode of access: Internet.

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Since the election of New Labour in 1997, young people's relationship to work and to the labour market has been the subject of intense scrutiny and policy activity. By equipping young workers with the qualifications and skills they are held to need in the knowledge economy, the government hopes to reconcile its quest for economic progress with the commitment to social justice for young people. However, as this article argues, the importance invested in this area of 'youth policy' overlays a more fundamental process of disengagement in which New Labour is presiding over the withdrawal of those traditional sources of support it has held out to the young. For this reason, the article concludes by suggesting that the importance that New Labour attaches to policy for young workers tells us more about the needs of government than it does about the needs of young people.

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The debate over labour market regulations in India is highly polarised. Advocates of labour market deregulation suggest that the labour law framework in the country confers disproportionate powers on workers and trade unions in the formal sector of the economy, resulting in industrial conflicts and poor productivity. Using workplace union survey data from the state of Maharashtra, this paper examines the veracity of these claims. Maharashtra is recognised as a state with a broadly pro-worker labour law framework. We find that even pro-worker labour laws at best offer only weak protection to workers and unions in the formal sector establishments. Unions find themselves increasingly vulnerable to employer hostility. We discuss these findings in the context of the role of state and judiciary in employment relations and of union links with political parties.

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At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work). In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law). As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of countries with a particularly high incidence of immigrant women (Italy and Spain).

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This article examines regulatory governance of the post-initial training market in The Netherlands. From an historical perspective on policy formation processes, it examines market formation in terms of social, economic, and cultural factors in the development of provision and demand for post-initial training; the roles of stakeholders in the longterm construction of regulatory governance of the market; regulation of and public providers; policy responses to market failure; and tripartite division of responsibilities between the state, social partners, commercial and publicly-funded providers. Historical description and analysis examine policy narratives of key stakeholders with reference to: a) influence of societal stakeholders on regulatory decision-making; b) state regulation of the post-initial training market; c) public intervention regulating the market to prevent market failure; d) market deregulation, competition, employability and individual responsibility; and, e) regulatory governance to prevent ‘allocative failure’ by the market in non-delivery of post-initial training to specific target groups, particularly the low-qualified. Dominant policy narratives have resulted in limited state regulation of the supply-side, a tripartite system of regulatory governance by the state, social partners and commercial providers as regulatory actors. Current policy discourses address interventions on the demand-side to redistribute structures of opportunity throughout the life courses of individuals. Further empirical research from a comparative historical perspective is required to deepen contemporary understandings of regulatory governance of markets and the commodification of adult learning in knowledge societies and information economies. (DIPF/Orig.)

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Paper prepared by Marion Panizzon and Charlotte Sieber-Gasser for the International Conference on the Political Economy of Liberalising Trade in Services, Hebrew University of Jerusalem, 14-15 June 2010 Recent literature has shed light on the economic potential of cross-border networks. These networks, consisting of expatriates and their acquaintances from abroad and at home, provide the basis for the creation of cross-border value added chains and therewith the means for turning brain drain into brain circulation. Both aspects are potentially valuable for economic growth in the developing world. Unilateral co-development policies operating through co-funding of expatriate business ventures, but also bilateral agreements liberalising circular migration for a limited set of per-sons testify to the increasing awareness of governments about the potential, which expatriate networks hold for economic growth in developing countries. Whereas such punctual efforts are valuable, viewed from a long term perspective, these top-down, government mandated Diaspora stimulation programs, will not replace, this paper argues, the market-driven liberalisation of infrastructure and other services in developing countries. Nor will they carry, in the case of circular labour migration, the political momentum to liberalise labour market admission for those non-nationals, who will eventually emerge as the future transnational entrepreneurs. It will take a combination of mode 4 and infrastructure services openings-cum regulation for countries at both sides of the spectrum to provide the basis and precondition for transnational business and entrepreneurial networks to emerge and translate into cross-border, value added production chains. Two key issues are of particular relevance in this context: (i) the services sector, especially in infrastructure, tends to suffer from inefficiencies, particularly in developing countries, and (ii) labour migration, a highly complex issue, still faces disproportionately rigid barriers despite well-documented global welfare gains. Both are hindrances for emerging markets to fully take advantage of the potential of these cross-border networks. Adapting the legal framework for enhancing the regulatory and institutional frameworks for services trade, especially in infrastructure services sectors (ISS) and labour migration could provide the incentives necessary for brain circulation and strengthen cross-border value added chains by lowering transaction costs. This paper analyses the shortfalls of the global legal framework – the shallow status quo of GATS commitments in ISS and mode 4 particular – in relation to stimulating brain circulation and the creation of cross-border value added chains in emerging markets. It highlights the necessity of adapting the legal framework, both on the global and the regional level, to stimulate broader and wider market access in the four key ISS sectors (telecommunications, transport, professional and financial services) in developing countries, as domestic supply capacity, global competitiveness and economic diversification in ISS sectors are necessary for mobilising expatriate re-turns, both physical and virtual. The paper argues that industrialised, labour receiving countries need to offer mode 4 market access to wider categories of persons, especially to students, graduate trainees and young professionals from abroad. Further-more, free trade in semi-finished products and mode 4 market access are crucial for the creation of cross-border value added chains across the developing world. Finally, the paper discusses on the basis of a case study on Jordan why the key features of trade agreements, which promote circular migration and the creation of cross-border value added chains, consist of trade liberalisation in services and liberal migration policies.

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This paper explores differences between men and women in levels of work satisfaction, employing data from the Australian component of the International Project on Class Structure and Class Consciousness. While moment tend to be concentrated in low-status, low-paid positions, that is the secondary labour market, the data suggest that, in general, they are more satisfied with paid employment than men. Employment constraints are found to be a key factor in the observed differences in levels of work satisfaction. For both groups, however, it is clear that work satisfaction derives primarily from work-related factors.

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Several problematic aspects of women's paid employment - e.g. low pay and lack of promotional opportunities - are exacerbated by the segregation of women and men into different occupations. In this article, the potential of in-store equal opportunities policies to break down such gender segregation will be explored, through consideration of the existence and implementation of these policies in twenty-two multinational retail companies in Dublin and Paris. It will be argued that, with one notable exception, the instore equal opportunities policies are effectively neutralized, and furthermore are neutralized in nationally specific ways which can be related to differences between France and Ireland in the organization of labour-market regulation and in women's labour-force participation (LFP). The case-study findings also suggest that the 'country' variable has a stronger effect on the existence and implementation of these policies than the extent of a shop's links to an overseas headquarters. The findings of this study have implications for both the equity of women's incorporation into the paid labour force and understanding of aspects of HRM in branches of multinational companies.

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A economia informal compõe o mundo do trabalho de todas as sociedades capitalistas, em menor ou em maior grau. No Brasil, historicamente observa-se que esse fenômeno tem sido sempre muito abrangente, sobretudo motivado pelo e resultante do contexto socioeconômico, jurídico e político. Devido às idiossincrasias nacionais, desde o surgimento do mercado de trabalho no país, esta situação persiste em diversos panoramas e com vários matizes, obstaculizando uma melhor performance global da economia brasileira e negando oportunidades de desenvolvimento individual e social ao longo do tempo. Sendo assim, e através do prisma da Economia Social e do Trabalho, o objetivo desta dissertação é analisar os principais fatores conjunturais e estruturais da informalidade observada no mercado nacional de trabalho no interregno 1980-2012, apresentando a dimensão desse problema e expondo suas raízes econômicas e institucionais, a fim de contribuir com novos elementos para o debate da informalidade em nível nacional. A hipótese central dessa pesquisa é de que o elevado GI no Brasil persiste essencialmente – mesmo que com diferentes especificidades históricas – ao nível das mentalidades dos diversos agentes, isto é, antes de ter-se um mercado nacional de trabalho com um alto GI, tem-se uma sociedade brasileira altamente informal. A instituição “trabalho informal” persiste como um hábito incrustado mesmo diante de mudanças de ordem socioeconômica, o que impede que grande parcela da população brasileira tenha acesso ao trabalho formalizado e decente (a là OIT). É mister que haja maior efetividade das leis e aprimoramentos institucionais acompanhados de coordenação e “vontade política”, alicerçados pela tomada de consciência crescente da sociedade civil no que se refere à importância da formalização e aos males da informalidade tanto para seus cidadãos quanto para a nação. Sugere-se como uma possível alternativa para diminuir o GI de forma mais consistente a consideração, para além dos aspectos econômicos e jurídicos, do arcabouço cultural, histórico, comportamental e dos hábitos sociais incrustados que os condicionam e os orientam. Isto porque são estes os eixos que norteiam o processo de desenvolvimento individual e social. Nesse sentido, o estudo (de caráter descritivo e analítico) é fundamentado pelas teorias sistêmicas e multidisciplinares desenvolvidas por Karl Paul Polanyi e Amartya Kumar Sen, interpretadas como artífices de uma vida digna, além de apregoarem o “reincrustamento” da economia na sociedade e, por analogia, o “desincrustamento” da informalidade institucionalmente enraizada na sociedade brasileira. Isso se dará à medida que forem expandidas as liberdades instrumentais e substantivas, em uma espécie de “causação circular cumulativa” aplicada à questão da informalidade, tendo como “efeito colateral altamente desejável” o desenvolvimento socioeconômico. As principais contribuições deste estudo emergiram justamente das concepções teóricas dos dois autores, combinadas aos nexos de convergência estabelecidos entre a economia brasileira, seus desdobramentos institucionais e a informalidade no mercado nacional de trabalho no período estudado.