This important new study shifts the focus of scholarly and policy debates around the role of labour law in an era of globalisation away from the countries and labour law systems of the North to those of the global South. Placing its analysis within the context of the current scholarly debates on the challenges and future of labour law, the book critically reviews the relevant literature and reflects upon the way workers' protection tends to be conceptualised as well as on the adequacy of the legal categories and tools used to further it, with special attention given to the effectiveness of labour legislation to promoting gender equality. It argues that there is a mismatch between the realities of the developing world and the socio-economic, legal, political and cultural underpinnings of labour law, which originates from its development in post-colonial African and South Asian countries and, to a lesser extent, in Latin American ones. This divergence persists, while new manifestations have appeared due to globalisation.
The study contends that the structural features of developing countries combined with the challenges of globalisation have resulted in a significant number of workers falling outside the scope of protection of labour law, either de jure or de facto. Against this background, it explores the main regulatory and policy responses developed at different governance levels to enhance the scope and application of labour regulation in Latin America, South Asia and Southern Africa. This is a co-publication with the International Institute of Labour Studies.
Tzehainesh Tekle is a member of the International Institute for Labour Studies of the International Labour Organization.
1. Workers' protection and labour law in the South: An evolving tension between models and reality Tzehainesh Tekle 1.1 Strengthening the presence of southern perspectives in the current debates on labour law 1.2 A n analytical approach to studying the impact of labour law in the South 1.3 The structure of the book 1.4 The challenge of the mismatch between socio-legal categories and reality 1.4.1 The structural features of the world of work and labour law 1.4.2 A world of work in evolution 1.5 The problem of enforcement: Structural and new dimensions 1.6 L abour law and gender equality 1.6.1 The gendered construction of the law 1.6.2 Labour law and the promotion of gender equality at work 1.6.3 The interactions of labour law with other branches of law and non-state sources of law 1.6.4 The impact of globalization 1.7 C onclusions PART I. Worker access to labour law protection: Historical challenges and the impact of globalization 2. The effectiveness of labour law and decent work aspirations in the developing countries: A framework for analysis Rachid Filali Meknassi 2.1 Introduction 2.2 The ineffectiveness of labour law as an expression of socio-legal pluralism 2.2.1 One labour law, many labour law systems 2.2.2 Inadequate integration into the dominant trade networks: The main source of legal ineffectiveness in the southernCountries 2.3 The ineffectiveness of labour law: A symptom of the decent work deficit 2.3.1 The ineffectiveness of workers' rights and poor overall effectiveness of law 2.3.2 A fair globalization: A factor in promoting decent work and effective rights 3. Trade liberalization, labour law and development: A contextualization Adelle Blackett 3.1 Introduction 3.2 The foundations of multilateral trade: Embedded liberalism and the convenience of colonialism 3.3 The inherent tension between trade liberalization, labour law, and the role of the contemporary state in post-colonial developing economies 3.4 The terrain of labour law reform in developing countries 3.4.1 Mexico 3.4.2 The Caribbean Community (CARICOM) 3.4.3 Mauritius 3.4.4 Cambodia 3.4.5 The Republic of Korea 3.5 T owards a globally embedded liberalism PART II. Labour law and worker protection in the South: Regional perspectives 4. Labour law in Latin America: The gap between norms and reality Graciela Bensusan 4.1 Introduction 4.2 The evolution of labour law, and the economic and political context 4.3 Worker protection under labour law: Old and new problems 4.3.1 The limited scope of labour law 4.3.2 Recent responses to changing forms of work 4.3.3 Problems relating to enforcement mechanisms 4.4 Gender equality: The case of Mexico 4.4.1 The legal framework and the situation of women workers in the labour market 4.4.2 The situation in the export-oriented maquilagarment industry 4.5 C onclusions 5. Labour law: A southern African perspective Colin Fenwick, Evance Kalula, and Ingrid Landau 5.1 Introduction 5.2 The evolution of labour law in southern Africa 5.2.1 Colonization 5.2.2 Post-independence 5.2.3 Economic liberalization 5.2.4 Democratization 5.2.5 The role of the ILO 5.2.6 Regional integration 5.2.7 Concluding remarks 5.3 The challenges facing labour law in southern Africa5.3.1 The socio-economic environment 5.3.2 The relationship of labour law to economic objectives 5.3.3 The scope of the employment relationship and changing patterns of work 5.3.4 The limited capacity of labour law institutions 5.4 Gender equality in Lesotho: A case study 5.4.1 The legal and policy framework 5.4.2 The role of labour law in reinforcing the existing gender inequalities5.4.3 Proposed labour law amendments 5.4.4 The enforcement of labour laws 5.4.5 Complementarities between labour laws and other laws 5.4.6 Concluding remarks 5.5 Conclusions 6. Labour laws in South Asia: The need for an inclusive approach Kamala Sankaran 6.1 Introduction 6.2 Historical evolution 6.3 L abour law in South Asia: Features and proposals for reform 6.3.1 Features of labour law in the South Asia region 6.3.2 Current debates around labour law 6.4 L aw and gender equality 6.4.1 The gendered notion of "work" 6.4.2 The gendered notion of labour law 6.4.3 The gendered impact of "neutral" laws: Examples 6.4.4 The nature of the labour law for women: Equality or protection? 6.4.5 Night work by women 6.5 Conclusions