Re-inventing labour law enforcement : a socio-legal analysis

Bibliographic Information

Re-inventing labour law enforcement : a socio-legal analysis

Louise Munkholm

Hart, 2020

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Note

Includes bibiographical references (p. [176]-185) and index

Based on author's thesis (doctoral - Rosklide Universitet, 2016) under title: Reinventing tools for law enforcement : a socio-legal investigation of the promotion of workers' protection among Chinese firms in Prato, Italy

Contents of Works

  • Introduction
  • Theoretical Framework
  • Prato, Third Italy and the Chinese
  • The Organisation of Labour Law Enforcement in Italy
  • Conducting Inspections
  • Guidelines for Self-Regulation
  • Dialogue-Based Advice
  • Conclusions and Paths for Future Research

Description and Table of Contents

Description

This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato - a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

Table of Contents

1. Introduction I. Emerging Methods in Labour Law Enforcement: A Review of the Literature II. Research Design III. The Case of Prato IV. Structure of the Book 2. Theoretical Framework I. Introduction II. Law as a Social and Cultural Phenomenon III. Nonet and Selznick: Law and Society in Transition IV. Assessing the Typology - A Review of the Use of Nonet and Selznick's Model V. Conclusion 3. Prato, Third Italy and the Chinese I. Introduction II. Prato and Third Italy III. The Chinese in Prato IV. Conclusion 4. The Organisation of Labour Law Enforcement in Italy I. Introduction II. Sources of Italian Labour Law III. The Italian Labour Inspection System IV. Trade Unions as Local Enforcement Agents V. The Role of Consultants in Labour Law Enforcement VI. Conclusion 5. Conducting Inspections I. Introduction II. 'I Want Safety. Not Risks' III. Labour Inspectors at Work in Prato IV. Obstacles: Language, Fear and Conflicting Interests V. A Brief View on Inspection Activities in Prato in 2013-2016 VI. Conclusion 6. Guidelines for Self-Regulation I. Introduction II. Video Campaigning: 'Protecting the Safety and Rights of Chinese Workers' III. The ASL Guidelines: 'Indications for Risk Assessment' IV. The ASCI Questionnaire: An Integrated Checking Tool V. Conclusion 7. Dialogue-Based Advice I. Introduction II. Progetto Prato III. Law Technicians at Work IV. Conclusion 8. Conclusions and Paths for Future Research I. Introduction II. Analytical Findings: Labour Law Enforcement in Chinese Businesses in Prato, Italy III. Paths for Future Research

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