Re-Inventing Labour Law Enforcement: A Socio-Legal Analysis

Erscheinungsjahr 2023
ISBN: 978-1-5099-7430-6
Verlag: HART PUB

Buch, Englisch, 208 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 454 g

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.

Autoren/Hrsg.

Munkholm, Louise

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik
• Rechtswissenschaften Arbeitsrecht

Inhaltsverzeichnis

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

Über Autor(innen)

Munkholm, Louise
Louise Munkholm is Assistant Professor at the Department of Political Science and Public Management, University of Southern Denmark.