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Enhancing Capabilities through Labour Law

Enhancing Capabilities through Labour Law Author Supriya Routh
ISBN-10 9781317910664
Release 2014-03-26
Pages 284
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In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.

Workers and the Global Informal Economy

Workers and the Global Informal Economy Author Supriya Routh
ISBN-10 9781317445241
Release 2016-04-20
Pages 240
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The global financial crisis and subsequent increase in social inequality has led in many cases to a redrawing of the boundaries between formal and informal work. This interdisciplinary volume explores the role of informal work in today’s global economy, presenting economic, legal, sociological, historical, anthropological, political and cultural perspectives on the topic. Workers and the Global Informal Economy explores varying definitions of informality in the backdrop of neo-liberal market logic, exploring how it manifests itself in different regions around the world, and its relationship with formal work. This volume demonstrates how neo-liberalism has been instrumental in accelerating informality and has resulted in the increasingly precarious position of the informal worker. Using different methodological approaches and regional focuses, this book considers key questions such as whether workers exercise choice over their work; how constrained such choices are; how social norms shape such choices; how work affects their well-being and agency; and what role culture plays in the determination of informality. This interdisciplinary collection will be of interest to policy-makers and researchers engaging with informality from different disciplinary and regional perspectives.

Global Justice and International Labour Rights

Global Justice and International Labour Rights Author Yossi Dahan
ISBN-10 9781316538968
Release 2016-04-15
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Despite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.

Labour Law Reforms in India

Labour Law Reforms in India Author Anamitra Roychowdhury
ISBN-10 9781351058858
Release 2018-03-28
Pages 314
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Labour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India’s ‘jobless growth’ may be attributed to labour laws. There is a pervasive view that the country’s low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers’ bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers’ rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.

Informal Labor Formal Politics and Dignified Discontent in India

Informal Labor  Formal Politics  and Dignified Discontent in India Author Rina Agarwala
ISBN-10 9781107311107
Release 2013-04-08
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Since the 1980s, the world's governments have decreased state welfare and thus increased the number of unprotected 'informal' or 'precarious' workers. As a result, more and more workers do not receive secure wages or benefits from either employers or the state. This book offers a fresh and provocative look into the alternative social movements informal workers in India are launching. It also offers a unique analysis of the conditions under which these movements succeed or fail. Drawing from 300 interviews with informal workers, government officials and union leaders, Rina Agarwala argues that Indian informal workers are using their power as voters to demand welfare benefits from the state, rather than demanding traditional work benefits from employers. In addition, they are organizing at the neighborhood level, rather than the shop floor, and appealing to 'citizenship', rather than labor rights.

Worker Identity Agency and Economic Development

Worker Identity  Agency and Economic Development Author Elizabeth Hill
ISBN-10 9780415566094
Release 2010
Pages 210
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More than nine out of every ten working women in India are employed in the informal economy, unprotected by labour laws and excluded from basic forms of social security. They work as daily labourers in the fields, small producers and industrial outworkers in their own homes and as vendors on the streets. These workers typically receive very low wages and experience extreme forms of social, economic and political marginalisation. This book examines what types of interventionscan improve the well-being of women working in the Indian informal economy. Using the case study of the Self Employed Women’s Association, Worker Identity, Agency and Economic Developmentargues that work-life reform for informal women workers has moral and social dimensions, as well as economic. Drawing on the work of social philosopher Axel Honneth, the bookargues that worker agency is critical to the process of work-life reform in the informal economy. Using empirical data collected amongst SEWA members the study shows that there is a positive and developmental relationship between a worker’s identity, or psychological integrity, and her actual capacity to engage in the political economy for constructive change. The study shows that membership based organisations can promote the social foundations of recognition and respect that are critical to identity and agency, as well as provide worker’s with real opportunities to develop alternative non-exploitative economic institutions that deliver improved wages and social security. But in organizing informal workers for collective action the existing distribution of power and wealth, as well as gender privilege are challenged. The result is social conflict and sometimes violence. Conflict of this nature is endemic to the development process, but is often overlooked in development literature and policy design. The book will be of interest to development scholars and practitioners, as well as those interested in the dynamics of women’s empowerment and socio-economic change for informal economy workers.

Women Workers in India Why So Few Among So Many

Women Workers in India  Why So Few Among So Many Author Mr. Sonali Das
ISBN-10 9781498371742
Release 2015-03-13
Pages 31
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This paper examines the determinants of female labor force participation in India, against the backdrop of India having one of the lowest participation rates for women among peer countries. Using extensive Indian household survey data, we model the labor force participation choices of women, conditional on demographic characteristics and education, as well as looking at the influence of state-level labor market flexibility and other state policies. Our main finding is that a number of policy initiatives can help boost female economic participation in the states of India, including increased labor market flexibility, investment in infrastructure, and enhanced social spending.

Critical Perspectives on Work and Employment in Globalizing India

Critical Perspectives on Work and Employment in Globalizing India Author Ernesto Noronha
ISBN-10 9789811034916
Release 2017-04-28
Pages 303
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This book showcases issues of work and employment in contemporary India through a critical lens, serving as a systematic, scholarly and rigorous resource which provides an alternate view to the glowing metanarrative of the subcontinent’s ongoing economic growth in today’s globalized world. Critical approaches ensure that divergent and marginalized voices are highlighted, promoting a more measured perspective of entrenched standpoints. In casting social reality differently, a quest for solutions that reshape current dynamics is triggered. The volume spans five thematic areas, subsuming a range of economic sectors. India is a pre-eminent destination for offshoring, underscoring the relevance of global production networks (Theme 1). Yet, the creation of jobs has not transformed employment patterns in the country but rather accentuated informalization and casualization (Theme 2). Indeed, even India’s ICT-related sectors, perceived as mascots of modernity and vehicles for upward mobility, raise questions about the extent of social upgrading (Theme 3). Nonetheless, these various developments have not been accompanied by collective action – instead, there is growing evidence of diminished pluralistic employment relations strategies (Theme 4). Emergent concerns about work and employment such as gestational surrogacy and expatriate experiences attest to the evolving complexities associated with offshoring (Theme 5).

Organized Labour in the 21st Century

Organized Labour in the 21st Century Author A. V. Jose
ISBN-10 UCSD:31822033399486
Release 2002
Pages 406
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This volume contains selected case studies which explore the theme of trade union responses to globalisation, in order to illustrate experiences drawn from three broad groups of countries: industrialised, middle-income and developing economies. Country case studies include: Japan, Sweden, the United States, Chile, Israel, Korea, India and South Africa. These studies seek to promote wider understanding of the role and changing priorities of organised labour in a range of countries at varying stages of development. They highlight the fact that the major challenge for unions in all countries, notably developing countries, is the representation of non-traditional sectors, and the provision of new services.

Informal Workers and Collective Action

Informal Workers and Collective Action Author Adrienne E. Eaton
ISBN-10 9781501707957
Release 2017-05-15
Pages 296
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Informal Workers and Collective Action features nine cases of collective action to improve the status and working conditions of informal workers. Adrienne E. Eaton, Susan J. Schurman, and Martha A. Chen set the stage by defining informal work and describing the types of organizations that represent the interests of informal workers and the lessons that may be learned from the examples presented in the book. Cases from a diverse set of countries—Brazil, Cambodia, Colombia, the Dominican Republic, Georgia, Liberia, South Africa, Tunisia, and Uruguay—focus on two broad types of informal workers: "waged" workers, including port workers, beer promoters, hospitality and retail workers, domestic workers, low-skilled public sector workers, and construction workers; and self-employed workers, including street vendors, waste recyclers, and minibus drivers. These cases demonstrate that workers and labor organizations around the world are rediscovering the lessons of early labor organizers on how to aggregate individuals' sense of injustice into forms of collective action that achieve a level of power that can yield important changes in their work and lives. Informal Workers and Collective Action makes a strong argument that informal workers, their organizations, and their campaigns represent the leading edge of the most significant change in the global labor movement in more than a century. Contributors Gocha Aleksandria, Georgian Trade Union Confederation Martha A. Chen, Harvard University and WIEGO Sonia Maria Dias, WIEGO and Federal University of Minas Gerais, Brazil Adrienne E. Eaton, Rutgers, the State University of New Jersey Mary Evans, Rutgers, the State University of New Jersey Janice Fine, Rutgers, the State University of New Jersey Mary Goldsmith, Universidad Autónoma Metropolitana-Xochimilco Daniel Hawkins, National Trade Union School of Colombia Elza Jgerenaia, Labor and Employment Policy Department for the Ministry of Labour, Health and Social Affairs, Republic of Georgia Stephen J. King, Georgetown University Allison J. Petrozziello, UN Women and the Center for Migration Observation and Social Development Pewee Reed, Ministry of Commerce and Industry, Republic of Liberia Sahra Ryklief, International Federation of Workers' Education Associations Susan J. Schurman, Rutgers, the State University of New Jersey Vera Alice Cardoso Silva, Federal University of Minas Gerais, Brazil Milton Weeks, Devin Corporation

Economic Outlook for Southeast Asia China and India 2015 Strengthening Institutional Capacity

Economic Outlook for Southeast Asia  China and India 2015 Strengthening Institutional Capacity Author OECD
ISBN-10 9789264174412
Release 2015-03-23
Pages 252
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The Economic Outlook for Southeast Asia, China and India is an annual publication on Asia’s regional economic growth, development and regional integration process.

Tackling Inequalities in Brazil China India and South Africa The Role of Labour Market and Social Policies

Tackling Inequalities in Brazil  China  India and South Africa The Role of Labour Market and Social Policies Author OECD
ISBN-10 9789264088368
Release 2010-10-21
Pages 308
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This book focuses on the role of growth and employment/unemployment developments in explaining recent income inequality trends in Brazil, China, India and South Africa, and discusses the roles played by labour market and social policies in both shaping and addressing these inequalities.

The Idea of Labour Law

The Idea of Labour Law Author Guy Davidov
ISBN-10 9780191648076
Release 2013-01-17
Pages 456
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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Industrial Relations in India

Industrial Relations in India Author Aparna Raj
ISBN-10 CORNELL:31924092434426
Release 2003-01-01
Pages 336
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Industrial Peace Is A Pre-Requisite For Smooth And Uniterrupted Production Process In An Economy. Industrial Relations Are A Matter Of Importance Not Only For The Employers And The Employees But Also For The Society At Large. In The Wake Of Economic Liberalisation Sweeping Across The World Economics, The Concept And Nature Of Industrial Relations Are Also Undergoing A Change. The Past Philosophy Of Industrial Relations Has Become Comparatively Irrelevant In The Context Of New Technology, Emerging Trade Relations, And Increased Movement Of Labour And Capital Across Continents. This Book Examines This Most Complex And Delicate Problem Of The Modern Industrial Society With Reference To India. It Analyses Various Aspects Of Industrial Relations With Particular Emphasis On Trade Unions, Industrial Disputes, Collective Bargaining, Grievance Management, Workers Participation, Labour Legislations And Social Security Schemes.

Growth Inequality and Social Development in India

Growth  Inequality and Social Development in India Author R Nagaraj
ISBN-10 9781137000767
Release 2012-07-25
Pages 238
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With six essays exploring different aspects of economic growth, poverty, inequality and social security, this book offers a critical perspective on India's development experience since independence. Incisive and empirically rich, the book opens up new vistas in development discourse and informs current policy debates.

Mobilizing Restraint

Mobilizing Restraint Author Emmanuel Teitelbaum
ISBN-10 9780801449949
Release 2011
Pages 220
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In Mobilizing Restraint, Emmanuel Teitelbaum argues that, contrary to conventional wisdom, democracies are better at managing industrial conflict than authoritarian regimes. This is because democracies have two unique tools at their disposal for managing worker protest: mutually beneficial union-party ties and worker rights. By contrast, authoritarian governments have tended to repress unions and to sever mutually beneficial ties to organized labor. Many of the countries that fall between these two extremes—from those that have only the trappings of democracy to those that have imperfectly implemented democratic reforms—exert control over labor in the absence of overt repression but without the robust organizational and institutional capacity enjoyed by full-fledged democracies. Based on the recent history of industrial conflict and industrial peace in South Asia, Teitelbaum argues that the political exclusion and repression of organized labor commonly witnessed in authoritarian and hybrid regimes has extremely deleterious effects on labor relations and ultimately economic growth. To test his arguments, Teitelbaum draws on an array of data, including his original qualitative interviews and survey evidence from Sri Lanka and three Indian states—Kerala, Maharashtra, and West Bengal. He also analyzes panel data from fifteen Indian states to evaluate the relationship between political competition and worker protest and to study the effects of protective labor legislation on economic performance. In Teitelbaum's view, countries must undergo further political liberalization before they are able to replicate the success of the sophisticated types of growth-enhancing management of industrial protest seen throughout many parts of South Asia.

El Progreso de Las Mujeres en El Mundo 2005

El Progreso de Las Mujeres en El Mundo 2005 Author Martha Chen
ISBN-10 9781932827262
Release 2005
Pages 112
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This report by the UN Development Fund for Women (UNIFEM) is the third in a biennial series which seeks to measure the world's commitments to gender equality. It focuses on employment issues, and particularly the role of women in the informal economy and the impact of this on efforts to meet the Millennium Development Goals. The report shows that informal work is a significant source of employment for women in both developing and developed countries, and that women tend to be concentrated in the more precarious types of informal employment, where earnings are low and highly unreliable. Based on the premise that decent work is fundamental to economic security and poverty reduction, the report identifies four key strategic policy priorities to address these problems.