论《劳动争议调解仲裁法》构建的裁审体制及与劳动监察的关系

<劳动争议调解仲裁法>所构建的一般案件"一裁两审"、特殊案件"一裁终局"的裁审体制是对我国原有制度的重大修改,该法确立的分类处理机制以及对仲裁机构资源的整合必将对我国劳动争议处理实践产生重大影响.同时,如何在受案范围以及程序衔接上理顺劳动监察与裁审体制的关系,也是在理论及制度上必须面临和解决的重要问题.     

劳动关系研究英美模式比较——形成的回顾与20世纪80年代后的变化

美国和英国是劳动关系理论发源地,也是对劳动关系理论发展做出重大贡献的国家。他们为劳动关系研究提供了最基本的研究范式。由于两个国家工业化的道路不同,工会运动发展的路径不同,两国劳动关系的研究在研究范围、研究方法、学者和学科来源以及构成上都存在一定差异。     

《劳动合同法》实施后的变化与对策

《劳动合同法》颁布实施之后,企业内部发生了很多变化,劳动者权益有了法律保证。但是,企业侵犯劳动者权益的现象在一定范围内依然存在。工会应当加强源头参与,加强对职工队伍的教育培训,同时还应加强工会自身建设,更好地维护职工合法权益。     

《社会保险法(草案)》存在问题研究

《社会保险法(草案)》存在一些亟需解决的重要问题:立法宗旨和基本原则不清晰,适用范围较窄,政府作用不具体,工会作用不突出和立法技术不科学等。在完善社会保险立法的过程中,应坚持公平正义、互助共济、安全稳定的社会保险立法理念,充分发挥工会在社会保险立法中的优势作用,加快社会保险立法一体化,促进我国社会保险法与国际接轨。     

劳动争议处理之我见

近年来,我国的劳动争议案件逐年增多,且呈现复杂化、群体化、涉外化等趋势.我国政府为了实现社会公正,走上了通过扩大劳动者个人的权利来解决劳动争议的路子,致使劳动者、企业单位、工会、行政权力以及法院在处理劳动争议过程中的职能、地位发生扭曲.所以必须关注并完善劳资双方的信用关系、工会的职能与地位、行政权力在劳动争议处理中的地位和权威、法院最后的司法救济,从深层次解决原来的处理体制"用其所短"的弊端,实现劳资关系的和谐.     

The Seattle Teamsters and the procedural state, 1935–1942

The Teamsters Union often clashed with the National Labor Relations Board (NLRB) in Seattle between 1935 and 1942. At times the Seattle Teamsters resisted the NLRB, yet in other cases the union worked within the agency's procedures to expand. In the years after the Wagner Act, the Teamsters exploited the NLRB to block employees from choosing their own union. This article uses archival records to explore cases where the Seattle Teamsters successfully adapted to federal regulation of collective bargaining between 1935 and 1942. Seattle workers opposed to the Teamsters bravely fought to protect their right to organize, yet these employees faced a union skilled at working with the procedural state. These cases show the increasing ability of the Seattle Teamsters to enroll workers wary of the union by complying with NLRB rules.     

Transnational labor action in Latin America: from the struggle against the Free Trade Area of the Americas to the return of labor relations

Neoliberalism was the hegemonic political and economic model in Latin America during the 1990s. The promotion of a Free Trade Area of the Americas (FTAA) was a fundamental policy to extend neoliberal policies and foreign influence throughout the region. In a momentum built throughout that decade and into the 2000s, the trade union movement joined forces with social movements to create a counterhegemonic force using traditional and novel power resources. This alliance managed to defeat the FTAA and was a central force in supporting new center-left administrations throughout the region. The developments since that historic event have shown the relevance of political contexts and strategic outlooks for the long-term success in maintaining, or failing to maintain, such kinds of alliances.     

Employee benefits,migration and social struggles: an Indian coalfield, 1895–1970

ABSTRACT

During 1895–1970, in the Indian coalfield of Jharia, circular migration of the mineworker coexisted along with the fact that workers became regular over time. This article suggests that the development of employee benefits influenced the patterns of migration and settlement of workers. Employers, guided by a new industrial sensibility, came up with specific employee benefits, with an objective of continuous production from a group of settled workers. The workers’ approach to social security and the pressure exerted by them shaped the expansion of employee benefits. My finding takes an issue with the thesis of cheap migrant labour. The latter argument has insufficiently revealed the actual preferences of employees. My work critiques another thesis which suggests that workers maintained a preference for investment in rural homesteads; therefore choosing to remain oscillating migrants. My study suggests that workers developed a notion of the civilised and human form of life from the 1920s onwards. The self-respect campaign amongst the unprivileged caste groups, the movement for industrial democracy and national reconstruction and the International Labour Organisation’s (ILO’s) advocacy of civilised and human life for workers, gave a spur to new reproduction preferences. Now, they sought employee benefits regarded as necessary for a dignified living.     

Promising more to give less: international disputes between core and periphery around European posted labor, 1955–2018

ABSTRACT

The posting of workers from the European periphery has generated the longest and most tumultuous series of labor disputes in the history of European Integration. On the basis of relevant archives, this article conducts the first historical review of posting rules in the European Union, from the first negotiation in 1955 until the latest directive in 2018. This historical review enables to discard the idea of a neoliberal turn in posting rules from the 1980s onward. It also leads to reject the explanation of disputes by the movement out of the European periphery under posting rules of a Lumpenproletariat insensitive to class struggle. Instead, the article identifies the increasing regulation of the labor market at the expense of posting opportunities since thirty years. It reveals the dominant role played by governments and their invariable support for their workers. It highlights the constant asymmetry of power between core richer countries and the Southern and Eastern periphery of the European Union. Eventually, this article locates the long-term problem in the contradictions between the interests of workers and firms in richer destination countries and the enlargements of the Single Market to poorer countries.     

The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.