对中国非正规就业发展的探讨

中国非正规就业面临缺乏法律保障和制度支撑、非正规就业劳动关系和劳动制度不规范、城乡劳动力市场的分割成为非正规部门劳动力市场发展的体制性障碍等问题。要从制定系统和长远的非正规就业规划和完善非正规就业方面的立法人手,打破城乡劳动力市场的分割、健全社会保障体系、强化社会服务和增强劳动力培训的针对性和实用性等,积极发展非正规就业,缓解中国城乡就业压力。     

女性就业歧视公益诉讼制度法律机理研究

现行法律对女性就业歧视司法救济的规定不足,难以解决女性劳动者力量弱小、举证难、现有诉讼制度不足等问题。为进一步保障我国女性平等就业,需要构建女性就业歧视公益诉讼制度,从正当性、必要性、可行性分析其的法理基础。并对该制度的构建进行初步探究:原告资格以工会、妇女联合会等社会组织为主,新增专门的平等就业管理机构;举证责任在当事人之间合理分配;抗辩事由应包括劳动保护措施、真实职业资格、小微企业豁免制度等;法律责任形式从民事责任和行政责任两方面进行规范。     

共享经济平台劳动者就业及劳动关系现状 —— 基于北京市多平台的调查研究

本研究运用北京市"新技术新业态新模式蓬勃发展对职工队伍和劳动关系的影响及应对举措"专题调研数据(1),通过整合定性和定量要素的混合方法,分析了共享经济平台劳动者就业的特征以及劳动关系的现状与问题。结果表明,共享经济平台就业呈现出低门槛、高灵活性、去劳动关系化的特点。共享经济平台为劳动者提供了大量就业机会和新的工作模式,在帮助劳动者提升收入水平的同时,劳动者可以较为自由地安排工作时间。但同时,共享经济的发展对传统劳动关系秩序产生了巨大挑战。传统劳动法律体系不适应共享经济的发展,劳动者与共享经济平台的法律关系不明确,平台从业者的劳动权益保护问题应引起重视。     

网络直播用工关系的劳动法思考

网络直播行业光鲜亮丽的背后是网络主播寻求劳动法保护基本劳动权益的征途。经纪公司进军网络直播行业的初心也在于该行业用工关系处在劳动法调整的灰色地带,用工成本低且获利大。现行劳动法单一调整模式日益暴露出诸如网络表演用工等非典型劳动关系规范漏洞,加上从属性标准抽象化在演绎推理式的裁判逻辑中拔高了劳动关系认定难度,法院更倾向于用合同法来解决网络直播用工纠纷。为保护网络主播等自治性劳动者的基本劳动权益,今后可以考虑两种立法体例,或是转变劳动法调整模式,采用三分结构增设类似劳动者制度,扩大调整对象,或是保持劳动法体系的稳定,专门制定下位法,规范网络直播用工关系。     

White collars and labour history: the contractual regime in Italy from the Liberal to the Fascist era, 1919–1945

This article aims to re-examine the history of non-manual labour, beginning with an analysis of the evolution of general norms governing the contracts of private sector workers in Italy, from the post-First World War period up until the creation of the fascist corporate system in the 1930s. The starting point is the 1919 law that defined the specific characteristics of white-collar workers, expressed as a bond of trust and delegation on the part of employers, from whom legally established and binding guarantees were issued. These guarantees included the offer of permanent employment and the right to compensation should said employment be terminated. This law was reformed during the fascist era, but continued to influence the collective labour agreements stipulated by unions under the regime, contributing to the sustained social status of white-collar workers, particularly in comparison to manual labourers. This article will highlight the difficulties in applying these standards, and the legal and union disputes they generated, exploring an area rarely discussed by historians, while also, as a case study, scrutinizing the more advanced situation of employees in the banking sector – a sector which, from a regulatory and contractual point of view, represented the white-collar élite, as it would continue to do for a long time after the Second World War.     

Addressing Information Needs in Employment Services Provision in Italy: The Role of Codesign Networks

This article examines how coproduction can contribute to information quality in support of labor-market decision-making. Data was gathered on different types of Labor Market Intelligence (LMI) as decision-support systems for stakeholders, and subsequently by analyzing a specific program, with a focus on the role of information within its coproduction process. Results confirm the importance of information systems to support employment services design, but highlight the limitations of existing channels, and outline the types of information needed for policy effectiveness: those that are gathered through continuous relations with employers and jobseekers, and that often derive from participation in policy networks.     

民族地区少数民族就业促进制度建设研究

各自治区及其他民族地区自成立后,特别是改革开放以来,全面贯彻党的民族政策,坚持民族区域自治制度,采取多种措施促进少数民族就业,不断完善就业服务机制,积极制定和实施相应的民族政策法规,少数民族就业数量质量明显提高。受到诸多因素综合影响,民族地区经济总体发展水平与发达地区有较大差距,影响着民族地区经济的发展和少数民族就业的实现。提升少数民族就业竞争能力,离不开就业促进制度建设和路径规划,这涉及我国作为多民族国家劳动就业制度设计的重大问题,更离不开民族地区有效转化国家立法政策,不断创新民族地区就业促进制度和实践。     

Negotiating a New Social Contract for Work: An Online,Distributed Approach

A massive open online course (MOOC) entitled “Shaping the Future of Work” (offered through MITx, the Massachusetts Institute of Technology's online learning division) has been the context for a multiparty simulation designed to produce classroom negotiation results that will have social impacts. After running the course in the MOOC context three times and in face‐to‐face settings eight times, we noticed that key themes emerged. Participants have brought their own workforce perspectives to their simulation roles as employers, worker representatives, elected officials, and educators. They have called for reciprocal agreements centered on fair treatment and representation in the workplace, improved organizational performance, investments in skills and capabilities, aligned rewards and benefits for workers, and work–life balance in communities. We continue to use the simulation in the classroom and are exploring ways to expand its use. In the meantime, in this article, we discuss how the insights gleaned from this simulation could be used to crystallize and advance a new social contract at a time when the public policies, institutions, and organizational practices governing employment relations have not kept up with the dramatic changes taking place in the workforce, nature of work, and overall economy.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.