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

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.

List 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

About the author

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

Summary

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.

Foreword

Important examination of how the framework of labour law might adapt in response to the fast-moving transformation of its standard models.

Product details

• Authors: Louise Munkholm, Louise (Roskilde University) Munkholm, Louise (University of Southern Denmark) Munkholm
• Publisher: Bloomsbury
• Languages: English
• Product format: Hardback
• Released: 31.07.2019
• EAN: 9781509926374
• ISBN: 978-1-5099-2637-4
• No. of pages: 208
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Labor & Employment, Employment & Labour Law, Employment and labour law: general