Protecting the Future of Work: New Institutional Arrangements for Safeguarding Labour Standards

This introductory chapter surveys institutional experimentation that has emerged internationally in response to the contraction of the traditional model of employment protection. Various initiatives are discussed according to the particular challenges they are designed to address: the emergence of non-standard employment contracts; increasing sources of labour supply engaging in non-standard work; intensification of exogenous pressures on the employment relationship; the growth of intermediaries that separate the management from the control of labour; and the emergence of entities that subvert the employment relationship entirely. Whereas post-war industrial relations scholars characterised the traditional regulatory model as a ‘web of rules’, we argue that nascent institutional experimentation is indicative of an emergent ‘patchwork of rules’. The identification of such experimentation is instructive for scholars, policymakers, workers’ representatives and employers seeking solutions to the contraction of the traditional regulatory model.

This chapter assesses the response by trade unions in New Zealand, Australia and Ireland to labour market deregulation since the 1980s. While these three countries have been on the front line of neoliberalism, and the traditional web of rules in each country has been weakened, change has occured unevenly, in part due to different union strategies. The chapter examines the ways in which unions employed institutional experimentations to defend the collectivist web of rules and strengthen labour standards. It argues that an augmented model of pluralism has emerged in all three countries in the form of stronger individual rights but that this is no substitute for collective bargaining mechanisms.

This chapter explores the notion of the European Social Model (ESM) and examines the EU-level social policy reforms that have taken place since the 1950s. ESM is taken to be distinct from but intimately related to the web and patchwork of rules explored in this volume. After sketching out the development of ESM since the 1950s, up to and including its near-death experience in the context of the Great Recession and the EU's turn to austerity, the chapter considers the social and political consequences of the EU's lurch to austerity as well as the consequences this might have for the web and patchwork of rules. The chapter ultimately reflects on whether another ESM might be possible in the context of the EU's response to the economic and social consequences following the onset of COVID-19, particularly in the context of the EU's Next Generation EU programme whereby the EU provides financial assistance directly to the regions worst affected by the pandemic.

This chapter examines regulatory experimentation in relation to gender equality and the gender pay and representation gaps. The corporate sector has long promoted a voluntarist ‘business case’ for equality as part of their wider agenda to promote CSR, an approach that fits within the second web of rules. However, slow progress prompted governments to introduce proactive legislative measures such as gender pay gap reporting and gender quotas. At the same time, the traditional web of joint regulation continues to be relevant with trade unions using equal pay litigation to challenge the historical undervaluation of work by low-paid women and negotiate new collective pay structures to deliver tangible benefits to low-paid women. Union litigation in the UK local authority sector and the New Zealand care sector are compared. The chapter argues that the three webs are more usefully understood as complements rather than substitutes.

There can be little doubt that the risk and fluctuation of demand taken on by employers has been increasingly passed onto employees. We are witnessing a fragmented contract of rules largely determined by employers, for employers. Here the conventional form of employment relations is non-unionism and the management of employees through Human Resource Management (HRM). This chapter critically reviews the underlying assumptions underpinning the rise of HRM, not least its unitarist undercurrent, narrow emphasis on performance and limited incorporation of multiple stakeholders. The chapter then uses Amazon as an exemplary case to illuminate these dynamics in practice and to offer a critical review of what constitutes a meaningful and successful organisation in this new era of work. The chapter concludes by detailing prospects for redress and institutional experimentation, including via technological platforms.

This chapter uses McAlevey's mobilising/organising dichotomy to analyse the recent McDonald's mobilisation in Britain. It argues that this movement has had some impressive successes but building on these requires greater organising activities. However, conventional union organising techniques are unlikely to be successful in hospitality. Instead, the approach of another low-wage worker movement OUR Walmart demonstrates how social media can be used not only to benefit mobilising activities but to enable organising beyond the workplace.

In the platform era the informal employment in China is tremendously huge in quantities. This paper sets out the changes of traditional regulatory rules status, the new web of rules and, with a particular focus on, the impacts of main actors’ interacts, from an industrial relations ‘web of rule’ perspective. The subjects involved in this paper are multiple, including labour law, collective labour relations institution, enterprise human resources management, CSRs and NGOs in production supply chains. It argues the inappropriate impacts on the perseverance of right and interests of workers are consequences of the current national labour law and collective labour relations institutions. It witnesses the emerging innovative methods, employment relations system in a self-dependent economic transaction, the rule of production supply chain in a multi-stake-holder context and the new intervening method of NGOs. It is in scrutiny of the commence of such a transformation in China, nevertheless, transforming from the authoritarian regime to a more fair market establishing via the intervention of multiple social forces, and consequently the transformation from informal employments to formal ones in a comprehensively complex domestic and global context.

Migrant workers are often concentrated in segments of the labour market characterised by low-paid and insecure work and which fall outside of the traditional ‘web of rules’ providing workers with protections. Institutional experimentation provides an opportunity to rectify this. This chapter examines the reasons why migrant workers are often subject to exploitation and marginalisation in the labour market. It then analyses the roles of the three main actors with the capacity to protect and improve migrant workers’ labour market position: governments, trade unions and community organisations. It proposes a ‘co-regulation’ approach based on collaborative institutional experimentation between these actors as the most effective way to address the exploitation and marginalisation of migrant workers.

The emergence of global supply chains is closely interlinked with the erosion of the web of rules that used to regulate employment relations for most part of the 20th century. The development of GSCs facilitated the move away from a web to a patchwork of rules in employment relations and the erosion of the same web of rules contributed in turn even further to the dominance at present of GSCs as means of structuring production across the world. Against this context, there is an increasing understanding that the limitations of traditional governance approaches to labour regulation in GSCs at both national and supranational levels should be overcome in order to ensure the effectiveness of labour standards. This chapter critically assesses the regulatory approaches that have been developed in the recent years to tackle the regulation of labour standards in this context. It is argued that there is indeed some evidence of evolution in the regulation of labour standards in GSCs. This can be best described as a move from a state of regulatory vacuum to one that could be characterised as a patchwork of rules, comprising a range of private, state-led and international regulation. However, it it is far from certain whether such experimentation may lead to the emergence of a ‘web of rules’ or even an adequate patchwork of rules that is capable of dealing effectively with the challenges identified in this area.

In this concluding chapter, we draw together the various contributions presented in this volume, discuss the broader implications of our findings, and reflect on how this builds upon Willy Brown's work. The chapter examines how the patchwork of rules has been altered by new and emerging challenges, such as the COVID-19 pandemic, the rise of global supply chains and new forms of business. We return to the central objective of this volume of identifying and analysing the viability of various institutions for addressing these challenges and discuss how these might form the basis of a new web of rules for protecting labour standards in the future.