As Belgium and its population were heavily hit by the coronavirus, the Government adopted specific measures to address the economy and the world of work. The initiatives were deployed during the crisis but have also been designed for the exit scenario. Various measures have a strong relation with labour law. In addition to health and safety obligations, as specified in the Belgian Well-being Act, the new measures also refer to teleworking, social distancing, and have relied on the Belgian system of temporary unemployment.
In their introduction to this Special Issue, the authors situate the architecture of global labour governance against the background of the challenges posed by globalization. Noting the limitations of a conventional governmental approach to labour governance, they suggest considering new “hybrid” regulatory modes and mechanisms, which involve a combination of public and private actors and initiatives alongside or instead of traditional international labour law. The authors conclude by examining possible explanations for the emergence of gaps in the enforcement of labour rights, looking in particular at the issues of labour‐standard “selectivity” and the stringency with which standards are enforced.
This contribution aims to critically reflect on the scope of labour law and the evolving discussion on new worker categories. The debate is, however, extended to the broader question of the modernisation of labour law. New forms of work have emerged in light of recent evolutions on the labour market. The rise of ‘autonomous workers’ and ‘dependent self-employed’ persons raises a series of new questions. In light of this, the main proposition in this contribution is that we need to reflect on the changes taking place in both new and traditional workplaces, and that we need to distinguish two major questions: 1) To whom should labour law apply? 2) What labour law should be applicable? In discussing new forms of work, these questions are sometimes confused and result in a misleading debate. The contribution looks into new ways of working, a concept derived from management and human resources literature. The perspective is borrowed not only to clarify the issues but also to start talking about the ‘new how’ in labour law.
Resumen
En esta introducción al número monográfico se sitúa la arquitectura de la gobernanza mundial del trabajo en el contexto de la globalización y se analiza el panorama jurídico teniendo en cuenta los recientes incidentes y debates. Los autores ofrecen una visión general de los mecanismos mundiales de protección de los derechos en el trabajo, que clasifican según tres modalidades: la intergubernamental basada en la labor de la OIT, las iniciativas intergubernamentales destinadas a las empresas multinacionales, y las iniciativas privadas basadas en la responsabilidad social de las empresas. Dan cuenta de las aportaciones de los diferentes artículos del número y concluyen analizando las brechas de control existentes.
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