Labor Courts and Grievance Settlement in Western Europe

Summers, Clyde W.; Blanc-Jouvan, Xavier; Giugni, Gino; Ramm, Thilo; Schmidt, Folke; Aaron, Benjamin

doi:10.2307/1121200

Cited by 2 publications

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“…Labor inspectorates generally enforce labor laws through street-level bureaucrats who visit workplaces, record infractions, fine employers, and/or create compliance programs (Schrank and Piore 2007). Labor courts generally enforce employment contracts and labor-protective legislation through adjudication (Summers 1972, 1120). However, scholars and advocates have criticized labor inspectorates and labor courts for not having sufficient resources to perform their jobs, for being corrupt, for being politically captured, and for otherwise being mired in bureaucratic trappings that make them ineffective actors (see, e.g., Schrank 2009; International Labor Office [ILO] 2011).…”

Section: Introductionmentioning

confidence: 99%

The Labor Judge Unleashed: Rule of Law and Labor Rights in “Neoliberal” Chile

Marzán¹

2018

Law soc. inq.

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Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working‐class power. Class power theories make us skeptical of these state‐centric strategies for labor rights. Will the “rule‐of‐law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule‐of‐law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.

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Section: Introductionmentioning

confidence: 99%