Re-conceptualizing Labor Law in an Era of Migration and Precarity

Tataryn, Anastasia

doi:10.1177/1743872116683381

Cited by 4 publications

(5 citation statements)

References 7 publications

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“…The author suggests that reducing bureaucracy and eliminating unnecessary regulations may contribute to the sustainable development of non-governmental organizations. Tataryn (2020) identifies the relationship between labour regulation and the most precarious of workers.…”

Section: Literature Reviewmentioning

confidence: 99%

What affects employment by NGOs? Counteraction to precarious employment in the Polish non-profit sector in the perspective of COVID-19 pandemic crises

Mikołajczak

2021

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Research background: The precarious employment in non-governmental organizations has not been the subject of thorough scientific considerations so far. Meanwhile, the dominance of flexible forms of employment in an organization evokes a sense of instability, insecurity and uncertainty among employees. It weakens the relationship between staff and the organization, which, by not providing employees with prospects for permanent employment, creates a threat to its own development. The COVID-19 pandemic is reinforcing these fears as the situation in the labour market continues to deteriorate. Purpose of the article: The purpose of this study is to identify the factors affecting NGOs employment of contract employees, as a key condition for crowding out precarious employment. Methods: Logistic regression analysis was conducted based on a national representative survey of 1500 Polish NGOs. Findings & value added: Its results indicate that NGOs are increasing the employment of contract staff in order to cope with the excessive bureaucracy of public administration. A stimulating impact on employment is also provided by difficulties in maintaining good staff and volunteers, as well as when there is no sense of security in running an organization. In turn, the lack of people ready to selflessly get involved in an organization's activities, as well as difficulties in accessing premises appropriate to NGOs both reduce the desire among staff to be employed full-time. The monitoring of precarious employment (PE) in NGOs is of key importance in the shaping and effectiveness of national policies aimed at improving the living standards of society as a whole. NGOs are an important element, as they fill the gaps remaining in the implementation of such policies. In the long term, improving the quality of full-time employment in such entities by reducing the barriers to their activity will increase their potential for fulfilling their social mission. To date, such barriers and their relation to employment have not been considered in research literature. However, a considerable proportion of employees in the Polish NGO sector may join the ranks of those excluded from employment and deprived of income due to the crisis on the job market caused by the COVID-19 pandemic. This article contributes to the existing literature and practice by identifying the influence of wide spectrum of barriers of NGOs activity on permanent employment.

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Section: Literature Reviewmentioning

confidence: 99%

What affects employment by NGOs? Counteraction to precarious employment in the Polish non-profit sector in the perspective of COVID-19 pandemic crises

Mikołajczak

2021

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“…These three elements are important. The mythos of ‘free’ markets belies that they are socially constructed institutions that are highly sensitive to regulatory and legal variations (Tataryn, 2017) – and that the regulatory regime itself embeds market behaviour (Brenner and Theodore, 2002). Notions of competition are used to rhetorically justify that consumers needs must be met and is at the same time the mechanism of achieving efficiency within the market (Harvey, 2005).…”

Section: Neoliberalism Precarious Labour and Resistancementioning

confidence: 99%

Taxis for neoliberalism! Surveillance and resistance in post-industrial Philadelphia

Geesin

Mollan

2019

Competition & Change

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As a consequence of neoliberalism, employment has become increasingly precarious and informal, sitting outside of traditional organizational contexts. There is a need to better understand how these structures emerge and, importantly, how workers can also adapt to challenge these shifts. This article is a study of a labour dispute between Philadelphia taxicab drivers and the governmental regulatory body. The dispute was centred around the implementation of surveillance technologies to regulate and control the industry and the drivers’ working practices which they considered to be de-professionalizing and an infringement of their liberty. The drivers resisted through traditional organizing, legal challenges and creating unconventional alliances. We argue that this labour dispute should be seen in the wider context of how a neoliberal political economy emerges and is maintained – in this case not by capital, but by the state. The article is a longitudinal case study covering the period from 2004 to 2011. As such, it is a prologue to later technologically driven transformations in the taxicab industry (such as ride-hailing apps) that have further exacerbated precarity among the workforce.

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“…Conversely, global competition for lower skilled jobs has meant that the diffusion of labor across borders has coincided with a process of informalization (Castells ). In other words, with fewer employment options in the formal labor market low‐skilled workers have no option but to accept conditions well below recognized labor standards (see Tataryn ). This has led to an expansion of informal labor practices, constitutive of the “informal economy,” as people look beyond institutional means of income production in an effort to sustain themselves.…”

Section: Informalization Precarious Labor and Organ Salementioning

confidence: 99%

“…Shifts to limit access to workers’ rights and protections occur across all levels of employment and labor practices (Standing ). Yet migrants deemed “illegal,” “irregular,” or “undocumented” in informal economic arrangements are exposed and subjected to higher levels of exploitation (Bloch and McKay ; Tataryn ).…”

Section: Informalization Precarious Labor and Organ Salementioning

confidence: 99%

“…While this study does not infer a definitive model or pattern of organ trading, it does illustrate some of the legal arrangements, policy decisions, and social conditions that contribute to an anomic environment, which has fostered a subculture of organ sales, amongst migrant populations in particular. The empirical findings will thus serve as an important counterpoint for comparative analysis with other illicit markets (see Siegel ; Wyatt ) and the study of informal/formal relations and criminalization more generally (see Anderson ; Coutin ; Dauvergne ; Meagher ; Tataryn ). In this regard, the organ trade acts as a heuristic device to illustrate broader themes of social exclusion and exploitation.…”

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confidence: 99%

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Disqualified Bodies: A Sociolegal Analysis of the Organ Trade in Cairo, Egypt

Columb

2017

Law Soc Rev

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Legislative and policy interventions in response to the organ trade have centered on the introduction of criminal sanctions in an effort to deter organ sales and/or “trafficking.” Yet, such measures fail to take account of the social and political processes that facilitate the exploitation of individuals in organ markets in different contexts. Informed by empirical data, gathered via a series of in‐depth interviews with Sudanese migrants who have sold a kidney, this paper examines the link between increased urbanization, migration patterns, informalization, and the emergence of organ markets in the Egyptian‐Sudanese context. The findings illustrate how processes of legal marginalization and social exclusion leave people vulnerable to exploitation in organ markets. The prevailing law enforcement response does not capture or respond to the empirical reality. Accordingly, this paper shifts the emphasis away from criminalization toward an analysis of the legal barriers and policy decisions that shape the poor bargaining position of organ sellers. In doing so, it opens up discussion of the organ trade onto wider critiques that disrupt boundaries between formality and informality in labor markets and trouble dominant modes of criminalization.

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Re-conceptualizing Labor Law in an Era of Migration and Precarity

Cited by 4 publications

References 7 publications

What affects employment by NGOs? Counteraction to precarious employment in the Polish non-profit sector in the perspective of COVID-19 pandemic crises

What affects employment by NGOs? Counteraction to precarious employment in the Polish non-profit sector in the perspective of COVID-19 pandemic crises

Taxis for neoliberalism! Surveillance and resistance in post-industrial Philadelphia

Disqualified Bodies: A Sociolegal Analysis of the Organ Trade in Cairo, Egypt

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