The Korean ‘Safe Trucking Freight Rates System’ (‘Safe Rates System’) was an important effort to address road safety risks by regulating road transport supply chains. In effect between 2020 and 2022, the system set minimum standards for truck driver pay and placed obligations on road transport supply chain parties to comply with these standards. In this article, we explain how the system developed in response to the deregulation and restructuring of the road freight market in the late 1980s and 1990s. We also trace the influence on the system of regulatory development in Australia and debates at the International Labour Organization (ILO). In 2019, workers, employers, and government representatives at the ILO reached an agreement on the main principles of the Safe Rates regulatory model through the adoption of the Guidelines on the promotion of decent work and road safety in the transport sector. We use these principles to explain and evaluate the Korean system. We also summarise assessments of the system’s impact, arguing that the results of the few studies that exist, justify the continuation of the system. By locating Korean Safe Rates as part of a broader global trend, we respond to opponents’ claims that the system is without international precedent and make the system eligible for a global audience. In so doing, we seek to contribute to the ongoing debate about the reintroduction of Safe Rates in Korea and draw lessons from the Korean experience that may be used in other countries.

The study looks at the defining features of various labour dispute resolution modes and their appropriateness in Zimbabwe. Researchers used a qualitative approach to collect and analyse data, drawing on a purposive sampling method to select and distribute open-ended questionnaires to 38 participants. The study established that the alternative dispute resolution (ADR) modes used in Zimbabwe are collective bargaining, conciliation, and arbitration, all formalised and regulated by the Labour Act (2015). Nevertheless, these ADR mechanisms have numerous flaws including, that they are not ‘culturally’ close to citizens, and as a result, access to justice is still a challenge, they are also expensive and cannot be easily understood by ordinary employees. Accordingly, the study recommends that the government amend the Labour Act (2015) to return to the old conciliation and arbitration system which was decentralised to the districts. When making the amendments to the Labour Act, the government should also consult with general employees and employers, because they are the victims of the current system. Furthermore, workers’ committees and trade unions should also be empowered to support and educate employees.

The article considers the place of Working Holiday visas in Australia’s migration policy and socio-economic planning. With the number of Working Holiday visa grants now topping 200,000 annually, Working Holiday Makers are significant participants in low-skilled work in Australia. The article argues that the programme is not adequately regulated to protect Working Holiday Makers in this work. In light of concerns around the exploitation of Working Holiday Makers, the article offers suggestions for reform to the programme. The article argues that the programme should be returned to its original conception of fostering a cultural experience for young migrants coming to Australia. It argues that work entitlements under the Working Holiday visa should be limited to work that is appropriate for young migrants on a brief cultural visit and that labour shortages should otherwise be filled using dedicated temporary labour migration visas which are properly designed to address labour shortages in the economy. Reform is necessary to protect the work conditions of local and migrant workers, to maintain Australia’s reputation as a country with high employment standards and to maintain positive relations with countries in the Working Holiday programme.

Over several decades Liberal-National Governments have encouraged Australian Public Service (APS) employers to uphold managerial prerogative by offering individual employment arrangements to employees. During the period of the COVID-19 pandemic, the Morrison Liberal-National Government’s Workplace Bargaining Policy reinforced this agenda. In place of collective bargaining, APS agency heads were encouraged to determine pay rises and new employment conditions for employees using Section 24 of the Public Service Act (PS Act) 1999. Workplace determinations did not need to be negotiated with public sector unions and some 85,500 employees across 57 APS agencies, or approximately 63% of the APS workforce, had accepted pay increases via workplace determinations by 31 December 2020. The widespread adoption of workplace determinations in the APS poses significant challenges for public sector unions and for the future of APS collective bargaining.

The degree to which legislation on labour relations and other societal institutions creates value and mitigates harm is explored in this article through a framework designed to guide both the authoring and the analysis of objects of such legislation. Creating value and mitigating harm are typically explicit in the objects of public policy and implicit in adjudication, administration and adherence under public policies. Although conceptually distinct, creating value and mitigating harm can be both complementary and detrimental to each other. This article reviews various combinations of legislative objects over more than a century of Australian labour and employment relations policy. The objects examined include the prevention of industrial disputes, the introduction of a social minimum wage, the expansion of enterprise bargaining, expansion or curtailment of tribunal powers by government and other developments. Questions of ‘for whom?’ value is created or harm is mitigated are key. As an inductive study, the article concludes with hypotheses to guide future research, including implications that reach beyond Australia and employment legislation.

The race to develop and implement autonomous systems and artificial intelligence has challenged the responsiveness of governments in many areas and none more so than in the domain of labour market policy. This article draws upon a large survey of Singaporean employees and managers (N = 332) conducted in 2019 to examine the extent and ways in which artificial intelligence and autonomous technologies have begun impacting workplaces in Singapore. Our conclusions reiterate the need for government intervention to facilitate broad-based participation in the productivity benefits of fourth industrial revolution technologies while also offering re-designed social safety nets and employment protections.

During its transition to a market economy, structural inequalities became increasingly apparent across China’s workforce, threatening social harmony. China’s 2008 Employment Contract Law, legislated amid policy debate, was intended to remedy these phenomena. We examine a crucial element of its remit: has its promotion of continuing contracts as against fixed-term employment contracts been effective? This is crucial for improving workers’ rights through secure employment. How have employers responded to this challenge to their prerogatives in terms of hiring and firing? We analysed data from 2007 and 2012 drawn from All-China Federation of Trade Unions surveys, which cover approximately 80,000 individuals. Using institutional theory, we discuss a variety of employer responses. We find that the Employment Contract Law has increased the likelihood of signing continuing contracts among migrant workers, employees in privately owned enterprises, and those with lower professional titles and who are short-term employees – all disadvantaged labour market categories previously. It has also significantly narrowed gaps regarding access to continuing contracts between these categories and matched advantaged ones. There is also evidence that some employers seek to avoid or sidestep compliance through cost-minimising worker engagement strategies.

The employment relationship in a growing number of industries with large concentrations of low wage workers has become ‘fissured’, where the lead firms that collectively determine the product market conditions in which wages and conditions are set have become separated from the actual employment of the workers who provide goods or services. Instead, the direct employers of low wage workers operate in far more competitive markets that create conditions for non-compliance. We examine this evolution in employment and its implications for public policy in the US, discuss the factors driving fissured employment and sketch its main features and outcomes. We then look at the traditional methods used for labour standards enforcement in the US and discuss why they are poorly suited to address fissured workplaces. Finally, we survey how public policies might better address the realities of the modern workplace, including efforts in this regard by the Obama administration.

Judicial interpretation of statute law in common-law countries means that the judiciary may mediate the social impact of legislation. In the case of the protection of labour rights in India, this article examines the extent to which the judiciary acts independently from the government of the day, and the extent to which court judgements are swayed by prevailing administrative policies. Specifically, to what extent have economic liberalisation and labour market flexibility policies influenced court decisions in cases challenging worker dismissals? Drawing on a review of 270 judgements delivered by the Supreme Court of India and the state High Courts between 1950 and 2010, a relationship is traced between a shifting pattern of Courts’ judgements and policy changes initiated by the Indian government in response to economic conditions. The objective of the study is to understand the effect of a structural shift in the economy on the cases of consented and contested decrees related to dismissal of workers under the relevant laws in India. It is found that the specific statute has not greatly changed through legal reforms, but the judiciary’s interpretations of it have changed over six decades based on dominant socio-political currents, in tune with government economic policies. This raises profound questions about judicial independence in defence of labour rights.

Changes to the Australian regulatory landscape over the past three decades of global liberalisation created regulatory uncertainty for unions. Coupled with membership decline and internal restructuring through union amalgamations, they prompted an important reorientation by unions (back) to the workplace, and precipitated different strategic decisions and organising challenges. However, the proliferation of fragmented employment relationships rendered workplace-centred organising an insufficient response. As a result, some unions experimented with ways of supplementing existing legal frameworks by other regulatory initiatives, through campaigns that resulted in the layering of regulation. In this article, we examine attempts by three unions – covering garment workers, road transport workers and aged care workers – to address the needs of members in garment homeworking, road transport and aged care in a contested regulatory environment.

Since 1993 and the removal of the separate award system for the Australian State of Victoria, many Victorian workers have been on five minimum conditions and on pay levels well below that of employees in other States. Despite attempts to rectify the situation (with Victorian common rule awards), issues of coverage and employer compliance remained. The implementation of WorkChoices legislation in 2006 posed a further challenge to Victorian low-paid workers. Our research found that the impact of WorkChoices on the Victorian low-paid has been largely insidious, surfacing primarily as an increased wage-effort ratio, with people working more unpaid hours and at an increased pace. The implications of this are that these hidden effects are more likely to linger, even with the replacement of WorkChoices with the Fair Work Act, 2009. Furthermore, it appears that employer compliance with minimum conditions requires more adequate enforcement by the Federal Government.

An established tenet of the literature is that the use of flexible labor leads to less innovation. Yet, less attention has been paid to the possibility that it is the decision to innovate that generates the incentive to hire on a permanent basis. The goal of this paper is to show the existence of interlocking complementarities between the firm's technological and hiring strategies. To do so, we develop a simple model where the workers’ decision to invest in human capital is affected by the type of employment contract (temporary versus permanent) and by the type of technological investments (routine versus innovative). When the firm is unable to coordinate its actions across these different domains, two equilibria simultaneously exist: in the ‘high-road’ equilibrium, firms invest more in innovative projects and hire on a permanent basis; in the ‘low-road’ equilibrium, they invest more in routine projects and hire on a temporary basis.

Agriculture has seen a steady movement toward the increased use of contracts. Agricultural contracts now guide the interrelationships of parties throughout the modern production system, extending well beyond the livestock sector. With this predominance come new issues that require us to reexamine contract theory and the roles of the parties. This review examines legislation, regulations, and recent court rulings in seemingly unrelated areas that have specific relationships to the development of contracts in production agriculture: environmental law and labor law.

We develop a theoretical model where child labour results from a household's trade-off between sending a child to school or to work. Education is considered as a risky investment, since the survival of the child is not certain. We explore the effects of public expenditure on education and health on child labour, specifying a transmission mechanism for each kind of spending. On the one hand, we establish that health expenditure reduces child labour all the more as child mortality rate is high. On the other hand, a moderate aversion to risk is a necessary condition for education expenditure to reduce child labour. Our theoretical results are empirically validated on panel data from 66 developing countries between 1985 and 2000.

In this article, we present an analysis of the institutional evolution of firing in Spain. We explain how a certain path-dependence has been created by historical accidents and how this is the mechanism behind the current system of a costly employment at will. The incentives of firms, workers and governments to sustain such a system are also discussed. We show the main inefficiencies of the system: a substantial increase in severance pay, a distorted use of the legal framework, and limitations to give a rapid answer to a big negative shock. Finally, we discuss how the unemployment benefits reform of 2002 can be understood as the culmination of Spain's policy of costly employment at will.