학술논문

Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership
Document Type
Chapter
Author
Vosko, Leah, author
Source
The Idea of Labour Law, 2011.
Subject
comparative labour relations
labour market regulations
French labour system
labour inspection
work inspectors
flexible bureaucracy
Employment and Labour Law
Jurisprudence and Philosophy of Law
Language
English
Abstract
This chapter compares and contrasts the U.S. and French systems of labor market regulation. The U.S. system is specialized: Regulating authority is dispersed among a host of different agencies each with a relatively narrow jurisdiction, and as a result with responsibility for a very limited domain. Authority is further divided between the federal and the state governments. The French system is a unified or general system: a single agency is responsible for the enforcement of the whole labor code. As a result, the French system is a street-level bureaucracy in which considerable power and authority rests with the line agents, the work inspectors themselves. As a result, the French system is considerably more flexible and able to adjust to variations in economic and social conditions across the territory but also over time than is the U.S. system. The contrast is of broader importance because the French system was adopted by Spain (and Italy) and from there spread to Latin America. The chapter goes on to discuss the various managerial issues posed by the two systems and the problems of reconciling their contrasting dynamics in a unified global trading regime.

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