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Some lessons drawn from a comparative approach to the issue of the effectiveness of labour law

Philipe Auvergnon (National Scientific Research Centre, Bordeaux IV University, Pessac, France)

Managerial Law

ISSN: 0309-0558

Article publication date: 1 May 2006

1243

Abstract

Purpose

The purpose of this paper is to discuss some lessons drawn from a comparative approach to the issue of the effectiveness in labour law.

Design/methodology/approach

The paper discusses the consensus on variable ineffectiveness in labour law and describes some different ways of improving effectiveness.

Findings

The issue of effectiveness is not specific to labour law. However, labour law seems particularly subject to ineffectiveness, due to the imbalance of power in labour relations, resulting from the inherent inequality of the parties. A comparative discussion necessarily explored the “standard” issues of application, monitoring and, sanctions to deal with the ineffectiveness of labour law. The present debate particularly highlighted the problems in drafting and content of the law that contribute to non‐compliance.

Originality/value

The paper raises the following question: what effective labour law and for whom?

Keywords

Citation

Auvergnon, P. (2006), "Some lessons drawn from a comparative approach to the issue of the effectiveness of labour law", Managerial Law, Vol. 48 No. 3, pp. 288-302. https://doi.org/10.1108/03090550610674653

Publisher

:

Emerald Group Publishing Limited

Copyright © 2006, Emerald Group Publishing Limited

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