Labour law after neoliberalism?

Abstract

Over the course of the past 40 years, neoliberalism has all but destroyed the institutions that once civilized labour markets. In the wake of that destruction, labour law reform is being driven in some jurisdictions by a new kind of right-wing populist politics. What does this hold in store for work relations? Our investigation of contemporary labour law begins with a brief look backwards to the pre- and post-war decades and to the ostensible depoliticization of the law under neoliberalism. We then consider the possible emergence of a distinctly right-wing populist approach to labour law in countries including the United States, the United Kingdom, and Poland, drawing comparisons with the German experience after neocorporatism. Finally, we take a normative turn and consider what steps ought to be taken by a government intent on addressing class inequalities and restoring the kind of rights that post-war democracies once conferred on workers understood to be industrial citizens.