Labor History最新文献

{"title":"‘The universal rhythm of justice’: the Argentine Supreme Court and labor law before, during, and after Peronism","authors":"Juan F. Gonzalez-Bertomeu","doi":"10.1080/0023656x.2023.2247287","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2247287","url":null,"abstract":"ABSTRACTThe birth of labor law in Argentina is as intricate as it is fascinating. The emergence of a regulatory mosaic in the country occurred in the shadow of extreme institutional instability and ideological change. This process included the country’s first military coup; the rise of J.D. Perón, under whose aegis labor protections gushed; and the fierce backlash against his regime. In this story, the Supreme Court played a somewhat secondary but significant role, which this article, at the intersection of legal history and judicial politics, explores. The article uses an original dataset of 539 Court decisions in labor disputes from 1935 to 1960. It draws on descriptive statistics, a discussion of the main trends in the Court’s decision making, and network analysis. What emerges from the study is a saga of increasing protection of workers’ rights, punctuated by episodic retraction that did not amount to a denial of them. The Court under Perón was prominent in the vindication of workers’ rights. Even under the more restrictive periods before and after Perón, however, the Court recognized labor law as an emerging field for the protection of workers. While the Court’s work displays this combination of oscillation and permanence in its substantive output, it shows a more radical break in a more symbolic respect. After the coup that deposed Perón, the Court was adamant about neglecting the Perón Court’s role and intervention. This shows that legal ideology can manifest itself in diverging ways, particularly in times of regime and judicial instability. It can emerge in justices’ substantive opinions, but also in the recognition of their previous colleagues’ work.KEYWORDS: Argentine labor lawPeronismlabor law adjudicationSupreme Court of Argentinaregime instability Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1. For recent reviews of works focused on Latin America, see González-Ocantos (Citation2019) and González-Bertomeu (Citation2019).2. For a summary of these discussions concerning Latin America, see ibid.3. The employer could contract insurance.4. The La Plata University, nationalized in 1905 by J.V. González, who then became its president, featured as lectures key figures in the field of labor law, prominently including Alfredo Palacios, Leónidas Anastasi, and Alejandro Unsain (Palacio, Citation2013, 2–4).5. In 1945, the Supreme Court also refused to swear in the members of a newly created national appeals court in the north of the country, ruling that the military government’s decision to create this body exceeded its declared objectives (Tanzi, Citation2005a, 18).6. Since 1994, the Senate must consent again when a federal judge turns 75, and every five years thereafter.7. The demand – partly fueled by the government’s hesitancy to condemn the now defeated Axis during World War II – was based on the statute regulating temporary succession in the absence of both the president and vice-president. The Sup","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135817545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exploring the power of networks and knowledge: how social capital and education drive the success of Chinese migrant workers in the labor market","authors":"Zhengyi Yang, Yu Wang","doi":"10.1080/0023656x.2023.2259324","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2259324","url":null,"abstract":"ABSTRACTThis study explores the relationships between social capital, education, income, and job stability in Chinese migrant workers, an under-researched area. Our findings reveal strong positive links between social capital, formal education duration, income, and job stability for migrant workers. Importantly, we distinguish between male and female migrants, unveiling gender-specific differences in the impact of social capital and education on income and job stability. Male migrant workers benefit from both social capital and formal education, while female migrant workers primarily gain from formal education. Regarding job stability, only the formal education duration of female migrant workers demonstrates a noteworthy correlation. Additionally, our analysis examines generational disparities, showing that formal education positively affects all migrant workers, with more pronounced advantages among younger individuals. Furthermore, our study emphasizes the role of social capital in increasing income for migrant workers in the manufacturing and construction sectors, while also enhancing job stability among those in the construction and service sectors. Formal education emerges as a positive factor for both income and job stability across manufacturing, construction, and service domains among migrant workers.KEYWORDS: Social capitalemploymentincomejob stabilityChinese migrant workerseducationemployment sector Disclosure statementNo potential conflict of interest was reported by the authors.Notes1. Due to limitations in data, ‘service’ in this context encompasses wholesale/retail trade and residential services/repair. ‘service’ elsewhere in this paper also includes transportation/warehousing/postal services and accommodation/catering.Additional informationFundingSupported by the National Natural Science Foundation of China [No. 72203240 and No. CSQ21003]Notes on contributorsZhengyi YangZhengyi Yang is an associate professor in economic management. Her research interests are focused upon the labor economic history of migrant workers in China.Yu WangYu Wang is an assistant professor of operations management. His research interests center on the tradeoffs between capacity, service quality, and service accessibility in the healthcare industry.","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136153206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labour inspection after the civil war in Spain. Regulatory interventionism and abstentionist labour inspection performance","authors":"Marcial Sánchez-Mosquera","doi":"10.1080/0023656x.2023.2260754","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2260754","url":null,"abstract":"ABSTRACTThis paper focuses on something not previously addressed by the literature, labour inspection in Spain in the first decades of the Franco dictatorship. Despite the Franco dictatorship’s fascist-style approach of regulatory interventionism, this research shows a relapse into an abstentionist conception of labour inspection that led to worker vulnerability. The study has not only found, as was already known, normative similarities with the contemporaneous Italian and German dictatorships, but also similar (although more severe) limitations to the functioning of the inspection service. The slight improvement registered from 1947 onwards and the effort to achieve a limited equivalence with Western democracies also failed to notably improve working conditions, occupational safety and worker protection. The Labour Inspectorate suffered from understaffing and a lack of resources up to the very end of the dictatorship, something which the incipient democracy then inherited. These human and material resource shortages continue to be a problem and are currently debated in Spain.KEYWORDS: FascismFrancoismindustrial relationslabour inspectoratelabour institutionsSpain AcknowledgmentsI would like to thank Professor Richard Croucher his helpful suggestions and comments at the beginning of this research. His whole work will always be a source of inspiration in the field of industrial relations.Disclosure statementNo potential conflict of interest was reported by the author.Notes1. Archivo de Cámara Oficial de Comercio, Industria y Navegación de Sevilla (AGCOCISNS. CÁMARA) 109, 111, 136 and 199.2. Servicio Central de Inspección del Ministerio de Trabajo, Memorias Estadística de la Labor Realizada por el Cuerpo Nacional de Inspectores de Trabajo, 1943–1956. Madrid: Ministerio de Trabajo.3. Archivo Histórico del Ministerio de Trabajo, 199.360–199.392, 198.725–198.730.4. AGCOCISNS. CÁMARA, 109.5. Servicio de Inspección de Trabajo, Nómina, escalafón y escalas de la Inspección de Trabajo en 1974. Madrid: Ministerio de Trabajo.Additional informationFundingThe author received financial support for the research for the research project Los Determinantes Institucionales del Funcionamiento del Mercado de Trabajo en España (1939–2017). Un Estudio en Perspectiva Comparada en el Marco de la Europa del Sur (Ref.: RTI2018-099188-A-I00) funded by MCIN/AEI/10.13039/501100011033/and FEDER Una manera de hacer Europa.Notes on contributorsMarcial Sánchez-MosqueraMarcial Sánchez-Mosquera is an associate professor at the University of Seville. He holds a PhD in Applied Economic Analysis and History and Economic Institutions. His research interests include economic history, economic and labour institutions, labour market, social dialogue, and social and economic actors. He has published the results of his research in European Journal of Industrial Relations, Economic and Industrial Democracy, The Economic and Labour Relations Review, Revista de Historia Industrial/Industrial Hi","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136308384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labour agitation, newspaper press and radical nationalism in Nigeria: analysis of the Enugu Colliery Shootings","authors":"Shina Alimi","doi":"10.1080/0023656x.2023.2259320","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2259320","url":null,"abstract":"ABSTRACTIn the analysis of decolonization process and nationalist struggles for political independence of Africa, labour agitations and the press activism for human rights are common features. But most studies have treated labour crisis and the press activism during the period of decolonization as mere subsets of the linear narrative of independence movement. Drawing on the empirical data of the Enugu Colliery Shootings incident, this paper examined labour agitation as an independent event and reviewed the area of overlap with the nationalist struggles. It re-examined the Colliery Shootings beyond the preponderant nationalist view that lumped every social, economic and political protest of the decolonization period as a single metanarrative of nationalist movements. Lastly, the roles of Nigerian newspapers as mediators in the crises between the labour unions and the colonial government, and the nationalists with the colonial government were appraised. The paper argued that, despite the interconnection of labour agitations with nationalist movements of the period, the former was both characteristically independent and coincidental with the latter. Similarly, not all human rights agitations by the newspapers were independence-focused. Finally, the nationalists, through networking process, benefited from labour agitations and press activism by expanding and molding local protests as independence movements.KEYWORDS: Colliery Shootingslabour agitationpress agitationradical nationalism AcknowledgmentsI thank the editor and the two anonymous reviewers of this paper. I also thank Prof. Saheed Aderinto and Dr Rouven Kuntsmann for their assistance in the collection of archival documents for this paper.Disclosure statementNo potential conflict of interest was reported by the author(s).Additional informationNotes on contributorsShina AlimiShina Alimi is currently a Senior Lecturer at the Department of History, Obafemi Awolowo University, Ile-Ife, Nigeria. His research focuses on social and political history of Africa. He was a recipient of the 2022 Lagos African Cluster Centre postdoctoral Fellowship at the Institute of African and Diaspora Studies, University of Lagos. He is a non-residential Catalyst Fellow of the Centre of African Studies, University of Edinburgh, Scotland. His on-going research project sits at the intersection of death, space and material culture in Africa. His most recent article is titled “A Tale of Two Cities”: Cemetery Heterotopia and Spatial Relations in Lagos City, OMEGA-Journal of Death and Dying, 2022 journals.sagepub.com/home/ome","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135148648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"<i>Tukhta</i>: labour and resistance in the audit regime of the Soviet Gulag","authors":"John Welsh","doi":"10.1080/0023656x.2023.2253155","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2253155","url":null,"abstract":"Working from the memoir literature of Soviet Gulag survivors, the article explores the curious practice of tukhta as contrived by the toiling zeks of the archipelago. In a labour regime tasked with accumulating surplus, destroying political dissent, and transforming the subjectivity of the imprisoned, tukhta proved to be a tactical means for resisting the logic of Gulag as an audit regime. The subtle labour control of numbers effected by Gulag demanded equally sophisticated practices of resistance on the part of the zeks subjected to its technique, and tukhta was one of those practices. When treated as a kind of phronesis, the informal and ethical quality to the practice of tukhta can be appreciated in a way that more formal social scientific epistemology and historical method would miss. Perhaps the most salient counter-conduct to be found in the experiences of Gulag’s orchestration of labour control, tukhta has the potential to reveal a great deal about audit regimes generically beyond the historical bounds of Soviet Russia. Historical inspiration for engaging audit regimes can therefore be derived from the ethico-political practice of tukhta, where otherwise there might just be pessimism, demoralization, and resigned acceptance to the awesome power of those regimes.","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135397421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Working the salterns. Convict workers in the natural salt pans of Hambantota, in British colonial Sri Lanka","authors":"Sanayi Marcelline","doi":"10.1080/0023656x.2023.2252768","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2252768","url":null,"abstract":"ABSTRACTIn the early 19th century, the British colonial state in Sri Lanka embarked on an experiment in deploying convict labour for salt collecting. ‘Criminals’ from all parts of the island region convicted mainly for robbery and vagrancy and sentenced to hard labour by various courts of justice, were sent to an isolated outpost in the district of Hambantota in the deep south of Sri Lanka to labour at a naturally formed saltern known as the Maha Levaya. Executive, judicial, and administrative actors of the state played a key role in mobilising and immobilising the convicts at the saltern in order to fulfil the dual functions of punishment and profit. This paper contends that the inter-regional and local practice of im/mobilizing convicts to worksites as seen in Hambantota was a micro-spatial process of punishment, exile and labour extraction that was integral to larger processes of social control and labour coercion. However, despite the attempts at confining the convict labour force at the saltern through military and judicial means, the men condemned to labour for salt resisted the conditions of servitude through multiple strategies ranging from flight to evasion.KEYWORDS: Saltconvict labourSri Lankalabour coercionsocial controlresistance, disciplined mobility Disclosure statementNo potential conflict of interest was reported by the author.Notes1. Between 1796–1825, the British used the rix dollar as currency in Sri Lanka. It was derived from the Dutch rijksdaalder and stuiver.2. Supreme Court, Criminal Jurisdiction Colombo Second Session, Citation1806, July 16, Sri Lanka National Archives, Record Group 81/464.3. The Supreme Court functioned in a circuit (holding sessions in various locations of the island) and had full criminal jurisdiction over the Maritime Provinces in Sri Lanka, while the Sitting Magistrate’s courts functioned in local areas such as districts.4. I use the term labour extraction to imply the means through which labour effort was extracted by means of supervision, discipline, technology, punishment (Maxwell-Stewart, Citation2015).5. The term site of labour coercion indicates a workplace such as a factory, plantation or mine as opposed to a field of coercion which would mean the study of labour relations in sites situated along the production, distribution and consumption chains of a single commodity (De Vitto et al., Citation2020, p.652)6. The Abolition of the Slave Trade Act came in 1807. For a comprehensive study of slavery a subaltern experience in early British colonial Sri Lanka see Wickramasinghe, N. 2021; For the British abolition of slavery in Sri Lanka see Wickramasinghe, C. 2010, pp. 315–335.7. Kangani is a Tamil word meaning supervisor or overseer.8. Letters from the Chief Secretary, Letters from Tho Eden to the Collector of Jaffna, 1828, November 18 and 27, Sri Lanka National Archives, Record Group 7/322, p. 158 and p. 162.9. The term ‘coolie’ is often associated with indentured contract labour migrants from Indi","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135784902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reconsidering labor coercion through the logics of Im<i>/</i>mobility and the environment","authors":"Claudia Bernardi, Amal Shahid, Müge Özbek","doi":"10.1080/0023656x.2023.2254245","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2254245","url":null,"abstract":"The ‘new mobilities paradigm’ formulated in the early 2000s allowed scholars of labor to explore the possibilities of the concept of im/mobility as an interpretive framework for understanding processes of work and labor. This paper contributes to the continued cross-fertilization between mobility studies and labor studies by exploring the theoretical and methodological prospects of focusing on assemblages of temporal- spatial practices that simultaneously compel and confine movement. The article suggests that means, processes, and extent of labor coercion can be understood by analyzing how people are compelled to move or are confined to specific sites temporarily or permanently. It discusses how employing space and im/mobility as conceptual tools uncover the role of diffused, hierarchical layers through which labor coercion emerges. In this regard, environment emerges as a significant factor. The paper examines how mobility becomes a line of flight from sites/fields of coercion, or locks people into new forms of coercive relations; the legal/ formal or informal frameworks that regulate or govern labor im/mobility within specific sites; and how the logics of deployment and coercion overlap and mutually reinforce one another. Ultimately, it aims to contribute to the calls for non-linear, newly spatialized histories of labor processes and labor coercion.","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135981009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shorter hours and productivity: evidence from bituminous coal","authors":"William M. Boal","doi":"10.1080/0023656x.2023.2252749","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2252749","url":null,"abstract":"At the turn of the twentieth century, advocates for shorter working hours often claimed that workers were so fatigued by the end of the workday, that shortening daily hours from ten to eight would have little effect on output. This study examines the record for U.S. coal mining, analyzing both state-level and mine-level panel data during the transition to the eight-hour day. The hypothesis of zero effect is easily rejected. Instead, output declined almost proportionately with hours, but advancing technology made up for the lost output fairly quickly. There is some evidence that employment increased when the eight-hour day was adopted, as unionists hoped, but the effect is not precisely measured.","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136071236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Remembering Ludlow but Forgetting the Columbine: The 1927-1928 Colorado Coal Strike, by Leigh Campbell-Hale","authors":"Ji Wei","doi":"10.1080/0023656x.2023.2244152","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2244152","url":null,"abstract":"Remembering Ludlow but forgetting the Columbine: the 1927-1928 Colorado coal strike, by Leigh Campbell-Hale, Denver, University Press of Colorado, 2023, 332 pp. $47.00 (hardcover), ISBN: 9781646423019 Communities of Ludlow: collaborative stewardship and the Ludlow centennial commemoration commission, by Fawn-Amber Montoya and Karin Larkin (Editors), Louisville, Colorado, University Press of Colorado, 2022, 252 pp. $37.95 (hardcover), ISBN: 9781646422272","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"64 1","pages":"655 - 657"},"PeriodicalIF":0.7,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48504721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Dancing in the halls of the rich’? Fatal mine explosions and pro-employer bias in the UK mining inspectorate, 1870-1900","authors":"J. Singleton, J. Reveley","doi":"10.1080/0023656x.2023.2243456","DOIUrl":"https://doi.org/10.1080/0023656x.2023.2243456","url":null,"abstract":"","PeriodicalId":45777,"journal":{"name":"Labor History","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"58934609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}