{"title":"解决菲律宾劳资纠纷:多中心监管框架下的合法性和有效性","authors":"CAROLYN SUTHERLAND, AMANDA DARSHINI SELVARAJAH","doi":"10.1111/jols.70008","DOIUrl":null,"url":null,"abstract":"<p>This article provides an empirically informed account of the processes for resolving labour disputes in the Philippines. Moving beyond earlier studies that have focused on the ineffectiveness of formal processes, we widen the scope of our inquiry to examine the labour dispute resolution regime as a polycentric regulatory framework. We focus on disputes about firms’ labour-hire practices to explore the roles of state-based and non-state-based regulatory actors and the interaction of formal and informal processes within the dispute resolution regime. Despite the failings of the formal dispute resolution system, we find that it provides a central focus for these disputes and that regulatory actors move fluidly between formal and informal processes to bolster their legitimacy claims and to overcome obstacles in the formal system. The strategic use of informal processes also allows workers’ representatives to influence the broader political and economic forces that underpin the widespread adoption of precarious working conditions.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"52 3","pages":"480-506"},"PeriodicalIF":1.9000,"publicationDate":"2025-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70008","citationCount":"0","resultStr":"{\"title\":\"Resolving labour disputes in the Philippines: legitimacy and effectiveness in a polycentric regulatory framework\",\"authors\":\"CAROLYN SUTHERLAND, AMANDA DARSHINI SELVARAJAH\",\"doi\":\"10.1111/jols.70008\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article provides an empirically informed account of the processes for resolving labour disputes in the Philippines. Moving beyond earlier studies that have focused on the ineffectiveness of formal processes, we widen the scope of our inquiry to examine the labour dispute resolution regime as a polycentric regulatory framework. We focus on disputes about firms’ labour-hire practices to explore the roles of state-based and non-state-based regulatory actors and the interaction of formal and informal processes within the dispute resolution regime. Despite the failings of the formal dispute resolution system, we find that it provides a central focus for these disputes and that regulatory actors move fluidly between formal and informal processes to bolster their legitimacy claims and to overcome obstacles in the formal system. The strategic use of informal processes also allows workers’ representatives to influence the broader political and economic forces that underpin the widespread adoption of precarious working conditions.</p>\",\"PeriodicalId\":51544,\"journal\":{\"name\":\"Journal of Law and Society\",\"volume\":\"52 3\",\"pages\":\"480-506\"},\"PeriodicalIF\":1.9000,\"publicationDate\":\"2025-08-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.70008\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Law and Society\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jols.70008\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.70008","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Resolving labour disputes in the Philippines: legitimacy and effectiveness in a polycentric regulatory framework
This article provides an empirically informed account of the processes for resolving labour disputes in the Philippines. Moving beyond earlier studies that have focused on the ineffectiveness of formal processes, we widen the scope of our inquiry to examine the labour dispute resolution regime as a polycentric regulatory framework. We focus on disputes about firms’ labour-hire practices to explore the roles of state-based and non-state-based regulatory actors and the interaction of formal and informal processes within the dispute resolution regime. Despite the failings of the formal dispute resolution system, we find that it provides a central focus for these disputes and that regulatory actors move fluidly between formal and informal processes to bolster their legitimacy claims and to overcome obstacles in the formal system. The strategic use of informal processes also allows workers’ representatives to influence the broader political and economic forces that underpin the widespread adoption of precarious working conditions.
期刊介绍:
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.