农民工与工资盗窃:法律行动是集体行动的有效形式吗?

IF 1 4区 社会学 Q3 INDUSTRIAL RELATIONS & LABOR
M. O'Sullivan, J. MacMahon
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引用次数: 1

摘要

由于易受伤害的移徙工人面临许多障碍,他们通常非常不愿意采取法律行动来反对剥削,审查这种行动的特殊情况是很重要的。本文介绍了一个非工会葡萄牙建筑工人的案例研究,他们在爱尔兰工作期间,因各种形式的工资盗窃,与葡萄牙雇主进行了漫长的法律斗争。这条的目的是评估他们的法律行动在多大程度上是一种有效的集体行动形式。为此,我们借鉴劳资关系和法律文献来探讨集体诉讼和诉讼的目的,并运用这种理解来评估农民工法律案件的结果。我们发现,工人的法律行动是一种部分有效的集体行动形式,旨在解决他们不满的根源。该案例研究强调了在制度环境中出现的监管困境,在这种环境中,工人参与自愿形式的集体行动的能力受到限制,他们寻求利用法律制度作为集体主体。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Migrant Workers and Wage Theft: Is Legal Action an Effective Form of Collective Action?
Vulnerable migrant workers are generally very reluctant to take legal action to challenge exploitation given the many obstacles they face, and instances of such action are important to examine for their exceptionality. This article presents a case study of non-unionised Portuguese construction workers who engaged in a lengthy legal battle against their Portuguese employers for various forms of wage theft while they worked in Ireland. The aim of the article is to assess the extent to which their legal action was an effective form of collective action. To do so, we draw on industrial relations and law literature to explore the purposes of collective action and litigation and apply this understanding to assess the outcomes of the migrant workers’ legal cases. We find that the workers’ legal action was a partially effective form of collective action that sought to address the source of their discontent. The case study highlights the regulatory dilemmas that arise in an institutional environment where workers ability to engage in voluntarist forms of collective action is constrained and they seek to use the legal system as collective subjects.
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来源期刊
CiteScore
1.90
自引率
20.00%
发文量
30
期刊介绍: Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform. In addition Industrial Law Journal carries commentary on relevant government publications and reviews of books relating to labour law.
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