Matthew E. Carnes

Continuity Despite Change (eBook, ePUB)

The Politics of Labor Regulation in Latin America

• Format: ePub

Produktbeschreibung

As the dust settles on nearly three decades of economic reform in Latin America, one of the most fundamental economic policy areas has changed far less than expected: labor regulation. To date, Latin America's labor laws remain both rigidly protective and remarkably diverse. Continuity Despite Change develops a new theoretical framework for understanding labor laws and their change through time, beginning by conceptualizing labor laws as comprehensive systems or "regimes." In this context, Matthew Carnes demonstrates that the reform measures introduced in the 1980s and 1990s have only marginally modified the labor laws from decades earlier. To explain this continuity, he argues that labor law development is constrained by long-term economic conditions and labor market institutions. He points specifically to two key factors-the distribution of worker skill levels and the organizational capacity of workers.

Carnes presents cross-national statistical evidence from the eighteen major Latin American economies to show that the theory holds for the decades from the 1980s to the 2000s, a period in which many countries grappled with proposed changes to their labor laws. He then offers theoretically grounded narratives to explain the different labor law configurations and reform paths of Chile, Peru, and Argentina. His findings push for a rethinking of the impact of globalization on labor regulation, as economic and political institutions governing labor have proven to be more resilient than earlier studies have suggested.

---

Dieser Download kann aus rechtlichen Gründen nur mit Rechnungsadresse in A, D ausgeliefert werden.

Produktdetails

• Verlag: Stanford University Press
• Seitenzahl: 256
• Erscheinungstermin: 13. August 2014
• Englisch
• ISBN-13: 9780804792424
• Artikelnr.: 48417959

Autorenporträt

Matthew E. Carnes is Assistant Professor in the Department of Government at Georgetown University.

Inhaltsangabe

Contents and Abstracts
Introduction: Introduction: Continuity Despite Change
chapter abstract
This chapter describes the puzzling persistence of extremely protective
labor laws in Latin America, in spite of significant competitive pressures
from globalization and a series of attempted reforms in the 1980s and
1990s. It notes that labor laws have been more resistant to reform than any
other area of economic policy, and motivates the rest of the book by
explaining the importance of labor law as both a dependent variable and
independent variable, outlining the history of study of Latin American
labor laws, and describing the implications of different forms of labor
regulation for outcomes as diverse as economic inequality and political
participation. It concludes with an overview of the remaining chapters of
the book.
1Explaining Enduring Labor Codes in Developing Countries: Skill
Distributions and the Organizational Capacity of Labor
chapter abstract
This chapter builds a general theory of labor regulation. It describes the
labor law "policy space" and articulates a typology of four hypothetical
labor law "regimes." It traces the origins to these regimes to two
explanatory variables: (1) the distribution of skills in the economy, and
(2) the ability of labor to organize to represent its interests. It argues
that these factors played a critical role in shaping the earliest state
efforts at regulating labor relations in Latin America, beginning in the
late 1800s and early 1900s. It then develops a series of arguments about
how skill distributions and labor organization functioned under successive
waves of economic policy. During industrialization (as occurred in the
middle of the twentieth century), they shaped the expansion of coverage of
labor regulation. And under globalization (at the turn of the millennium),
they constrained - and in many cases, severely limited - the extent of
liberalizing reforms.
2Using Multiple Methods to Understand Labor Law Development in Latin
America
chapter abstract
This chapter describes the two-pronged methodological approach employed in
the remainder of the book. First, it describes the original dataset
assembled for the quantitative analysis - a comparative operationalization
of 23 labor law features from 18 countries - and details the strengths and
weaknesses implied in a quantitative research strategy. Next, it describes
the qualitative, "analytic narrative" approach employed in the case
studies. It discusses the selection criteria for choosing Chile, Peru, and
Argentina as exemplary cases, and provides a preliminary comparison of
their relative skill levels and labor organization throughout the twentieth
century.
3Latin American Labor Laws in Comparative Perspective
chapter abstract
This chapter employs an original cross-national dataset of individual and
collective labor regulations to chart the range of variation in labor laws
within Latin America during the 1980-2005 period. Econometric analysis
finds that skill levels and organizational capacity are consistently
correlated with differences in labor regulation "regimes" in recent
decades. In addition, the chapter tests alternative hypotheses present in
the literature, finding that government partisanship has important effects
both through its historical legacies and through the reforms proposed by
sitting governments.
4Fragmented Individualism: Professional Labor Regulation in Chile
chapter abstract
This chapter examines Chile as an example of a "professional" labor law
regime, characterized by laws that strongly protect individual labor
relations but fragmented and weaken collective labor relations and unions.
It traces the roots of Chile's early labor laws to patterns of labor
recruitment in Chile's geographically isolated mines, its ports, and its
urban professional sectors. It then shows how subsequent periods of
economic development further fragmented coordination across labor unions,
while preserving significant individual protections for a reduced share of
the workforce in skilled or critical economic sectors.
5Contradictions, Division, and Competition: Encompassing Labor Regulation
in Peru
chapter abstract
This chapter examines Peru as an example of an "encompassing" labor law
regime, which offers low levels of individual worker protections but
facilitates independent union organization and activity. It argues that the
lower level of skills in the Peruvian economy made organization around
issues of individual contracting difficult. Further, frequent periods of
authoritarian rule and weak ties between workers and political parties
offered few opportunities for the advancement of labor's collective
interests. As a result, during the globalization period, Peru has
undermined even the weak labor laws it had developed, consigning an
ever-greater proportion of the population to work without legal protection.
6Integration and Incorporation: Corporatist Labor Regulation in Argentina
chapter abstract
This chapter examines Argentina as an example of a "corporatist" labor law
regime, with high levels of both individual and collective labor
regulations. It argues that the country's early labor market conditions -
including significant immigration from Europe and relatively high education
and skill levels - led to more extensive initial legal protections. In
later decades, labor law became a vehicle for incorporating a broad swath
of workers into the movement surrounding Perón and the party that has
continued his legacy. It concludes by contending that in recent years,
strong ties between the Peronist party and organized workers account for
the relatively meager liberalization that has occurred.
Conclusion: Conclusion: Politics and Labor Regulation in Latin America
chapter abstract
This brief chapter accomplishes three tasks. First, it summarizes the
book's major contributions, highlighting how its theoretical approach and
long historical perspective permit a better understanding of the surprising
stability in labor codes in Latin America, despite efforts and pressures
for reform. Second, it discusses the implications of the book's findings
for study of Latin American social policy, political economy, and
corporatism. It concludes by suggesting future avenues for research on
labor laws in the region, noting the need for more extensive study of
variation in compliance and enforcement of legal regimes.