Difference between revisions of "Equalising function"
| Line 13: | Line 13: | ||
<li>[[Standard-setting function]]</li> | <li>[[Standard-setting function]]</li> | ||
<li>[[Privileging function]]</li> | <li>[[Privileging function]]</li> | ||
| + | <li>[[Law provides for equal access to employment for men and women]]</li> | ||
| + | <li>[[Law provides regulation of positive discrimination of women]]</li> | ||
| + | <li>[[Law provides for equal access to employment concerning ethnicity/race]]</li> | ||
| + | <li>[[Law provides regulation of positive discrimination of ethnicity/race]]</li> | ||
| + | <li>[[Equal pay for equal work is legally provided for]]</li> | ||
| + | <li>[[Law provides for equal working conditions for men and women]]</li> | ||
| + | <li>[[Law provides for equal working conditions concerning ethnicity/race]]</li> | ||
| + | <li>[[Employees enjoy right to a general minimum wage]]</li> | ||
| + | <li>[[Fixed-term contracts are allowed only for limited duration]]</li> | ||
| + | <li>[[Maximum duration of fixed-term contracts]]</li> | ||
| + | <li>[[Agency work is prohibited or strictly controlled]]</li> | ||
| + | <li>[[Part-time workers have the right to equal treatment]]</li> | ||
| + | <li>[[Dismissing costs for part-time workers is proportional]]</li> | ||
| + | <li>[[Fixed-term workers have the right to equal treatment]]</li> | ||
| + | <li>[[Agency workers have the right to equal treatment]]</li> | ||
</ul> | </ul> | ||
| − | |description = protection of social groups of | + | |description = The equalising function refers to a form of legal segmentation which arises from passivity, meaning that contractual freedom allows employers to circumvent employment protection resulting in inequalities between groups. Thus, it captures the level of protection of social groups of employees who are discriminated against, as part of a cultural phenomenon or related to non-standard employment contracts. The function is measured by 15 indicators and includes norms relating to the two dimensions discrimination and flexibilisation and focuses on two aspects each (access, working conditions, restriction, equal treatment). |
| − | employees who are discriminated against, as | ||
| − | part of a cultural phenomenon or related to | ||
| − | non-standard employment contracts. | ||
| − | |||
|codingrules = | |codingrules = | ||
| + | Law provides for equal access to employment for men and women | ||
| + | Law provides regulation of positive discrimination of women | ||
| + | Law provides for equal access to employment concerning ethnicity/race | ||
| + | Law provides regulation of positive discrimination of ethnicity/race | ||
| + | Equal pay for equal work is legally provided for | ||
| + | Law provides for equal working conditions for men and women | ||
| + | Law provides for equal working conditions concerning ethnicity/race | ||
| + | Employees enjoy right to a general minimum wage | ||
| + | Fixed-term contracts are allowed only for limited duration | ||
| + | Maximum duration of fixed-term contracts | ||
| + | Agency work is prohibited or strictly controlled | ||
| + | Part-time workers have the right to equal treatment | ||
| + | Dismissing costs for part-time workers is proportional | ||
| + | Fixed-term workers have the right to equal treatment | ||
| + | Agency workers have the right to equal treatment | ||
| + | |||
|citation = | |citation = | ||
<ul> | <ul> | ||
| Line 42: | Line 69: | ||
<ul> | <ul> | ||
<li>Andrea Schäfer</li> | <li>Andrea Schäfer</li> | ||
| + | <li>Jean-Yves Gerlitz</li> | ||
</ul> | </ul> | ||
| − | |||
|datarelease = | |datarelease = | ||
<ul> | <ul> | ||
Revision as of 15:43, 18 May 2021
The equalising function refers to a form of legal segmentation which arises from passivity, meaning that contractual freedom allows employers to circumvent employment protection resulting in inequalities between groups. Thus, it captures the level of protection of social groups of employees who are discriminated against, as part of a cultural phenomenon or related to non-standard employment contracts. The function is measured by 15 indicators and includes norms relating to the two dimensions discrimination and flexibilisation and focuses on two aspects each (access, working conditions, restriction, equal treatment).
Coding rules
Law provides for equal access to employment for men and women Law provides regulation of positive discrimination of women Law provides for equal access to employment concerning ethnicity/race Law provides regulation of positive discrimination of ethnicity/race Equal pay for equal work is legally provided for Law provides for equal working conditions for men and women Law provides for equal working conditions concerning ethnicity/race Employees enjoy right to a general minimum wage Fixed-term contracts are allowed only for limited duration Maximum duration of fixed-term contracts Agency work is prohibited or strictly controlled Part-time workers have the right to equal treatment Dismissing costs for part-time workers is proportional Fixed-term workers have the right to equal treatment Agency workers have the right to equal treatment
Bibliographic info
Citation:- Dingeldey, Irene, Heiner Fechner, Jean-Yves Gerlitz, Jenny Hahs, and Ulrich Mückenberger. 2020. "Measuring Legal Segmentation in Labour Law." SOCIUM SFB 1342 Working Papers No. 5, Bremen: SOCIUM, University of Bremen. https://www.socialpolicydynamics.de/f/90e3891ffd.pdf
- Dingeldey, Irene, Heiner Fechner, Jean-Yves Gerlitz, Jenny Hahs, and Ulrich Mückenberger. FORTHCOMING. "Worlds of Labour: Introducing the SPE Typology as a Measure of Legal Segmentation in Labour Law." Manuscript under review at the Industrial Law Journal.
- Adams, Zoe, Louise Bishop, and Simon Deakin. 2016. CBR Labour Regulation Index (Dataset of 117 Countries). Cambridge: Centre for Business Research. https://www.repository.cam.ac.uk/bitstream/handle/1810/263766/CBR_LRI_Dataset_Codebook_Methodology_2017_pdf.pdf?sequence=16&isAllowed=y
- Deakin, Simon, Jonas Malmberg, and Prabirjit Sarkar. 2014. "How do labour laws affect unemployment and the labour share of national income? The experience of six OECD countries, 1970-2010". International Labour Review 153 (1): 1-27. https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1564-913X.2014.00195.x
Adams, Zoe, Parisa Bastani, Louise Bishop, and Simon Deakin. 2017. "The CBR-LRI Dataset: Methods, Properties and Potential of Leximetric Coding of Labour Law." International Journal of Comparative Labour Law and Industrial Relations 33 (1): 59–91. http://kluwerlawonline.com/abstract.php?area=Journals&id=IJCL2017004
Misc
Project manager(s):- Andrea Schäfer
- Jean-Yves Gerlitz
Sources
- Own coding (WoL; Dingeldey, Irene, Heiner Fechner, Jean-Yves Gerlitz, Jenny Hahs, and Ulrich Mückenberger)
- Deakin, Simon, John Armour, and Mathias Siems. 2017. "CBR Leximetric Datasets [updated] [Dataset]". https://doi.org/10.17863/CAM.9130
