Law provides for equal working conditions concerning ethnicity/race
| Quick info | |
|---|---|
| Data type | Numeric |
| Scale | Metric |
| Value labels | Not applicable in the strict sense since the scale is quasi-metric, but for coding the following values were used for orientation:
New template for Version 2 adds: further gradations between 0 and 1 reflect changes in the strength of the law |
| Technical name | labor_eqwc_ethn |
| Category | Labour and labour market |
| Label | Law provides for equal working conditions concerning ethnicity/race |
| Related indicators |
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This WoL indicator measures the extent and strength of the legal equalisation of ethnically or racially disadvantaged people in terms of working conditions.
The unequal treatment based on the construction of race and ethnic differences that has developed especially in the context of slavery, colonialism and imperialism, cannot be overcome by simply banning unequal treatment. To end this tradition of discrimination and unequal treatment, antidiscrimination law has been introduced, with racial discrimination being among the first to be adressed. This variable exclusively covers legislation concerning working conditions, although general antidiscrimination norms covering both access to work and working conditions are to be considered as well.
Original template: The structure is simplified aiming to reduce complexity of coding. Any antidiscrimination legislation prohibiting racial discrimination is covered. Since equal pay for equal work-rules are special forms of antidiscrimination law, they are given an intermediate value since they are not covered by the equal pay-standard in "Equal pay for work of equal value is legally provided for". It does not make a difference whether racial discrimination is explicitly covered or not by antidiscrimination legislation, nor the degree, if it is covered by the objective of the norm.
Revised template: the modification should make developments visible and better represent the complex development of antidiscrimination legislation concerning gender. From a general prohibition of discrimination, a differentiation between direct and indirect discrimination has been developed, among others. Since individual complaints will seldom be made against the employer in an ongoing employment relationship, the law may provide for collective bodies to engage in defense and behalf of employees and foresee special procedures. Short time limits to complain against discrimination may frustrate activities to engage against discrimination and thus reduce effects of the law. Race is not the only factor that can make it more difficult for women to enter and remain in the labour market. In many cases, racial or ethnic criteria interacts with other factors such as gender, social class, disability, sexual orientation or other factors. These factors can be additive, but they can also be inextricably linked (intersectional discrimination). The strength of legal provisions for active equality can therefore be seen from whether the law merely prescribes simple equality measures, or whether it prescribes more complex measures, such as preferential treatment or even the targeted active combating of multiple, including intersectional, discrimination.
Coding rules
The WoL is a leximetric dataset on individual employment protection. It quantifies the strength of the standard-setting, privileging, and equalising function of individual labour law (see Dingeldey et al. 2020). The scale ranges from "0" to "1" where "0" corresponds to no guarantee of equal working conditions exists and "1" to the law is guaranteeing equal working conditions concerning ethnicity/race. For country-specific information see WoL documentation (forthcoming).
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
Related publications:- Mückenberger, Ulrich, 1985. "Die Krise des Normalarbeitsverhältnisses - Hat das Arbeitsrecht noch Zukunft?" Zeitschrift für Sozialreform 31: 415-434; 457-475
- Mückenberger, Ulrich, and Simon Deakin. 1989. "From Deregulation to a European Floor of Rights: Labour Law, Flexibilisation and the European Single Market." Zeitschrift Für Ausländisches Und Internationales Arbeits- Und Sozialrecht 3: 153–207.
Misc
Project manager(s): Karolin Meyer, Jean-Yves Gerlitz, Andrea Schäfer
Data release:- Version 0.001: Initial release
Revisions: No revisions yet
Sources
- own coding
