Abstract

http://ssrn.com/abstract=1080041
 
 

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Which Law is Laggard? Regulation and the Gaps between Labour Law and Social Security Law


Terry Carney


University of Sydney - Faculty of Law

Gaby Ramia


Monash University - Department of Management

Anna Chapman


Melbourne Law School


LABOUR LAW AND LABOUR MARKET REGULATION - ESSAYS ON THE CONSTRUCTION, CONSTITUTION AND REGULATION OF LABOUR MARKETS AND WORK RELATIONSHIPS, pp. 383-409, Federation Press, 2006
Sydney Law School Research Paper No. 08/06
U of Melbourne Legal Studies Research Paper No. 315

Abstract:     
This paper analyses the interaction between labour law and social security law for two categories of work-life situation: workers with family responsibilities (WFR) and jobseekers. The categories of WFR and jobseeker each represent an emblematic spot on the spectrum of interaction between labour law and social security law, one primarily from labour law and the other from social security law, but with intersecting concepts either way. The central argument made in this chapter is that, although WFR are more transparently subject to a combination of laws in the labour and social security fields, it is jobseekers who are governed by a more integrated set of regulations. The complicating factor, however, is that this greater regulatory streamlining for jobseekers should not be taken to suggest that they are treated in a more humanistic way; for as we demonstrate, market principles are equally paramount in the regulation of both the WFR and jobseeker life-situations. Paradoxically, despite the apparent newness of regulation theory, it is the established tradition of integration between law and policy institutions in the social security system which determines the greater sophistication of jobseeker regulation. Though more clearly subjected to pressure and influence from non-traditional regulatory areas, labour law still suffers from a relative isolationism, which curtails legal and other rules from reaching out to integrate with broader factors bearing upon the social and life status of WFR.

Number of Pages in PDF File: 26

Keywords: Labor law, social security, regulatory theory

JEL Classification: K31, K10, I38, I31

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Date posted: January 3, 2008  

Suggested Citation

Carney, Terry and Ramia, Gaby and Chapman, Anna, Which Law is Laggard? Regulation and the Gaps between Labour Law and Social Security Law. LABOUR LAW AND LABOUR MARKET REGULATION - ESSAYS ON THE CONSTRUCTION, CONSTITUTION AND REGULATION OF LABOUR MARKETS AND WORK RELATIONSHIPS, pp. 383-409, Federation Press, 2006; Sydney Law School Research Paper No. 08/06; U of Melbourne Legal Studies Research Paper No. 315. Available at SSRN: http://ssrn.com/abstract=1080041

Contact Information

Terry Carney (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Gaby Ramia
Monash University - Department of Management ( email )
Wellington Road
Clayton, Victoria 3168
Australia
+61 3 990 31089 (Phone)
Anna Chapman
Melbourne Law School ( email )
Centre for Employment and Labour Relations Law
Parkville, Victoria 3010
Australia
61 3 8344 5625 (Phone)
61 3 9349 4623 (Fax)
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