A Comparative Analysis of Labor Outsourcing
Richard A. Bales
Ohio Northern University - Ohio Northern University College of Law
Stefanus Bryan Audyanto
G&G Law Firm
Holding Redlich Lawyers
Cornel B. Juniarto
King & Wood Mallesons
Douglas Menzies Chambers
March 24, 2014
Arizona Journal of International and Comparative Law, Vol. 31, 2014
This article compares the laws and the practice of labor outsourcing in five countries: Australia, China, Indonesia, Turkey, and the United States. The article finds both significant similarities and differences among the countries. For example, labor outsourcing is globally prolific and seems to be increasing. However, the general legal approach to regulating it varies considerably, with some countries adopting a regulatory model, others a hybrid regulatory-contractual model, and others not regulating it at all. Similarly, the scope of legal regulations varies considerably by country: some focus on protecting existing employees, other focus on curbing exploitation of workers performing outsourced work; some countries regulate the types of work that can be outsourced or subcontracted and others regulate the firms that can provide labor outsourcing services. Thus, a thorough understanding of labor outsourcing can be achieved only from considering the different perspectives and legal regimes in which it operates.
Number of Pages in PDF File: 37Accepted Paper Series
Date posted: March 25, 2014
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