The Principle of Proportionality in Labor Law and its Impact on Precarious Workers

18 Pages Posted: 30 Oct 2012

See all articles by Guy Davidov

Guy Davidov

Hebrew University of Jerusalem - Faculty of Law

Date Written: October 1, 2012

Abstract

The principle of proportionality is a key legal tool used in human rights' settings. It usually includes three tests, examining the relationship between goals and means in the achievement of some legitimate goal: there has to be a rational relation between the means and the goal; the means chosen should impair rights as minimally as possible; and the gains should be proportional to the price in terms of rights' infringement. I argue that these tests are used (although sometimes without reference to the explicit term "proportionality") in many labor law contexts, including in the private sector. Examples will be given from Israeli case law. I then argue that the use of these tests in the labor law context is justified and should be further extended, albeit with some limits. In this regard, special attention will be given to strategic and distributive considerations: to what extent can the principle of proportionality be used to improve the situation of precarious workers, as opposed to stronger workers.

Suggested Citation

Davidov, Guy, The Principle of Proportionality in Labor Law and its Impact on Precarious Workers (October 1, 2012). Comparative Labor Law & Policy Journal, Vol. 34, No. 1, 2012. Available at SSRN: https://ssrn.com/abstract=2168275 or http://dx.doi.org/10.2139/ssrn.2168275

Guy Davidov (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mt. Scopus
Jerusalem, 91905
Israel

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