A Comparative Analysis of Labor Outsourcing

24 Pages Posted: 25 Mar 2014 Last revised: 22 Aug 2015

See all articles by Richard A. Bales

Richard A. Bales

Ohio Northern University - Pettit College of Law

Stefanus Audyanto

Hermawan Juniarto

Sefa Guven

G&G Law Firm

Maria Jockel

Holding Redlich Lawyers

Cornel Juniarto

Hermawan Juniarto

Jiang Junlu

King & Wood Mallesons

David Langmead

Douglas Menzies Chambers

Date Written: March 24, 2014

Abstract

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.

Suggested Citation

Bales, Richard A. and Audyanto, Stefanus and Guven, Sefa and Jockel, Maria and Juniarto, Cornel and Junlu, Jiang and Langmead, David, A Comparative Analysis of Labor Outsourcing (March 24, 2014). Arizona Journal of International and Comparative Law, Vol. 31, 2014. Available at SSRN: https://ssrn.com/abstract=2413605

Richard A. Bales (Contact Author)

Ohio Northern University - Pettit College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)

HOME PAGE: http://law.onu.edu/node/3073

Stefanus Audyanto

Hermawan Juniarto ( email )

Sefa Guven

G&G Law Firm ( email )

Maria Jockel

Holding Redlich Lawyers ( email )

Cornel Juniarto

Hermawan Juniarto ( email )

Jiang Junlu

King & Wood Mallesons ( email )

20th Floor, East Tower, World Financial Center
1 Dongsanhuan Zhonglu
Beijing, Chaoyang District 100020
China

David Langmead

Douglas Menzies Chambers ( email )

Level 1
180 William Street
Melbourne
Australia

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