The Role of the State Towards the Grey Zone of Employment: Eyes on Canada and the United States

58 Revue Interventions Économiques/Papers in Political Economy 1

Thomas Jefferson School of Law Research Paper No. 2978153

22 Pages Posted: 2 Jun 2017 Last revised: 27 Jun 2017

Susan Bisom-Rapp

Thomas Jefferson School of Law

Urwana Coiquaud

HEC Montreal - Department of Human Resources Management

Date Written: May 31, 2017

Abstract

In most countries, precarious working is on the rise and nonstandard forms of work are proliferating. What we call the “grey zone” of employment is generated by transformations at and with respect to work both in standard and nonstandard forms of working. Focusing on legal and policy regulation, and on the role of the state in the creation and perception of the grey zone, our contribution explains the way the government acts or fails to act, and the consequences of that activity or inactivity on the standard employment relationship. Examining and juxtaposing conditions in our two countries, Canada and the United States, our thesis is that the state plays a paradoxical role in the growth of nonstandard work and increasing precariousness. To assist the analysis, we construct a matrix for understanding the efforts or inertia on the part of the government. We conclude that there are seven ways in which to comprehend the role played by the government vis-à-vis the grey zone.

Keywords: state, grey zone, labour law, labor law, nonstandard employment relationship, precarious work, employment

JEL Classification: J01, J00, J2, J20, J21, J23, J24, J3, K31

Suggested Citation

Bisom-Rapp, Susan and Coiquaud, Urwana, The Role of the State Towards the Grey Zone of Employment: Eyes on Canada and the United States (May 31, 2017). 58 Revue Interventions Économiques/Papers in Political Economy 1; Thomas Jefferson School of Law Research Paper No. 2978153. Available at SSRN: https://ssrn.com/abstract=2978153

Susan Bisom-Rapp (Contact Author)

Thomas Jefferson School of Law ( email )

1155 Island Avenue
San Diego, CA 92101
United States
619-961-4208 (Phone)
619-961-1208 (Fax)

Urwana Coiquaud

HEC Montreal - Department of Human Resources Management ( email )

Canada

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