The Synthesis between Labour Rights and Competition Law – A Quest for Fair Globalization

14 Pages Posted: 22 Feb 2019

Date Written: February 22, 2019

Abstract

The protection and promotion of labour rights at the peak of globalization with digitalized economy needs altogether a different treatment, especially so with regards to a developing economy which has great challenges of dealing with poverty and concentration of wealth. It is a common understanding about law that a good law is the one which is able to accommodate exceptional conditions. Thus every law is all pervasive if it has general rule followed by exceptions. This analogy is very relevant with respect to various rights of the working class vis-a-vis the Competition Law also known as the Anti- trust law.

The paper makes an attempt to examine the exceptions to the application of the competition law, rules and policies in the area of various activities of the labour/ employees recognized by law in regard to a workplace, with a view of protecting their rights and interest. The Competition Law promotes free competition in a liberalized economy and leaves all aspects to be determined by the market conditions. The globalization process has compelled all stakeholders to pass and implement Competition Law and frame an appropriate policy, any violation of this is viewed as direct attack on healthy practice of a globalized economy. The question here is should the working class be left to be governed by market forces in regard to their working conditions and denied the age old rights they have acquired after a great struggle which empowers them to negotiate terms and conditions of work or the statutory protection where provided for?

Keywords: labour, rights, globalization, economy, competition, anti-trust

Suggested Citation

Patel, Durgambini, The Synthesis between Labour Rights and Competition Law – A Quest for Fair Globalization (February 22, 2019). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 4/2019. Available at SSRN: https://ssrn.com/abstract=3339898 or http://dx.doi.org/10.2139/ssrn.3339898

Durgambini Patel (Contact Author)

University of Pune ( email )

Ganeshkhind
University Road
Pune, 411007
India

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