Collective Bargaining Laws: Purpose and Scope
International Journal of Comparative Labour Law and Industrial Relations, Vol. 20, pp. 81-106, 2004
20 Pages Posted: 5 Jun 2004
This article argues that the right to bargain collectively should be given to every person working for others for pay who suffers a significant degree of democratic deficits or economic dependency in this work relationship. This would constitute a much broader scope of application compared with the current situation in most countries. This change is justified based on an inquiry into the purpose of laws that allow and promote the practice of collective bargaining, on the one hand; and the purpose of laws that prevent cooperation among potential competitors, on the other. Collective bargaining laws promote workplace democracy, redistribution of resources, and efficiency. It is shown that, as far as the broadened group of workers suggested here is concerned, the goals of competition laws are not contradictory.
Keywords: Collective bargaining, independent contractor, employee, employment relations, labor law
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