美国劳工的新前景:一项提议

New Prospects for American Labor: A Proposal

ORGANIZATION · 1995
被引 36
人大 A-ABS 3

中文导读

探讨美国私营部门员工权利的重构,指出基于集体合同和法规的传统保护失效,而企业单方授予的权利日益重要,并提出“选择权利”方案以有效服务工人。

Abstract

The reformulation of employee rights constitutes one important dynamic in the ongoing refashioning of US private-sector employment relations. Rights are currently being contested because of the growing inefficacy of traditional worker protections rooted in collective contracts and statutes; new rights forms, especially enterprise rights (rights unilaterally granted by employers) have assumed an increasing importance, especially since a dramatic new jurisprudence of labor law based on contract theory has substantially eroded the traditional doctrine of at-will employment. Enterprise rights based on market competition may serve workers effectively, but only if they are supported by certain key interventions in market processes. One possible schema, Choosing Rights, is explored.

劳动法劳资关系法律经济学美国就业关系