诉讼与集体谈判在实现性别平等方面是互补还是替代?对英国《同工同酬法》的研究

Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act

Cambridge Journal of Economics · 2015
被引 42
人大 A-ABS 3

中文导读

研究了英国近期同工同酬诉讼浪潮,发现诉讼与集体谈判在推动性别平等方面主要起互补作用,诉讼对社会变革的推动力可能比一些近期观点认为的更强。

Abstract

We present a socio-legal case study of the recent equal pay litigation wave in Britain, which saw an unprecedented increase in the number of claims, triggered in part by the entry of no-win, no-fee law firms into this part of the legal services market. Although the rise in litigation led to greater adversarialism in pay bargaining, litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda. Although there are limits to the effectiveness of law-driven strategies in the face of organisational pressures to canalise and diffuse human rights, litigation may be a more potent force for social change than some recent accounts have suggested.

英国平等薪酬法性别平等诉讼集体谈判