Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives
本文质疑劳动法基于工人不可信假设而赋予雇主管理特权的历史根源，指出技术进步可能加剧其负面后果，并探讨信任型组织模式的利弊，强调集体劳动关系对实现真正信任的关键作用。
Abstract This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy. We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the study cautions that trust-based models can be used as a guise for employers to retain greater control over their employees and emphasizes the critical role of collective labour relations in ensuring true trust. The article concludes by arguing that policymakers must challenge the hierarchy-centred model of the employment contract and promote practices that reinforce social dialogue and collective voice in order to reap the benefits of trust-based business practices. This study sheds light on the need to re-evaluate the current employment landscape and consider alternative models that prioritize trust, autonomy, and social dialogue in the workplace.