Re-Inventing Labour Law Enforcement: A Socio-Legal Analysis

Louise Munkholm

This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato - a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance.Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

Socio-legal examination of Chinese workers' protection in Prato gives practical dimension to study of how law might respond

1. IntroductionI. Emerging Methods in Labour Law Enforcement: A Review of the LiteratureII. Research DesignIII. The Case of PratoIV. Structure of the Book2. Theoretical FrameworkI. IntroductionII. Law as a Social and Cultural PhenomenonIII. Nonet and Selznick: Law and Society in TransitionIV. Assessing the Typology - A Review of the Use of Nonet and Selznick's ModelV. Conclusion3. Prato, Third Italy and the ChineseI. IntroductionII. Prato and Third ItalyIII. The Chinese in PratoIV. Conclusion4. The Organisation of Labour Law Enforcement in ItalyI. IntroductionII. Sources of Italian Labour LawIII. The Italian Labour Inspection SystemIV. Trade Unions as Local Enforcement AgentsV. The Role of Consultants in Labour Law EnforcementVI. Conclusion5. Conducting InspectionsI. IntroductionII. 'I Want Safety. Not Risks'III. Labour Inspectors at Work in PratoIV. Obstacles: Language, Fear and Conflicting InterestsV. A Brief View on Inspection Activities in Prato in 2013-2016VI. Conclusion6. Guidelines for Self-RegulationI. IntroductionII. Video Campaigning: 'Protecting the Safety and Rights of Chinese Workers'III. The ASL Guidelines: 'Indications for Risk Assessment'IV. The ASCI Questionnaire: An Integrated Checking ToolV. Conclusion7. Dialogue-Based AdviceI. IntroductionII. Progetto PratoIII. Law Technicians at WorkIV. Conclusion8. Conclusions and Paths for Future ResearchI. IntroductionII. Analytical Findings: Labour Law Enforcement in Chinese Businesses in Prato, ItalyIII. Paths for Future Research