Negotiating for Social Justice
Edited by Susan Hayter
Chapter 3: Negotiating Working Time in Fragmented Labour Markets: Realizing the Promise of ‘Regulated Flexibility’
3. Negotiating working time in fragmented labour markets: realizing the promise of “regulated flexibility” Sangheon Lee and Deirdre McCann 3.1 INTRODUCTION1 This chapter examines one dimension of innovation in collective bargaining, in the area of working time, and reflects on its potential for developing countries. In the working time context, the notion of bargaining innovation tends to be ascribed to negotiations that both secure productivity improvements and extend to workers a degree of influence or control over their working hours. The type of regulatory structure that can most effectively realize this goal is also widely accepted to be one in which the potential for individual choice over working hours is embedded in a strongly protective regulatory framework (Lee and McCann 2006). A question that remains unanswered, and one central to this chapter, is the degree to which innovative bargaining on working time is relevant or appropriate to regulatory frameworks in the fragmented labour markets that characterize developing countries. The portability of such strategies and the accompanying institutional frameworks has been the subject of growing interest in recent decades, as part of a heightened preoccupation with the role of labour market regulation in low-income setting (see Lee and McCann 2011). This chapter is intended to contribute to the debate and builds on the authors’ prior work on the role of working time norms in the context of the labour markets and legal environments of developing countries. In doing so, the chapter extends to low-income settings the concerns and preoccupations of a...
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