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A Purposive Approach to Labour Law$
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Guy Davidov

Print publication date: 2016

Print ISBN-13: 9780198759034

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198759034.001.0001

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The Goals of Specific Labour Laws

The Goals of Specific Labour Laws

Some Examples

(p.72) 5 The Goals of Specific Labour Laws
A Purposive Approach to Labour Law

Guy Davidov

Oxford University Press

This chapter moves from the general goals of labour law to the concrete goals of specific labour laws. An inquiry into the goals of specific regulations is a necessary component of the purposive analysis. Three laws are examined (as examples): minimum wage laws, collective bargaining laws, and unjust dismissal (‘just cause’) laws. For each of these, the chapter conducts an in-depth review of possible justifications as well as critiques, and concludes with an articulation of the goals. It is argued that the goals of the minimum wage are redistribution and protecting dignity; the goals of collective bargaining laws are promoting workplace democracy, redistribution, and efficiency; and just cause laws are needed to provide security, which is justified because of the unique characteristics of employment relationships and the nature of the employer–employee exchange (subordination for security).

Keywords:   minimum wage laws, collective bargaining laws, unfair dismissal laws, just cause, redistribution, efficiency, workplace democracy, security, dignity

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