Author ORCID Identifier
Valerio De Stefano: 0000-0003-1050-853X
Document Type
Article
Publication Date
8-26-2023
Source Publication
Industrial Law Journal, 2023 https://doi.org/10.1093/indlaw/dwad022
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 trustbased 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.
Repository Citation
De Stefano, Valerio; Durri, Ilda; Stylogiannis, Charalampos; and Wouters, Mathias, "Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives" (2023). Articles & Book Chapters. 3077.
https://digitalcommons.osgoode.yorku.ca/scholarly_works/3077
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial 4.0 License
Comments
"This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial License (https://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited."