Regulation of work and employment: Towards a multidisciplinary, multilevel framework

Lead Research Organisation: Newcastle University
Department Name: Newcastle University Business School

Abstract

Work and employment remain a central concern to people's livelihoods, wellbeing and identities. But how are the terms, nature and quality of work and employment determined? In other words, what is the system of regulation that shapes and reproduces these terms? This series aims to address the complexities and dynamics of the forces that give rise to patterns of regulation at local, national, supranational and international levels. The series will contribute to developing understanding of these issues and in doing so; it will inform policies, strategies and practices of government, businesses and unions.

The regulation of work and employment has always generated debate about the competing demands between economic concerns (e.g., competitiveness and productivity), and social concerns (e.g., worker rights, equality and social justice). However, the global financial crisis has created a high degree of tension as businesses struggle to reconcile the need to survive intensified competition whilst dealing with the fragmentation of industrial relations (IR). In this context, the regulation of work and employment is a central point of contention. Such controversy is evidenced in the debates around UK membership of the EU (Monks, 2013).

For governments, policy-makers and inter-governmental agencies, this translates into struggles to set the 'rules of the game' and the degree of intervention. Most workers and their families, as well as unions welcome regulation as they see it as a key element of decent work, work-life balance and health and safety (van Wanrooy et al., 2011; Sanséau and Smith, 2012). However, many employers argue that a high degree of regulation may discourage them from investing and creating jobs in a local economy, instead driving them to countries with a lower degree of regulation. From the perspective of the labour movement, such arguments can precipitate an international 'race to the bottom' in terms of employers offering poor conditions rather than decent opportunities.

These contradictions are seen in diverse discussions about regulation at national and supranational levels. For example, the UK government's "Red Tape Challenge" (BIS, 2012); the EU15 Project (OECD, 2012), and the report on Standards for Rule Making (Business Council of Australia, 2012) show that regulation is seen as a burden on business. The CBI (2012) notes that regulation stymies performance and economic growth, and hinders investment. Indeed, in the last two decades there has been an increase in governments' efforts to reform (i.e. reduce) regulatory interventions into labour markets and workplaces. However, the OECD (2004, 2012) recognises that a regulatory framework is essential to efficient markets and effective government. At an international level, evidence from economies such as Germany suggests that employment protection and strong economic output can coexist.

This highlights that regulation should no longer be a theme reserved for specialist discussion. This seminar programme presents a timely opportunity to establish an innovative, collaborative dialogue where diverse discussions are brought together with a view of improving our learning in academic terms and to influence policy-making and practices (see Bamber et al., 2010; Bamber et al., 2011).

We propose six seminars focusing on:
1. Competing approaches to regulation of work and employment.
2. Workplace regulation: human resource management (HRM) and IR issues.
3. International regulation.
4. Regulation and the individual experience of work.
5. Regulation and the firm.
6. The future of regulation.

Seminar 1 identifies the commonalities in seemingly disparate discourses, setting out key questions. Seminars 2-5 each explore regulation at a different level of analysis (workplace, international, individual and organisational). Seminar 6 establishes an agenda for the future that seeks to advance the discussion, inform and influence policy and practice.

Planned Impact

The series brings multidisciplinary, multilevel, international approaches to discuss the challenges associated with the regulation of work and employment. It is therefore of interest and practical significance to a range of stakeholders: academics, policy makers, public and private organisations, non-governmental organizations, consultants and professional societies, employer associations, inter-governmental agencies and trade unions. Given its focus on work and employment, the seminar series speaks directly to these range of stakeholders as they are all involved in different aspects of the regulation of work and employment; either at individual, organizational, national, supranational or international levels.

The main impact of the seminar series will be on the policy-making community (e.g., governments, inter-governmental agencies). Given that policy-makers have the difficult task of reconciling diverse interests; their work can antagonise some stakeholders. In this respect, facilitating a collective dialogue about these issues is fundamental not only to identify points of contention and points of encounter, but to deal with the inevitability of competing expectations. The seminar series will have a fundamental impact on the way policy-making organizations engage in discussion with other stakeholders about the purpose and scope of regulation. As a result of this, we suggest that the series has the potential to influence policy-makers.

We also envisage an impact on practitioners. The conception stage of the series had significant input from the ideas and proposed points of professional societies and employer associations. There is clear evidence of the need to establish a dialogue that is multidisciplinary and multi-level and in this respect; many of the issues that the series will address are directly related to the challenges identified by these stakeholders. The series will provide them with analytical tools to participate in these discussions more effectively.

Finally, we see the series as impacting scholars in the field. Discussions about academics being 'out of touch' or disconnected from 'the real world' lead back to the limited active engagement with practitioner and policy-making communities. In that respect, the dialogue facilitated by the series is not one-sided; where academics come as knowledge experts to address a passive audience of participants. Instead, the series relies on a careful organisation of discussion that fosters knowledge sharing and collaborative knowledge building. Different stakeholders will draw on ideas from others and engage in discussion to build a common framework. Therefore, the series will have an impact on how academics approach discussions about regulation. The series' strategy for participation relies on targeting doctoral and early career researchers, so we envisage that this strategy will maximise impact in this group.

In facilitating a multidisciplinary, multilevel discussion, the series is adopting an approach consistent with the International Labour Organization's policy recommendation of "social dialogue" between stakeholders in relation to improving the quality of jobs (Papadakis and Bé, 2008). The series also answers calls for discussions informed by specific employment or workplace issues and have input from different stakeholders (CIPD, 2011). This would create a strong interlocking mosaic to advance practical understanding of regulation of work and employment (Trubek et al., 2000; Stewart and Martinez Lucio, 2011). As such, we are confident that the series will have a significant impact on advancing the way these stakeholders engage with each other.

Publications

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Ackrill R (2017) 'Black Boxes' and 'fracture points': the regulation of gender equality in the UK and French construction industries in The International Journal of Human Resource Management

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Grady J (2017) The state, employment, and regulation: making work not pay in Employee Relations

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Ierodiakonou C (2017) Flexitime and employee turnover: the polycontextuality of regulation as cross-national institutional contingency in The International Journal of Human Resource Management

 
Description The most important finding emerging from this work is the diverse understandings about regulation in different disciplines and also by different stakeholders within these discussions (e.g. academics, policy-makers, practitioners, etc). Discussions generated by the seminar series highlighted the importance of creating spaces of dialogue and also to establish priorities adopting a multi-disciplinary, multi-level agenda of priorities so that diverse stakeholders are able to contribute their views, expertise and scope of action.
Exploitation Route The Principal Investigator and some of the co-investigators continue to work in this area. In addition, collaborations continue to extend to others in the scholarly and practitioner community.
Sectors Communities and Social Services/Policy,Education,Government, Democracy and Justice,Other

 
Description The seminar series accomplished its aim of generating a multidisciplinary, multi-level platform to discuss issues related to the regulation of work and employment. In particular, the series raised awareness of the multidimensionality of these issues and how they play out for and intersect between a diverse range of stakeholders (e.g. workers, unions, statutory bodies, academics, non-governmental organisations, governments and firms). A key aim of the seminar series was to facilitate and promote an international dialogue that was broad in scope and disciplinary orientation. This was accomplished through the engagement and participation of leading scholars from different academic traditions and locations (e.g. Kochan (MIT, USA), Cooke (Monash, Australia), Regalia and Pedersini (Milan, Italy), Burroni (Florence, Italy); Haworth (Auckland, New Zealand), Bellace (Pennsylvania, USA), Lillie (Jyväskylä, Finland)) as well as representatives from non-governmental agencies, statutory bodies, trade unions, professional associations, employer groups and migrant groups (e.g. UNITE, the EHRC, the Marie Curie Migrant Network Association, Eurofound, ACAS, TUC, CBI, among others). Debates about regulation remain at the centre of discussions about work and employment and through a number of ongoing outputs aimed at different audiences, we continue to disseminate the findings of the series through two journal special issues in the Employee Relations (Regulation of work and employment and the State, edited by Rodriguez & Stewart, 2017), and the International Journal of Human Resource Management (Regulation of work and employment: Advancing theory and research in international and comparative human resource management, edited by Rodriguez, Johnstone & Procter, 2017). Members of two non-academic organizations (Unite, and Eurofound) reported discussions that took place during the seminars to others in their organisations.
First Year Of Impact 2013
Sector Education,Government, Democracy and Justice,Other
Impact Types Policy & public services

 
Description Research Workshop on International Regulation 
Organisation Macquarie University
Country Australia 
Sector Academic/University 
PI Contribution Organization of a research workshop on International Regulation.
Collaborator Contribution Supported the participation of three colleagues who attended the workshop to present their work, facilitate discussions as panel conveners and participated as discussants in panels.
Impact ????????????
Start Year 2014
 
Description 11th Biennial International Conference of the Dutch HRM Network - Paper Presentation: HRM, firms and society: Interrogating the relationship between HRM and regulation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Presentation of a paper at the 11th Biennial International Conference of the Dutch HRM Network at the University of Tilburg, The Netherlands. The paper is co-authored by Rodriguez, Johnstone and Procter. The paper discusses the relationship between regulation and HRM. The paper's point of departure is a reflection of the tensions apparent between developing sustainable, ethical and socially-responsible HRM practices, and harmonising the different needs of firms and workers. In this context, it problematises two positions related to regulation: on the one hand, the underlying assumption in the post-bureaucratic thesis is that regulation is excessive, and on the other hand, that regulation is central to achieving fair outcomes for workers, reducing the country and workplace variability inherent to voluntaristic approaches adopted by firms. The paper aimes to highlight that HRM discussions have failed to scrutinise its relationship with regulation in a meaningful way and as a result, important gaps pertain to theorising the form, degree and type of regulation and the complementary HRM principles, policies and practices most appropriate to also support firms facing the pressures of global and economically liberalised environments. The expected outcome is a proposed analytical model that helps to understand the relationship between regulation and HRM, and the tensions this relationship raises between economic and social concerns --e.g. firm competitiveness vs decent and just work conditions. As this is a theoretical paper currently in development, the immediate outcome achieved was to generate discussion and obtain insight from others in the scholarly community about the development of the theoretical proposition. In terms of impact, as the paper was presented to an audience of between 35-40 people (including PGRs, junior and senior academics and practitioners) debating from a multidiscipinary and diverse platform was useful to engage the wider scholarly and practitioner community with the debate.
Year(s) Of Engagement Activity 2019
URL https://www.aanmelder.nl/107867
 
Description BAM Conference Paper: Regulation of work and employment: HRM in and within the regulatory space 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact Conference paper submitted to Human Resource Management Stream at the British Academy of Management Annual Conference. Paper is co-authored by Rodriguez, Johnstone and Procter.
Year(s) Of Engagement Activity 2019
 
Description Blog entries for the seminar series 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Individuals from different sectors (e.g. unions, postgraduate students, academics based outside the UK, etc) wrote blogs where they discussed, from their perspectives, the issues discussed during the seminars. This resulted in an increase in expressions of interest and attendance to the seminars. For instance, following a blog written by two postgraduate researchers (https://blogs.ncl.ac.uk/hrmwenubs/2015/02/26/esrc-seminar-4/) subsequent seminars had an increase in the number of postgraduate researchers in attendance, many of whom referenced this blog as a motivation for wanting to engage with the series. A similar situation emerged following the blog post by a trade union member (https://blogs.ncl.ac.uk/hrmwenubs/2014/06/10/esrc-seminar-2-university-of-strathclyde/) which resulted in the participation in a subsequent seminar of a scholar who conducts action research with unionised workers.
Year(s) Of Engagement Activity 2013,2014,2015
URL https://blogs.ncl.ac.uk/hrmwenubs/2014/06/10/esrc-seminar-2-university-of-strathclyde/
 
Description LAEMOS conference panel on Regulation of Work, Employment and Organization 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact This is a panel in a three-day conference taking place in Chile in April 2016. The panel received the largest number of submissions (32) of any single panel in the conference. One concrete output is that we have been approached by a publisher to consider a policy-oriented book.
Year(s) Of Engagement Activity 2016
URL http://laemos.com/wp-content/uploads/2015/09/SUB-14-CALL-FOR-ABSTRACTS-LAEMOS-2016.pdf
 
Description Seminar Series website 
Form Of Engagement Activity Engagement focused website, blog or social media channel
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact A website for the seminar series was created to hold information on the events and to serve as a repository for information that was discussed during the series and keep people informed (both who attended the events and those who were unable to attend). Based on queries over twitter, which we used to report on the events in real time, we realised that there was increasing interest in the topic. Several people, including undergraduate and graduate students got in touch with members of the team to request copies of presentations and reach out to policy-makers and union members who participated in the series as speakers.
Year(s) Of Engagement Activity 2013,2014,2015
URL http://www.regulationseminars.org.uk