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Legal segmentation in China, India, Malaysia and Viet Nam

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  • Sean COONEY

Abstract

This article applies a qualitative approach to the legal segmentation analysis developed by Dingeldey et al. (2021), considering exclusion from, and hierarchies of, worker protection. Examining the cases of China, India, Malaysia and Viet Nam, the author finds that several factors distinguish these countries from those in the global North and produce distinct labour market outcomes, namely: in terms of the relative size of the workforce operating outside the effective coverage of employment regulation; legal terminology that is not readily translated into Western languages; and legal history, especially as regards the mismatch between statutory frameworks and the labour market resulting from colonialism.

Suggested Citation

  • Sean COONEY, 2022. "Legal segmentation in China, India, Malaysia and Viet Nam," International Labour Review, International Labour Organization, vol. 161(4), pages 573-591, December.
    • Handle: RePEc:bla:intlab:v:161:y:2022:i:4:p:573-591
    DOI: 10.1111/ilr.12349
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    References listed on IDEAS

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    1. Tonia Warnecke & Alex De Ruyter, 2012. "The Enforcement of Decent Work in India and Indonesia: Developing Sustainable Institutions," Journal of Economic Issues, Taylor & Francis Journals, vol. 46(2), pages 393-402.
    2. Ravi S. Srivastava, 2016. "Myth and reality of labour flexibility in India," The Indian Journal of Labour Economics, Springer;The Indian Society of Labour Economics (ISLE), vol. 59(1), pages 1-38, March.
    3. Ravi Srivastava, 2019. "Emerging Dynamics of Labour Market Inequality in India: Migration, Informality, Segmentation and Social Discrimination," The Indian Journal of Labour Economics, Springer;The Indian Society of Labour Economics (ISLE), vol. 62(2), pages 147-171, June.
    4. Sarkar, Prabirjit, 2011. "Indian Labour Regulation and Its Impact on Unemployment: A Leximetric Study, 1970-2006," MPRA Paper 32929, University Library of Munich, Germany.
    5. Stephan Klasen & Janneke Pieters, 2015. "What Explains the Stagnation of Female Labor Force Participation in Urban India?," The World Bank Economic Review, World Bank, vol. 29(3), pages 449-478.
    6. Duanyi Yang, 2020. "Why Don’t They Complain? The Social Determinants of Chinese Migrant Workers’ Grievance Behaviors," ILR Review, Cornell University, ILR School, vol. 73(2), pages 366-392, March.
    7. Abdur Rahman,Amanina Binti & Schmillen,Achim Daniel, 2020. "From Farms to Factories and Firms : Structural Transformation and Labor Productivity Growth in Malaysia," Policy Research Working Paper Series 9463, The World Bank.
    8. Deakin, S. & Sarkar, P., 2011. "Indian Labour Law and its Impact on Unemployment, 1970-2006: A leximetric study," Working Papers wp428, Centre for Business Research, University of Cambridge.
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    Cited by:

    1. Judy FUDGE & Guy MUNDLAK, 2022. "Law and gendered labour market segmentation," International Labour Review, International Labour Organization, vol. 161(4), pages 657-675, December.
    2. Ulrich MÜCKENBERGER & Irene DINGELDEY, 2022. "Introduction: Worldwide patterns of legal segmentation in employment law," International Labour Review, International Labour Organization, vol. 161(4), pages 511-534, December.

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