Faundez, Julio. (2009) Empowering workers in the informal economy. Hague Journal on the Rule of Law, Vol.1 (No.1). pp. 156-172. ISSN 1876-4045

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Abstract

The Commission on Legal Empowerment of the Poor (CLEP) states that workers in the informal economy can be legally empowered by bringing them within the framework of effective legal regulation, in particular, international labour standards. This paper acknowledges the value of extending rights to workers in the informal economy, but argues that CLEP's recommendations are impractical and unrealistic. It shows that neither international standards nor recent national legislation designed to promote the legalization of informal enterprises offers unqualified positive answers to resolve the plight of workers in the informal economy. Given the poverty of prevailing regulatory structures and the pervasive impact of inadequate structures of governance, workers in the informal economy justifiably distrust legal institutions and, as a consequence, do not, in the first instance, resort to legal institutions in their quest for empowerment. This paper offers examples of strategies that have successfully enhanced the social, political and economic power of workers in the informal economy. It concludes, however, that although the legal system has a role to play in consolidating the gains achieved by these strategies, law and legal institutions do not necessarily offer the best point of departure towards effectively empowering workers in the informal economy.

Item Type:	Journal Article
Subjects:	H Social Sciences > HD Industries. Land use. Labor K Law > K Law (General)
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Informal sector (Economics) -- Law and legislation, Informal sector (Economics) -- Employees -- Legal status, laws, etc., Labor laws and legislation, International Labour Organization, World Bank, Commission on Legal Empowerment of the Poor
Journal or Publication Title:	Hague Journal on the Rule of Law
Publisher:	Cambridge University Press
ISSN:	1876-4045
Date:	March 2009
Volume:	Vol.1
Number:	No.1
Page Range:	pp. 156-172
Identification Number:	10.1017/S1876404509001560
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/37670

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