Description
Book SynopsisAs domestic industrial relations and labor conditions have been seriously challenged by globalization, various international labor standards have been proposed to safeguard and promote labor rights. However, an important question remains: are these rules and standards enforceable and well enforced? Compliance and Compromise: The Jurisprudence of Gender Pay Equity examines the status of one of the core international labor standards—gender pay equity—that has been largely overlooked, and explores how domestic legislative and judicial systems respond to the core International Labor Organization Convention No. 100 on Equal Remuneration. It unravels under what circumstance legislative and judicial compliance occurs, with the novel application of the relatively new theory “transnational legal process” to explicate the phenomenon of “compliance”.
Trade ReviewCompliance and Compromise provides an excellent overview and examples in the variation in enforcement mechanisms that covers everything from the three main concepts of equal pay (the more common and narrower equal pay for equal work, equal pay for similar work, and finally the less frequent and more progressive, equal pay for work of equal value) to how claims can be evaluated and resolved. -Jennifer Woodward, The Law and Politics Book Review
Table of ContentsChapter I: Introduction I. Literature Review II. Research Design III. Arrangement of the Book Chapter II: Gender Pay Equity and the International Instruments I. Causes of Gender Pay Gap II. Gender Pay Equity III. The Sources of International Standards on Gender Pay Equity IV. Regional and Other Standards on Gender Pay Equity Chapter III: Legislative Compliance -- The Process of Internalization I. General Observation on Legislative Compliance II. Specific Observation on Legislative Compliance III. Typology of Legislative Compliance IV. A Comprehensive Legislative Approach Chapter IV: Judicial Compliance -- The Process of Interpretation I. Judicial Compliance-The “Interpretation” of the Convention in National Judiciaries II. Typology of Judicial Compliance Chapter V: The Process of Interaction I. Horizontal Interaction II. Vertical Interaction Chapter VI: Canada v. Japan: The Best v. The Worst I. Canada II. Japan III. Conclusion Chapter VII: Conclusion Bibliography Appendix: C100 Equal Remuneration Convention, 1951
