Less or More Labour Law for Social Change?

Abstract

Abstract In the field of labour law, recent contributions to the theory of legal form have addressed the question of whether the purpose of labour law is merely to reproduce capitalist social relations. The resulting debate has acted as a trigger for profound self-reflection among both labour law scholars and the labour movement. While the theory of legal form refers to labour law as ‘capitalist law’, other branches of labour law theory and scholarship, including those of the French legal scholar Alain Supiot, have characterised it as ‘collective’, ‘class’ or ‘social’ law. Both positions claim that the purpose of labour law is to enable transformative social change. Taking account of arguments put forward in this debate, the current paper examines employment practices and collective organising in four Slovenian companies. The aim is to determine how the dynamics that emerge between individual and collective labour rights can create the conditions for social change. The paper thereby addresses the question of whether less or more labour law is needed, and what kind of labour law. In conclusion, the analysis raises the issue of the role of universal labour rights.