Labour Constitutions and Occupational Communities: Social Norms and Legal Norms at Work

Abstract

This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology-Max Weber's 'labour constitution' and Seymour Martin Lipset's 'occupational community'-it focuses on possibilities for the emergence, within groups of workers, of shared normative beliefs concerning 'industrial justice' (Selznick); for collective solidarity and agency; for the transformation of shared beliefs into legally binding norms; and for the enforcement of those norms. If labour law is currently in 'crisis', then a promising route out of the crisis, we argue, is for the law to recover its procedural focus, facilitating and encouraging these processes.

Beveridge on idleness

“…This necessarily requires an understanding of specific typologies of working life and the creation of representative agencies to secure collective discussion on how idleness is best managed and its adverse consequences mediated. Such an approach demands a complete departure from the “one‐size‐fits‐all” categorizations of the mid‐20th century to create more decentralized structures that admit variation in occupation and personal circumstance (Dukes & Streeck, 2020). It also suggests an extension in the membership and remit of trade union organization and a recognition of the benefits collective bargaining can offer, at local, regional and national level, to promote new agendas and allow their precepts to be internalized and requirements understood.…”

Anything goes? Exploring the limits of employment law in UK hospitality and catering

“…Compliance is rarely a clear-cut, one-off event but rather a process of negotiation over time, influenced by the relationship between the regulators and the regulated, the legal and the organisational environment, and determined by economic, political and social contexts (Edelman & Talesh, 2011;Hutter, 2011). One of the things that must be taken into consideration when addressing questions of compliance or non-compliance with formal legal rules is the possible existence of informal social norms and of beliefs shared by affected actors, and groups of actors, regarding what is expected, or fair or just in any particular situation (Dukes, 2019;Dukes & Streeck, 2020). Social norms stand in a complex relation with formal law.…”

“…With the disappearance of collective bargaining and collective means of enforcement from many parts of the economy-and in the case of hospitality, the abolition of the wages boards and associated inspectorate-formal rule-making has become a matter for parliament and the courts alone, far removed from the workplace and rather less open to the incorporation of social norms and shared interests. The centralisation of wage setting and the preference for universally applicable standards has resulted in the creation of legal rules that may not be very well tailored to the specifics of work organisation in particular sectors or employing organisations (Dukes & Streeck, 2020). Although social norms and shared interests remain important today for their potential impact on compliance with and the enforcement of formal law, it is equally important to recognise and take account of the changed context within which they have been shaped and solidified.…”

The Working Culture of Legal Aid Lawyers: Developing a ‘Shared Orientation Model’

“…The social organisation of working relations falls under ‘labour constitution’ which refers to the historically determined ensemble of rules, institutions, conditions and social statuses (Dukes and Streeck, 2020; Coutu, 2020). These organisational practices may span departments, occupations or professions.…”

“…Social bonds among workers within a given occupation produce and sustain efficacy as they ground normative realities, even more so when working under precarious conditions. As Dukes and Streeck (2020: 636) argue, by focusing exclusively on formal norms such as statutory and contractual occupational rules and neglecting informal social norms in a given occupation, a full understanding of the normativity of working life cannot be delivered.…”