We are pleased to share the publication of a special issue of the Comparative Labor Law & Policy Journal, titled "New Perspectives on Worker Subordination," edited by Valerio De Stefano, Sara Slinn, and Eric Tucker (Osgoode Hall Law School, York University, Toronto).
This issue delves into the legitimacy and limits of employer authority, the nature of worker subordination in democratic societies, and strategies to ensure that managerial prerogatives remain compatible with the rule of law.
It is fully accessible open access at this link.
The issue includes double-blind peer-reviewed articles by:
Alan Bogg & Cindy Estlund
Between Authority and Domination: Taming the Managerial Prerogative
Bogg and Estlund examine the justification and limits of managerial authority in capitalist work relations and its compatibility with republican freedom as non-domination. While they validate managerial authority through expertise and coordination, they argue that the notion of "managerial prerogative" should be replaced through a renewed framework of checks and balances. Ultimately, they suggest that worker freedom can coexist with managerial authority under the right conditions, though this would require a broad set of robust labor law reforms.
Valerio De Stefano & Nicola Kountouris
Lifting the Private-Law Veil: Employer Authority and the Contractual-Coating of Worker Subordination
De Stefano and Kountouris critically examine the legal foundations of worker subordination, challenging the assumption of freely negotiated work arrangements by tracing their roots to public law and disciplinary practices. They argue that employer authority, often framed in contractual terms, has historically been shaped by public power, sometimes with authoritarian aims. The article calls for greater scrutiny of managerial decisions beyond existing legal standards and explores how the "personal work approach" can offer new perspectives on worker subordination in democratic societies.
Elena Gramano
Nothing, Yet Everything New Under the Sun: Subordination, Authority, and Transformations of the Organization of Work in a Labor Law Perspective
Gramano challenges claims that the legal concept of subordination is outdated in modern, evolving work environments and argues for a broadened understanding—shifting from a narrow focus on directive power to include organizational control—to better capture contemporary power dynamics. While new work arrangements may require additional legal responses, she contends that the core notion of subordination remains essential for protecting workers.
Eric Tucker
Political Economic Reflections on Worker Subordination and the Law in Contemporary Capitalism: Something Old, Something New and a Lot That’s Blue
Tucker revisits a Marxist perspective to show that worker subordination—across economic, time, and workplace dimensions—has deepened over the past 50 years in capitalist economies. He argues that capitalism’s structural features not only create but also perpetuate subordination, limiting the effectiveness of protective labor laws, and calls for a progressive reform agenda to transform these legal frameworks.
Please also note that starting from the next volume the new issues of the CLLPJ will be available on this website.
We hope you enjoy this special issue!