Summaries
The Labour Inspection 100 years A.J.C.M. Geers
This article deals with some periods in the history of the Labour Inspection, because its functioning and the criticism thereupon in the past have lost little importance for the present situation. The Working Conditions Act (Arbowet) of 1983 has brought little change in this respect. This image will only be modified when the Labour Inspec tion pays more attention to the goals and tenor of the Arbowet and is less occupied with the main- tainance of the status quo.
The Labour Inspection on its way? R.H. Harryvan, A.C.J.M. Wilthagen en H.G. de Gier
Based on a large sample of Labour inspector’s re ports this article describes the cause, the course and results of site visits by the Dutch Labour In spection concerning the enforcement of the Wor king Conditions Act (Arbowet). In the past and present the Labour Inspection has been criticized for its non-systematic enforcement policy. The authors conclude that inspectors have adopted an informal, non-legal and proactive ‘style’ of enfor cement. In accordance with the principles of the law they try to secure compliance by giving advi ce and assistence rather than using legal tools and sanctions. The possibilities and inevitabilities of this style of regulation are discussed in the con text of national political and administrative cultu re. A comparison is made with the American and British modes of enforcement.
The Labour Conditions Act in private and pu blic organizations
Th. Reubsaet, J. Warmerdam and P. den Boer The new Labour Conditions Act (Arbowet) is ac cepted in Parliament in 1980; the first part came in force in 1983, the third and final part has only recently gained the force of law. The authors’ re search project shows how labour organizations have reacted upon the provisions of the Arbowet and what the Arbowet has added to the existing activities in the domain of safety, health and well being during work. A comparison between the si tuation in private and public organizations reveals few differences and a lot of similarities.
Welfare/well-being during work; end or tur ning-point in governmentinvolvement in com pany social policy?
J.C. Looise
This article deals with the question whether the regulations on welfare/well-being in the Working Conditions Act (Arbo Act) can be seen as a test- case for changing attitudes towards government- influence in company social policy, and if so, what the consequences will be for further deve lopments. The question is raised (and answered) whether or not the regulations on welfa re/wel-being must be seen as an end of govern ment-influence (no further government-influence in social policy) or as a turning-point (not the end but an other way of government-influence)? The conclusion is that the regulations on welfa re/well-being in the Arbo-Act played a role as an end and a turning-point in government-influence in social policy in company social policy. Though not in a formal way: government in our country is still in the position to play an active role on se veral aspects of company social policy, also by
Summaries law and in a strict way (insection, etc.)- But in
practice there is no chance for expanding govern ment-influence on company social policy. So the regulations on welfare/well-being have had a great impact - as a test-case or a model - for governmentpolicy with regard to company social policy.
Labour conditions law and social law J.A.M. Comelissens
After a description of the notions ‘labour condi tions law’ and ‘social law’ is given, the relations between both are expounded. Starting from the contents of these relations, attention is paid to col lective bargaining, workers’ participation, civil law, labour contract law and collective contracts. The author, who has been actively involved in the making of the Labour Conditions Act of 1980, sta tes that it is desirable to let the participants fill in labour conditions law. Therefore criminal law standards, especially those with an interrelation character, will have to be replaced by civil law standards.
European Community and labour conditions R. Blanpain
European integration has severe consequences for the social policies and the labour relations in the member-states. Several implications are discus sed, especially the employment situation, social dumping, regional inequalities, social security systems and national systems of labour relations. European institutions have no univocal answer to the problems. The differences of opinion have been institutionalised in the European Act of 1986, which describes the voting procedure in the Board of Ministers. Decisions concerning the rights and interests of workers require unanimity, with the exeption of the area of safety and health in the workplace: here only a qualified majority is necessary. This exeption must however be in terpreted in a restrictive way. Progress in the area of European social policies will be slow.
Health protection at work between national and international standard-setting
J.K.M. Gevers
Traditionally, health protection at work is a mat ter of international standard-setting. European Community provisions are influencing the system of occupational health care which has developed in the Netherlands and surrounding countries. An example is the recent framework directive on the introduction of measures to encourage improve ments in the safety and health of workers, which includes a section on preventive services. This ar ticle deals with the attemps at EC-level to harmo nise national policies and legislation relating to occupational health services, against the back ground of developments in the member-states. The EC takes away the primacy from Company Health Servies to echance safety and health of workers.
Prevention of absenteeism and industrial disa blement
J.P.A. Bakkum
A series of recommendations concerning measu res to reduce (sickness-) absenteeism and in dustrial disability were formulated last autumn by representatives of the government, employers- and workers-associations. Considering the in creasing appeal (claims) on the Disablement In surance Act and the General Disablement Bene fits Act, co-ordinated and combined action is nee ded urgently. The author describes the recom mended measures and the first official reactions thereupon.
The causes of the increasing number of disabled employees are recounted. The importance of pre ventive measures, in combination with (limited) financial responsibility per company, is emphasi sed, as well as the necessity for expertise support to small and medium sized firms. A strong plea is made to improve concerted action regarding so cial security- and labour conditions policies in private sector firms and public sector organi sations.
Labour processes: the design and consultancy trajectory
A.H. van der Zwaan
Modern sociotechnology and labour process the ory are comparatively dealt with. First the former is analysed with respect to the three aspects which have many times been criticised, viz. the concept of power, the employment relation and the inter vention perspective. With respect to the latter, then, the question is put (and answered) whether it can be used to remedy these defects.
Our comparative and complementary analysis of both theories shows that insights of the labour
process approach can fruitfully be utilized in the sociotechnical theory, in particular concerning the two first respects. Intervention know how and intervention theory, however, have to be provided from elsewhere. This third source twins out to be: design methodology as well as consultancy me thodology. Adaption of these two approaches would mean an essential enrichment of modern sociotechnology.
Finally it is argued that it could be highly worth- wile to carry out a large scale comparative and longitudinal evaluation programme which meets these requirements.
