Legal segmentation in China, India, Malaysia and Viet Nam

Sean Cooney

International Labour Review, 2022, vol. 161, issue 4, 573-591

Abstract: This article applies a qualitative approach to the legal segmentation analysis developed by Dingeldey et al. (2021), considering exclusion from, and hierarchies of, worker protection. Examining the cases of China, India, Malaysia and Viet Nam, the author finds that several factors distinguish these countries from those in the global North and produce distinct labour market outcomes, namely: in terms of the relative size of the workforce operating outside the effective coverage of employment regulation; legal terminology that is not readily translated into Western languages; and legal history, especially as regards the mismatch between statutory frameworks and the labour market resulting from colonialism.

Date: 2022
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