Scrutinizing the Standardized Worker:
International and Comparative Perspectives
Ania ZBYSZEWSKA, Alysia BLACKHAM & Miriam KULLMANN
The erosion of the standard employment relationship, the proliferation of diverse
work arrangements, and the resulting gaps in legal coverage and protection are
topics that have dominated debates within labour law scholarship for at least three
decades. The notion of a ‘standardized worker’ has been similarly scrutinized, with
challenges to its subjectivity coming from a range of vantage points. To feminist
legal scholarship, for example, we owe our now mainstream understanding of the
gendered nature of the subject of the labour law model, who has historically been
presumed to be unencumbered, always available, and male. The exclusionary
effects of this particular legal subjectivity underpinning standard norms, and the
consequences of these norms for access and opportunities for women in labour
markets, have been demonstrated time and again. Both within and beyond feminist
scholarship, critical work has been done in relation to a plethora of non-standard
workers, recognizing that the model worker has historically also been marked by
race and other social relations. As these critiques have made apparent, the pool of
workers has never been as homogenous as the standard norms presumed. These
critiques have sought to problematize and expose the consequences that narrowly
drawn standard norms carry for those who do not fit them. They have ultimately
been driven, though, by a desire to develop better norms, so as to extend legal
protection to those falling outside the narrow scope that the law drew around its
privileged subject.
Building on and seeking to contribute to this well-established scholarship, the
articles in this special issue address the concept of the standardized worker in a
range of ways, with attention to various national or comparative case studies. The
special issue brings together papers delivered at or inspired by a two-day workshop
held at Maastricht University in the Netherlands in December 2016. The work-
shop aimed to encourage critical and interdisciplinary perspectives on the theory of
labour law, and to promote an inter-generational dialogue by featuring papers from
established and emerging scholars. We gratefully acknowledge the financial support
of the International Collaboration Fund at Melbourne Law School, Maastricht
Zbyszewska, Ania, Blackham, Alysia & Kullmann, Miriam. ‘Scrutinizing the Standardized Worker:
International and Comparative Perspectives’. International Journal of Comparative Labour Law and Industrial
Relations 34, no. 4 (2018): 345–350.
© 2018 Kluwer Law International BV, The Netherlands