Labor Law Reform and Union Decline in Latin America

Abstract

In response to growing concerns of state decline resulting frommarket-oriented reforms, an increasing number of scholars have foundthat in the area of employment relations most labor laws have becomemore protective of labor rights. Reforms have reduced requirementsfor union formation, eased restrictions on strikes, and extended unionizationto public-sector employees. However, a decade after the implementationof the reforms, labor unions continue to lose members. Thispaper argues that the cause of union decline is linked to three factors:(1) the limitations of the reforms; (2) deficiencies in state enforcementcapacity; and (3) adverse economic reforms.