Imaging the (im)possible. Feminist-union contributions to rethink Labour Law post COVID-19

Abstract

Purpose. This paper explores the discussions on the reformulation of labour law from a specific point of view: the construction of a feminist-union alliance. Methodology. We use documental analysis to reconstruct the theoretical debates on the reformulation of labour law and the update of these discussions in the context of the deployment of labour law as a key tool in the responses to the COVID-19 pandemic. Results. This paper holds that in the interest of reformulating labour law it is vital to develop a historical approach that recovers its original idea. From this localization, we take into account the feminist critiques to challenge two milestones of collective labour law: the concept of “collective interest” and the right to strike. Conclusion. The article shows the importance of gaining back the basements of labour law (social conflict, collective action and institutional response) to think about possible reconfigurations of labour law in current times. We hold that labour law of/for the 21th century that seeks to hold and expand the protection horizons must come from a feminist-union constitutive alliance.