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The Implementation Of The Minimum Wage

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THEORETICAL FRAMEWORK
This section crafts a compliance theory framework offering a variety of explanations of when and why actors comply. After a brief clarification of few key terms, it presents the various schools of compliance theory, emphasizing the implementation mechanisms suggested and the different actor logics underlying them. The purpose of the theoretical framework is twofold: it allows the identification and categorization of existing implementation mechanisms, including the ones departing from the classical legal top-down approach; and it constitutes the basis for the argument that an effective system for implementing minimum wage should combine soft mechanisms (such as persuasion and capacity building) and hard mechanisms (e.g. sanctioning), as well as measures to empower workers.
3.1 Disambiguation of terms: Compliance, Implementation and
Enforcement
The scope of this paper is to illustrate how compliance with the minimum wage can be achieved. In the present framework, the term “compliance” is used as in
Young’s definition: “Compliance can be said to occur when the actual behaviour of a given subject conforms to prescribed behaviour, and non-compliance or violation occurs when actual behaviour departs significantly from prescribed behaviour” (Young 1979: 202).
Compliance is achieved through implementation, which describes the process of putting a rule into practice. This includes three main steps: 1.rule creation, 2. the setting up of institutions, and 3. rule

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