Employment & Labor Law Abstracts eJournal最新文献

{"title":"Fair Measures: A Behavioral Realist Revision of 'Affirmative Action'","authors":"Jerry Kang, M. Banaji","doi":"10.2307/20439059","DOIUrl":"https://doi.org/10.2307/20439059","url":null,"abstract":"New facts recently discovered in the mind and behavioral sciences have the potential to transform both lay and expert conceptions of affirmative action. Drawing on recent findings in implicit social cognition (ISC) and applying a legal methodology called behavioral realism, the authors advance four arguments. First, evidence of pervasive implicit bias allows us to avoid problematic backward- and forward-looking justifications for affirmative action and instead focus on addressing discrimination here and now. Second, evidence of biased interpretation and stereotype threat suggests that merit is currently being mismeasured, and that more accurate measurement processes should be adopted. Third, evidence of the malleability of implicit bias suggests interventions different from the traditional social contact hypothesis, such as deploying debiasing agents. Finally, instead of an arbitrary deadline, a better terminus for various affirmative action programs is when our society reaches alignment between explicit normative commitments and measures of implicit bias. Through this analysis of the legal and policy implications of cutting-edge social cognitive research, the authors shed the freighted term affirmative action and produce instead a scientific and normative common ground in favor of fair measures.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114719179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labor Restructuring in China's Industrial Sector: Towards a Functioning Urban Labor Market","authors":"Xiao-yuan Dong, L. Xu","doi":"10.2139/ssrn.873528","DOIUrl":"https://doi.org/10.2139/ssrn.873528","url":null,"abstract":"This paper examines the magnitude, patterns, and determinants of the labor restructuring process in China's industrial sector using a firm-level dataset for the period between 1998 and 2002. The results show that the SOE sector has undergone substantial labor retrenchment. The removal of employment guarantees for state workers has led to substantial employment shifts both within and between sectors. As compared to many countries in Central and Eastern Europe in the early phase of transition, China has experienced a more synchronized pace of job destruction and creation, as well as higher rates of excessive reallocation. Our results also show that the employment adjustment and downsizing process has been driven largely by market forces, i.e., the changes in sales, wages, and technology, and the need to correct labor misallocations created by the managed labor system, such as over-manning and skill-mismatching. We find a notable resemblance in the patterns of enterprises' response to demand shocks between the state and the private sectors. These findings have important implications to the timing and sequencing of public sector reforms.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126005204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Wage and Employment Effects of Immigration to Germany: Evidence from a Skill Group Approach","authors":"Holger Bonin","doi":"10.2139/ssrn.870272","DOIUrl":"https://doi.org/10.2139/ssrn.870272","url":null,"abstract":"The paper analyzes the labor market impact of migration by exploiting variation in the labor supply of foreigners across groups of workers with the same level of education but different work experience. Estimates on the basis of German register data for the period 1975-97 do not confirm the hypothesis that penetration of migrants into skill cells has a significant negative effect on the earnings and employment opportunities of native men. The results indicate that a 10 percent rise of the share of immigrants in the workforce would in general reduce wages by less than one percent and not increase unemployment. Though the adverse effects appear stronger for less-qualified and older workers, the evidence altogether sharply contrasts that from a parallel study for the United States indicating a consistent and substantial negative impact of an immigrant labor supply shock on native competitors.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125368386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fixed Term Employment Contracts in an Equilibrium Search Model","authors":"F. Álvarez, Marcelo Veracierto","doi":"10.2139/ssrn.869437","DOIUrl":"https://doi.org/10.2139/ssrn.869437","url":null,"abstract":"This paper analyzes the effects of fixed-term contracts using a version of the Lucas and Prescott island model with undirected search. A fixed-term contract of length J is modeled as a tax on separations of workers with tenure higher than J . While in principle these policies require a very large state space to analyze the firms and households' problems, we show that equilibrium allocations solve a simple dynamic programming problem. Analyzing this problem we show that equilibrium employment dynamics are characterized by two dimensional inaction sets. Finally, to understand the effect of these contracts, we compare them with two extreme cases: for J = 1 the fixed-term contracts are equivalent to the case of firing taxes, and for large J they are equivalent to the laissez-faire case. In a calibrated version of the model, we find that temporary contracts with J equivalent to three years length close about half of the gap between those two extremes.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128608169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The American Experience with Exclusive Representation: Implications for the Issue of Plural Unionism in South Korea","authors":"K. Dau-Schmidt, Ryan Hamilton Vann","doi":"10.2139/SSRN.837406","DOIUrl":"https://doi.org/10.2139/SSRN.837406","url":null,"abstract":"Although there is a wide diversity of labor laws among the industrialized democracies of the world, two common purposes behind these laws are the fostering of employees' right to collectively bargain and the promotion of industrial peace. Certainly these are shared purposes behind the laws of the United States and the Republic of Korea. The question of whether to determine employee representation through exclusive representation or plural unionism is a one that touches on both of these fundamental issues in the development of a system of industrial relations. Exclusive representation can improve a union's bargaining power relative to the employer, helping to ensure that the employees can make meaningful contributions to collective bargaining. Exclusive representation can also simplify the problem of collective bargaining, promoting cooperation between the parties by focusing the employer's attention on one set of employee representatives and discouraging strategic behavior by subsets of employees at the expense of overall cooperation. However, exclusive representation can also pose a barrier to employee organization, a problem that has plagued the American industrial relations system. Furthermore, lumping employees with disparate interests together in one unit with one representative can complicate the union politics of collective negotiations and leave minority interests unrepresented. Indeed, in the United States we have found it important and necessary that the grant of exclusive representation to a union be accompanied by a duty to fairly represent all employees in the designated bargaining unit. In this essay we will examine the policy choice between a system of industrial relations based on exclusive representation and one based on plural unionism. We undertake this examination by presenting the American law and experience with respect to exclusive representation, and discussing the relevance of that experience to the question of plural unionism. In the first section we discuss the American law with respect to exclusive representation, including a brief overview of our election procedure, the doctrine of the duty of fair representation and recent developments with respect to the recognition of minority unions and members only contracts in the United States. In the second section we discuss the American experience with exclusive representation and multiple units in one employer and the decline of the American labor movement. In the final section we discuss the implications of the American experience for the issue of plural unions in the Republic of Korea. The United States is an interesting case study on the question of exclusive representation or plural unionism because perhaps no other country has as formal a system for determining questions of representation or clings so closely to the exclusive representation model. On the other hand the United States also has ample experience with multiple unions within one employer. We conclude that th","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124824317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The 2004 Global Labor Survey: Workplace Institutions and Practices Around the World","authors":"D. Chor, R. Freeman","doi":"10.3386/W11598","DOIUrl":"https://doi.org/10.3386/W11598","url":null,"abstract":"The 2004 Global Labor Survey (GLS) is an Internet-based survey that seeks to measure de facto labor practices in countries around the world, covering issues such as freedom of association, the regulation of work contracts, employee benefits and the prevalence of collective bargaining. To find out about de facto practices, the GLS invited labor practitioners, ranging from union officials and activists to professors of labor law and industrial relations, to report on conditions in their country. Over 1,500 persons responded, which allowed us to create indices of practices in ten broad areas for 33 countries. The GLS' focus on de facto labor practices contrasts with recent studies of de jure labor regulations (Botero et al., 2004) and with more limited efforts to measure labor practices as part of surveys of economic freedom (Fraser Institute) and competitiveness (World Economic Forum). Although our pool of respondents differs greatly from the conservative foundations and business leaders who contribute respectively to the Fraser Institute and World Economic Forum reports, the GLS and the labor market components of the economic freedom and competitiveness measures give similar pictures of labor practices across countries. This similarity across respondents with different economic interests and ideological perspectives suggests that they are all reporting on labor market realities in a relatively unbiased way. As a broad summary statement, the GLS shows that practices favorable to workers are more prevalent in countries with high levels of income per capita; are associated with less income inequality; are unrelated to aggregate growth rates; but are modestly positively associated with unemployment.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132693852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Core Labour Rights – The True Story (Reply to Alston)","authors":"Brian a. Langille","doi":"10.1093/EJIL/CHI124","DOIUrl":"https://doi.org/10.1093/EJIL/CHI124","url":null,"abstract":"The concept of 'core labour rights' has, over the last decade or so, assumed a central role in debates about the role of international labour law in an integrated world economy. Some, including Philip Alston, see this development as a retreat from and a threat to the existing international labour law regime, especially the International Labour Organization's international labour code. On this view the new concentration upon core rights undermines the existing regime from within by narrowing its focus, weakening the legal status of the core rights, relegating the 'non-core' to a second-class status, watering down its 'enforcement' mechanisms, and so on. This view, while popular, is available only on a very narrow and conventional understanding of the purpose of international labour law. A better understanding is available which enables us to see core labour rights as conceptually coherent (and not politically arbitrary), morally salient (and not merely part of an empty neo-liberal conspiracy) and pragmatically vital to the achievement of our true goals, including the 'enforceability' of the 'non-core' (and not an undermining of the whole regime from within). This essay defends this second and positive account of core rights by reacting to Philip Alston's recent essay in this journal, which is taken as the most comprehensive and aggressive articulation of the 'anti-core rights' point of view.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115090127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Benefits of Separating Early Retirees from the Unemployed: Simulation Results for Belgian Wage Earners","authors":"Raphael Desmet, Alain Jousten, S. Perelman","doi":"10.2139/ssrn.708187","DOIUrl":"https://doi.org/10.2139/ssrn.708187","url":null,"abstract":"The pool of early retirees is characterized by a large heterogeneity along several criteria. The present paper focuses on the key distinction between those in forced early retirement and those who retire early by individual choice. We start by estimating a retirement probit model for older workers in Belgium. Based on these estimates, we then perform micro-simulations relating to a hypothetical actuarial reform of a pension system, i.e., a reform imposing on average actuarial neutrality with respect to the time of retirement. We explore two scenarios, one where the entire population is subjected to the actuarial system, and one where a duly screened sub-sample of the unemployed is shielded against these actuarial adjustment factors, a group we call the truly unemployed. We evaluate the impact on the average retirement age, the pension budgets as well as indicators of redistribution within the group of the elderly. We find that the extra budgetary gain of exposing this subgroup to the full-blown reform is modest, while the distributional cost is rather high. Our results thus comfort the idea that the budgetary cost of a focused unemployment system are moderate, and that returning the unemployment insurance to its primary role might be a desirable strategy.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129967598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Theory of the Worst Forms of Child Labour","authors":"Sylvain Dessy, St́ephane Pallage","doi":"10.1111/J.1468-0297.2004.00960.X","DOIUrl":"https://doi.org/10.1111/J.1468-0297.2004.00960.X","url":null,"abstract":"Although intuitive and morally compelling, a ban on the worst forms of child labour in poor countries is unlikely to be welfare improving. We show that harmful forms of child labour have an economic role: by maintaining wages for child labour high enough, they allow human capital accumulation in poor countries. Unless appropriate mechanisms are designed to mitigate the decline in child labour wages caused by reduced employment options for children, a ban on harmful forms of child labour will likely prove undesirable. We perform our analysis within a simple model of parental investment in children's education.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120529493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Immigration and the Survival of the Welfare State","authors":"Francesc Ortega","doi":"10.2139/ssrn.849506","DOIUrl":"https://doi.org/10.2139/ssrn.849506","url":null,"abstract":"This paper analyzes the political sustainability of the welfare state in a model where immigration policy is also endogenous. In the model, the skills of the native population are affected by immigration and skill accumulation. Moreover, immigrants affect future policies, once they gain the right to vote. The main finding is that the long-run survival of redistributive policies is linked to an immigration policy specifying both skill and quantity restrictions. In particular, in steady state the unskilled majority admits a limited inflow of unskilled immigrants in order to offset growth in the fraction of skilled voters and maintain a high degree of income redistribution. Interestingly, equilibrium immigration policy shifts from unrestricted skilled immigration, when the country is skill-scarce, to restricted unskilled immigration, as the fraction of native skilled workers increases. The analysis also suggests a new set of variables that may help explain international differences in immigration restrictions.","PeriodicalId":448271,"journal":{"name":"Employment & Labor Law Abstracts eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121651482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}