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Does labour law actually produce equality among workers?
Author(s) -
Pietro Ichino
Publication year - 2006
Publication title -
international journal of law and management
Language(s) - English
Resource type - Journals
eISSN - 1758-8014
pISSN - 0309-0558
DOI - 10.1108/03090550610674635
Subject(s) - luck , principal (computer security) , labour law , economics , sort , work (physics) , law , coherence (philosophical gambling strategy) , test (biology) , law and economics , political science , labour economics , computer science , mathematics , mechanical engineering , paleontology , philosophy , statistics , theology , biology , engineering , information retrieval , operating system
Purpose – The purpose of this paper is to deal with the problem of labour law effectiveness, i.e. the comparison between the protective rules’ reasons for existence and their practical effects.Design/methodology/approach – The paper briefly reviews the most important economic models from which arguments can be drawn in support of (or against) the coherence between labour law aims and effects, particularly focusing on the principal/agent model, which considers the work contract as partially functioning as a sort of insurance policy aimed to guarantee a certain degree of equality among workers notwithstanding their different ability and luck. The paper then assumes the traditional labour law commitment to building equality among workers as a test‐bench of the labour law effectiveness. It then proposes a crucial test for the equalization principle's practical functioning: when is it fair to dismiss an inefficient worker? The paper analyses the current mechanism of judicial application of just cause for dismi...

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