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Download the file - United Nations Rule of Law

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countries this translates into unemployment, andin Latin America (which, however, is <strong>of</strong>ten overregulated),it translates into lower formal labourdemand and larger informality. For instance:• A recent study that explicitly models <strong>the</strong>impact <strong>of</strong> firing costs over labour demand inPeru shows that an increase in expected severancepayments has a negative correlation withformal labour demand. 73• Kugler et al. 74 found that in Spain a reductionin payroll taxes and firing costs increased <strong>the</strong>demand for permanent workers.• Acemoglu and Angrist, in an interesting studyabout <strong>the</strong> effects <strong>of</strong> <strong>the</strong> American DisabilityAct, found that outlawing <strong>the</strong> firing <strong>of</strong> disabledworkers actually reduced labour demand fordisabled workers, precisely <strong>the</strong> opposite effectthat <strong>the</strong> law intended. 75The recent work on <strong>the</strong> Indian labour regulatoryregime (Besley and Burgess, 2004; Ahsan andPagés 2007) suggests that <strong>the</strong> clauses linked t<strong>of</strong>irm size within <strong>the</strong> industrial disputes regulatoryarchitecture may have had a deleterious impacton <strong>the</strong> growth <strong>of</strong> <strong>the</strong> economy’s manufacturingindustry (Ahmed and Devarajan, 2007). However,once again, <strong>the</strong>se conclusions are incomplete:Firstly, <strong>the</strong> Indian experience indicates that while<strong>the</strong> regulations are a part <strong>of</strong> <strong>the</strong> problem, in somecases <strong>the</strong> operational and logistical inefficienciesas well complexities associated with settlingdisputes (Ahmed and Devarajan, 2007) are significantin explaining <strong>the</strong> lack <strong>of</strong> expansion withinmanufacturing. Secondly, while amending parts<strong>of</strong> <strong>the</strong> regulatory framework is necessary it is alsotrue that active labour market programmes andpolicies, such as those recommended by <strong>the</strong> ILOfor India, must be part <strong>of</strong> any attempt at encouragingsecure employment creation and reducingpoverty levels.Towards a More NuancedUnderstanding <strong>of</strong> Labour RegulationsThe above has suggested that, on <strong>the</strong> basis <strong>of</strong><strong>the</strong> assembled evidence, <strong>the</strong> labour regulatoryenvironment is important in <strong>the</strong> debate aroundoutput expansion and employment growth indomestic economies. This fact however, shouldnot translate into too blunt an interpretation,and consequent policy advice, on reforming <strong>the</strong>labour legislative environment at <strong>the</strong> individualcountry level.Some caveats need to be introduced here if amore informed debate around labour regulationand policy reform in <strong>the</strong> developing world is toensue. They may help to ensure progress in dealingappropriately and intelligibly with <strong>the</strong> labourmarket in <strong>the</strong> event that policy reform packagesare tabled at country level. Perhaps economists,who are <strong>of</strong>ten at <strong>the</strong> forefront <strong>of</strong> such reformprocesses, should understand <strong>the</strong> most important<strong>of</strong> <strong>the</strong>se cautionary notes. The caveat is thatlabour regulation as a reform issue, is not to beviewed as a binary variable. The choice withinany policy reform package in most economiesis never between no labour regulation at all andcomplete, comprehensive legislation. Unduefocus by economists on extreme deregulation<strong>of</strong> <strong>the</strong> labour market <strong>of</strong>ten results in no reformat all. The notion that a labour market, like anyproduct market, needs to be as deregulated as faras is <strong>the</strong>oretically possible, can result in contentiousand not very productive policy debates. In<strong>the</strong> conclusions <strong>of</strong> <strong>the</strong> study on Impact <strong>of</strong> Regulationand Growth and Informality, Loayza et al.bring a similar message. They emphasise that<strong>the</strong>ir study ‘does not intend to assess <strong>the</strong> impact<strong>of</strong> regulation on social goals that could be beyond<strong>the</strong> strict sphere <strong>of</strong> economic growth — broadgoals such as social equity and peace, or narrowones as worker safety, environmental conserva-162

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