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Doing Business in 2005 -- Removing Obstacles to Growth

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30 DOING BUSINESS IN 2005<br />

What to reform?<br />

Bold reforms, as in Colombia or Slovakia, have the largest<br />

payoffs in increasing productivity, reducing unemployment,<br />

and providing women with better economic and<br />

social opportunities. In the absence of such sweeping<br />

change, four types of reform work best:<br />

• Increase the length and scope of term contracts.<br />

• Introduce apprentice wages.<br />

• Allow flexible working hours.<br />

• Remove administrative approvals for dismissals.<br />

Increase the length and scope of term contracts<br />

In 1991 Peru revised its labor law to allow for a 3-year<br />

term contract for any task. The previous law allowed<br />

1-year contracts for temporary tasks. Within a year, the<br />

number of workers on term contracts shot up by 50%<br />

and by 1997 more than doubled, to make up 40% of all<br />

employment contracts. Young and informal workers<br />

benefited the most, with youth unemployment falling by<br />

7 percentage points and the informal sector shrinking<br />

by 12 percentage points. 17<br />

Five of last year’s reformers—Croatia, Italy, Poland,<br />

Portugal and Slovakia—increased the duration of term<br />

contracts and expanded their applicability. Germany<br />

and Russia did the same the previous year. In those 2<br />

countries and in Poland, there is no limit to the length<br />

of term contracts. Portugal increased the duration to 6<br />

years, Slovakia to 5, Italy to 3.<br />

But term contracts are a good reform only when it is<br />

difficult to reduce the cost of regular contracts—and<br />

even then as a temporary measure. If they are not accompanied<br />

by reforms of regular contracts, term contracts<br />

could contribute to the development of a dual<br />

labor market—as evidenced in Spain. 18<br />

Introduce apprentice wages<br />

Thirty countries have apprentice wages, ranging from<br />

Chile to Madagascar, Thailand to Tunisia, Serbia and<br />

Montenegro to Australia. Apprentice wages are a 1990s reform,<br />

except for Denmark, France and some Latin American<br />

countries, which have had them since the 1960s. Such<br />

reform is cheap: the beneficiaries are easy to target, and<br />

the apprenticeship lasts a short time, after which the employee<br />

enters a regular contract. 19 It is also easier to introduce<br />

apprentice wages than to lower the minimum wage,<br />

because labor unions oppose them much less.<br />

Allow flexible working hours<br />

To accommodate fluctuations in demand, a business<br />

may at times need longer workweeks—hopefully not too<br />

often. <strong>Business</strong>es in the Czech Republic, Hungary and<br />

Poland found this the hard way. With employment regulations<br />

that permitted only 150 hours of overtime a<br />

year in the mid-1990s, and with limits to term contracts,<br />

much demand remained unmet. All 3 countries reached<br />

an innovative solution: to allow swaps of working hours<br />

between peak periods and slow periods, as long as the<br />

number of hours remained constant over the course of 6<br />

months (Poland) or a year (Czech Republic, Hungary).<br />

Poland soon found that a 6-month period was inadequate,<br />

because seasonal demands usually require an annual<br />

cycle.<br />

More recently, many Central European economies<br />

have found a complementary solution: longer overtime<br />

hours, with the consent of employees. Latvia increased<br />

the overtime hours to a maximum of 432 a year, Hungary<br />

and Slovakia to 400, Poland to 260. The combination<br />

of time swaps within the normal work hours and<br />

expanded overtime makes it possible for businesses to<br />

adjust to swings in demand.<br />

About 50 countries allow flexible working hours. In<br />

the others, temporary increases in demand mean lost revenues<br />

or higher production costs. For example, the normal<br />

workweek in Indonesia is 40 hours, and 3 additional<br />

hours of overtime per day are allowed. The premium for<br />

overtime work is 50% for the first hour, and 100% thereafter.<br />

So to meet an increase in temporary demand of 50%<br />

the owner of a 200-employee company would have to hire<br />

19 new workers. 20 The labor costs on that 50% output increase<br />

would rise by 96%. In Venezuela, where only two<br />

hours of overtime work per week are allowed, at a 50%<br />

premium, the business would have to hire 66 new workers<br />

and the labor cost would increase by 90%. Countries<br />

that move to more flexible work hours can bring those<br />

labor costs down considerably—Slovakia from 111% to<br />

27%, Namibia from 54% to 39% (figure 4.5).<br />

Remove administrative approvals to dismissals<br />

Many countries have both high administrative barriers<br />

and large direct costs of firing. If a business owner in Sri<br />

Lanka decides to fire a redundant worker, she needs to<br />

obtain approval from the labor union. This takes time.<br />

Often, the case ends up in the labor tribunal, involving<br />

further costs and delays. Fines are frequently levied for<br />

failing to comply with this or that procedure. And once

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