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Business Removing

Doing Business in 2005 -- Removing Obstacles to Growth

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82 DOING BUSINESS IN 2005<br />

imum duration of term contracts; and (iii) the ratio of the<br />

mandated minimum wage (or apprentice wage, if available)<br />

to the average value-added per working population. A country<br />

is assigned a score of 1 if term contracts can only be used<br />

for temporary tasks, and a score of 0 if term contracts can be<br />

used for any task. A score of 1 is assigned if the duration of<br />

term contracts is 3 years or less; 0.5 if the duration is between<br />

3 and 5 years; and 0 if term contracts can last more than 5<br />

years. Finally, a score of 1 is assigned if the ratio of minimum<br />

wage to average value added per worker ratio is higher than<br />

0.75; 0.67 for ratios between 0.50 and 0.75; 0.33 for ratios between<br />

0.25 and 0.50; and a score of 0 if the ratio is below 0.25.<br />

For example, term contracts are only allowed for temporary<br />

tasks in Uruguay (a score of 1), but they can be longer than 5<br />

years (a score of 0), and the ratio of the mandated minimum<br />

wage to the value-added per worker in 0.10 (also a score of 0).<br />

Averaging the three subindices and scaling the index to 100<br />

gives Uruguay a score of 33.<br />

The Rigidity of Hours index has 5 components: (i) whether<br />

night work is restricted; (ii) whether weekend work is allowed;<br />

(iii) whether the workweek consists of 51⁄2 days or<br />

more; (iv) whether the workday can extend to 12 hours or<br />

more (including overtime); and (v) whether the annual paid<br />

vacation days are 21 days or less. If the answer to any of these<br />

questions is no, the country is assigned a score of 1, otherwise<br />

a score of 0 is assigned. For example, night work is not allowed<br />

in Vietnam (a score of 1), weekend work is restricted (a<br />

score of 1), the workday—with overtime—can extend to 12<br />

hours (a score of 0), 6-day work weeks are allowed (a score of<br />

0), and paid vacation is 16 days (a score of 0). The scores are<br />

then summed and scaled to 100 to get to the final index of 40<br />

for Vietnam.<br />

The Difficulty of Firing index has 8 components:<br />

(i) whether redundancy is not grounds for dismissal;<br />

(ii) whether the employer needs to notify the labor union or<br />

the labor ministry for firing 1 redundant worker; (iii)<br />

whether the employer needs to notify the labor union or the<br />

labor ministry for group dismissals; (iv) whether the employer<br />

needs approval from the labor union or the labor ministry<br />

for firing 1 redundant worker; (v) whether the employer<br />

needs approval from the labor union or the labor ministry for<br />

group dismissals; (vi) whether the law mandates training or<br />

replacement prior to dismissal; (vii) whether priority rules<br />

apply for dismissals; and (viii) whether priority rules apply<br />

for reemployment. If the answer to any question is yes, a score<br />

of 1 is assigned, otherwise a score of 0 is given. Questions (i)<br />

and (iv), as the most restrictive regulations, have doubleweight<br />

in the construction of the index. For example, an employer<br />

in Brazil has to both notify (a score of 1) and seek approval<br />

(a score of 2) from third parties when dismissing a<br />

redundant worker, she has to both notify (a score of 1) and<br />

seek approval (a score of 1) when dismissing a group of<br />

workers, and redundancy is not considered a fair grounds for<br />

dismissal (a score of 2). The law does not mandate priority<br />

rules for dismissal (a score of 0) or reemployment (a score of<br />

0), and there is no requirement for retraining or alternative<br />

placement prior to dismissal (a score of 0). Adding up and<br />

scaling to 100 gives the final index of 70 for Brazil.<br />

The Cost of Firing indicator measures the cost of advance notice<br />

requirements, severance payments and penalties due<br />

when firing a worker, expressed in terms of weekly wages. For<br />

example, in Cameroon an employer is required to give 16<br />

weeks advance notice prior to a redundancy dismissal, the<br />

severance pay for workers with 20 years of experience equals<br />

7 months of wages, and redundancy is grounds for dismissal<br />

so no penalty is levied. Altogether, the employer pays the<br />

equivalent of 46 weeks of salary to dismiss the worker.<br />

This methodology is originally developed in Botero and others<br />

(forthcoming) and adopted with minor changes here.<br />

Registering property<br />

A business purchases land and a building in a peri-urban area<br />

of the most populous city. Doing <strong>Business</strong> covers the full sequence<br />

of procedures necessary to transfer the property title<br />

from the seller to the buyer. Every required procedure is included,<br />

whether it is the responsibility of the seller, the buyer,<br />

or where it is required to be completed by a third party on<br />

their behalf.<br />

Local property lawyers and property registries provide information<br />

on required procedures, as well as the time and the<br />

cost to fulfill each of them. In most countries, the data are<br />

based on responses by both lawyers and officials in the property<br />

registries.<br />

Assumptions about the business<br />

To make the business comparable across countries, five assumptions<br />

are employed. The business:<br />

• Is a limited liability company.<br />

• Is located in a peri-urban area of the country’s most populous<br />

city.<br />

• Is 100% domestically and privately owned (no foreign or<br />

state ownership).<br />

• Employs 50 employees, all of whom are nationals.<br />

• Operates in general commercial activities.

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