A/HRC/34/57
48.
Possibly as a reaction to such research findings, OECD has, in recent years, adopted
a less pronounced policy stance on this matter. For instance, in a study carried out in 2006,
OECD researchers found “no significant impact of employment protection legislation on
aggregate unemployment” but some evidence that “highly centralized and/or coordinated
wage bargaining systems” were estimated to be associated with lower unemployment. 78 In
addition, a comprehensive review published by the World Bank concluded that labour
market institutions had positive distributional effects, while the effects on economic
efficiency appeared modest, “with most studies showing no effect or small negative effects
but some finding positive effects”. 79 Furthermore, IMF research has also become more
nuanced over time, with a recent report finding that labour market regulation had no
“statistically significant effects on total factor productivity”. 80
49.
Overall, research suggests that the economic implications of labour legislation are
significantly complex, vary across countries and economic sectors and can, more
importantly, even increase economic efficiency, depending on the context. In many cases,
factors other than labour standards seem to play a stronger role in influencing economic
outcomes. The economic case for dismantling labour standards, including in the area of
collective bargaining and dismissal protection, is, hence, weak.
50.
This finding is also important from a human rights point of view. If encroaching on
labour rights does not have any justifiable benefits, even for rights holders who are outside
the labour market, and if downsizing labour rights does not lead to enhanced enjoyment of
economic and social rights for all, such retrogressive measures cannot be considered as
permissible and justifiable responses to financial and economic crises.
B.
Economic effects of the deregulation of labour law in the context of
economic adjustment
51.
Empirical findings overall do not seem supportive of the claim that labour law
deregulation fosters recovery after economic crises. Indeed, the evidence seems to be more
in line with the argument that “pressure towards labour market flexibilization, aimed at
boosting export-led growth, will eventually lead to lower consumption, net exports and
employment” at the global level.81
52.
Evidence from Latin America suggests that reforms that deregulated individual and
collective labour law in Argentina, the Plurinational State of Bolivia, Brazil, Chile, Mexico
and Uruguay in the 1980s and 1990s, led neither to less informal employment nor reduced
employment instability, which saw an increase during that period.82 Indeed, in several Latin
American countries, the weakening of employment protection legislation appears to have
78
79
80
81
82
Andrea Bassanini and Romain Duval “The determinants of unemployment across OECD countries:
reassessing the role of policies and institutions”, OECD Economic Studies, No. 42, 2006/1 (2006),
p. 46.
Gordon Betcherman, “Labor market institutions: a review of the literature”, Background paper for the
2013 World Development Report (November 2012), p. 41.
IMF, World Economic Outlook: Uneven Growth — Short- and Long-term Factors (April 2015),
p. 105.
Jeronim Capaldo and Alex Izurieta, “The imprudence of labour market flexibilization in a fiscally
austere world”, International Labour Review, vol. 152, No.1 (2013), p. 24.
Lydia Fraile, “Lessons from Latin America’s neo-liberal experiment: an overview of labour and
social policies since the 1980s”, International Labour Review, vol. 148, No. 3 (September 2009), pp.
220 and 224; Alfredo F. Calcagno, “Ajuste estructural, costo social y modalidades de desarrollo en
América Latina”, in El ajuste estructural en América Latina. Costos sociales y alternativas (Buenos
Aires, Consejo Latinoamericano de Ciencias Sociales, 2001), pp. 80-81; also E/C.12/1/Add.38.
17
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