This paper examines the impact of English and Australian unfair dismissal legislation on the common law rules which govern the termination of the employment contract. To explore this issue, the paper first outlines some general approaches to the interaction between statute law and the common...

Severance pay, a fixed-sum payment to workers at job separation, has been the focus of intense policy concern for the last several decades, but much of this concern is unearned. The design of the ideal separation package is outlined and severance pay emerges as a natural component of job...

All OECD countries have either legally mandated severance pay or compensations imposed by industry-level bargaining in case of employer initiated job separations. According to the extensive literature on Employment Protection Legislation such transfers are either ineffective or highly...

This paper analyzes a labor market, where firms offer workers incentive contracts and make decisions about irreversible capital investments. The state authority regulates the institutional framework by choosing the level of unemployment benefits and the workers' bargaining power. Our results...

Der Beitrag plädiert für die Verwendung der ökonomischen Analyse als Methode der Rechtsvergleichung. Mit ihrer Hilfe wird gezeigt, daß das Vorurteil unbegründet ist, der Kündigungsschutz sei in den USA ?schwächer? (arbeitgeberfreundlicher) als in Deutschland. Die erwartete...

Insider-outsider theory suggests that in dual labour markets two groups have opposing preferences regarding protection against dismissals: insiders defend employment protection, because it increases their rents. Outsiders see it as a mobility barrier and demand deregulation. Similar divides are...

A major change to the Labour Code Law nr. 40/2011 was considered that the introduction of graduates of higher education institutions of the probation period. The provisions of art. 31 para. 6 of the Labour Code, according to which, the manner of internship shall be regulated by special law,...

Employment scholarship focuses too much on laws and not enough on norms. Yet norms capture the complete terms of employment more accurately than most legal contracts. Virtually every aspect of the employment relation that falls outside the realm of contract lawyers - corporate culture, office...

The purpose of this paper is to show that the common law governing the employment of labor makes the distinction not only between employee and independent contractor but also between managerial control and agency. The idea is that common law precedents govern workers who are employed and...