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ESSAY CONTENTS INTRODUCTION 2259 I. JOB SECURITY AS PROPERTY-THE STATE OF THE DOCTRINE 2268 II. EXPANDING PROPERTY RIGHTS 2276 A. Justifications for Tying Job Security to 2276 Constitutional Property B. [...], Employment at will is legally and politically entrenched. It is the default termination law in forty-nine states and controls the working lives of most U.S. workers, creating a political economy of precarity and exploitation. In light of these challenges, this Essay offers a novel framework for a constitutional challenge to the at-will termination regime under the Fifth Amendment's Takings Clause. The argument advanced in this Essay is that at-will rules strip workers' job security and are, thus, unconstitutional takings of workers' property. Following the Supreme Court's lead, numerous courts equate public-sector workers' job security with property entitlements in their jobs under the Due Process Clause. I offer theories to expand this doctrine from the public sector to the private sector, and from the Due Process Clause to the Takings Clause. As a sword, takings claims can be raised against the prevailing termination regimes in forty-nine states. As a shield, at-will-as-takings claims can protect public-sector workers against increasing precarity in federal, state, and local government work. This Essay makes two additional contributions. First, it rejects the premise underlying contemporary critiques of the Supreme Court's takings doctrine that identify employers as the only property owners on the job. Second, it offers a property-friendly progressive constitutional vision that rejects reliance on the administrative state as the only tool for progressive policy advancements.

I. Federalist Backdrop 1127 II. Innovation in the U.S. Virgin Islands 1130 III. The Right to Stable Employment in the U.S. Virgin Islands 1132 IV. Lessons from the U.S. Virgin [...]

Introduction I. Workers Are Falling Behind A. Running Faster to Stay in Place B. Where Have All the Good Jobs Gone? C. Wage Theft and the Decline of the Organizations [...]

Even in countries with high average job security, workers with low tenure typically enjoy very limited job protection. This study analyzes the impact of such a feature on job duration. It uses a 1999 British reform that increased job security for workers with 1-2 years of tenure. The firing hazard for these workers decreased by 26% relative to the hazard for workers with 2-4 years of tenure. The firing hazard for workers with 0-1 year of tenure also decreased by 19%, which is consistent with better recruitment practices and hence improved match quality.

This article presents evidence about the effects of dismissals-for-cause requirements, a specific component of employment protection legislation that has received little attention. I study a quasi-experiment generated by a law introduced in Portugal: out of the 12 paragraphs in the law that dictated the costly procedure required for dismissals for cause, eight did not apply to small firms. Using matched employer-employee longitudinal data and difference-in-differences methods, I examine the impact of that differentiated change in firing costs upon several variables. The results do not indicate robust effects on job or worker flows, although some estimates suggest an increase in hirings. However, firms that gain flexibility in their dismissals exhibit sizable increases in their relative performance. This finding suggests that reducing firing costs of the type studied here increases workers' effort.

The concepts of flexicurity - flexibility and security are not contradictory but supportive for the development of interfaces between welfare states and labor markets. The design and implementation of flexicurity is outlined.

The article examines the European Employment Strategy (EES) and its effectiveness in influencing member states and performances and striking a balance between flexibility and security.

INTRODUCTION I. TITLE VII AND EMPLOYMENT AT WILL: AN UNEASY COEXISTENCE A. Title VII's Goal: Equal Employment Opportunity B. Employment at Will and Its Limits C. Employment at Will and [...], The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at odds. This Article challenges this piece of conventional wisdom by showing how job security protections can also exacerbate racial inequality in employment. It examines the recent race riots and student protests against proposed labor law changes in France to unearth the tension between combating racial discrimination in hiring and protecting all employees' job security. Scholars and advocates of employment discrimination law should be aware of the ways in which both employment at will and job security protections can function in different contexts to exacerbate racial inequalities in employment. Such awareness should encourage the development of a broader perspective on equal employment opportunity that moves beyond the limited set of problems that are identified by the litigation of employment discrimination cases.

The patterns of labor market entry of school-leavers in 11 European countries are compared based on a module of school-to-work transitions. Findings reveal that national institutional differences regarding employment protection legislations and the vocational specificity of the education system affect cross-national differences in labour market entry patterns.

INTRODUCTION Although the United States is one of the most affluent nations in the world, a substantial number of people in this country continue to live in poverty. In 2003, [...]

The New Turkish Labour Act became effective on 10 June 2003 provides increased job security provisions. The challenges for Turkey in the preparation of the new law include aiming for promotion of more and better employment, more quality approach to industrial relations, and enhancement of social dialogue.

Under symmetric information, a job protection law which says that a principal who has hired an agent today must also employ him tomorrow can only reduce the two parties' total surplus. The law restricts the principal's possibilities to maximize her profit, which equals the total surplus, because she leaves no rent to the agent. However, under asymmetric information, a principal must leave a rent to her agent, and hence profit maximization is no longer equivalent to surplus maximization. Therefore, a job protection law can increase the expected total surplus by restricting the principal's possibilities to inefficiently reduce the agent's rent. JEL classification: E24; J65; K31; D82 Keywords: Job security; Employment protection; Labor market rigidities

The mismatch in output and employment growth phases witnessed by Indian industry in the 1960s and 1970s and the puzzle of jobless growth during the 1980s drew attention to the possible adverse impact of the Industrial Disputes (Amendment) Acts of 1976 and 1982. The Government of India recently mooted a proposal to relax the provisions of the Acts to enhance the flexibility of the labour market. We investigate the extent of impact of job security legislation through an analysis of dynamic inter-related factor demand functions. Our findings provide evidence of significant lags in employment adjustment. We find evidence, however, that these existed even in the period preceding the formal introduction of job security legislation, and that the impact of job security regulations, contrary to popular perception, was minimal. JEL classification: J23; C32 Keywords: Adjustment lags; Inter-relatedness; Dynamic factor demand; Vector error correction; Job security regulations

Most employees believe that can only be terminated for cause, but actually there is no legal basis for this belief. The author examines the legal consequences of this gap between perception and reality.