Enforceability of Labor Law [electronic resource] : Evidence From A Labor Court in Mexico / Kaplan, David S.

By: Kaplan, David SContributor(s): Kaplan, David S | Sadka, JoyceMaterial type: TextTextPublication details: Washington, D.C., The World Bank, 2008Description: 1 online resource (36 p.)Subject(s): Adjudication | Assets | Bankruptcy and Resolution of Financial Distress | Confidence | Corruption | Finance and Financial Sector Development | Information Security and Privacy | Judicial process | Judicial system | Law and Development | Lawyer | Lawyers | Legal framework | Legal Products | Microfinance | Public Sector Corruption and Anticorruption Measures | TrialAdditional physical formats: Kaplan, David S.: Enforceability of Labor Law.Online resources: Click here to access online Abstract: The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
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The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.

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