La eficacia y la eficiencia del derecho del trabajo: reflexiones sobre un derecho cuestionado por la economía y el desempleo
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Keywords

labor law
market efficiency
international financial decision centers
social and democratic state of law
labor relations
market duality
market segmentation

How to Cite

Casas Baamonde, M. E. (2016). La eficacia y la eficiencia del derecho del trabajo: reflexiones sobre un derecho cuestionado por la economía y el desempleo. Revista De Administración Pública, 47, 165–213. Retrieved from https://revistas.upr.edu/index.php/ap/article/view/5179

Abstract

The demands of market efficiency according to the international financial decision centers have poured an extended trial of inefficiency and ineffectiveness of labor law. Especially on the exogenous constraints on the market that labor law imposes to meet its institutional order as a function of social and democratic rule of law, that is, protect the work and workers to correct the structural inequality of labor relations. Unemployment, duality and segmentation of labor markets, caused by Labour Law "inefficiency ", would, in turn become the effects of its ineffectiveness. In the devastating crisis of financial capitalism and the euro, "economic reformism" has undertaken reforms of European labor systems where the Labour Law has not emerged unscathed. It has failed to meet international indicators of flexibility that have been the source of legislative economic reforms, nonetheless, the logic and the institutional autonomy of democratic states. At this stage of historical development, Labour Law is externalized from workers right‘s, of those employed and unemployed, and employment in whose name have made legislative reforms.
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