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Employment Policy in Latin America: The Missing Link between Economic Growth, Poverty and Income Distribution Class 3 Kirsten Sehnbruch Center for Latin American Studies UC Berkeley Feb 11 – March 4, Fridays, 10.00am – 1.00pm Compliance with Labor Legislation: de facto or de jure? • Whenever we assess the impact of labor market legislation in LA, we have to consider whether it is really applied in practice. • eg. a large proportion of severance pay is never paid • Employers are likely to avoid complying with legislation whenever they can get away with it • Large companies with unions tend to have better rates of compliance with legislation Enforcement of Legislation • requires a labor inspectorate that operates at a national and regional level (often a department attached to the ministry of labor) • requires knowledge of legislation by both workers and employers • requires institutionalization of a functioning complaints procedure • requires the existence of labor courts who can adjudicate complaints and enforce legislation Methods of Enforcement • Labor inspectors (random or non-random checks) • Complaints from workers or union officials (normally through a labor inspectorate) that occasion a visit from the inspector • Accidents or other incidents occasion an inspection • Dismissal/resignation of a worker causes a complaint • Consequences of non-compliance: accidents, fines, public denouncements, and press reports Data on Enforcement • There is no reliable data in LA on the enforcement of specific labor regulation issues, For Example: • what proportion of severance pay is actually paid? • how many companies prevent unions from establishing themselves? • how many workers are dismissed because of intended or actual union activity? • what is the real rate of accidents? • what is the rate of compliance with maternity legislation, including unlawful dismissal? Poverty is in the definition • Monetary limits (eg. World Bank) • Basket of goods (individual LACs and CEPAL) • Relative and absolute poverty lines • Alternative non-income measures to poverty (HDI and other basic indicators) Alternative Measures of Human Development • HDI (life expectancy, literacy + GDP) • GDI (same, but segregated by sex) • GEM (Gender empowerment index: % of women holding: parliamentary seats, executive positions and prof./technical jobs) • HPI (Human Poverty Index: % of population unlikely to survive to 40, access to basic services, malnutrition in < 5, income distribution, % of poverty) • None of these measures include a component based on employment • All of these indicators are much criticised and controversial: arbitrary, insensitive, summaries, methodology and technical calculation, etc. • Their main achievement is that they have shifted attention away from GDP/capita as a measure of development Approaches for thinking about Poverty • • • • • • • • • Traditional (utilitarian): income per capita ‘Trickle down’ through growth (neo-liberal) ‘Targeting’ social expenditure (neo-liberal plus) Basic Needs (mentioned in Franko) Social Exclusion Social Capital Empowerment Capabilities There is no employment based approach, but all of these approaches can focus on employment Economic Growth and Poverty • Economic growth generally reduces poverty • The question is, to what extent? • The extent depends on the employment it generates • You can reduce poverty without economic growth, but this is more difficult: support-led or growth-led policies • The former act through non-employment dependent social policies, the latter act through employment dependent social policies The Trickle-down Effect Economic Policy Social Policy Trickle down through jobs Trickle down through jobs Individual Wellbeing Components of Social Security in LA (1): Employment related • Pension systems (private, public and minimum guarantees) including disability provisions • Health insurance (private and public) • Unemployment insurance (in some LACs) • Accident and work related illness insurance • Union related benefits (eg. health, educational and holiday facilities) Components of Social Security in LA (2): state benefits not related to employment • Survival pensions (below minimums) • Emergency and primary healthcare, including dental care • Monetary benefits • Subsidies for food, water, electricity • Meal programs at schools • Poverty programs (eg. Contigo in Mexico) • Housing subsidies • Credit facilities Poverty Programs: Chile Solidario: Programa Puente • • • • Program targeted at the most needy (indigent) Administered through municipalities Participants selected based on a score (ficha Cas) Links beneficiaries with existing social programs that they are entitled to (eg. pensions, primary health care, pre-school, material goods) • Social worker goes to family’s home to discuss their needs, objectives and to provide psychosocial support • Subsidy facility (goods not money) with training to insert participants into the informal labor market Problems with the Program • Selection method of families • Municipal resource constraint (including the time allocated for social worker visits) • Most of the families have social and/or psychological problems that cannot be addressed in the available time and are not addressed by linking them up with relevant support groups • If these problems are unresolved, families cannot function better • Institutional disfunctions (central vs decentralised administration) • Most of the micro-entrepreneur projects (subsidies) fail • The program ultimately fails due to lack of employment opportunities Poverty and Employment • Working poor: insufficient earnings from a regular job to sustain a family (one minimum wage per household will not lift a family above the poverty line in most countries) • Working poor: Underemployment of working members of a family (either hours or income) • Participation: Inability of all working age family members to participate in the labor market (either through lack of available work or childcare facilities) • Earnings crisis: either through loss of employment, health problems or other temporary problems ( ex: Marco’s case) • Family break-up means main earner disappears or wages have to be shared between two households • Poverty through lack of savings during working life (no pension rights) Child Labour as a manifestation of earnings poverty • Child Labour at the cost of continuing education • Child Labour in addition to education • Enforcing legislation on child labour may increase overall poverty of a family • Possible solutions? Pension Systems • Traditional pay-as-you-go • Company pensions • Private pension systems (either on their own or in addition to other forms of pension) • Latin America: the end of ISI and the debt crisis (followed by structural adjustment) required massive pension reforms (much more extensive than in any developed country) The Model for the reforms: The Chilean Pension System • Implemented in 1981, first fully privatised pension system • Wage-earners contribute 12% of their wages to an individual account. • No contributions from employers • Workers get to chose between several pension fund managers who are supposed to compete with each other • Investment of pension funds strictly regulated and limited to certain investments: have produced high returns since inception of system • Upon retirement: worker either buys an annuity or is paid out regular amounts from savings • State guarantees minimum pension after 20 years of contribution (insurer of last resort) Problems with the System • Low coverage of total labour force • Unstable employment patterns: half the labour force will not achieve minimum of 20 years contributions, and therefore not be entitled to a minimum pension • State has to guarantee pensions of a significant proportion of the labour force • The others will receive low pensions • Significant regulatory concerns that prevent real competition, and entrenched political interests of fund managers Health Insurance • Public, private and mixed systems (more diversity in the systems than in pensions) • Problems with public systems: under-funding • Problems with private systems: contributions (generally a proportion of wages) may not be enough to cover premiums for full insurance • State has to act as an insurer of last resort • Regulatory issues (renewal of contracts, amount of premiums, transparency, competition) Unemployment Insurance Systems in Latin America • Nothing • Employment Generation Programs (almost all LACs) • Unemployment benefits (Ar, Br) • Severance Payments: approx. 1 monthly salary per year of service (all LACs, ex Peru) • Individual Savings Accounts (Br) • Mixed individual savings account and benefit schemes (C, P, Ec?) The New Model: The Chilean Unemployment Insurance Scheme • Covers all dependent workers excluding domestic service, including short term contracts. • Personal savings accounts are set up for workers, funded by both the employee and the employer. • In case of unemployment (whatever its cause) withdrawals can be made from these accounts. • Under certain conditions the unemployed will have the right to support from a “Solidarity Fund” financed by the government and employers. Structure of the new Unemployment Insurance Scheme Government Employer Employee Budget 0.8% Solidarity Fund 1.6% 0.6% Individual Account = 2.2%, or 26% of worker’s monthly wage after 1 year of contributions Factors that determine entitlements to the benefits of the scheme • • • • • • • Level of income in previous job Type of contract held Job tenure (min 12 months) Duration of unemployment period Reason for becoming unemployed Age of the worker Potential access to Solidarity Fund Insurance for workers with short-term contracts • Employers contribute 3% to their accounts • Employees contribute nothing • After one year’s work, they accumulate 36% of one monthly wage in their account • They can withdraw these funds if they have contributed for 6 months Problems with the Scheme • Only 31% of the unemployed had an openended contract in their previous job • 60% of the unemployed worked less than a year prior to becoming unemployed • A third of the unemployed earned the minimum wage or less, another 47% earned 1-2 minimum wages • Most of the unemployed will not be covered for the duration of their unemployment