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Employment law and its contribution to labour market segmentation in Latin America

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  • Graciela BENSUSÁN AREOUS

Abstract

This article examines legal segmentation in five Latin American countries (Argentina, Brazil, Chile, Mexico and Uruguay) by drawing on the employment regulation typology developed by Dingeldey et al. (2022), based on three functions – standard‐setting, privileging and equalizing. The author distinguishes between three factors of inequality and precarity: lack of coverage (namely of self‐employed workers), discrimination and the circumvention of standards. Lack of enforcement, together with an unfavourable economic environment, results in informality. The analysis identifies different forms and levels of protection under standard and non‐standard employment, as well as compensatory rules and other regulations seeking to eliminate inequality.

Suggested Citation

  • Graciela BENSUSÁN AREOUS, 2022. "Employment law and its contribution to labour market segmentation in Latin America," International Labour Review, International Labour Organization, vol. 161(4), pages 535-553, December.
    • Handle: RePEc:bla:intlab:v:161:y:2022:i:4:p:535-553
    DOI: 10.1111/ilr.12383
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    References listed on IDEAS

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    1. Irene Dingeldey & Heiner Fechner & Jean-Yves Gerlitz & Jenny Hahs & Ulrich Mückenberger, 2022. "Worlds of Labour: Introducing the Standard-Setting, Privileging and Equalising Typology as a Measure of Legal Segmentation in Labour Law," Industrial Law Journal, Industrial Law Society, vol. 51(3), pages 560-597.
    2. Jorge Notaro & Mariángeles Chevalier & Claudio Fernández Caetano & Virginia Motta & Magdalena Viera, 2011. "El origen del sistema de relaciones laborales en el Uruguay," Documentos de Trabajo (working papers) 11-01, Instituto de Economía - IECON.
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    1. Ulrich MÜCKENBERGER & Irene DINGELDEY, 2022. "Introduction: Worldwide patterns of legal segmentation in employment law," International Labour Review, International Labour Organization, vol. 161(4), pages 511-534, December.
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