IDEAS home Printed from
MyIDEAS: Login to save this paper or follow this series

Évaluer le droit du licenciement : comparaison des droits et des procédures, mesure des actions

  • Thierry Kirat


    (IRISECREP - Institut de recherche interdisciplinaire en socio-économie - Centres de Recherches et d'Etudes Politiques - CNRS - Université Paris IX - Paris Dauphine)

  • Evelyne Serverin


    (IRERP - Institut de recherche sur l'entreprise et les relations professionnelles - UP10 - Université Paris 10, Paris Ouest Nanterre La Défense)

  • Julie Valentin


    (CES - Centre d'économie de la Sorbonne - UP1 - Université Panthéon-Sorbonne - CNRS)

  • Damien Sauze

    (CES - Centre d'économie de la Sorbonne - UP1 - Université Panthéon-Sorbonne - CNRS)

  • Raphaël Dalmasso

    (IRERP - Institut de recherche sur l'entreprise et les relations professionnelles - UP10 - Université Paris 10, Paris Ouest Nanterre La Défense)

Registered author(s):

    The article aims at providing an original contribution to the economic assessment of labour law issue. It is based on a theoretical framework shared by economists and jurists which unable an assessment of employment protection legislation in a dynamic perspective focusing on implementation of law and enforcement issues. The article focuses on activation and use of legal rights instead on their sole nominal content. It considers litigation as a relevant basis for assessment of law which permits a reconsideration of both procedures and motives of individual and collective layoffs. The litigation viewpoint is also the basis of a critical assessment of employment protection indicators owing to the fact that they do not capture nor judicial enforcement of labour law nor courts rulings in dismissal cases. An empirical quantitative analysis is then conducted in order to try to explain why labour contract litigation in France decreases sharply since several years. The reasons can be found in two factors: first, a huge trend of job creation in small firms; second, a decrease of the average length of service of fired workers. Finally, the report scrutinizes the argument that a strict regulation of dismissals for economic motives leads the employers to strategically use individual dismissal procedures. The "substitution effect" does not seem to be supported by empirical evidence in the French case.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: no

    Paper provided by HAL in its series Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) with number halshs-00365518.

    in new window

    Date of creation: Oct 2008
    Date of revision:
    Publication status: Published in Revue de l'OFCE, Presses de Sciences Po, 2008, pp.29-64
    Handle: RePEc:hal:cesptp:halshs-00365518
    Note: View the original document on HAL open archive server:
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:hal:cesptp:halshs-00365518. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (CCSD)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.