Lavoro Decente E Produttività Nel Mercato Globale

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Pubblicazione on line della Collana ADAPT Newsletter in edizione speciale n. 4 del 24 aprile 2008 Registrazione n. 1609, 11 novembre 2001, Tribunale di Modena

All’interno Lavoro decente e produttività Productivity, Investment in Human Capital and the nel mercato globale Challenge of Youth Employment in the a cura di Olga Rymkevich, Iacopo Senatori Global Market Comparative I temi della qualità e della produttività re in una prospettiva di analisi ancora Developments and Global del lavoro sono ormai da tempo al cen- scarsamente esplorata: quella della Responses in the tro del dibattito sviluppato in seno alle transizione dai sistemi educativi e for- Perspective of School-to- organizzazioni internazionali e alla co- mativi al mercato del lavoro, intesa co- Work Transition munità scientifica, tra gli studiosi e gli me momento decisivo per la determina-

operatori delle relazioni industriali. È zione delle condizioni occupazionali dei di Michele Tiraboschi e infatti intorno a questi temi, e a quelli giovani. Il recente Congresso regionale Iacopo Senatori ad essi affini quali sviluppo economico, africano dell’Associazione, nel quale è

inclusione sociale, nuove modalità pro- stato presentato il contributo incluso in pag. 2 duttive e tecniche di organizzazione del questo Dossier, ha costituito la prima

lavoro, che si sono allestite le ultime importante occasione per esporre alla versioni dei periodici simposi dell’Asso- comunità internazionale un progetto di

Realizzare il lavoro ciazione Internazionale di Relazioni In- ricerca che si propone, nei prossimi me- decente in Africa dustriali, che riunisce a livello mondiale i si, di mettere in discussione le tradizio- Sintesi del V congresso ricercatori della materia. Si tratta di un nali tecniche di regolazione e di politica regionale africano filone di ricerca appassionante e fecon- dell’impiego al fine di risolvere il proble- dell’Associazione do, che il gruppo facente capo alla ma dell’occupazione giovanile, ormai Internazionale di Relazioni Scuola di Alta formazione di Adapt e divenuto un’emergenza planetaria. Industriali Fondazione Marco Biagi intende coltiva- di Olga Rymkevich

Productivity, Investment in Human pag. 20 Capital and the Challenge of Youth

Per saperne di più Employment in the Global Market

Per maggiori approfondimenti si rinvia al sito della Scuola di Comparative Developments and Global Responses in the Alta Formazione in Relazioni Perspective of School-to-Work Transition Industriali e di Lavoro di Adapt − Fondazione «Marco di Michele Tiraboschi e Iacopo Senatori Biagi» Il documento completo, corredato delle note a pié pagina, è disponibile in Indice A-Z, voce www.fmb.unimore.it Giovani e lavoro

Framing the issue: labour market specialists.

rethinking the employment of In an awareness of this complexity, that Indice A-Z young people in the global market is reflected in the relative lack of con- Voci Africa, Giovani e lavoro, vincing proposals, even of an experi- Lavoro e globalizzazione. In a comparative perspective, access to mental nature, on the part of the aca- Aggiornamento degli ultimi documenti pubblicati the labour market on the part of young demic community, and labour law schol- people is a complex issue, and for some ars in particular, the analysis put for- pag. 21 time now it has attracted the interest of (Continua a pagina 2)

Coordinatore di redazione Marina Bettoni: [email protected]

Tutti i numeri del Dossier sono disponibili sul sito: www.fmb.unimore.it Per l’invio di materiali da pubblicare e per la collaborazione con il bollettino: [email protected]

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 ward in the present paper focuses giving rise to the risk of impover- beginning of 2006, in response to on certain aspects of youth em- ishing the human capital in the French government proposals to ployment that are only apparently country of origin. introduce a new type of employ- contradictory, not to say paradoxi- The question of youth employment ment contract known as the initial cal. has therefore become an ex- employment contract (CPE in These aspects are still in need of tremely urgent matter which French), with a view to boosting in-depth examination, at least in should play a key role on the employment figures. Similar de- an international context and in the agenda of political decision- velopments have been seen also global workplace perspective, re- makers and trade union leaders in in Italy, where the modernisation flecting not only the various levels all the regions of the world, in- of the labour market, and the diffi- of economic and social develop- cluding the most economically ad- cult negotiations between the gov- ment, but also the stage of devel- vanced ones. ernment and the social partners opment of labour law and indus- In this connection, significant de- over the measures to be adopted trial relations in the various coun- velopments have been recorded in to deal with youth unemployment, tries considered in this study. the countries of the Organisation has been characterised by and The most advanced economies are for Economic Cooperation and De- influenced by a return to domestic characterised, in general, by a velopment (OECD). In these coun- terrorism against an ideological progressive raising of the age at tries, although the younger age backdrop. which young people enter the la- groups are less numerous and The problem of youth unemploy- bour market, giving rise to signifi- more highly educated than previ- ment takes a totally different form cant social and economic problems ous generations, there is increas- in other regions of the world, par- in a context in which the popula- ing anxiety about their employ- ticularly sub-Saharan Africa and tion as a whole is ageing. The high ment prospects, reflecting the South Asia, where the extremely level of academic attainment and alarming labour market statistics high rates of poverty and low in- well-being is in some cases ac- concerning young people in vari- come levels are accompanied by a companied by a significant level of ous countries, though these indi- strong presence of young people, intellectual unemployment, to- cators are not necessarily the who account for 80% of the young gether with difficulties on the part most appropriate, with regard people of the world (Figure 3). of enterprises in recruiting em- both to unemployment among In the African countries, in par- ployees with the right skills for young people (Figure 1) and long- ticular, it is well known that youth positions that tend to be rejected term unemployment for this age unemployment is closely linked by young people among the local group (Figure 2). In addition, the with high levels of poverty, re- population. issue of segmented labour mar- flecting the apparently contradic- The same goes for the manage- kets or precarious employment, in tory situation in which a low level ment of small or micro enterprises the sense of work of a temporary of demand co-exists with the high- and for the numerous trades taken nature and of low quality that is est participation rates for young up by immigrant workers who are available to young people, is of people in the world, with high willing to learn and hand down central importance in the domestic rates of employment in the infor- trades that are essential for the debate in many countries, with an mal sector, and all the negative national economy and that may impact on election campaigns both consequences that ensue in terms now be seen as a kind of endan- at national and local level. A case of unemployment, underemploy- gered species. On the other hand, in point, at least in Europe, is that ment, lack of education, training the economies and societies of the of the revolt of young people in and vocational skills. However, in developing countries are charac- France at the end of 2005 and the spite of the decline in fertility rates terised by the opposite trend, that may appear to be contradictory or paradoxical, bringing to mind the early stages of the Industrial Revolution and the emergence of modern labour law, marked by the large-scale and often brutal exploitation of the young workforce and by child labour. Due to extremely high levels of unemployment and underemployment, this leads increasingly to large-scale migration towards the most developed regions (for a comprehensive evaluation see the World Youth Report 2007, Depart- ment of Economic and Social Af- fairs, United Nations, October 2005), that are characterised by a declining workforce, low birth Figure 1 – Youth unemployment (age range 15- 24 years) in a number of OECD rates, and an ageing population, Countries (1995-2005).

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008

pean Union since the end of the 1990s, albeit with limited success. In particular, the approach is that of the Open Method of Coordina- tion (OMC), consisting of the definition of common guidelines by a supranational body for the Mem- ber States, comparing the measures adopted by the various countries, providing for a periodic assessment aimed at identifying best practices, and where possible, their extension to other national settings (benchmarking) (see, re- cently, Making (it) Work: Intro- duction to the Special Issue on the Future of the European Employ- ment Strategy, monographic issue of The International Journal of Comparative Labour Law and In- Figure 2 – Incidence of long-term unemployment among youth. dustrial Relations, 2007, no. 4). However, the EU experience, together with the pressures that the and the impact of HIV/AIDS on origin to seek better training and global economy exerts on the na- overall population growth, Africa employment opportunities abroad tional systems, highlights the lim- still has the highest rates of demo- (at times unsuccessfully) in what its of an approach in which regula- graphic growth in the world, with has been called the “battle for tory powers remain in the hands the population mainly consisting of brains” (R. Blanpain, The End of of the nation states, albeit with a young people. In 2005, some 62% Labour Law?, In R. Blanpain., M. certain amount of transnational of the population were under the Tiraboschi (eds.), The Global La- coordination (that may be more or age of 25, with a projected rate of bour Market. From Globalization to less strict), without calling this 60% for 2015 (Tables 1 and 2). Flexicurity, Kluwer Law Interna- traditional function into question. Such a strong growth of the young tional, The Hague 2008, 3) – has The attention of the institutions and under-age workforce gives led analysts to examine the possi- and scholars who are dealing with rise to a major challenge for the bility of taking countermeasures the legislative implications of eco- countries of Africa, at least to the on a transnational scale. Signifi- nomic internationalisation is now extent that this growth is not ac- cant steps have been taken in this shifting from the external sphere companied (a highly unlikely de- direction by the International La- of state sovereignty (the soft-law velopment) by a parallel growth in bour Organization, the United Na- influence of transnational institu- the economy, giving rise to oppor- tions and the World Bank: starting tions) towards the internal sphere, tunities for regular and quality from a comparatives study, they concerning the national institu- employment in the official econ- have gradually adopted measures tions, the actors in the industrial omy. to coordinate employment policies relations system, and the nature On the other hand, the countries designed for young people. These of regulatory provisions, based on of East Asia, that are experiencing initiatives, such as the Youth Em- the idea that in the context of an unprecedented economic ployment Programme of the Inter- globalisation, effective labour mar- boom, with positive effects in national Labour Organization, ket policies require profound terms of material well-being and adopt measures of the type imple- changes in legal techniques and the development of the education mented in connection with the fundamental legal principles. system, are still facing a number Employment Strategy of the Euro- When labour law and industrial of problems, such as the gap between the urban and rural areas, and the mismatch between vocational training programmes and the requirements of the labour market, leading to an inappropri- ate use of human capital that has an impact on the younger genera- tion. The global dimension of the problem, arising from the irreversible interdependence between the economies of the world, is reflected in the migration of young people leaving their country of Figure 3 – Half of the global youth population live in low-income Countries.

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008

development in their countries of origin. Their remittances help cover family expenses and investment for job creation. When they return, they bring back human, financial and social capital, thereby contributing to the development of their home countries» (International Labour Or- ganization, Youth Employment. From a National Challenge to a Global Development Goal, Back- ground paper contributed by the ILO to the G8 Labour and Employ- ment Ministers’ Conference, Ge- neva-Turin, 2006). While examining the possibility of adopting a global alliance to move Table 2 – Labour Market Indicators for Youth in Africa (1995 and 2005). from these contradictory aspects relations scholars lose sight of the globe which, in the course of their towards solutions to the problems fundamental issues of labour pro- development over the centuries, of individual nation states, the ductivity, investment in human have benefited from the imple- International Labour Organization resources, and the links between mentation of modern labour law. (ILO) has focused more closely on education, training and the labour As a result, though it may appear the other, more negative, side of market, then their main focus is to be a paradox, bearing in mind the coin. Quite rightly, the ILO has on a formal, conceptual system the historical role played by labour pointed out that «African youth that is in many cases largely self- law, it could be argued that stan- make up a large part of the “brain referential. As a result they can dards of international competition drain” of educated and skilled la- make only a limited contribution have been set that are disadvan- bour that is migrating to the de- to labour market institutions and tageous for enterprises in the less veloped world to earn a living. the work of the social partners developed economies. This migration is depleting sending (both national and international) However, considered in the con- countries of their investment in in their efforts to implement an text of the global labour market human capital. Research has organic action plan, taking ac- and in an interdisciplinary per- shown, for example, that in a five- count of the insights provided by spective, the apparently insoluble year time span (1985-1990) some the economic disciplines, relating problems of each country can be 60,000 professionals (doctors, uni- to the improvement of employ- taken as a great opportunity for versity lecturers, engineers) left ment conditions for young people. development and growth in what Africa to find work elsewhere. At As a result it is possible to point to is by no means a zero-sum game, the other end of the scale, a large a plethora of international meas- provided it is properly governed in number of Africans, especially ures – such as the prohibition of an integrated manner and evalu- young women, are going overseas child labour, measures relating to ated in an interdisciplinary per- to work – mainly as domestic decent and productive work, and spective. As rightly argued by the workers, care-givers or in the en- the definition of employment con- International Labour Organization, tertainment industry. Their expo- tracts as self-employment or sala- «the outflow of young migrants to sure to exploitation and abuse, ried employment – that are of the developed world presents a including being trafficked, is a great symbolic value but largely number of benefits for both re- concern that features increasingly ineffective in terms of their impact ceiving and sending countries. As highly on national and interna- on the real economy, both in the regards the former, there is evi- tional agendas» (International La- advanced countries (that are char- dence that migrants have only bour Organization, Youth Employ- acterised by high levels of employ- slight negative effects on the ment. From a National Challenge ment protection) and in the devel- wages of nationals, and tend to to a Global Development Goal, cit. oping countries (due to the brute pay more taxes than they receive The present paper, summarising force of circumstances and objec- in tax-supported services. Con- the initial findings of a wider re- tive economic conditions). versely, little evidence exists that search project currently under way An important point that could be migration leads to a displacement at the School for Advanced Stud- made in this connection, with all of nationals in employment. Given ies in Industrial and Labour Rela- the necessary provisos, is that the current demographic change, tions, set up by the Adapt Associa- employment safeguards and stan- young immigrants are also likely tion and the Marco Biagi Founda- dards that are imposed in a me- to become part of the solution to tion, outlines a perspective for the chanical way on developing coun- the employment and welfare prob- evaluation of this phenomenon on tries may act as a brake on their lems raised by aging in developed a global scale as the possible basis economic growth to the benefit of economies. Young migrants can for rethinking institutional strate- the more developed regions of the also be a source of funding for gies for the labour market, and in

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 particular the role of the actors in On the other hand, a method ena- tal. Indeed, human capital is the the industrial relations system. bling us to tackle such problems at key factor for growth and develop- This paper will argue that the an earlier stage, dealing with how ment, and the engine for change. main limits to the “traditional” ap- to design education and training to From this point of view, compared proach to labour law are the result respond to the demands of the to the European countries and the of a “static” conception of labour global labour market, might con- other western nations with a rap- markets on a global scale, tribute to solutions for the govern- idly ageing population, the African whereas forward planning, in the ance of international flows of la- nations are endowed with vast sense of a complete rethinking of bour. wealth. In order to avoid wasting the transition and links between This strand of research will only this precious resource, there is a education and the world of work develop its full potential if it suc- need to manage it not simply by on the part of the institutions and ceeds in adopting a holistic vision means of legal regulation that the social partners, could contrib- linking the worlds of education may or may not produce results, ute in a dynamic way to a better and employment, moving beyond but also by means of a reform of and more sustainable balance on a a traditional conception of labour the education and training sys- global scale. law provisions and industrial rela- tems on a global scale that should It is proposed to make use of the tions, and education and training be entrusted to the social part- school-to-work perspective, a con- systems, that have until now been ners. This appears to be possible cept that has until now been rele- considered as two separate only if we are prepared to rethink gated in a secondary role by in- spheres, to be studied by special- the role and functions of industrial dustrial relations and labour law ised research groups who are relations, in order to make a con- scholars. This approach is consid- separate from and not in commu- tribution to the true modernisation ers the reasons for the lack of at- nication with each other. A mod- of education and training, closing tention that it has received. First ern vision of the relations between the traditional gap between school of all, the fact that employment education and training on the one and work. policies adopted so far have had a hand, and socio-economic devel- merely local and/or national appli- opment on the other, leads to the cation, whereas closing the gap development of policies and pro- Indicators of youth employ- between the wealthiest and the grammes that take account not ment in a comparative per- poorest regions of the world re- only of the demand for labour, but spective: the question of quires a global approach, by also of the quality of the labour “decent work” and productive strengthening the link between supply. It is only by means of in- employment education and training, on the one tegration between education and hand, and the labour market, on training, and the world of work, Evidence in support of the argu- the other. The school-to-work per- that it will be possible to deal in ment outlined above is to be spective, applied to industrial rela- global and pragmatic terms with found, with all the necessary pro- tions and labour law, seems par- the problem of youth employment visos, in the report by the Interna- ticularly well suited to the need to and a balanced development of tional Labour Organization on develop more effective policies human capital in all the regions of Global Employment Trends for and policy evaluation tools. This the world. It is undoubtedly the Youth published in 2006 perspective makes it possible to case that the availability of ade- (International Labour Organiza- include the various actors relating quate education and vocational tion, Global Employment Trends to productivity, investment in hu- training is a key factor in the allo- for Youth 2006, Geneva, 2006). In man capital, youth unemployment cation of resources on the part of this report the ILO underlined the and underemployment. investors, and as a result of the fact that the indicators for youth When applying the school-to-work quality of employment. Investors employment currently available transition concept to the legal and do not set up businesses of good are sufficient to provide an ana- industrial relations methods in a quality (that is to say, not aiming lytical framework on the condition comparative framework, it be- merely to exploit low-cost labour) of young people in the labour mar- comes clear that human capital in regions where there is a lack of ket in the various regions of the improvement, work productivity personnel with the skills required world. In the words of the Report, and effective measures to deal to run the business. This means «for further expansion of the with the problem of youth employ- that the response to the problem youth employment knowledge ment can be achieved only if poli- of youth employment must be base, the need is not one of devel- cies are designed to cover the pe- based on the construction of a oping new indicators, but rather riod before entry into the labour system of education and voca- finding a way to make use of the market, i.e. the education and tional training. These are the real indicators that already exist labour training phase. In general labour investment assets that generate force participation rates, employ- market policies focus mainly on a income, productivity, development ratios, unemployment rates, given labour force, preventing the ment, social mobility and, last but employment by status and sector, solution of the structural problems not least, decent work. long-term unemployment, under- of youth employment, and particu- In the new economy the main employment, hours of work and larly their impact on the gap be- source of the wealth of nations is poverty)». With specific reference tween wealthy and poor regions. their endowment of human capi- to the African case, taking account

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 of the dramatic employment situa- the problem of youth employment tion for young people and of the at regional level can be related to mediocre performance of the various other local problems, Bollettino plethora of small-scale pro- rather than considering them as grammes designed to increase separate phenomena. ADAPT-FMB rates of youth employment, the The ILO report mentioned above

Regional Office for Africa of the reflects this analytical process, International Labour Organization underlining the fact that a funda- Frutto della collaborazione con has called for new proposals to be mental step consists of a charac- il Centro Studi internazionali e made, with practical measures and terisation of youth employment in comparati Marco Biagi, innovative thinking with a view to the global labour market. The first comprende due newsletters di providing a response to a problem step is to take account of the fact aggiornamento sui temi del that over the years has not been that unemployment is not the lavoro e delle relazioni addressed in an adequate manner. most important factor. Nowhere in industriali.

The present paper argues that to the world can it be said that the Bollettino Ordinario respond to the challenge in an lack of employment is the only analytical industrial relations per- problem, or even the most impor- È una newsletter settimanale spective, there is a need to move tant problem, for young people. di aggiornamento sui temi del from the indicators of youth un- The issue that concerns analysts lavoro e delle relazioni employment towards a common above all is that of the quality of industriali. Offre un’ampia denominator that all the actors career prospects. This issue con- documentazione can support, providing a basis for cerns both the regions with lower internazionale, comunitaria, initiatives that are coordinated at levels of youth unemployment nazionale, nonché regionale e a transnational level. In other (East Asia, 7.8% and South Asia, locale suddivisa per sezioni. Particolare attenzione viene words, there is a need to adopt a 10.0%) and those with the highest dedicata alle tematiche: set of fundamental concepts, that levels (Middle East and North Af- certificazione e interpelli, are comprehensible at all lati- rica, 25.7%; non-EU Central and giurisprudenza italiana, tudes, in order to bring the social Eastern Europe, 19.9%). agenzie del lavoro, servizi per partners together, taking a com- This leitmotiv can be identified at l’impiego, somministrazione, mon analytical viewpoint and the global level with a wide varia- istruzione, formazione, shared objectives, in an aware- tion, not only in terms of the criti- apprendistato, ricerca, ness that in the global economic cal aspects, but also with regard università, mobilità dei context, actions taken in one place to the underlying factors (see the lavoratori, immigrazione, are destined to have an impact Table in the Appendix, from the contrattazione collettiva, well beyond the confines of the International Labour Report, salute e sicurezza, orario di national institutions. It does not Global Employment Trends for lavoro, lavoro sommerso. seem to be sufficient, in this con- Youth 2006). Apparently similar Inoltre mette a disposizione nection, to apply the concept of unemployment rates may coexist raccolte statistiche, note “decent work” developed by the with extremely divergent employ- economiche e rapporti ILO and included among the Mil- ment situations. For example, istituzionali, segnalazione di lennium Development Goals in whereas the youth unemployment bandi, concorsi e premi, attività Adapt/Centro Studi 2000. Although the fundamental figure of 19.9% for non-EU Cen- Marco Biagi. importance of this concept cannot tral and Eastern Europe reflects be disputed, it may be argued that the existence of a significant num- Bollettino Speciale it is too broad a concept to pro- ber of young people classified as vide tangible results in an analyti- NEET (Not in Employment, Educa- Attivo dal novembre 2005, è cal framework and at a practical tion or Training) due to the effect una newsletter di level in transnational dealings be- of discouragement arising from approfondimento, a carattere monografico, su singole tween the industrial relations ac- the lack of employment matching tematiche di attualità in tors. their vocational aspirations, the materia di diritto del lavoro, Clearly, the employment situation 18.1% youth unemployment rate relazioni industriali, of young people in the different in sub-Saharan Africa fails to high- formazione, che segue il regions of the world is subject to light the fact that the number of modello della struttura in wide variation, and it is generally unemployed includes those who sezioni del Bollettino ordinario. recognised that the solutions to cannot afford to remain outside specific problems are to be found the labour market. L’iscrizione al Bollettino è at the local level, by those who This point serves to underline the gratuita. Per iscriversi è have an in-depth knowledge of fundamental role that the general sufficiente inviare una mail di richiesta all’indirizzo: local conditions and the various conditions of the national or re- [email protected], specificando regional stakeholders. It may be gional economy play in determin- nell’oggetto: iscrizione bollettino. argued, however, that by means ing employment choices or oppor- Per richiedere la cancellazione of a series of analytical steps, it is tunities for young people. It may specificare nell’oggetto della possible to identify a general in- therefore be said that the less de- mail: cancellazione. terpretative approach, by which veloped economies, with a large

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 informal sector, such as those in work), is indicative of asymmetri- less of the specific characteristics Africa, Latin America and South cal information relating to the sup- of each one. Whereas the imbal- Asia, are characterised by access ply and demand for labour, with ances between the post-industrial to the labour market by young the result that education and and the developing countries people at a very young age, and in training are incapable of respond- mean that it is unlikely that indus- conditions of severe poverty, with- ing to the needs of the system of trial relations can be coordinated out any real prospect of personal production. In a comparable way, on a global scale in relation to growth or vocational advancement the widespread phenomena of un- matters such as trade union repre- (as shown by the high turnover deremployment, or employment in sentation and fundamental rights rates), whereas in the more devel- positions with a lower level of spe- (such as working hours and pay), oped countries (the OECD area), cialisation than the skills of the for which it seems difficult to con- there is a trend towards an in- individual, and graduate unem- struct a shared platform, and con- crease in the age at which people ployment (particularly widespread, sidering the extremely divergent complete their education and according to the International La- levels of economic and social de- training and leave their family of bour Organization, in non-EU Cen- velopment, the problem of em- origin, due to complex phenomena tral and Eastern Europe, South ployment opportunities is a matter of economic growth not accompa- East Asia and the Pacific, the Mid- of common interest, as we have nied by a corresponding increase dle East and North Africa, and argued, for all the regions of the in the number of jobs. sub-Saharan Africa), are indicative world. This includes the regions Against this backdrop, an issue of the same critical factors. where there is a lack of skilled emerges that is common to all the A paradigmatic case in this con- labour, engaged in the “battle for regions cited, a constant factor nection is that of the countries of brains”, and those with a surplus which, added to the specific eco- East Asia, that have achieved re- of young people which, in a global nomic, demographic, cultural and cord growth in recent years with perspective, can transform the social characteristics of each re- the rapid expansion of the Chinese dramatic problem of youth unem- gion, results in the emergence of economy. Here, as underlined by ployment into an unexpected re- distinct employment issues. This the report of the International La- source for growth and develop- factor consists of the lack of hu- bour Organization on Global Em- ment. man capital, in the sense of suffi- ployment Trends 2008, the key The argument put forward here is cient vocational skills for economic cause of concern for the future is in keeping with the widely sup- development and labour produc- the development of human capital ported idea that the aim of tivity. On close examination, this and labour productivity, and the “decent work for all” can only be is the key factor among those that creation of employment with a achieved by raising productivity the International Labour Organiza- high level of vocational skill: (International Labour Organiza- tion has described as the main «another challenge is to prepare tion, World Employment Report problems of youth unemployment, young people for the future 2004/2005, Geneva, 2006). Stud- having taken account of poverty, through investment in their human ies on the relationship between discouragement and underemploy- capital, as low-cost labour will not productivity and the quality of em- ment. continue to be the region’s compa- ployment, in line with the various The first of these problems ap- rable advantage» (International stages of development that coun- pears to be inextricably linked to Labour Organization, Global Em- tries around the globe go through, the informal conditions and the ployment Trends 2008, Geneva, have highlighted the fact that to low level of specialisation in which 2008). achieve significant results in terms enterprises operate in depressed The arguments put forward so far of long-term growth it may be regions. The lack of specialisation should contain all the elements to necessary in the early stages of in terms of demand for labour, provide a general interpretation of development for certain factors and the use of labour-intensive the problem of youth employment, relating to quality employment to methods of production, requiring as indicated in the introduction. be given a lower priority. In cer- low-cost labour, tends to reduce The analysis is based on a particu- tain cases, improvements in pro- the training and employment pros- lar interpretation of the concept of ductivity may be in competition pects for young people in a vicious “decent work”, that of employ- with a rapid growth in the indica- cycle with no chance of promotion, ment opportunity, in the sense of tors of quality employment linked also giving rise to migratory employability, linked to the devel- to fundamental rights. As shown in trends which the globalisation of opment of human capital. recent years by the Chinese ex- the economy has accentuated. Of the four dimensions of the con- perience, in the initial phases of On the other hand, the phenome- cept, as identified by the Interna- development, each region tends to non of discouragement, which tional Labour Organization rely on factors that provide a com- arises from the perceived lack of (security, opportunities, basic petitive advantage, even when employment opportunities, result- workers’ rights and representa- this means low labour costs and a ing in the exit of young people tion), this one appears to be the lack of attention to labour protec- from the labour market (either to most appropriate in the context of tion. In these early stages, em- pursue further studies in order to the global economy, in that it is ployment safeguards consist improve their employment pros- the concept that is relevant to all above all of the mental and physi- pects, or simply to remain without the regions of the world, regard- cal qualities required to deal with

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 the “turbulence” encountered on employers», for the purposes of that the employment problems the way towards economic stabil- the «nation’s productive effi- most often cited may be less dra- ity. Employment opportunities are ciency» or «industrial efficiency». matic than would appear at first the main priority, rather than all Just as emblematic are the pages sight, particularly when consider- the characteristics of decent work. of Industrial Democracy dedicated ing employment trends in the Due consideration should be given to “industrial parasitism”, showing global economy and apparently to the argument that the imposi- their strong faith in market self- uncontrollable migratory forces tion of strict employment safe- regulation. On the one hand, they and the outsourcing of production. guards in the early stages of de- argue, the more extensive and Starting from a recognition of the velopment of the economy may effective the mechanism of the fact that it is impossible to prevent result in the competitive advan- “common rule”, the greater the or repress these migratory forces, tage shifting to the more devel- proportion of the population pro- the harmonious development of oped economies, that in an earlier tected from the devastating ef- employment opportunities at a phase went through their own ini- fects of speculation on the labour global level would appear to be tial stages of development with of others, whereas on the other the most suitable approach to self- low levels of employment safe- hand, in cases in which minimum regulation. In support of this argu- guards, comparable to developing conditions for the use of the la- ment, reference may be made to countries today. According to this bour force are stable and stan- ICT services in India. argument the introduction of a dardised, qualitative standards will The delocalisation to India of high- high level of employment safe- tend to improve, both for labour tech professional services, com- guards would be detrimental to and the system of production as a bined with a highly educated and the interests of workers in devel- whole, thus eliminating from the skilled local workforce, particularly oping countries in the global econ- market parasitic competitors who with regard to language skills, has omy. survive solely by speculating on had the effect of speeding up the In order to consider this argument the cost of labour. development of vocational skills in more fully, and to transfer it to a Considering the fundamental role this sector, and has given rise to global economic context beyond in the regulation of competition migratory movements which, far national boundaries, reference between enterprises that labour from impoverishing the intellectual may be made to the classic study law has played and continues to resources of the country, have Industrial Democracy by Sidney play, it is evident that a mechani- provided an opportunity for inte- and Beatrice Webb (1897), in par- cal and historically decontextual- gration and exchange with the ticular their discussion of standard ised application of employment other regions of the world. Oppor- regulations for labour, with the protection measures would have a tunity based on employability preferences of individual workers negative impact on developing therefore appears to be a key con- and employers being subject to a economies and ultimately also on cept in youth employment policy “common rule” in the interests of the workers themselves, who on a transnational scale, providing both parties and the nation as a would be expelled from the labour a common basis for the design whole. Such regulation is advo- market. and implementation of coordinated cated by the Webbs not by means The creation of employment op- actions between industrial rela- of legislative intervention, but as portunity, linked to the improve- tions actors. an alternative to state intervention ment of human capital, may serve In this connection there is a need in employment relations, by as the key objective for the gov- to underline the central role of means of self-regulation of the ernance of the intermediate industrial relations in building la- market, with particular reliance on phases of economic development. bour market institutions. The ar- collective bargaining as the essen- It may be said that a close match guments developed so far are tial method. In Industrial Democ- between an increase in productiv- based on a fundamental presuppo- racy there are continual refer- ity and an increase in decent em- sition: the presence in the various ences to the regulatory role of col- ployment can be achieved only in labour markets of solid and active lective bargaining, which is seen the medium to long term. In the institutions, with responsibility for not merely as an economic instru- intermediate phases, an increase the governance of economic proc- ment for determining labour con- in productivity, with a shift away esses, ensuring efficiency and eq- ditions, but as a social instrument from labour-intensive systems of uity, in order to give rise to a vir- aimed at furthering the «interests production, can result in a loss of tuous cycle with an increase in of Industrial Peace», and promot- jobs (particularly in low-skilled productivity and an improvement ing «the selection of the most effi- occupations). Investment in hu- in employment opportunities. This cient factors of production, man capital in these circum- point needs to be made in order to whether capital, brains, or la- stances is needed to deal with a respond to possible objections re- bour», while preventing the dete- fall in employment levels that ac- lating to a democratic deficit. rioration of the «capital stock of companies the increase in produc- While irreprehensible in formal the nation», and stimulating «the tivity, enabling workers to acquire terms, such objections are actually invention and adoption of new the skills needed for occupational quite far removed from reality, in processes of manufactures» while mobility, both internal and exter- terms of an interpretation of the eliminating from the market nal. concept of decent work focusing «incompetent or old-fashioned The argument outlined suggests on employment opportunities and

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 not on more tangible aspects such as the quality of employment. In this sense, the shared governance of economic and employment matters by the industrial relations actors (in particular, government, employers, trade unions, training bodies) should be sufficient to safeguard against abuses, such as the failure to distribute to the workers a share of the benefits of increased productivity. It is significant that the argument that industrial relations have a central role to play in strengthening links between productivity and employment is supported by empirical research. As shown in the literature, markets governed by Figure 4 – Rigidity of employment index in sub-Saharan Africa and across region. the social partners tend to be less exposed to the effects of the eco- the prospects for economic pro- above, most states, under pres- nomic cycle, enabling the system gress in developing countries, es- sure from international organisa- to adapt more readily to changing pecially in sub-Saharan Africa. tions, particularly the ILO, have circumstances. More specifically, However, as the analysis in the made extensive use of labour law productivity benefits from a fa- report on Global Employment instruments to safeguard ade- vourable institutional climate, as Trends 2008 shows, «the decent quate levels of decent and produc- shown by the finding that produc- work deficit in the world is still tive employment. tivity tends to be higher in union- enormous. With five out of ten However, on close examination, it ised workplaces. people in the world in vulnerable appears that the adoption of stan- In the following, it is intended to employment situations and four dards at an international level, in examine the hypothesis that the out of ten living with their families terms of minimum working age, problem of youth unemployment in poverty, despite working, the the protection of young people in in all regions of the world, regard- challenges ahead remain daunt- terms of health and safety and less of the level of economic de- ing. dangerous working conditions velopment, depends on the fact Economic progress does not auto- (including regulations on working that the importance of the link matically lead to progress in the hours, night work, and child la- between productivity and human world of work. Active engagement bour), and non-discrimination, capital is underestimated by la- and the proactive decision to put that are the subject of specific bour market institutions, and as a labour market policies at the cen- Conventions and Recommenda- result, there is a lack of a clear tre of growth and macroeconomic tions of the ILO, has not suc- vision on a global and interna- policies are needed to ensure that ceeded in closing the widening gap tional scale of the possible proc- economic progress is inclusive and between the rich countries, that esses to link the education and does not lead to increasing ine- enjoy much higher levels of em- training system to the labour mar- quality. And, only if countries use ployment protection than the ket. their labour markets to make minimum standards laid down by growth inclusive, will their pro- international instruments, and the gress have a real chance of being developing countries, where mini- The traditional labour law ap- sustained». mum standards of protection are proach and its limits in re- As we have seen, there is a broad not applied in an effective man- sponding to the challenges of consensus among politicians, in- ner, in spite of the fact that the youth employment in the ternational institutions and ex- ILO Conventions have been exten- global market perts on the fact that decent em- sively ratified, often merely at a ployment is the only route out of formal level (see According to the analysis in the poverty, and that full and produc- www.fmb.unimore.it, A-Z Index, report on Global Employment tive employment is the right track under the heading Giovani e la- Trends 2008, all the regions of the for economic and social develop- voro, for an overview of the con- world are now more closely inte- ment. The controversy is about ventions and recommendations grated and stronger than in the the practical means to achieve this relevant to work and young per- past. Even the poorest regions are strategic objective. sons of the ILO and the significant more integrated into international Alongside mainstreaming strate- number of formal ratifications). markets, with a significant impact gies, the open method of coordi- Mention should be made, in this on their labour markets. This is nation, and management by ob- connection, of the attention paid why many researchers and politi- jectives, that may be seen as vari- both in the political debate and cal leaders are optimistic about ous forms of soft law, as discussed among labour law scholars to the

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 issue of corporate social responsi- cal, economic and social objec- also failed to produce positive re- bility, that places the emphasis on tives, is in marked contrast to the sults. In general these schemes the adoption of measures by em- view of labour law as a means of provide for a reduced level of con- ployers on a voluntary basis, high- protecting the “weaker party” and tributions, tax relief, and employ- lighting the fact that in certain in general the worker as a person ment conditions that are more economic and productive contexts in salaried employment. favourable to the employer (for in the developing countries there This brief overview undoubtedly example, allowing for easier ter- is a lack of regulatory authority runs the risk of oversimplifying mination procedures) as incentives capable of ensuring compliance complex phenomena that have for enterprises prepared to hire with employment standards. developed over a century of labour young workers, or alternatively For a European observer, it is re- law history, and that are beyond they consist of job creation pro- markable to note the strong con- the scope of the present study. grammes (socially useful work, trast in the sub-Saharan countries However, it does provide insight temporary public-sector jobs). between highly rigid provisions at into traditional labour law theory, A number of studies, focusing on a formal level, among the most in which the worker is seen pri- active labour market policies in rigid in the comparative panorama marily as the weaker party in the the OECD area (J. Gautiè, Promot- (Figure 4. For further reference employment relationship, whereas ing Employment For Youth. A see I. Senatori, M. Tiraboschi (a in the alternative view incentives European Perspective, in OECD, cura di), Lavoro: il peso della re- should be provided with a view to Preparing Youth for the 21st Cen- golazione, Dossier Adapt, 2007, n. improving the position of the tury. The Transition from Educa- 33), and a hidden economy and worker in the labour market, pro- tion to the Labour Market, Paris, widespread poverty that are moting employment prospects in 1999; P. Ryan, The School-to- probably without equal in the rest general. Work Transition. A Cross-National of the world. The traditional approach to labour Perspective, in Journal of Eco- On close examination, the lack of law has been strengthened by leg- nomic Literature, March 2001, vol. effectiveness of the legal provi- islative measures (especially in 39, 1), have come to fairly nega- sions can be explained by the lim- continental European countries) tive conclusions about these poli- its of traditional labour law as a that have tended to provide an cies, suggesting that in general unilateral method of employment excessive level of employment they do not play a useful role in protection for a party in the em- protection, protecting existing jobs promoting greater social justice, in ployment relationship, character- rather than promoting employabil- the sense of improving the em- ised by a lack of social protection ity on the market. The general ployment prospects of those with and by economic dependence. negation of market forces, due to a low level of employability. This conception of labour law the rigid constraints imposed by In many cases they do not seem tends to be accompanied by an the legislator and by collective to benefit those taking part, as interpretation that places the em- bargaining, reducing the effects of upon completion of the scheme phasis on repressive legal meas- negotiation between the parties in they seek to make the transition ures (M. Weiss, Realising Decent the setting up, management and to the regular employment market Work in Africa, Keynote Speech at termination of the employment carrying the stigma of having the Opening Ceremony of the Fifth relation, has had a generally taken part in a job creation African Regional Congress of the negative impact on measures for scheme, that may have a negative IIRA in Cape Town, 26 March the protection of (salaried) em- impact on an assessment of their 2008). An alternative conception ployment other than the consoli- capabilities on the part of a poten- of labour law, placing the empha- dation of the individual worker in tial employer, who is more likely sis on the promotion of good prac- existing jobs. to hire them in a low-paid posi- tice, and discouraging employers In addition, according to many tion. from engaging in practices that labour law scholars, the schemes The negative effects of these sup- are harmful to the interests of the providing incentives for youth em- port measures appear to extend employees, in keeping with politi- ployment of various kinds have even to those not taking part in

Diritto delle Relazioni Industriali

Alcune delle relazioni e dei contributi maturati nell’ambito del Congresso organizzato dall’Associazione Internazionale di Relazioni Industriali, a Città del Capo dal 26 al 28 marzo 2008, saranno pubblicate in una sezione monografica di ricerche sul fascicolo n. 3/2008 della rivista Diritto delle Relazioni Industriali. Si segnalano in particolare i contributi di Manfred Weiss, «Lavoro decente»: prospettive di sviluppo e realizzazione nelle regioni africane, Iacopo Senatori, Michele Tiraboschi, La sfida dell’occupazione giovanile nel mercato globale tra produttività e investimento in capitale umano, e di Johann Maree, «Lavoro decente» e piena occupazione: le sfide del mercato del lavoro africano.

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 these schemes, and to the labour gional Office for Africa of the In- govern the system as a whole. It market as a whole. As well as ternational Labour Organization, should come as no surprise that negative consequences for the «although the aggregate re- such an approach, though capable beneficiaries, who are officially sources that are being invested in of going some way towards deal- labelled as hard to employ, «an the plethora of small-scale ing with an emergency, does not adverse effect can result from the schemes are significant, their im- produce lasting benefits. This is fact that, by targeting a measure pact is barely visi- particularly the case when job according to a characteristic that ble» (International Labour Organi- creation schemes are used as an is readily identifiable by employers zation – Regional Office for Africa, alternative to the modernisation of (age, level of qualification, nation- It is High Time to Rethink – Youth labour law, to offset the rigidities ality, duration of unemployment, Employment in 2008, Addis and inefficiencies of labour law etc.), all the individuals who have Ababa, January 2008). provisions, rather than responding that characteristic are stigmatised In the international and compara- to the need for real social justice regardless of whether they are tive perspective, the number of (that is to say, not just on paper). participating in the programme or schemes in favour of young peo- not. The fact that they are tar- ple, at least in sub-Saharan Africa, geted by special programmes im- is rather small compared to other A different legal, institutional plies that they are less employ- regions of the world, amounting to and industrial relations per- able» (J. Gautiè, Promoting Em- just 3% (Figure 5). spective: forward planning and ployment For Youth. A European However, it is still the case that, the school-to-work transition Perspective, cit., 410). as shown in a well-documented based on a modern conception In labour market terms, even in survey carried out by the World of education and vocational the presence of an overall im- Bank, which examined 29 training provement in employment figures, schemes in 17 countries for pro- the added value of a job creation moting employment and access to In the light of the above discus- scheme may turn out to be more the labour market for young peo- sion, there is a need to underline apparent than real, with a dis- ple in sub-Saharan Africa, it is the fact that the perspective that placement effect, at times associ- only in rare and exceptional cases we advocate in this study is not ated with certain forms of dis- that these schemes are imple- one of a simple deregulation of crimination: «the firm would have mented with a sufficient degree of labour markets. created the job anyway and would monitoring to be able to identify Recent studies have shown that in have filled it with somebody with successful outcomes. As a result, the debate on deregulation, fol- the same profile as the benefici- in the absence of adequate lowing on from major develop- ary, or [...] the firm would have evaluation, in the case of the most ments in the English-speaking created the job but because the programmes it is almost impossi- countries and the authoritative programme existed filled it with ble to assess the quality and the recommendations over the past somebody with a profile different real impact of these schemes. decade of the OECD, there is a from that of the person they In our opinion, and with a view to tendency to confuse employment would have otherwise hired, for promoting a school-to-work transi- policies and labour policies, that example, a young person instead tion perspective, a realistic expla- are taken to be one and the same of an adult» (J. Gautiè, Promoting nation of the dysfunctional trends thing (M. Biagi, M. Tiraboschi, The Employment For Youth. A Euro- outlined above could be that job Role of Labour Law in Job Creation pean Perspective, cit., 410). creation schemes are set up when Policies: an Italian Perspective, in Also in developing countries, the problem has reached a critical M. Biagi (ed.), Job Creation and where the impact of normative stage, without examining the fac- Labour Law, Kluwer Law Interna- measures and the level of employ- tors giving rise to it. In other tional, The Hague, 2000, 179- ment protection is much lower, words, these schemes are patchy 193). Once the two concepts are the effectiveness of traditional job in their application, at times in confused, there appears to be an creation schemes has been called response to pressure from specific inevitable connection between into question. As noted by the Re- groups, rather than an attempt to high levels of unemployment (especially youth unemployment) and labour protection. In the same vein, simplistic claims are made OECD that the opposite is also the case: 23% lower unemployment levels in the Latin America & the Caribbean United States, the United King-

Europe & Central Asia dom, Australia and New Zealand 16 % are usually explained in the light 58% Sub-Saharan Africa of neo-liberal ideas. 3% 0% The expressions “employment South & East Asia & the Pacific policies” and “labour policies” actually refer to two profoundly different concepts. Employment poli- Figure 5 – Coverage of the inventory in net impact evaluations and cost-benefit cies are intended to increase em- analyses by region

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 ployment levels in a given socio- in relation to future research, is not be capable of generating truly economic system, and to achieve that of the modernisation and re- effective solutions. this objective, they operate at an- thinking of labour law legislation, The need of “tailor-made regula- other level in relation to the regu- adopting a less formalistic ap- tions” should also be taken into lation of labour, by means of proach, and assigning a larger role account, as for those categories of measures such as tax and contri- to industrial relations in order to workers who «fall outside the pat- butions relief, credit and capital provide a structural solution to the tern of the traditional employment markets, investment in infrastruc- problem of youth unemployment. relationship in a strict sense» (M. ture, the reform of public spending It would appear to be far more Weiss, Realising Decent Work in and, of particular interest for the important to promote the reform Africa, cit.). In this perspective, present study, investment in hu- of education and vocational train- more fluid and negotiated regula- man capital and the modernisation ing, and to improve the function- tory processes, based on the ac- of education and training systems. ing of the bodies intended to pro- tive participation of the labour Labour policies, on the other hand, mote the employability of young market actors, might well be bet- are intended to promote jobs for people, by means of networks, ter suited to the coordination of certain groups (the long-term un- whether formal or informal, be- policies, that is essential in dealing employed, those not in employ- tween international and local insti- with an issue, youth employment, ment, workers lacking the skills tutions, educational and training concerning every state and region required by the market, immi- bodies, employers’ associations, of the world, since in this connec- grants, women, young people) by undertakings or trade unions. In tion, no region is immune from means of employment services, this connection particular attention external pressures. schemes providing for alternation needs to be paid to the alternation However, in terms of content, between training and work, the of periods of school and work, and there is a need to focus more elimination of barriers to access to especially apprenticeship schemes, closely on the objectives of the and exit from the labour market, as well as institutional mecha- policies to adopt, that is the areas as well as the various kinds of job nisms aimed at promoting the in which there is a need for inci- creation mentioned above. As a placement of students and the sive action to deal with the struc- result, they do not have an impact transition from education to em- tural problems that prevent the on total employment levels, ex- ployment. As shown in the Ger- qualitative and quantitative growth cept to a marginal extent, but man and Japanese experience, of youth employment. These ele- have an effect mainly on the dura- «labor market programs come and ments, in line with the role as- tion and above all on the distribu- go. Institutions develop, adapt signed to productivity as the key tion of unemployment among dif- and, for the most, endure» (P. to decent work, may be linked to ferent groups. Ryan, The School-To-Work transi- two principles: employability and The most recent empirical studies tion. A Cross-National Perspective, stability. The first means that the have provided econometric evi- cit., esp. § 8). individual is capable of playing a dence showing the lack of a clear Once again, this leads to the argu- role on the labour market thanks correlation, in terms of cause and ment about human capital, which to adequate cultural, vocational effect, between levels of employ- has so far been assigned a mar- and social skills, dealing in a confi- ment protection and levels of un- ginal role both by employment dent manner with transitional employment. The OECD, which protection measures and by meas- phases as they occur. The objec- over the past decade has advo- ures providing incentives. The fail- tive of stability is linked to the cated a neo-liberal approach to ure of job creation schemes and concept of productivity and the labour market policy, has come to employment protection measures level of turnover prevalent in the the conclusion that many re- based on non-negotiable condi- workforce of an enterprise. If searchers have reached, that the tions to produce the desired re- there is any truth in the claim in regulation of employment relations sults provides reason to conceive the World Employment Report and the introduction of greater of the global governance of youth 2004/05 of the ILO, that «there is flexibility in the regulation of the employment in a perspective of substantial evidence that stability workforce can, in the best possible productivity and the workforce of employment (tenure) is posi- case, contribute to creating the employability. tively related to productivity preconditions required to make It is important to identify regula- gains», the stability of the rela- employment policy effective. tory techniques that are innova- tionship between the employer The outcome of the current debate tive both in terms of method and and the employee should be safe- on deregulation is that it would be content. From the point of view of guarded not so much by limits on pointless to sacrifice labour law on method, there is a need to take termination, but rather by placing the altar of employment. It there- account of the limits of traditional an emphasis, at the hiring stage, fore appears to make no sense to techniques imposing norms from on matching the skills of job appli- assign to labour policy in the strict outside the employment relation- cants to job descriptions. sense an ambitious role that it is ship, that are not necessarily ca- In this perspective, a central role not capable of performing, espe- pable of dealing with all the inter- is played by the school-to-work cially the creation of new employ- ests of the parties, nor of keeping transition, in particular the role it ment of good quality. up to date with changes taking has played in the economic and Rather, the route to be taken, also place, and as a result they may sociological analysis so far as an

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 essential tool for gaining a better both method and content, estab- hand they are the actors who are understanding of the problems of lishing a clear connection not just best placed to interpret the em- labour market entrants. This con- in theoretical but also in practical ployment needs in a given eco- cept, that it is proposed to use in and operational terms between nomic situation; on and on the a systematic manner also in the education, training and the labour other hand because they play an study of labour law and industrial market. In terms of content, this essential role in monitoring and relations, is particularly important concept enables us to focus atten- safeguarding the workforce as it «draws together in a common tion on shortcomings in the against irregular practices (to pre- arena a previously disparate set of “accumulation” of human capital in vent training schemes from being issues in such areas as vocational the phases leading up to entry into used solely as a means to supply education and training, youth un- the labour market. The key issues low-cost labour, or as a means to employment, and wage structure. here are asymmetrical information replace adult workers with young It does so by emphasising process and the mismatch between the people prepared to work for low attributes, as individuals flow from supply and demand for labour, wages). This could lead to a new full-time schooling to full-time resulting in unemployment, under- concept of education and training, permanent employment, through employment and low-quality em- no longer considered as a self- various intermediate conditions, ployment. Investing in productivity referential world of its own, but including vocational education and is the key to employment of good rather as a resource closely linked apprenticeship, fixed-term and quality and means rethinking to the world of work. part-time employment, and labour regulatory instruments (such as In order for such a system to de- market programmes» (P. Ryan, employment contracts), and per- velop, it is necessary in an indus- The School-to-Work transition. A haps also the principles underlying trial relations perspective for the Cross-National Perspective, cit.). training and the interpretation of actors to engage in a more deci- The ILO has itself used this con- rules, with a view to improving the sive manner in the design and im- cept in a close examination of cer- match between the supply and plementation of education and tain youth employment indicators: demand for labour. training in line with the needs of the length of the transition from In terms of method, the concept the global labour market, setting education and training to employ- of the school-to-work transition up networks and alliances with ment, the age of those entering gives rise to the need for a highly institutions and bodies in other the labour market, occupational institutionalised regulatory ap- countries, engaging in forward status, the relation between the proach, not based on conditions planning with a view to problem level of educational attainment imposed by an external authority, solving. In order to achieve this, and the position taken up in the but on the participation of all the the social partners must take play labour market, income levels, em- stakeholders (the public authori- a part in dealing with the school- ployment sector, and gender ine- ties, the social partners, education to-work transition, integrating the quality. and training institutions). Only a formal system of education and At this point there is a need to strong institutional structure, in- training, as a unified system of complete the process, closing the cluding all these actors, can equivalent standing (with the op- gap between education, training strengthen the links between the tion of taking interchangeable pro- and the labour market. Applied to various phases of the transition. grammes of education to training the problem of youth unemploy- These links are the essential con- from the secondary level onwards) ment and the quality and produc- dition for the development of hu- with the labour market (Figure 6) tivity of labour, the concept of the man capital, leading to increased rather than maintaining the tradi- school-to-work transition makes productivity and decent employ- tional division between education possible innovation in terms of ment. This is because on the one and the labour market (Figure 7). The importance of this pathway becomes evident only when taking account of the fact that many studies have concluded that the impact of interventions on future employment outcomes of disad- vantaged young people diminish with age. In other words, as re- cently pointed out by the World Bank in a major study on policies intended to support employment in sub-Saharan Africa, «addressing potential problems early has a greater return than when young people have left formal education». Also the OECD, in reviewing the evidence, has concluded that «the evidence from Table 3 – Summary rating of quality of evaluation by category of intervention. the evaluation literature suggests

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 the biggest pay-off for disadvan- taged youths comes from early DETERMINANTS OF HUMAN CAPITAL ACCUMULATION and sustained interventions. Such interventions should begin before children enter the compulsory Primary schooling system, and they should Education School-to-work Transition be followed by intensive efforts to School-to-work Transition - Vocational Educa- boost their performance in pri- tion and training mary and secondary schooling and - Skills Develop- Secondary Education ment reduce drop-out rates». - Apprenticeship (high level) It is not clear why, after recognis- - Active labour ing that «any policy advice on ad- market polices dressing youth employment problems should emphasize that pre- - Vocational Educa- vention is more effective than cur- tion and training Tertiary Education - Skills Develop- ing», legal scholars in general ment have not developed a unitary ap- - Apprenticeship (high level) proach to the relation between - Active labour market polices education and training and the labour market in a global perspective. It may perhaps be explained Figure 6 – Human capital and the labour market: our proposal. by the lack of interdisciplinary study bringing together, in a unified conceptual scheme, the vari- and vocational training, in a years for Europe and the Ameri- ous specific disciplinary compe- school-to-work perspective, as cas. Moreover, «according to hu- tences. well as representing a step to- man capital theory, the education However, it is only by means of a wards a solution to the problems acquired by a young person will be reconsideration on the part of the of youth unemployment, might remunerated in terms of earnings, institutions and the social partners make it possible to narrow the gap with higher wages reflecting of education and training path- in education and training between higher productivity resulting from ways that a realistic integration developed and developing coun- more advanced levels of educa- with the world of work can be tries, bearing in mind that the ex- tion. Education will also determine achieved in order to respond to pected duration of primary and the ability to participate in the la- the challenges of globalisation. An secondary schooling is only 7.5 bour force, not just the level of integrated system of education years in Africa compared with 12 wages». In addition, for developing countries and the African countries in particular, the crucial FORMAL EDUCATION problem is to provide primary education for all. It seems to be unre- alistic to maintain a formal tradi- Determinants of Human Capital Primary tional system for secondary and Accumulation Education tertiary education when in a significant number of cases, the primary level is not completed. In Secondary Ex-ante policies Education this connection international experience provides a number of good practices that could be a

Tertiary suitable basis for experimental Education schemes in developing countries: 1) a broadening of vocational programmes and qualifications (e.g. a

School-to-work broad construction trades programme rather than separate pro- Training and grammes in carpentry, painting ALMPs and bricklaying); 2) the creation Ex-post policies of links between general and vo- UNEMP EMP cational education, and the combination of work-based learning with continuing school education (e.g. OLF vocational options within upper secondary education, more gen- LABOUR MARKET eral education content within vocational training, and a modular Figure 7 – Human capital and the labour market: the traditional pathways. approach to general education and

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 vocational training courses, making and the world of work, by manner have rates of youth un- ing it possible to combine modules strengthening placement services employment in line with those of from both); 3) the creation of and training schemes with an al- the adult population, suggesting a pathways from secondary voca- ternation of school and work, will link between apprenticeship tional education into tertiary edu- enable us to deal in global and schemes and stable employment cation, consisting of “dual qualifi- pragmatic terms with youth em- of good quality. cation” pathways (qualifying the ployment and balanced develop- Recent experience in countries individual either to start work with ment of human capital in all areas such as Turkey, Malaysia and technical expertise or to continue of the globe. Clearly this perspec- Egypt – but also Uganda, Zambia into tertiary education) in Austria, tive brings to mind the countries and Kenya – shows that, with suit- the Czech Republic and Hungary, with a dual system (Austria, Den- able adaptation, the chances of and supplementary examinations mark, Germany and Switzerland) success are considerable. At the and courses taken in parallel with that have relatively low youth un- same time, traditional vocational or after vocational training qualifi- employment rates and in which training schemes, as well as being cations, as in Australia, Austria, young people make the transition particularly costly, have not been Switzerland and Norway. from school to apprenticeships, able to respond to the need for As highlighted by the OECD, a while they continue to spend one decent work of good quality, nor wide variety of models exist for or two days a week in education. to the need for developing coun- school-based workplace experi- It is well known that in countries tries to invest in human capital by ence, ranging from unpaid work such as Austria and Germany ap- providing training for specific oc- experience while still at school, to prenticeship systems are built on cupations. There is a need to de- arrangements that combine several mutually dependent fea- vise alternatives to traditional ap- schooling with half-day, or one- tures. Apprenticeship wages are prenticeship schemes. However, it trimester-per-year, paid work. low (initially about one-third of remains essential, in order to re- There is some evidence that adult rates, rising to one-half in spond to the challenges of global- school-based workplace experi- the final year), which makes ap- isation, to rethink traditional sys- ence has a positive impact on later prenticeships attractive to employ- tems of education and training, labour market outcomes: some ers. Apprenticeship qualifications that can no longer be designed studies also suggest relatively have a high value in the labour and implemented in a self- good outcomes for students who market, and this makes appren- referential manner, without strong take part-time or holiday jobs. It ticeships attractive to young peo- links with the social partners and is well-known that youth outcomes ple and their parents. And the in- the labour market. Rather, the are generally good in countries stitutional basis for these systems combination of practical training like Germany and Denmark where is provided by strong and compre- with additional theoretical training a substantial proportion of young hensive industrial employer asso- will increase the qualifications of people enter work through ap- ciations and industrial unions, the trainees, and by meeting the prenticeships that, in dual sys- which define apprenticeship quali- needs of enterprises and employ- tems, provide an invaluable bridge fications and seek to maintain ers, improve access to decent em- between school and work. What their value in the labour market. ployment. these arrangements have in com- Hence the strategic role not only As underlined by recent studies, mon is the benefit derived from and not so much of public bodies, «skills acquired in enterprises are contact with the world of work that can provide financial support mostly demand-driven as they during education and training. for these schemes, but above all respond to the needs of the enter- Measures can be taken to imple- for the actors in the industrial re- prises for qualified workers. Young ment a major renewal of the sys- lations system, who have a deci- women and men that have gained tems of education and training sive role to play in these schemes working experience during training that have so far been considered providing for an alternation be- in enterprises have a good chance as two distinct spheres, and for tween work and training. to be employed by the company this reason studied by separate As shown by the disappointing that provided the training or by research groups that are not in results achieved by attempts to other companies working in similar communication with each other. In support apprenticeship schemes in branches. They are also much bet- most countries, young people are the countries of sub-Saharan Af- ter prepared to start their own educated at school and then enter rica, there is certainly a complex business [...]. This approach will the labour market, and the transi- problem relating to the transposi- also have an impact on the pro- tion from school to work is merely tion of schemes from one country ductivity of the enterprise and the sequential. A modern vision of to another, that is well known to quality of the products and ser- relations between education, comparative law scholars, particu- vices sold. At medium term, the training and socio-economic devel- larly in relation to apprenticeships competitiveness of the small en- opment calls for the design and that derive their strength from terprise sector will increase and implementation of policies and particular characteristics that are create more and better jobs. It is actions that take account not only typical of the national systems in also expected that improved skills of the demand for labour, but also which they operate. It is however and managerial capacity of the of the quality of the supply. Only a the case that only countries that workforce in small enterprises, real link between education, train- use this instrument in an adequate matched with a better insertion in

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008 market niches with higher value tant objective), and calls for the be noted that recent international added and demand for labour will, involvement of international or- economic studies (The World jointly, lead to a sustainable ex- ganisations and networks of social Bank, Migration and Remittances pansion of the small enterprise actors at international and local Factbook 2008, Washington, sector». level in taking a series of initia- 2008; Organisation for Economic Our proposal goes well beyond tives with a global dimension. Co-operation and Development, reforming education and training This includes making provision for International Migration Outlook – programmes at national level the exchange of students, with Edition 2007, Paris, 2007) have (though this is clearly an impor- movement from the developing to highlighted the fact that the tem- the developed countries, in pro- porary loss of human capital and grammes designed at local level skilled workers does not necessar- together with the institutions and ily have a negative impact on the the social partners in the various country of origin, but can serve as Bollettino speciale countries in order to meet training a step towards attracting capital Adapt needs. and know-how and for the devel- Adapt In the new economy the main opment of trade between the source of the wealth of nations is country of origin and the devel- their endowment of human capi- oped countries. Il Testo Unico tal. Indeed, human capital is the Today, in an increasingly global della salute key factor for growth and develop- labour market, it may be argued ment, and the engine for change. that provided it is properly gov- e sicurezza nei From this point of view, compared erned, the outflow of young mi- luoghi di lavoro to the European countries and the grants to the developed world can other western nations with a rapid lead to a number of benefits for 11 marzo 2008, n. 4 ageing population, the African na- both receiving and sending coun- tions are endowed with enormous tries. Suffice it to consider the his- a cura di Annamaria Antonucci, Paola De Vita, Maria Giovannone wealth. In order to avoid wasting torical experience of many Euro- this precious resource, there is a pean countries, which after a long Lo schema di decreto legislativo need to manage it not simply by period of mass emigration, began approvato lo scorso giovedì dal means of legal regulation that to attract migrants from other Consiglio dei Ministri dà may or may not produce results, countries, having benefited from attuazione all’articolo 1 della but above all, in line with develop- migratory movements in the past. legge 3 agosto 2007, n. 123, e ments in many Asian economies in Clearly, the solution that is pro- dovrebbe divenire, una volta recent years, by means of a re- posed is not for the short term, approvato in via definitiva, il Testo Unico in materia di salute form of the education and training nor is it easy to implement, but e sicurezza di cui si discute da systems on a global scale that requires a considerable effort on oltre un decennio. should be entrusted to the social the part of education and training, partners. labour market and industrial rela- L’iter prevede ora il passaggio The active governance of this sys- tions actors, and there appears to dello schema di decreto presso le Commissioni parlamentari e tem could provide young people in be a lack of valid alternatives. soprattutto presso la Conferenza Africa and other developing coun- There is an awareness among pol- Stato-Regioni che con i suoi tries with a realistic alternative to icy-makers «that productive em- rilievi aveva indotto il Governo al unemployment, work in the hid- ployment for young people cannot ritiro, nel corso della precedente den economy and migration as be achieved and sustained legislatura, dello schema di undocumented workers. This through isolated and fragmented decreto allora presentato. would require the training pro- measures». Dopo questi due passaggi il vided in the country of origin to Rather it requires long-term, co- decreto tornerà al Consiglio dei Ministri per l'approvazione meet the needs of the labour mar- herent and concerted action over definitiva. ket in the most advanced coun- a combination of economic and tries, where there is a shortage of social policies (e.g. modernisation In Bollettino Adapt in edizione skilled workers. Alongside the of labour legislation, labour mar- speciale, a cura di Annamaria modernisation of apprenticeship ket information, career guidance, Antonucci, Paola De Vita, Maria Giovannone, sono pubblicati, schemes, a decisive role can be education and training for employ- accanto allo schema di decreto e played in developing countries by ability in a global workplace). a materiali di documentazione e career guidance services, that The school-to-work transition, approfondimento, alcuni need to be set up inside schools from this point of view, appears to interventi volti a proporre spunti and universities, with the mutual be the most favourable perspec- di riflessione e dibattito sulla recognition of vocational qualifica- tive in which to work and invest in riorganizzazione, prospettata nel tions. order to achieve structural results, Testo Unico in corso di Bearing in mind that for many of dealing with the fragile growth of emanazione, degli strumenti predisposti dall’ordinamento per these young people there is no many of the African countries, tutelare la salute e la sicurezza real alternative to migration, as while respecting the reciprocal dei lavoratori. there is a lack of employment in interests of all the regions and their country of origin, it should economies of the global market.

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Final remarks: the theoretical translation, Il principio essenziale traditional protective function of implications of our proposal in e il teorema fondamentale delle labour law, but simply to highlight terms of future developments relazioni industriali, was published the fact that labour law concerns in the study of labour law and in Diritto delle Relazioni Industri- matters of production more than industrial relations ali, 2006, no. 4), points to the income distribution, in the sense need to considerable extend its that a lack of growth and develop- Clearly the perspective outlined in field of observation beyond trade ment tends to have a negative the present study requires more union issues in order to cover all impact on the potential of the la- in-depth analysis and field work. the issues arising from labour re- bour market and worker protec- However, in concluding this pre- lations. This development appears tion. This confirms the decisive liminary study, it may be said that to be essential, if we are to avoid importance of the method of in- the school-to-work transition can running the risk of increasingly dustrial relations, since no better make a significant contribution to marginalising industrial relations instrument has yet been invented recent strands of research that call in the context of the free market. for conciliating the protection of for a theoretical reformulation of An important contribution in this workers with the need for com- labour law and industrial relations. direction could come from the pro- petitiveness on the part of enter- Although the present study is in- posal put forward in the present prises. tended to be innovative, and is in study, to govern the dynamics of need of further development, in the supply and demand for labour Michele Tiraboschi theoretical terms it is in line with by strengthening links on a global Director, certain recent proposals by legal scale between education and School for Advanced Studies in scholars aimed at extending and training, and the labour market as Industrial and Labour Relations modifying the frame of reference a more effective and more realistic Adapt – Marco Biagi Foundation of the study of labour law and in- solution compared to a regulatory University of Modena dustrial relations, in order to en- (or deregulatory) perspective, that and Reggio Emilia sure that it continues to play a is becoming weaker and less ef- significant role, in spite of interna- fective due to the loss of sover- Iacopo Senatori tional trends that are tending to eignty on the part of nation states Senior Researcher, marginalise these disciplinary in the governance of the labour Marco Biagi Foundation fields. Mention should be made of market. In this connection it is not University of Modena the strand of legal research calling intended to turn away from the and Reggio Emilia for labour law to be recast as «the law of labour market regulation» (C. Arup, P. Gahan, J. Howe, R. Mitchell, A. O’Donnell, Labour I Dossier ADAPT-CSMB Law and Labour Market Regula- I Dossier ADAPT-CSMB tions, The Federation Press, An- nandale, 2006, esp. the introduc- tory chapter), highlighting the fact Gli ultimi numeri that the dominant paradigm of labour law in the late twentieth century was lacking in 14 marzo 2008, n. 3 «explanatory and normative I diritti del lavoratore affetto da power» in relation to the changing patologie oncologiche nature of the labour market (both a cura di Rosa Rubino, Isabella Spanò, Chiara within the enterprise and on a Todeschini wider scale), in relation to new economic theories concerning the labour market and its institutions, and to the major changes in soci- ety arising from the globalisation 3 marzo 2008, n. 2 of the economy and the markets. Occupazione femminile: una leva per la competitività In this connection, mention should a cura di Fiorella Kostoris, Alessandra Servidori, Marina Bettoni be made of the recent strand of labour law theory which, reflecting Allegato al Dossier: Le politiche per la donna nel on the original paradigm of labour mercato del lavoro italiano relations, as developed at the be- a cura di Fiorella Kostoris ginning of the twentieth century (B. Kaufman, The Core Principle and Fundamental Theorem of In- dustrial Relations, in International Journal of Comparative Labour Al sito www.fmb.unimore.it l’archivio completo dal 2006 a oggi Law and Industrial Relations, 2007, vol. 23, no. 1. An italian

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Bibliografia J. Gautiè, Promoting Employment For Youth. A Euro- pean Perspective, in OECD, Preparing Youth for the K. Annan, A Global Alliance for Youtgh Employment: 21st Century. The Transition from Education to the Reccomendations to the High-Level Panel on Youth Labour Market, Paris, 1999. Employment, speech at the Millennium Assembly, J. Grierson, Enterprise-based Training in Africa. Case 27th May 2004. Studies from Kenya and Zambia, ILO/ITC, Turin, J. Arbache, D.S. Go, J. Page, Is Africa’s Economy at a 2002. Turning Point?, The World Bank – Africa Region, Pol- J.J. Heckman, L. Lochner, Rethinking Education and icy Research Working Paper No. 4519, February Training Policy. Understanding the Sources of Skill 2008. Formation in a Modern Economy, in S. Danziger, J. P. Arena (ed.), The corporate social responsibility: Waldforgel (eds.), Securing the Future. Investing in scientific development and implementation, Rome, Children from Birth to Adulthood, Russell Sage Foun- 2006. dation, New York, 2000. M. Aring, M. Axmann, Why Developing Countries International Labour Organization, Global Employ- Need a School-to-Work System, Now More Then ment Trends 2008, Geneva, 2008. Ever, RTI International, 2004. International Labour Organization, IPEC action C. Arup, P. Gahan, J. Howe, R. Mitchell, A. O’Donnell, against child labour 2006-2007 – Progress and future Labour Law and Labour Market Regulations, The Fed- priorities, Geneva, 2008. eration Press, Annandale, 2006. International Labour Organization – Regional Office M. Axmann, Facilitating Labour Market Entry for for Africa, It is High Time to Rethink. Youth Employ- Youth through Entreprise-Based Schemes in Voca- ment in 2008, Addis Ababa, January 2008. tional Education and Training and Skills Develop- International Labour Organization, Conclusions of the ment, ILO – SEED Working Paper, 2004, no. 48. 11th African Regional Meeting, 2007. J. Berg, D. Kucera, In defence of labour market insti- International Labour Organization, Global Employ- tutions. Cultivating justice in the developing world, ment Trends for Youth 2006, Geneva, 2006. ILO, Geneva, 2007. International Labour Organization, Regional Labour G. Betcherman, M. Godfrey, S. Puerto, F. Rother, A. Market Trends for Youth. Africa, ILO Youth Employ- Stavreska, A Review of Interventions to Support ment Programme, September 2006. Young Workers. Findings of the Youth Employment International Labour Organization, World Employ- Inventory, The World Bank, SP Discussion Paper, ment Report 2004/2005, Geneva, 2006. October 2007, no. 715. International Labour Organization, Youth Employ- M. Biagi, M. Tiraboschi, The Role of Labour Law in ment. From a National Challenge to a Global Devel- Job Creation Policies: an Italian Perspective, in M. opment Goal – Background paper contributed by the Biagi (ed.), Job Creation and Labour Law, Kluwer ILO to the G8 Labour and Employment Ministers’ Law International, The Hague, 2000. Conference, Geneva-Turin, 2006. S.E. Black, L.M. Lynch, What’s driving the new econ- International Labour Organization, Resolution on de- omy? The benefits of workplace innovation, in The cent work for youth in Africa and the ILO response, Economic Journal, 2005. Document GB289/5, Governing Body, 289th Session, R. Blanpain, The End of Labour Law?, in R. Blanpain., Geneva, March 2005. M. Tiraboschi (eds.), The Global Labour Market. From A.L. Kalleberg, Nonstandard Employment Relations. Globalization to Flexicurity, Kluwer Law International, Part-Time, Temporary and Contract Work, in Annual The Hague, 2008. Review of Sociology, 2000, vol. 26. A.L. Booth, M. Francesconi, J. Frank, Temporary B. Kaufman, The Core Principle and Fundamental Jobs. Stepping Stones or Dead Ends?, In The Eco- Theorem of Industrial Relations, in International nomic Journal, vol. 112, 2002. Journal of Comparative Labour Law and Industrial J.D. Combrexelle, H. Lanouzière, Les enjeux de la Relations, 2007, vol. 23, no. 1. recodification du Code du travail, in Droit Social, M. Lansky, Child Labour. How the Challenge is Being 2007, no. 5. met, in International Labour Review, vol. 136, no. 2, F. Docquier, Brain Drain and Inequality Across Na- 1997. tion, IZA Discussion Paper, November 2006, no. C. López-Monís de Cavo, El papel de la OIT y las 2440. normas internacionales de trabajo, in W. Sanguinetti European Commission, Modernising labour law to Raymond, A. García Laso (eds.), Globalización meet the challenges of the 21st Century, COM(2006) economica e relaciones laborales, Ediciones 708 final, 2006. Universidad de Salamanca, Salamanca, 2003. European Commission, Outcome of the Public Con- I. Malmberg -Heimonen, I. Jukunen, Out of Unem- sultation on the Commission’s Green Paper ployment? A Comparative Analysis of the Risk and «Modernising labour law to meet the challenges of Opportunities Longer-term Unemplyed Immigrant the 21st century», SEC(2007)1373, 2007. Youth Face when Entering the labour Market, in Jour- E. Garces, D. Thomas, J. Currie, Longer-term Effects nal of Youth Studies, 2006, vol. 9, no. 5. of Head Start, NBER Working Paper, 2000, no. 8054. O. Marchand, Youth Unemployment in OECD Coun- P. Garonna, P. Ryan, The Regulation and Deregula- tries. How Can the Disparities Be Explained?, in tion of Youth Economic Activity, in P. Ryan, P. Ga- OECD, Preparing Youth for the 21st Century – The ronna, P. Edwards (eds.), The Problem of Youth, Transition from Education to the labour Market, MacMillan, London, 1991. Paris, 1999.

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008

J. Martin, D. Grubb, What Works and for Whom. A 1926 (1897). Review of OECD Countries’ Experiences with Active M. Weiss, Realising Decent Work in Africa, Keynote Labour Market Policies, IFAU Working Paper, 2001, Speech at the Opening Ceremony of the Fifth African no. 14. Regional Congress of the IIRA in Cape Town, 26 Organisation for Economic Co-operation and Devel- March 2008. opment, China’s Labour Market and Proactive Em- P. Wickramasekara, Policy Responses to Skilled Mi- ployment Policy, Paris, 2007. gration. Retention, Return and Circulation, ILO, Ge- Organisation for Economic Co-operation and Devel- neva, 2003. opment, International Migration Outlook – Edition S. Yusuf, K. Nabeshima (eds.), How universities pro- 2007, Paris, 2007. mote economic growth, The World Bank, Washing- Organisation for Economic Co-operation and Devel- ton, 2007. opment, Employment Outlook 2002, Paris, 2002. Organisation for Economic Co-operation and Devel- opment, Employment Outlook, Paris, 1999. Organisation for Economic Co-operation and Devel- opment, Preparing Youth for the 21st Century. The Transition from Education to the Labour Market, Paris, 1999. Organisation for Economic Co-operation and Devel- opment, Implementing the OECD Job Strategy: as- sessing Performance and Policy, Paris, 1999. Organisation for Economic Co-operation and Devel- opment, Implementing the OECD Jobs Strategy. Les- sons from Member Countries, Paris, 1997 Organisation for Economic Co-operation and Devel- opment, The OECD Job Study: Evidence and Expla- nations, Paris, 1994. G. Quintini, J.P. Martin, S. Martin, The Changing Na- ture of School to Work Transition process in OECD Countries, IZA Discussion Paper, January 2007, no. 2582. G. Quintini, S. Martin, Starting Well or Losing their Way? The Position of Youth in the Labour Market in OECD Countries, OECD Social, Employment and Mi- gration Working Paper, 2006, no. 39. A. Rees, An Essay on Youth Joblessness, in Journal of Economic Literature, 1996. M. Regini, G. Esping-Andersen, The Effects of Labour Market De-regulation on Unemployment. A Critical Review of the Different Research Approaches and of Empirical Evidence, Report presented to the Euro- pean Commission, 1998. F. Rother, Intervention to Support Young Workers in Sub Saharan Africa. Regional Report for the Youth Employment Inventory, The World Bank, Washing- ton, 2006. P. Ryan, The School-to-work Transition. A Cross- National Perspective, in Journal of Economic Litera- ture, 2001, vol. 39. The World Bank, Migration and Remittances Factbook 2008, Washington, 2008. M. Tiraboschi, The Reform of the Italian Labour Mar- ket over the Past Ten Years: a Process of Liberalisa- tion?, in Comparative Labor Law & Policy Journal, 2008. United Nations – Department of Economic and Social Affairs, World Youth Report 2007, October 2005. United Nations – Economic Commission for Africa, The Economic Report on Africa 2005 – Meeting the Challenge of Unemployment and Poverty, 2007. United Nations – Economic Commission for Africa, Youth, Education, Skill and Employment, December 2005. B. Webb, S. Webb, Industrial Democracy, London,

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Realizzare il lavoro decente in Africa

Sintesi del V congresso regionale africano dell’Associazione Internazionale di Relazioni Industriali di Olga Rymkevich

È già la seconda volta che IRASA, Canada) e Clive Thompson Zylberstein (University of San Pa- l’Associazione sudafricana di Rela- (Cosolve, Sydney, Australia) han- olo, Brasile), Anil Verma zioni industriali, organizza per no illustrato la particolare forma di (Università di Toronto), Frank Hor- l’Africa il congresso regionale del- risoluzione delle controversie svi- witz (Università di Città del Capo), l’IIRA. All’evento, svoltosi a Città luppatasi, principalmente nel set- Anna Gryeznova (Università di Mo- del Capo dal 26 al 28 marzo 2008, tore pubblico, in Canada e Austra- sca), Venkata Ratman (Inter- hanno partecipato rappresentanti lia, fondata su un arbitrato teso national Management Institute, del mondo accademico internazio- alla ricerca della comune intenzio- India). Con riferimento alle princi- nale, unitamente a membri dei ne delle parti e dell’assetto di inte- pali sfide del mondo del lavoro sindacati, delle associazioni dato- ressi da queste perseguito piutto- moderno Jane Hodges dell’ILO ha riali e delle istituzioni pubbliche sto che sulla mera interpretazione analizzato l’impatto dell’AIDS e le provenienti dal Sudafrica e da altri del dato legale. I relatori hanno prassi esistenti in alcuni Paesi afri- Paesi del continente. Nelle sessioni poi suggerito il modo in cui l’Africa cani, così come la posizione e il plenarie e nei numerosi workshop potrebbe avvalersi di tali esperien- ruolo assunto dall’ILO in proposito. paralleli sono state discusse molte ze. I problemi della piena occupa- Marius Olivier (Università di delle più attuali problematiche del- zione, del lavoro decente e digni- Johannesburg) ha sottolineato la materia, esaminate in prospetti- toso e dell’impatto della globaliz- alcuni aspetti legati alla sicurezza va internazionale e comparata ma zazione sui tassi occupazionali e sociale dei non cittadini nella co- rivolgendo una particolare atten- sulla qualità del lavoro sono stati munità africana e alla necessità di zione alla peculiare situazione del- illustrati da Johann Maree estendere anche ad essi gli schemi la Regione che ha ospitato l’incon- (Università di Città del Capo), protettivi fissati dalla legge. tro. L’illustrazione di esperienze Greg Bamber e Bob Russell Per quanto riguarda il quadro re- internazionali aventi ad oggetto i (Griffith University, Australia), golatorio dell’occupazione merita- diversi aspetti del diritto del lavoro mentre Susan Hayter dell’ILO ha no di essere menzionate le pre- collettivo e individuale e della si- cercato di dimostrare, avvalendosi sentazioni di Paul Benjamin curezza sociale, tra cui il lavoro dei materiali prodotti dalla stessa (Università di Città del Capo), che decente, l’economia informale, il organizzazione, la possibilità di un ha esaminato l’evoluzione di alcuni lavoro minorile e le strategie di Paese in via di sviluppo di essere aspetti del diritto del lavoro africa- gestione delle risorse umane, ha competitivo grazie all’investimento no nel contesto del quadro regola- determinato l’emersione di propo- nel lavoro decente e non soltanto torio dell’ILO, e di Kamala Sanka- ste e spunti a cui gli operatori afri- all’abbassamento del costo e della ran (Indian Law Institute), che ha cani potranno fare riferimento nel- qualità del lavoro. posto all’attenzione del pubblico i l’affrontare le problematiche più Un altro aspetto importante porta- problemi legati ai lavoratori del stringenti che li attendono. to al dibattito è quello legato alle settore informale in India e la ne- Nel discorso di apertura, il Prof. strategie di gestione delle risorse cessità di assicurare loro un livello Manfred Weiss dell’Università di umane. In merito, Michele Tirabo- adeguato di protezione. Francoforte ha ripercorso breve- schi (Università di Modena e Reg- I lavori si sono chiusi con i ringra- mente i problemi più ardui affron- gio Emilia) ha evidenziato i proble- ziamenti finali del Dott. Giuseppe tati dal continente africano sia sul mi legati alla transizione dalla Casale, Segretario generale del- piano generale che sul piano occu- scuola al mondo del lavoro in l’IIRA, che ha tracciato un bilancio pazionale, tra cui figurano: l’estre- un’ottica internazionale e compa- lusinghiero del Convegno, e con i ma povertà; l’AIDS e le altre ma- rata (cfr. M. Tiraboschi, I. Senato- saluti dell’attuale Presidente del- lattie che rendono l’aspettativa ri, Productivity, Investment in l’Associazione, Prof. Russell Lan- media della vita molto bassa; il Human Capital and the Challenge sbury, il quale ha esteso l’invito a mancato rispetto dei diritti umani of Youth Employment in the Global partecipare al prossimo Congresso fondamentali; la segmentazione Market, in q. Dossier, 2), mentre mondiale, che sarà dedicato al del mercato del lavoro; l’assenza altri aspetti delle strategie della tema The new world of work, e si di un compiuto sistema di relazioni gestione delle risorse umane da terrà a Sydney nel 2009 (per industriali; la debolezza degli stru- parte delle multinazionali con par- maggiori informazioni si veda l’in- menti di controllo giudiziario; lo ticolare riguardo alle economie dirizzo www.iceaustralia.com/ scarso sviluppo degli strumenti di emergenti (India, Russia, Brasile, IIRA2009). risoluzione dei conflitti e l’ampia Cina e Sudafrica) e le vicende na- estensione dell’economia informa- zionali delle imprese che hanno Olga Rymkevich le. Con riferimento agli assetti col- ottenuto maggior successo a parti- Ricercatrice lettivi del diritto del lavoro re dal 1990 sono state discusse in Fondazione Marco Biagi Albertyn Arbitration Inc (Toronto, una tavola rotonda da Hèlio

BOLLETTINO ADAPT – NEWSLETTER IN EDIZIONE SPECIALE N. 4 DEL 24 APRILE 2008

Approfondimenti e documentazione

Per ulteriori approfondimenti si veda il sito www.fmb.unimore.it, Indice A-Z, voci Africa, Giovani e lavoro, Lavoro e globalizzazione

Giovani e lavoro

Studi - ricerche - percorsi di lettura

• Annan K., A Global Alliance for Youth Employment: Reccomendations to the High-Level Panel on Youth Em- ployment, Millennium Assembly, 27 May 2004.

• Aring M., Axmann M., Why Developing Countries Need a School-to-Work System, Now More Then Ever, RTI International, 2004.

• Axmann M., Facilitating Labour Market Entry for Youth through Entreprise-Based Schemes in Vocational Edu- cation and Training and Skills Development, ILO - SEED Working Paper No. 48, 2004.

• Garces E., Thomas D., Currie J., Longer-term Effects of Head Start, NBER Working Paper No. 8054, 2000.

• Martin J., Grubb D., What Works and for Whom: A Review of OECD Countries’ Experiences with Active La- bour Market Policies, IFAU Working Paper No. 14, 2001.

• Quintini G., Martin S., Starting Well or Losing their Way? The Position of Youth in the Labour Market in OECD Countries, OECD Social, Employment and Migration Working Paper No. 39, 2006.

• Rother F., Intervention to Support Young Workers in Sub Saharan Africa. Regional Report for the Youth Em- ployment Inventory, The World Bank, Washington, 2006.

Documentazione internazionale

• International Labour Organization, Youth Employment: From a National Challenge to a Global Development Goal – Background paper contributed by the ILO to the G8 Labour and Employment Ministers’ Conference, Geneva - Turin, 2006.

• International Labour Organization, Regional Labour Market Trends for Youth: Africa, ILO Youth Employment Programme, September 2006.

• International Labour Organization – Regional Office for Africa, It is High Time to Rethink. Youth Employment in 2008, Addis Ababa, January 2008.

• Organisation for Economic Co - operation and Development, Employment Outlook 2002, Paris, 2002.

Globalizzazione e lavoro

Documentazione internazionale

International Labour Organization, Global Employment Trends, Geneva, January 2008.

Studi - ricerche - percorsi di lettura

Dicembre 2007 – Andranik Tangian. Is work in Europe decent? A study based on the 4th European survey of working conditions 2005, Wirtschafts und Sozialwissenschaftliches Institut in der Hans-Böckler-Stiftung, Düsseldorf, Diskussionspapier Nr. 157.

Africa

Studi - ricerche - percorsi di lettura

Papers presented to the IIRA 5th African Regional Conference Cape Town, March 2008

Siti internet

International Industrial Relations Association: www.ilo.org/public/english/iira/

International Labour Organization – Area lavoro decente: www.ilo.org/public/english/decent.htm

Youth Employment Network: www.ilo.org/public/english/employment/strat/yen/

World Bank: www.worldbank.org

ASSOCIAZIONE PER GLI STUDI INTERNAZIONALI E COMPARATI SUL DIRITTO DEL LAVORO E SULLE RELAZIONI INDUSTRIALI

Direttore

Michele Tiraboschi

Redazione

Marouane Achguiga; Carmen Agut Garcia; Francesco Basenghi; Eliana Bellezza; Tiziana Bellinvia; Chiara Bizzarro; William Bromwich; Giuliano Cazzola (senior advisor); Alessandro Corvino; De Vita Paola; Lorenzo Fantini; Rita Iorio; Simona Lombardi; Stefano Malandrini; Flavia Pasquini; Niccolò Persico; Pierluigi Rausei; Alberto Russo; Olga Rymkevitch; Anna Maria Sansoni; Simone Scagliarini; Iacopo Senatori; Carlotta Serra; Silvia Spattini; Chiara Todeschini.

Coordinatore di redazione

Marina Bettoni

La documentazione è raccolta in collaborazione con:

CISL – Dipartimento del mercato del lavoro

CONFCOMMERCIO – Servizio sindacale

CONFINDUSTRIA – Ufficio relazioni industriali e affari sociali

UIL – Dipartimento del mercato del lavoro

La giurisprudenza di merito è raccolta in collaborazione con:

Assindustria Genova

Associazione Industriale Bresciana

Associazione Industriali della Provincia di Vicenza

Confindustria Bergamo

Unione degli Industriali della Provincia di Pordenone

Unione degli Industriali della Provincia di Treviso

Unione degli Industriali della Provincia di Varese

Unione Industriale Torino

Soci ADAPT

Abi; Adecco; Agens; Ailt; Ali S.p.A.; Ancc-Coop; Ance; Assaereo; Associazione Industriali della Provincia di Vicenza; Banca Popolare Emilia Romagna; Barilla G.e.R. F.lli S.p.A.; Cisl; Cna Nazionale; Cna Modena; Comune di Milano; Confapi; Confartigianato; Confcommercio; Confcooperative-Elabora; Confindustria; Confindustria Bergamo; Confsal; Coopfond- Legacoop Nazionale; CSQA Certificazioni S.r.l.; Electrolux-Italia S.p.A.; Esselunga S.p.A.; Fastweb; Federalberghi; Federdistribuzione; Federmeccanica; Filca-Cisl; Fipe; Fondazione Studi-Consulenti del Lavoro; Générale Industrielle S.p.A.; Gruppo Cremonini S.p.A.; Il Sole 24 Ore; Inail; Inps; Italia Lavoro S.p.A.; Legacoop Emilia Romagna; Manutencoop; Metis S.p.A.; Micron Technology Italia S.r.l.; Movimento Cristiano Lavoratori; Obiettivo Lavoro; Poste italiane S.p.A.; Provincia di Verona; Randstad Group Italia S.p.A.; Telecom S.p.A.; Ugl; Uil; Umana S.p.A.; Unindustria Treviso; Vedior.