Employment protection legislation indicators: A legal analysis

Résumé 0

This article aims to provide a legal evaluation of the concept of employment protection legislation as set out in the OECD’s Employment Outlook. A study of two indicators (definitions of individual and collective redundancies) in three countries (France, Italy, and the UK) sheds light on major errors in the understanding of rights, and more importantly, raises broader doubts about the possibility of drawing up dependable rankings for national legal systems. The concept of employment protection legislation is too legally unstable for a reliable scoring scheme, given that legal norms are often ambivalent. In the final analysis, comparing systems is vital for understanding national and foreign norms and should therefore be encouraged, but it needs to be considered separately from scoring, which cannot reflect the reality of legal systems.