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You're looking at this through an American frame: freedom. We're looking at it from a European one: fairness.

The free-market pretense is that the entrepreneur operates in a vacuum using his God-given resources and property to create wealth as part of his holy avocation and that he should have the right, as the priest in communion with higher powers, to act more or less as he wishes. It is only out of benevolence that he employs people at all.

The truth is that he uses his resources to leverage the infrastructure of the society around him to create wealth and that he needs workers to realise that wealth. Because he is in a position of power - especially were unions don't exist - society places an obligation on him not to treat workers - without whom the business wouldn't exist -  unfairly. We consider it unfair for him to dismiss an employee on a whim. Need to reduce the work-force? No problem - we call it reduncancy. Incompetent or disruptive staff? No problem either - go through a fair process and you can fire them. We even allow for periods of probation in order to ensure that the employ fits in. Normally three to six months. Because that's what we feel is fair.

If you have  a mortgage and a few kids you are not in  position to just walk away.

(Apologies for the sarcasm, but I have a bad cold and I'm cranky.)

by Colman (colman at eurotrib.com) on Fri Mar 17th, 2006 at 11:59:30 AM EST
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I'll agree that "whim" is bad, but I don't this that happens too often. We had a few articles on Kos about people being fired for having a Kerry bumpersticker on their cars and that made the news.

If you can make people redundant when economically you have to, then I don't have a problem except who defines "economically".

All in all, because of my own experience, I still prefer the "at will" system with a real social net behind it, as opposed to the State telling businesses how to run themselves.

That is not a freedom vs fairness issue IMHO; it's a who's best qualified to make decisions issue.

By all means, let's have the State assist, help, hire, create jobs, but don't direct.

I will however agree that big companies are behaving increasingly like rogue citizens and obviously need some counterweight.

by Lupin on Fri Mar 17th, 2006 at 12:20:38 PM EST
[ Parent ]
The rule around here is that if you make someone redundant because their position is to be eliminated you can't fill or replace the position for six months. Otherwise you can be sued for unfair dismissal.
by Colman (colman at eurotrib.com) on Fri Mar 17th, 2006 at 12:23:14 PM EST
[ Parent ]
I think the issue of the "whim" is not as extreme as firing someone over a bumper sticker for the most part. However, when you think about the way most American companies operate, they consider firing people and downsizing as one of the first items on their agenda when going through financial hurdles. Nevermind that companies like Delphi, GM, LTV, and many others have been horribly mis-managed. It seems that more often than not, it is the workers who pay the price for a company's financial trouble.
Again, I don't think layoffs or firing people is unavoidable in all cases. I just think they are done with much greater ease here than anywhere else without too much consideration for fairness.

Mikhail from SF
by Tsarrio (dj_tsar@yahoo.com) on Fri Mar 17th, 2006 at 12:59:27 PM EST
[ Parent ]
Firings in the United States can be very arbitrary and the concept of "precarite" does not dare enter the mindset of your average worker, particularly the younger-than-26 set.  Sure, there are supposed mechanisms in place and avenues through which to pursue recourse but they are only theoretically available to all but those who probably do not need them (economically speaking).  Show me a case of successful wrongful termination lawsuit in the US.  It's a joke, at best a threat lobbed at an employer to secure an extra weeks severance pay.  
by paving on Sat Mar 18th, 2006 at 02:49:04 AM EST
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