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Principled Labor LawU.S. Labor Law through a Latin American Method$
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Sergio Gamonal C. and César F. Rosado Marzán

Print publication date: 2019

Print ISBN-13: 9780190052669

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190052669.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 05 July 2022

Continuity

Continuity

Chapter:
(p.119) 5 Continuity
Source:
Principled Labor Law
Author(s):

Gamonal C. Sergio

César F. Rosado Marzán

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190052669.003.0005

Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.

Keywords:   employment continuity, employment stability, employment at will, employment termination, dismissal, contract modification, successorship, employment contract reformation

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