Transcript Mauricio Montiel, COSATE

Employment Services and Labor Market
Observatories: Opportunities and Challenges in
the Hemisphere
SESSION II: EMPLOYMENT SERVICES AND
LABOR MARKET INFORMATION SYSTEMS:
OPPORTUNITIES AND CHALLENGES IN THE
LATIN AMERICAN SCENE
THE VISION FROM COSATE
CHANGES IN THE CONTEXT
 ECONOMIC, POLITICAL AND SOCIAL
CHANGES IN THE INTERNATIONAL
ARENA DURING THE LAST 25 YEARS
HAVE HAD SUBSTANTIVE
MODIFICATIONS IN LABOR
RELATIONS.
NEW WORLD ECONOMY
 THE NEED OF MORE FLEXIBLE ECONOMIC AND
PRODUCTION STRATEGIES DUE TO THE
INCREASING LINKS WITH THE ECONOMY.
 RESTRUCTURING
THE
PRODUCTION
PROCESSES AND THE ENTREPRENEURIAL AND
LABOR PRACTICES.
 TRENDS
IN
DESAGREGATION
AND
FRAGMENTATION OF PRODUCTIVE PROCESSES.
EVOLUTION AND EXPLOSION IN
EMERGING LABOR MARKETS
 INCREASE IN POPULATION AND IN THE AMOUNT
OF PEOPLE SEEKING FOR A JOB.
 PRESSURE DUE TO HIGH UNEMPLOYMENT
RATES
 EXPANSION OF THE INFORMAL SECTOR
 LOW EDUCATIONAL LEVEL
 NEW FORMS OF INTERACTIONS AMONG
ENTERPRISES AND WORKERS.
 INCREASING PARTICIPATION OF WOMEN
 GAP BETWEEN LABOR SUPPLY AND DEMAND
 INEXISTENT UNEMPLOYMENT INSURANCE
REGULATORY FRAMEWORKS
EXCEEDED
 NEITHER INTERNATIONAL ORGANIZATIONS NOR
NATIONAL INSTITUTIONS HAVE BEEN ABLE TO
ADAPT LAWS AND RULES AT THE SPEED OF
CHANGES THAT ARE TAKING PLACE IN THE
REAL WORLD.
 CONTEMPORARY INSTITUTIONS ARE NOT ABLE
TO GIVE RESPONSE TO THE DYNAMICS OF
EMERGING LABOR MARKETS
 THERE ARE NOT MECHANISMS TO PROTECT
WORKERS EFFECTIVELY.
THE IMPORTANCE OF
EMPLOYMENT SERVICES
 THESE ENTITIES ARE IN A DEVELOPING STAGE
IN LATIN AMERICA.
 EFFECTIVE MEASURE TO FOSTER EMPLOYMENT
 NEED OF AN ADEQUATE MODEL FOR LATIN
AMERICAN REALITIES.
 A TOOL FOR EQUILIBRIUM AND SOCIAL EQUITY
 MODERNIZATION OF LABOR DEVICES TO FACE
NEW REALITIES.
PUBLIC EMPLOYMENT
SERVICES
 A REDUCED MODEL PREDOMINATES, WITH LOW
PUBLIC INVESTMENT
 DELIVER SERVICE TO GROUPS WITH SCARCE
RESOURCES.
 LIMITED RESULTS
 TENDENCY TO BECOME POLITICAL
 LIMITED SERVICES
 INSUFFICIENT INFORMATION ON LABOR MAKET
 LACK OF RESPONSE TO THE MIGRATION ISSUE
AND THE INFORMAL SECTOR.
PRIVATE EMPLOYMENT
SERVICES
 RECENT CREATION BUT FAST GROWTH.
 DELIVER SERVICES TO HIGH-LEVEL
EMPLOYMENTS.
 DISCRIMINATION
 CAMOUGLAGED PLACEMENT AGENCIES.
EMPLOYMENT SERVICES AND
PLACEMENT AGENCIES
 THE LACK OF DEFINITION OF THE LEGAL
FRAMEWORK REGARDING NEW WORKING
MODALITIES ALLOWS FREEDOM OF ACTION FOR
CERTAIN PLACEMENT AGENCIES.
 A THIN BORDERLINE BETWEEN OUTPLACEMENT
AND SUBCONTRACTING.
 THERE ARE PLACEMENT AGENCIES THAT GOES
BEYOND THE ROLE OF OUTPLACEMENT.
 IT IS THE ANTEROOM TO ILLEGALITY AND
CLANDESTINE ACTIONS.
 EMERGENCE OF MODERN FORMS OF SLAVERY.
FUNDAMENTAL PRINCIPLE
“LABOR IS NOT A COMMODITY”
ILO
SUBCONTRACTING, EXTERNALIZING,
TERTIARY SERVICES AND
OUTSOURCING
 PRECARIOUS LABOR CONDITIONS.
 TARIFFS, QUOTAS AND COMMISSIONS.
 LIMITS TO LABOR COLLECTIVE RIGHTS AND FREEDOM OF
ASSOCIATION.
 TENDENCY TO MAKE WORKERS SIGN BLAN DOCUMENTS.
 INEXISTENT MEANS FOR WORKERS TO PLACE CLAIMS ON
VIOLATIONS.
 INEXISTENT SOCIAL BENEFITS.
 NO LEGAL PROTECTION FOR WORKERS.
 TENDENCY TO PASS FROM LABOR LAW TO CIVIL AND
MERCANTILE LAW.
TOWARDS AN INTEGRAL REFORM
OF EMPLOYMENT SERVICES IN
LATIN AMERICA
 GENERATE
AN
INSTITUTIONAL
MODEL
FOR
OUTPLACEMENT THAT FOSTERS EMPLOYMENT THROUGH
THE PROTECTION OF LABOR RIGHTS OF WORKERS.
 DEMAND A BROADER COVERAGE OF SERVICES.
 ADOPTION OF RULES OF BEHAVIOR IN PUBLIC AND
PRIVATE INSTITUTIONS FOR OUTPLACEMENT.
 GUARANTEE INSTITUTIONAL MECHANISMS TO CONTROL,
SUPERVISE AND PUNISH THE VIOLATION OF RULES.
 DEVELOP A SCHEME TO INCLUDE THE MAJORITY OF
SECTORS
FROM
THE
INFORMAL
ECONOMY
TO
EMPLOYMENT SERVICES.
CONSOLIDATING A REGULATORY
AND INSTITUTIONAL FRAMEWORK
FOR NEW REALITIES
 ENVISION THE NEW ILO INTERNATIONAL INSTRUMENT
RELATIVE TO THE NEW MODALITIES OF WORK.
 DEVELOP LEGAL REGULATIONS AND RULES TO ELIMINATE
GAPS AND CONFUSIONS AROUND TERMS, UNCLEAR ZONES
AND AMBIGUITIES IN NATIONAL LAW WITH RESPECT TO
NEW FORMS FOR WORK.
 REVISION OF LAWS IN ORDER TO FAVOR REGULAR LABOR
RELATIONS THAT WILL IMPROVE PROTECTION TO WORKERS
 INCLUDE UNIONS AS INTERLOCUTORS AND INTERESTED
PARTIES TO COOPERATE WITH EMPLOYMENT SERVICES.
BROADER CHALLENGES
 THE ESTABLISHMENT OF
UNEMPLOYMENT INSURANCES IN
THE REGION (LATIN AMERICA).
 CREATION AND CHANNELING OF
STRUCTURAL SOCIAL FUNDS TO
COMPENSATE ACTIVE EMPLOYMENT
POLICIES.
AMERICAS’ GLOBAL
DIALOGUE
 SEARCH FOR NEW CONSENSUS WITHIN
THE AMERICAS REGARDING THE
REGIONAL AGENDA IN SPECIFIC TOPICS
SUCH AS EMPLOYMENT POLICIES
 CREATE TRIPARTITE ORGANS WITHIN
THE SOCIAL DIALOGUE SCOPE OF THE
AMERICAS.
1
AMERICAS’ GLOBAL
DIALOGUE
 INTEGRATE SEASONAL OR
TEMPORARY MIGRATION
POPULATION INTO EMPLOYMENT
SERVICES IN THE REGION.
2
AMERICAS’ GLOBAL
DIALOGUE
 DEVELOP RULES OF BEHAVIOR FOR PRIVATE
AGENCIES IN THE REGION TO MAKE SOCIAL
RESPONSIBILITY MANDATORY
 CREATE THE AMERICAS AND CARIBBEAN
LABOR MARKET OBSERVATORY INSTITUTE.
3
THANK YOU
COSATE
MR. MAURICIO MONTIEL COELLO
SECRETARIAT OF EDUCATION, TRAINING
AND PRACTICE
CTM
Tel. y Fax: 57050618, ext. 126 y 120
E-mail: [email protected]