Thematic Field: Work and labor relations

Workgroup: Labor reforms in Latin America: approximations and dialogue

1. Name of the Working Group.
Labor reforms in Latin America: approaches and dialogue
Coordinator(s) of the Working Group
Hector Palomino
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Magda Biavaschi
Institute of Philosophy, History and Social Sciences
Post-Graduation in Philosophy and Human Sciences
Campinas State University
Brazil

2. Critical location of the topic in the Latin American and Caribbean context and in relation to global dynamics.

The social regulation of work cannot be understood apart from the economy and the social and political conditions of the historical moment in which it is produced. O contemporâneo capitalism, in its globalized and hegemonized feição with the interests of finances, has an impact on this regulation and on the public institutions responsible for its effectiveness (BIAVASCHI, 2017). In a context of crisis such as capitalism experienced since the 1970s, the movement in search of deregulation of the labor market has been incessant. The objectives, not always declared, are only to reduce labor costs and weaken the organization of workers (BIAVASCHI, 2017). In this process, the policies of flexibilization of labor protection standards appear as a global trend, deepening the precarious forms. The various reforms in labor legislation in Argentina, Brazil, Costa Rica, Colombia, Chile, Mexico and Uruguay are expressive of their complexity. Given the reality, it is relevant to the construction of a discussion forum with the intention of investigating both the meaning of these reforms and the strategies that resist them built for, in a comparative dialogue, we will be provided to the debate elements that allow us to better understand the factors that affect their own definition and their consequences of these reforms, such as, given them, the role of public institutions in the sense of offering (or no) obstacles to their deepening will be investigated.

Numerous works support that the labor reforms carried out in Latin America in the decades of 1980 and 1990 did not produce the announced results. The contractual and organizational flexibility, the reduction of salaries, the privatization of part of the social security system and the reduction of social and labor policies do not produce better hours in our employment levels and promote the precariousness of work and the increase in inequality. (BOHOSLAVSKY, 2017; FRAILE. 2009; VEGA RUIZ, 2015). In a recent study (ADAMS et al, 2019) states that the increase in workers' protection is correlated with the increase in employment and a decrease in inequality over time. 

The GT is the result of intellectual approximations on the topic with Argentine researchers from UBA, UNAJ, UNNE, FLACSO, and UNLP, Brazilian researchers from UNICAMP, UFF and UFBA. As well as Uruguayan researchers based at UdelaR. In addition to partnerships with Chilean, Colombian, Costa Rican and Mexican professors, who with their specificities will decide to meet in a space of dialogue to face the issue of labor reform in Latin America.

ADAMS et al. The economic importance of employment protection legislation and on different modalities
employment in 117 countries, 1990-2013In: International Labour Review, vol. 138 (2019), no. 1.
Basualdo, Eduardo M. (2006). “The restructuring of the Argentine economy during the last decades: from import substitution to financialization.” In: Neoliberalism and dominant sectors. Global trends and national experiences. In: Basualdo, Eduardo M.; Arceo, Enrique. CLACSO, Latin American Council of Social Sciences, Buenos Aires. August 2006.
.
BASUALDO, Victoria; MORALES, Diego (Eds). Labor outsourcing: origins, impact and keys to its analysis in Latin America. 1st ed. Buenos Aires: Siglo Veintiuno Editores, 2014.

Basualdo, Victoria (2012). Progress and challenges of the working class in post-convertibility Argentina. CELS Annual Report, Buenos Aires

BELLUZZO, Luíz. G. O Capital and its metamorphoses. São Paulo: Unesp, 2013.
Bensusán, G. (2006). The labor reform. Economics, UNAM. Vol. 3, No. 9 (99.33-53). Available at http://revistas.unam.mx/index.php/ecu/article/view/2893/2453
Bernazza, C. (2016). Welcome to the past. Public Policy Perspectives Journal (11), pp. 27-37
Biavaschi, Magda Barros. (2007) The Direito do Trabalho no Brasil – 1930-1942: a construção do sujeito e direitos Trabalhistas. São Paulo: LTr, 2007
BOHOSLAVSKY, Juan Pablo. Report of the Independent Expert on the consequences of external debt and obligations
related international financial systems of States for
the full enjoyment of all human rights, especially
Economic, social and cultural rights. In: Bulletin of the UNU Human Rights Council, 2017.

Crespo, E. and Ghibaudi, J. (2017). The long-term neoliberal process and progressive governments in Latin America. In D. García Delgado and A. Gradin (2017). Late Neoliberalism. Theory and Praxis. (1, pp. 29-39). Buenos Aires: FLACSO.
FRAILE, Lydia. The neoliberal experience of Latin America. Social and labor policies since the 1980s. In: International Labour Review, vol. 128 (2009), no. 3.
KREIN, José Dari; Biavaschi, Magda B. (2015). “The contradictory movements of labor regulations in Brazil in 2000.” Cuadernos del Cendes Magazine, Caracas.

Sader, E. (coord.), Serrano Mancilla, A., García Linera, A. and others (2016). The open paths of Latin America: seven essays in search of an answer: end of cycle or temporary retreat?. Caracas: CELAG-BANDES.
Santos, Anselmo Luis two; Biavaschi, Magda Barros. (2014). “A third-party context of the reconfiguration of contemporary capitalism: the dynamics of construction of Súmula nº 331 of TST”. Magazine of the Superior Court of Labor, São Paulo, v. 80, no. 3, p. 19-35, July/Sept. 2014.
VEGA, María Luz, Ed. Labor Reform in Latin America: 15 years later. Lima: ILO, 2005

3. Justification and analysis of the theoretical relevance of the topic in relation to the analyzed context.

The main question that researchers add to the formation of the GT Labor Reform in Latin America is the characteristics of the government policies of two different countries in Latin America, based on governments with different policy orientations (Bernazza, 2016; Crespo and Ghibaudi, 2017; Sader (coord.), Serrano Mancilla, García Linera and others, 2017, etc.)

We will take Brazil and Argentina as an example, these two countries present similar aspects regarding the reforms implemented since the 1990s. There are only countries with a history of development of similar capitalism, despite their particularities, differences in dimensional, demographic and economic terms. (BASUALDO, 2006).

In periods subsequent to the 1990s, there were important modifications in both countries. The Kirchner administration, which began in 2003 under the presidency of Néstor Kirchner and continued from 2011 under Cristina Kirchner, adopted a series of positive measures not linked to public social policies (BASUALDO, 2012). In 2015, with the possession of President Mauricio Macri, evidence has been made of alterations in the economic scenario that impacts the fabric of social protection at work. Coincidentally, in Brazil, after a period marked by a positive improvement in the rates of employment and incorporation of the mass of workers into the fabric of social protection and expansion of the salary base, as shown in the data from the period 2006-2014, times of decline in direitos have also been experienced. The economy enters a crisis that deepens after the impeachment of President Dilma Rousseff, in a scenario of implementation of structural reforms approved in fiscal austerity policies, with negative impacts that are located, above all, at the base of the social pyramid. (SANTOS; BIAVASCHI, 2014)

No Brazil, despite having had certain flexibilizing initiatives in the field of social protection, especially in the 1990s and with certain continuity in the years 2000 (KREIN and BIAVASCHI, 2015), the normative framework systematically constructed in the period of the Vargas Era and constitutionalized in 1988 (BIAVASCHI, 2007) was maintained in its essence. However, with the labor reform approved and effective as of November 2017, this system was brutally altered.

Part of the assumption is that the actions involved in work in different Latin American countries are related not only to labor policy in a strict sense, but also to a more general economic orientation adopted for the continent. A different situation, for example, was that which, for a significant period, Mexico experienced[1], tied to the Free Trade Agreement with the United States and Canada (NAFTA). In this period, that country that, maintaining the austerity policies implemented in 1990, presented less significant growth rates and less positive impacts on the labor market and, introducing a labor reform (2013), profoundly and negatively impacted the working conditions of the population. Os rumos novo governo que, inclusivo, propôs e viu aprovada (May 2019) uma nova legislação de proteção ao trabalho alicerçada no princípio da vedação de retrocessos e no respeito à tela public de proteção social, são recentes e Precisem ser melhor avaliados e estudados.  

The central concern of this work group will be to analyze the social consequences of the deterioration of working conditions due to the loss of social rights and the fragility of public work institutions (Belluzzo, 2013), seeking to draw comparisons between the different realities in Latin America, especially: Argentina, Brazil, Chile, Uruguay, Colombia and Mexico.

 

[1] With President Obrador's possession, Mexico resumes a path in search of autonomy and greater equity.

Basualdo, Eduardo M. (2006). “The restructuring of the Argentine economy during the last decades: from import substitution to financialization.” In: Neoliberalism and dominant sectors. Global trends and national experiences. In: Basualdo, Eduardo M.; Arceo, Enrique. CLACSO, Latin American Council of Social Sciences, Buenos Aires. August 2006.
.
BASUALDO, Victoria; MORALES, Diego (Eds). Labor outsourcing: origins, impact and keys to its analysis in Latin America. 1st ed. Buenos Aires: Siglo Veintiuno Editores, 2014.

Basualdo, Victoria (2012). Progress and challenges of the working class in post-convertibility Argentina. CELS Annual Report, Buenos Aires

BELLUZZO, Luíz. G. O Capital and its metamorphoses. São Paulo: Unesp, 2013.

Bensusán, G. (2006). The labor reform. Economics, UNAM. Vol. 3, No. 9 (99.33-53). Available at http://revistas.unam.mx/index.php/ecu/article/view/2893/2453
Bernazza, C. (2016). Welcome to the past. Public Policy Perspectives Journal (11), pp. 27-37
Biavaschi, Magda Barros. (2007) The Direito do Trabalho no Brasil – 1930-1942: a construção do sujeito e direitos Trabalhistas. São Paulo: LTr, 2007

Crespo, E. and Ghibaudi, J. (2017). The long-term neoliberal process and progressive governments in Latin America. In D. García Delgado and A. Gradin (2017). Late Neoliberalism. Theory and Praxis. (1, pp. 29-39). Buenos Aires: FLACSO.

Krein, José Dari; Biavaschi, Magda B. (2015). “The contradictory movements of labor regulations in Brazil in 2000.” Cuadernos del Cendes Magazine, Caracas.

Sader, E. (coord.), Serrano Mancilla, A., García Linera, A. and others (2016). The open paths of Latin America: seven essays in search of an answer: end of cycle or temporary retreat?. Caracas: CELAG-BANDES.
Santos, Anselmo Luis two; Biavaschi, Magda Barros. (2014). “A third-party context of the reconfiguration of contemporary capitalism: the dynamics of construction of Súmula nº 331 of TST”. Magazine of the Superior Court of Labor, São Paulo, v. 80, no. 3, p. 19-35, July/Sept. 2014.
4. Three-year work plan (36 months), broken down by year.
WORK PLAN FOR THE FIRST YEAR (01/11/2019 al 31/10/2020)
OBJECTIVES
ACTIVITIES
EXPECTED OUTCOMES
KNOWLEDGE PRODUCTION
(Articulation actions for relevant and rigorous comparative social research)
Develop a platform to be made available online, which adds the budgets for labor reforms in force or in processing in each of the two countries investigated
Online meetings are intended to establish a common bibliography between the different members of the group.
Production of a digital platform for the availability of bibliographies, agendas and dissemination of group activities
DISSEMINATION OF KNOWLEDGE
(Actions for training, visibility and communication of production)
Organize free courses and meetings with the members of the Work Group.
Organization of free courses and large events in order to establish a dialogue with the diverse realities experienced in Latin America
Construction of a joint agenda to analyze approved Labor Reforms or in processing in Latin America
PROMOTION OF PUBLIC RESPONSIBILITY AND SOCIAL INTERVENTION ACTIONS
(Relationships with science and technology organizations, non-governmental organizations, trade unions, social movements, etc.)
Articulate actions with union centers and social movements in various Latin American countries
Local dialogues with unionists and social movements
Avaliação two impacts of labor reforms and actions of resistance or support of legislative alterations.
ARTICULATION WITH OTHER LATIN AMERICAN, CARIBBEAN AND GLOBAL NETWORKS AND INSTITUTIONS
(Scientific networks, international cooperation organizations, academic institutions)
Articulate with Work Groups of LASA, ALAST and Worlds of Work in Brazil
Participation of GT members in events organized by networks and partner institutions, proposal of Thematic Symposiums and Round Tables
Expansion of the dialogue with researchers on the need to evaluate the impacts of labor reforms in Latin America
WORK PLAN FOR THE SECOND YEAR (01/11/2020 al 31/10/2021)
OBJECTIVES
ACTIVITIES
EXPECTED OUTCOMES
KNOWLEDGE PRODUCTION
(Articulation actions for relevant and rigorous comparative social research)
Publish to online platform
Review of the digital platform and availability on the internet
Online public consultation platform
DISSEMINATION OF KNOWLEDGE
(Actions for training, visibility and communication of production)
Analyze the impacts of alterations in work codes
Bring together bibliographic production in relation to the topic of labor reform in Latin America
Disclose and analyze the legislative changes approved and implemented in selected countries
PROMOTION OF PUBLIC RESPONSIBILITY AND SOCIAL INTERVENTION ACTIONS
(Relationships with science and technology organizations, non-governmental organizations, trade unions, social movements, etc.)
Articulate actions with union centers and social movements in various Latin American countries
Local dialogues with unionists and social movements
Avaliação two impacts of labor reforms and actions of resistance or support of legislative alterations.
ARTICULATION WITH OTHER LATIN AMERICAN, CARIBBEAN AND GLOBAL NETWORKS AND INSTITUTIONS
(Scientific networks, international cooperation organizations, academic institutions)
Articulate with Work Groups of LASA, ALAST and Worlds of Work in Brazil
Participation of GT members in events organized by networks and partner institutions, proposal of Thematic Symposiums and Round Tables
Expansion of the dialogue with researchers on the need to evaluate the impacts of labor reforms in Latin America
WORK PLAN FOR THE THIRD YEAR (01/11/2021 al 31/10/2022)
OBJECTIVES
ACTIVITIES
EXPECTED OUTCOMES
KNOWLEDGE PRODUCTION
(Articulation actions for relevant and rigorous comparative social research)
Publish book with results two three years of GT
Production of a book that seeks to present the approximations conceived around the topic of labor reform
Establishment of a joint agenda that allows empirical analysis of the impacts of the labor reform.
DISSEMINATION OF KNOWLEDGE
(Actions for training, visibility and communication of production)
Produce an online course on the impacts of labor reform
Organize an online course that enables access and dissemination of the discussions developed in the Work Group area
Wide participation of researchers, unionists, activists of social movements
PROMOTION OF PUBLIC RESPONSIBILITY AND SOCIAL INTERVENTION ACTIONS
(Relationships with science and technology organizations, non-governmental organizations, trade unions, social movements, etc.)
Articulate actions with union centers and social movements in various Latin American countries
Organize
of a large event of dissemination and training with researchers, trade unionists, activists of social movements
Broad access to the impacts and ways of analyzing labor reforms in Latin America
ARTICULATION WITH OTHER LATIN AMERICAN, CARIBBEAN AND GLOBAL NETWORKS AND INSTITUTIONS
(Scientific networks, international cooperation organizations, academic institutions)
Articulation with Work Groups of LASA, ALAST and Worlds of Work in Brazil
Participation of GT members in events organized by networks and partner institutions, proposal of Thematic Symposiums and Round Tables
Expansion of the dialogue with researchers on the need to evaluate the impacts of labor reforms in Latin America

5. Members of the Working Group
Total number of researchers admitted: 60
Jazmin Jareth Goicochea Medina
Postgraduate Unit
Faculty of Social Sciences
Universidad Nacional Mayor de San Marcos
Peru
Roxana Celeste Sanchez
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Lucía Genoveva Lira
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Andrea Carla Giacomuzzi
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Fernando Victor Carmona Alert
Alejandro Lipschutz Institute of Sciences
Non-Governmental Development Organization
Chile
Alejandro Vignolo Cabrera
Academic Unit of the Sectoral Commission for Scientific Research of the University of the Republic (UA CSIC-Udelar)
Uruguay
Elina Pessanha
UFF
Brazil
Sullivan Dos Santos Pereira
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Maria Noel Bulloni Yaquinta
Institute of Social Sciences and Administration
Arturo Jauretche National University
Argentina
Hector Lucena

Hector Palomino [Coordinator]
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Mariana Laura González
Latin American Faculty of Social Sciences, Argentina
Argentina Program
Argentina
Miguel Rossetto

Pietro Rodrigo Borsari
UNICAMP
Brazil
Leonardo Dos Santos Correia
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Felipe Estrella
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Pedro Daniel Blanco Alves
UNICAMP
Brazil
Fernando Teixeira Da Silva
Institute of Philosophy, History and Social Sciences
Post-Graduation in Philosophy and Human Sciences
Campinas State University
Brazil
Renata Dutra
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Adelaida Ivonne Cancela Castiglia
Law school- Uruguay
Clarice Gontarski Speranza
UFRGS
Brazil
Alisson Droppa
Faculty of Education. State University of Campinas /UNICAMP
School of Education
State University of Campinas /UNICAMP
Brazil
Magda Biavaschi [Coordinator]
Institute of Philosophy, History and Social Sciences
Post-Graduation in Philosophy and Human Sciences
Campinas State University
Brazil
Ana Laura López Alvarez
Institute of Labor Law and Social Security
Uruguay
Barbara Vallejos Vazquez
Dieese
Brazil
Silvia Patricia Garro
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
María Alejandra Esponda
Latin American Faculty of Social Sciences, Argentina
Argentina Program
Argentina
Mariela Quiñones Montoro
Department of Social Sciences
Northern Coastal Regional University Center
University of the Republic
Uruguay
Roxana Elizabeth Maidana
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Luisa Fernanda Gómez Duque

Antonio Aravena Carrasco
Faculty of Social Sciences
Directorate of Research and Postgraduate Studies
Alberto Hurtado University
Chile
Isabela Fadul De Oliveira
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Willebaldo Gómez Zuppa
Division of Social Sciences and Humanities
Metropolitan Autonomous University - Azcapotzalco Unit
Mexico
Tatiane Bartmann
UFRGS
Brazil
Joaquín Perrone
Institute of Labor Law and Social Security
Uruguay
Luis Quintana Romero

Euzébio Jorge Silveira De Sousa

Alejandra Rivera Alvarado
Postgraduate Unit
Faculty of Social Sciences
Universidad Nacional Mayor de San Marcos
Peru
Victoria Basualdo
Latin American Faculty of Social Sciences, Argentina
Argentina Program
Argentina
Agustín Ezequiel Díaz
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Gisela Adriana Leone
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Luana Schubert Ledermann
Federal University of Pelotas
Brazil
Marcia Leite
Faculty of Education. State University of Campinas /UNICAMP
School of Education
State University of Campinas /UNICAMP
Brazil
Bruno Mandelli
UFRGS
Brazil
Marilane Oliveira Teixeira
Institute of Philosophy, History and Social Sciences
Post-Graduation in Philosophy and Human Sciences
Campinas State University
Brazil
Pablo Javier Eguibar
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Andrea Del Bono
Institute of Social Sciences and Administration
Arturo Jauretche National University
Argentina
Hugo Barretto Ghione
Institute of Labor Law and Social Security, University of the Republic
Uruguay
Maria Da Graça Druck
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Bianca Silva Matos
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
María Fernanda Calisto
Institute of Labor Law and Social Security, Faculty of Law, University of the Republic.
Uruguay
Diego Martin Raus
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina
Quéren Samai Moraes Santana
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
Thaís De Souza Lapa

Carlos Salas

Daniela García Martínez
Institute of Labor Law and Social Security. Faculty of Law, University of the Republic
Uruguay
Jaina Bárbara Da Silva
Center for Studies and Research in Humanities
Faculty of Philosophy and Human Sciences
federal university of Bahia
Brazil
María Leonela Artavia Jiménez
Latin American Faculty of Social Sciences, Costa Rica
Costa Rica
Matías Cremonte
Association of employment lawyers
Argentina
Mercedes Reneé Lasa
Institute of Latin American and Caribbean Studies
Faculty of Social Sciences
University of Buenos Aires
Argentina




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