SESSION II: EMPLOYMENT SERVICES AND LABOR MARKET INFORMATION SYSTEMS: OPPORTUNITIES AND CHALLENGES IN THE LATIN AMERICAN SCENE THE VISION FROM COSATE Employment Services and Labor Market Observatories: Opportunities and Challenges in the Hemisphere

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: , ext. 126 y