Law imposes procedural constraints on dismissal (WoL, V2)

From WeSISpedia
Jump to: navigation, search
Quick info
Data type Numeric
Scale Metric
Value labels not applicable
Technical name labor_dism_constr_proced
Category Labour and labour market
Label Law imposes procedural constraints on dismissal
Related indicators

Assesses the impact of non-compliance with formal requirements on the lawfulness of the dismissal.
Employees are existentially dependent on the income from their employment relationship, so termination of this relationship by the employer also means the termination of the employee's ability to make a living. This justifies the special importance of protection against dismissal.
Formalities are one pillar of protection against dismissal. In particular, strong procedural hurdles can lead to dismissals being prevented or significantly impeded from the outset, thus increasing the stability of the employment relationship. This is all the more important given that, due to the structural inequality between employees and employers, the willingness of employees to take legal action is typically limited even when the employment relationship is terminated, and even in those cases where legal action is taken, it rarely results in the continuation of the employment relationship. The protection is only effective, however, if compliance with the formal requirements is constitutive for the lawfulness of the termination and, as in the case of the need for the consent of third parties, prevents terminations as a preventive measure.
This variable is derived and minimally modified from the CBR Labour Regulation Index Dataset (‘CBR-LRI’), which provides data on employment law across 117 countries spanning the years from (in most instances) 1970 to 2022, with the exception of post-socialist countries (refer to Adams et al. 2017, 2023). The current CBR-LRI data points were reviewed, and any discrepancies in values were adjusted in accordance with the WoL coding rules. Additionally, data points from before 1970 or equivalent timeframes for former Soviet bloc countries were included (cf. Fechner/Carlino 2025). In addition to the 115 countries with populations exceeding 500,000 as classified by CBR-LRI, 37 more countries have been included (cf. Fechner/Carlino 2025). Core differences concerning the original CBR-LRI data:

  • The CBR Labour Regulation Index Dataset was developed by analysing legal provisions, collective agreements (if generally binding or containing national standards) and pertinent court rulings, sourced from secondary materials, national legal databases, and ILO NATLEX data (cf. Adams et al. 2017, 2023). WoL exclusively codes statutory law, resulting in modifications to outcomes that include collective agreements and court decisions that define entitlements.

    • Coding rules

    Equals 1 if a dismissal is necessarily unjust if the employer fails to follow procedural requirements prior to dismissal. Equals 0.67 if failure to follow procedural requirements will normally lead to a finding of unjust dismissal. Equals 0.33 if failure to follow procedural requirements is just one factor taken into account in unjust dismissal cases. Equals 0 if there are no procedural requirements for dismissal. Scope for gradations between 0 and 1 to reflect changes in the strength of the statutory law.
    For detailed coding rules, please consult Fechner/Carlino 2025.

    Bibliographic info

    Citation: Fechner, Heiner and Marina Carlino (2025). Worlds of Labour (WoL) Leximetric Dataset. University of Bremen.

    Related publications: Adams, Zoe, Bhumika Billa, Louise Bishop, Simon Deakin and Tvisha Shroff (2023). CBR Labour Regulation Index (Dataset of 117 Countries, 1970-2022) - Codes and Sources. Centre for Business Research, University of Cambridge. at: https://doi.org/10.17863/CAM.9130.2
    Carlino, Marina, Fechner, Heiner, and Schäfer, Andrea (2025). Using leximetrics for coding legal segmentation in employment law: The development and potential of the Worlds of Labour database. In I. Dingeldey, H. Fechner, & U. Mückenberger (Eds.), Constructing Worlds of Labour. Coverage and Generosity of Labour Law as Outcomes of Regulatory Social Policy. Palgrave Macmillan. pp.53-83
    Deakin, Simon, Johna Armour and Mathias Siems (2023). CBR Leximetric Datasets [Updated 2023]. Apollo - University of Cambridge Repository. https://doi.org/10.17863/CAM.9130.2 Dingeldey, Irene, Heiner Fechner, Jean-Yves Gerlitz, Jenny Hahs, Ulrich Mückenberger, Worlds of Labour: Introducing the Standard-Setting, Privileging and Equalising Typology as a Measure of Legal Segmentation in Labour Law, Industrial Law Journal, Volume 51, Issue 3, September 2022, Pages 560–597, https://doi.org/10.1093/indlaw/dwab016
    Fechner, Heiner, and Marina Carlino (2025). Coding Legal Segmentation in Employment Law. The Worlds of Labour (WoL) Dataset. SFB 1342 Technical Paper Series, 22. Bremen: SFB 1342. https://doi.org/10.26092/elib/4191

    Misc

    Project manager(s): Responsible for data coding: Heiner Fechner (2018-2025), Marina Carlino (2022-2025).
    Responsible for data editing, description (WESIS) and entry: Heiner Fechner (2025), Andrea Schäfer (2021-2025), Jenny Hahs (2018-21), Jean-Yves Gerlitz (2018-20).
    Principal Investigators: Irene Dingeldey, Ulrich Mückenberger.
    Student assistants (alphabetical ordering): Max Anders, Julia Bode, Jessica Bonn, Daniel Euler, Jan-Christopher Floren, Maxime Fischer, Jennifer Götte, Eliko Hagen, Désirée Hoppe, Irina Kyburz, Alexandra Kojnow, Tarek Mahmalat, Karolin Meyer, Oguz Mermut, Johanna Nold, Tanusha Pali, Gerrit Pantel, Johannes Ramsauer, Max Sudhoff, Kristina Walter, Caroline Zambiasi.

    Data release: Version 0.001: Initial release December 2025.

    Revisions: No revisions yet.
    This is the first version of the dataset of the thoroughly revised Version 2 WoL template; for the first time, all variables including those originally stemming from CBR-LRI have been coded/revised under WoL criteria. A preliminary version with compiled data (CBR-LRI and WoL) has been published in WeSIS marked by "CBR-LRI-based" and "WoL, V1".

    Sources

    Own coding, partially based on coding by CBR-LRI.
    Fechner, Heiner, and Marina Carlino (2025). Coding Legal Segmentation in Employment Law. The Worlds of Labour (WoL) Dataset. SFB 1342 Technical Paper Series, 22. Bremen: SFB 1342. https://doi.org/10.26092/elib/4191
    Partially identical (after revision by WoL) with the original CBR-LRI coding, to be found in:
    Deakin, Simon, Johna Armour and Mathias Siems (2023). CBR Leximetric Datasets [Updated 2023]. Apollo - University of Cambridge Repository. https://doi.org/10.17863/CAM.9130.2


    Retrieved from "https://seth.informatik.uni-bremen.de/wesis/wiki/index.php?title=Law_imposes_procedural_constraints_on_dismissal_(WoL,_V2)&oldid=11791"