Econometric Society 57th European Meeting
25th August 2002 - 28th August 2002, Venice, Italy

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REGULATING DAMAGE CLAUSES IN LABOR CONTRACTS


Category: Economic Theory
Labour Hiring and Firing
Wednesday 28th August 2002, 09:30 - 11:00, Room: 4.2
Session Chair(s): Maia Guell, Universitat Pompeu Fabra, SPAIN

Presenter(s): Muehlheusser, Gerd

Co-Author(s): none

Keyword(s): Asymmetric Information, Damage Clauses, Labor Contracts, Penalty Doctrine

JEL(s): K12, K31, M12

Abstract:

We analyze the role of damage clauses in labor contracts in which the worker may desire to work for another firm. We show that the initial contracting parties have an incentive to stipulate excessive damages in the contract which leads to ex post inefficiencies for some states of the world. We show that the frequently used rule of putting an upper bound on enforceable damages is welfare improving. Thereby, the crucial role of the worker's outside option is stressed. The result obtained are used to explain why binding long term contracts are frequently prohibited in labor law.


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Paper Reference Number: 104

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57th European Meeting
25th August 2002 - 28th August 2002, Venice, Italy

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