דיני עבודה

English Abstract:
This chapter discusses the main insights of the economic analysis of employment law. While in other legal fields, one no longer needs to explain the explicative and normative contributions of the economic analysis of law, lawyers in employment law are still somewhat suspicious of such concepts as efficiency and competition. Simplistically put, and in our opinion also erroneously, some see economic analysis as a pro-employer approach that attempts to implant free-market arguments into the field of employment law. This chapter points to the complex meaning of the concept of efficiency in economic analysis in general, and in employment law in particular. This complexity perhaps reduces some of the initial charm of economic analysis as an analytical tool that might lead to a single precise answer. Yet the complexity of economic analysis, especially when one includes in it various efficiency measures as well as discussions of the various market failures, allows a richer and more enlightening economic analysis of the main issues of employment law. This chapter illustrates these insights through analyzing examples taken from employment law, labor law and employment discrimination law.