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How to Legally Own Another Person [pdf]

244 points| micaeloliveira | 10 years ago |dl.dropboxusercontent.com | reply

150 comments

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[+] _lex|10 years ago|reply
This is incomplete, but very, very good economic analysis. In the end his points are simple:

0. Employees are willing to trade "freedom" for job stability and increased average returns. Contracters will more easily defect for sporadic higher paying opportunities, which makes them less reliable.

1. Employers can overpay employees while ensuring that they know that they are overpaid, to 'domesticate' their employees and improve reliability of outcomes.

2. Decades ago, employers could also promise long-term job security to achieve similar effects, however rapidly changing markets mean their future existence (and ability to grant stability) is in question.

3. Instead, employees have fixated on cross-company careers, optimizing for general employability , which means that they must still conform to the requirements of a domesticated employeeship.

4. However, when employees have significant, direct, measurable profit impact skill, and can make or break the company, they can not be owned.

He also does an economic analysis of cursing, while explaining that maximizing employability tends to strip away the parts of people that can make them great.

[+] _lex|10 years ago|reply
Two interesting things: 1) this predicts difficulty in controlling contractors and getting them to stick to schedules. It explains why taxis suck, homejoy struggled, and showcases that uber circumvented the entire issue of driver reliability by only doing on-demand rides. It also predicts that scheduled contractors will attempt to steal clients from the scheduling company (direct measurable profit impacting skill - you can't own them). Perhaps the on-demand service strategy that works requires either the use of employees or zero-scheduling/real-time request resolution.

2) As an employee, you must figure out how to measure your profit impact and consistently represent that metric as fact - socialize the idea that you have profit impact. You also want to figure out exactly how what you do and how you do it can increase or decrease profits: being the person who's able to both represent a meaningful metric and show how you've affected that metric, and how that metric should have affected the bottom line will make you the most valuable. If what you do does not impact profitability, then do something else.

[+] Nitramp|10 years ago|reply
I think he does not do a good job of analyzing the value proposition of "freedom" in this context. Freedom definitely is a value by itself, but he just posits and accepts that being a contractor gives you more freedom than being an employee.

There are definitely counter examples, for example the cleaning personnel in many hotels is working on a contract basis. The more general observation is that being a contractor only gives you freedom if you have relative market power over your employer/contract giver.

The same applies as a regular employee, but less so: there is value in retaining a skilled labor force, and employers are more reluctant to give that value up by firing people, as compared to contractors. (Also, many legislations restrict hire and fire of employees, but that might be a different topic.)

Given a very acute risk of not finding any other contracts, contractors might find themselves having to live up to demands of your employer, ultimately ending up being less free than an employee in a comparable market.

[+] jondubois|10 years ago|reply
I've been both an employee and a contractor for various companies.

I found that being a contractor is usually easier, the work hours are shorter, the pay is MUCH better and 'job' security is actually higher (which really surprised me - I've never been fired from a contract job).

From a company's point of view; contractors are not good value. Sure, it's better to hire independent contractors than to outsource everything to an outside company, but a contractor is nowhere near as productive as a full-time employee.

The kinds of companies which hire contractors instead of full-time staff are often interesting companies...

[+] codingdave|10 years ago|reply
As an employer, you don't need to fire contractors. You just let their contract expire and do not hire them again. Very clean, no pain, no conflict, and the contractor many times walks out the door not even realizing you would have fired their ass under different circumstances.
[+] toptalentscout|10 years ago|reply
>> but a contractor is nowhere near as productive as a full-time employee

I disagree, also speaking as someone who's seen a mix of runs as a contractor, consultant and staff employee. It's the individual who is very productive or not, not the role they are filling.

[+] tonyedgecombe|10 years ago|reply
Yes, I've worked on a few sites where the employees were let go before the contractors.
[+] cgh|10 years ago|reply
"The best slave is someone you overpay and who know it, terrified of losing his status."

As I sit here entering my 12th hour of work for the day, this sounds remarkably legit.

[+] tsotha|10 years ago|reply
On the other hand, you're commenting on HN instead of actually working :)
[+] escherize|10 years ago|reply
Except it conflates a voluntary relationship for a forced one.

Slavery is being taxed at 100% of you output.

[+] astrocat|10 years ago|reply
Since the topic has also been making the rounds on HN, this was, as I recall, one of the issues raised with Gravity Payments and their $70K base salary.
[+] hugh4|10 years ago|reply
Tell it to a twelve year old kid working a mine in Burundi, I'm sure he'll sympathise.
[+] late2part|10 years ago|reply
Not everyone agrees, but I often feel like I'm reading genius when I read Taleb.

I especially like his insight about those really comfortable not putting on pretensions or airs. Go to Bucks in Woodside some time.

The really good VCs are really good genuine people.

[+] n00b101|10 years ago|reply
Very thought provoking. It seems like a good argument in favour of entrepreneurship and risk taking.

But I'm not sure that I agree with Taleb's glorification of Front Office banking roles in sales & trading. Like any sufficiently highly paid corporate employee, traders are compensated mainly through company shares which vest over a long period of time. These days a trader's bonus can even be clawed back, many years after being awarded. Rumour is that Wall St traders are often caught up in a culture of excess where bosses pressure them to spend/live extravagantly and become completely dependent on annual cash bonuses. For all the supposed risk taking tolerance bravado, traders are merely risking the firm's capital and not their own. In some ways it is similar to the expat role - just as some executives are chosen to be expats, some bank employees are chosen as traders and given enormous amounts of the firm's capital to bet with. No one can say what to look for in hiring a good trader, there is no consistent basis for selection, there are no academic or professional credentials for traders, the bank executives can choose to shutdown a particular trading desk on a whim, the worst fear of a trader is to lose this coveted position, and most people do not last very long as traders as their luck runs out eventually at the poker table. If an expat executive is like a diplomat fearfully being assigned from one foreign posting to the next, then I think a trader is like a gambler-slave sent to gamble with his master's money in the casino and he is in constant fear of the dire consequences that await if and when he loses too great a sum or fails to win large sums frequently. Trading jobs are usually a better deal for the employee than most comparable jobs, but it is still an employee job and it attracts exactly the kind of people who go to business school and actively seek low risk careers and dependence on a paycheque written by a prestigious employer.

[+] spacecowboy_lon|10 years ago|reply
A saw one wall street Forum where young traders where advised not to wear expensive watches as their was a strict hierarchy.

Apparently wearing cufflinks was also a no no - which made me smile as the on or 2 days a year I wear a suit I ways wear shirts with cufflinks.

[+] titomc|10 years ago|reply
get the person an H1B visa and you legally own him. Indentured servitude at its best.
[+] justinjlynn|10 years ago|reply
An employer of an employee on a sponsored H1B visa is unable to keep that employee from finding new employment at another employer who is willing to file an H1B petition. There isn't any way for the current employer to find out the employee has applied elsewhere. If the employee already holds an H1B, then the new employer is not limited by the yearly H1B cap [1].

I am by no means an expert on legal or immigration matters, so you'll have to do your own research. Also, since you refer to an H1B but did not explicitly state the country, I'm assuming you're referring to the US where Skilled Immigration for Work visas are typically called H1Bs. Please correct me if I'm wrong. Cheers

[1] <http://www.immihelp.com/visas/h1b/h1-visa-transfer-faq.html> -- looking for a better source that's not commercial, happy for pointers.

[+] avmich|10 years ago|reply
Did you really try to be on any of the sides of such a relationship? Otherwise I'm afraid you can be surprised.
[+] tsotha|10 years ago|reply
That was (mostly) true twenty years ago, but not any more.
[+] rwhitman|10 years ago|reply
I really enjoyed reading this. If I wanted to pick up one of his books, any recommendations out there for where to start?
[+] FlailFast|10 years ago|reply
Black Swan is still his best in my mind, but the Bed of Procrustes can be a nice entree; aphorisms were the original tweets, and can be consumed as such. Then I'd jump into Fooled By Randomness, and finally Antifragile (which is the weakest of them...truthfully I think the entire book could have been a chapter in Black Swan, but I'm glad he wrote it all down anyway).
[+] OldSchool|10 years ago|reply
All of his books have been worthwhile in some way. "Fooled by Randomness" is a great place to start. Its effect of exposing the lack of objectivity in many commonly-accepted beliefs that rely heavily on perceived cause and effect can add maturity and humility to your own worldview.

Ironically, my only complaint might be that Taleb seems to get a little more self-congratulating by anecdotally revealing the lifestyle he is able to enjoy as you progress through his series of books. Perhaps this is more of a style device to broaden the books' appeal.

Whatever the case, the perspective you can gain from his writing is worth the time.

[+] Animats|10 years ago|reply
The one you really want to read, Taleb won't let you - the actual returns from his funds.
[+] littletimmy|10 years ago|reply
It is interesting to note that a few hundred years ago, people didn't make that big of a difference between chattel slavery and wage slavery (labor). Both were university acknowledge to be great evils, and it was as dehumanizing to rent a person than it was to own a person.

Somehow we've all accepted wage slavery as alright. Good even! If someone doesn't have a job we deride him as a lazy ass for not wanting to sell his labor to a capitalist. A solution: universal basic income. Give everyone fuck you money. Then you'll have a free society.

[+] dracht|10 years ago|reply
Where will this basic income money come from? Forced taxation, aka extortion, aka partial slavery. That's not a free society, just a different master.
[+] robodale|10 years ago|reply
Yea, but who's going to fix the sewer lines when they break? Not me, I gots my basic income.
[+] ars|10 years ago|reply
> Give everyone fuck you money.

Um, if everyone has that much money, then it's not really a dramatic amount of money is it?

Having enough universal basic income to live on meagerly is one thing, but it's mathematically impossible to give everyone enough for everyone to be rich.

[+] kakakiki|10 years ago|reply
After a particular age, there is nothing more frightening than change.
[+] jazzyk|10 years ago|reply
To some people, there is nothing more frightening than _lack_ of change. And age has nothing to do with it.
[+] squozzer|10 years ago|reply
"Indentured servant" has too many syllables. Peon might be a better term, because its meaning leans towards economic rather than legal subordination.
[+] theGimp|10 years ago|reply
I'm trying to find this book, but coming up short.

Can somebody tell me the name of the book?

[+] pouetpouet|10 years ago|reply
This is a draft of book yet to be published. In the meantime Fooled by Randomness and The Black Swan are worth the read.
[+] kayman|10 years ago|reply
Its good food for thought.
[+] skybrian|10 years ago|reply
Perhaps there should be some equivalent of Godwin's law for this sort of comparison. Golden handcuffs aren't meaningfully comparable to actual slavery. If you think it is you're out of touch with history.

The pilot contractor doesn't seem like a great example, either. Contractors usually have to think about their reputations. I don't know the industry, but it seems unlikely that there's a huge shortage of pilots, given how poorly beginning pilots are paid.

[+] sokoloff|10 years ago|reply
There is a huge shortage of pilots...who are willing to work for the starvation wages the regional carriers offer.

By the time "Bob" in the story had the status and seniority number to be captaining a trans-oceanic route for a major, he'd be making well into six figures a year working 11-15 days a month. He'd have enough to lose that the Saudi prince would need to pay him his salary until age 65 (mandatory retirement for part 121 airline flying) to make his choice to walk away a rational one.

[+] slater|10 years ago|reply
I can't tell if this is parody, some kind of "sovereign citizen"-esque bullshit, or a bit of both
[+] coldtea|10 years ago|reply
That's probably because you didn't read past the 3-4 first paragraphs where the brief description of a (historical) "sovereign citizen" religious sect ends.

The rest of the text (and I would say even that part) is totally unambiguous, and offers nothing to be mistaken for "parody" of any kind.

[+] mintplant|10 years ago|reply
I read through the whole chapter and I didn't see anything sovereign citizen-esque in there. It's an analysis of the modern employer-employee relationship.
[+] solotronics|10 years ago|reply
This is written by Taleb, he is an interesting fellow and I find his thoughts valuable. Recently he made +$1B in a single day with his hedge fund by evaluating risk vs reward with unconventional methods.
[+] neuro_imager|10 years ago|reply
This must be your first time reading Taleb.