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robtherobber | 3 days ago
I have to disagree with that, I think it's a very American interpretation on the situation.
A business is an organised legal/economic entity with capital, reserves, insurance, legal advice, hiring processes, and the ability to spread risk across many workers and time periods. It can come into (legal) existence and dissolve without anyone automatically becoming destitute or actually dying. In contrast, a worker has but one body, real health to care for, and far less financial buffer. I think that equating businesses and people not only hides the actual power imbalance, but ignores how reality works.
In terms of risks, sure, hiring involves uncertainty, of the financial order, not a life-or-death kind of thing. And it doesn't justify transferring the cost of that uncertainty onto the least protected party. Like I say above, we allow businesses to operate on the premise that the society benefits from their activities; there are risks associated with running businesses, but there's no point to have them if society stands more to lose than to gain by having them. No one is forcing businesses to ever increase their profits (and shift the risks) once they become stable, but it would be hard to argue that people can afford not eating, having a place to live in, or stop rearing children. We simply can't conflate these two entities here and blur the line between life ontology and legal (that is, made up) concepts.
The risk to the employer is that a bad hire can cost money, time, management effort. To the worker that can mean arrears, debt, eviction risk, food insecurity, etc., including death. In fact the very idea of labour law emerged on the basis of unequal bargaining power, which makes "freedom of contract" a fiction in many cases.
As for probation, from what I know is mostly a contractual/process tool in UK practice, not a magic legal lock-in. ACAS guidance does not say "you cannot dismiss in probation"; it says employers should have a valid reason and follow a fair procedure: https://www.acas.org.uk/dismissals
I see no reason to assume that a business model is entitled to be low-commitment; if it depends on labour, then the cost of employing people decently is part of the model. They are forced to accept it in order to be allowed to operate in society. Conversely, if the model only works by making labour disposable, that in itself works as evidence against the model, not against protections.
We should also try not to fall for the false symmetry between quitting and firing, in my view, because "easy to quit" is irrelevant to whether employers should have obligations or not. For the worker quitting a bad job still bears real costs (income gap, search time, stress, potential destitution), whereas when the employer fires someone it continues to retain the enterprise, assets, and ongoing revenue capacity.
This paper presents some useful details as well: https://cep.lse.ac.uk/pubs/download/dp2039.pdf
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