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This study aims to revisit the relationship between the stringency of employment protection legislation and entrepreneurship at the macro-level using time series data from 28 OECD countries.

To address model uncertainty, a Bayesian model averaging methodology is employed, overcoming issues related to predictor selection. Additionally, the study delves into the interaction between employment protection legislation and the rule of law, considering potential unintended consequences and overlapping effects. Heterogeneity within self-employment is explored, making a distinction between solo self-employment and employer entrepreneurship.

The findings reveal that the impact of employment protection legislation, both for regular and temporary employment, on aggregate solo self-employment rates is contingent upon the level of practical regulatory compliance. The legislation can either stimulate or hinder entrepreneurship, highlighting the nuanced nature of its influence on macro-level entrepreneurial activities.

The results of this study provide valuable insights for policymakers and regulators by emphasizing the complexity of the relationships under consideration. Understanding the potential interactions between employment protection legislation, rule of law and practical regulatory compliance is crucial for designing an effective and conducive regulatory environment for entrepreneurship.

This research offers a unique contribution to the literature in three distinct ways: by addressing model uncertainty through Bayesian model averaging, examining the interaction between employment protection legislation and the rule of law and differentiating between solo self-employment and employer entrepreneurship. These distinctive elements enhance the originality and value of the study, providing a more nuanced understanding of the intricate relationship between legal frameworks and macro-level entrepreneurship.

Purpose – The purpose of this chapter is to shed new light on the effects of labor market institutions and the economic conditions on self-employment composition that may help the development of a comprehensive strategy to promote job creation and sustained economic growth in the post-2009 era.

Methodology/approach – Using microdata from the European Community Household Panel for the EU-15, we analyze the effects of employment protection legislation, start-up incentives, and economic conditions on transitions from unemployment and paid employment to self-employment, as well as on self-employment survival, with a special focus on the differentiated effect of these variables on different types of self-employment.

Findings – The empirical results suggest that the coexistence of recession periods, start-up incentives, and strict employment protection may be distorting the occupational choice against true entrepreneurs and favor less entrepreneurial forms of self-employment – such as last resort or dependent. Therefore, the differentiated effect of the regulatory environment and the economic conditions over different forms of self-employment – that contribute to job creation, growth and innovation processes in a different manner – may help explaining the different incidence in terms of employment of the economic crisis across countries.

Social implications – During deep recessions, stringent labor regulations might prompt that public expenditure designed to move the unemployed back to employment favors atypical forms of employment outside the scope of labor laws, deteriorating employment rights, and the social protection of workers. As a consequence, the interaction of different LMI and the business cycle should be considered when defining the regulatory environment.

A proposed explanation for why business creation is often found to increase in recessions is that there are two components to entrepreneurship – “opportunity” and “necessity” – the latter of which is mostly counter-cyclical. Although there is some agreement on the conceptual distinction between these two factors driving entrepreneurship, there is little consensus in the literature on empirical definitions. The goal of this chapter is to propose an operational definition of opportunity versus necessity entrepreneurship based on the entrepreneur's prior work status (i.e., based on previous unemployment) that is straightforward, based on objective information, and empirically feasible using many large, nationally representative datasets. We then explore the validity of the definitions with theory and empirical evidence. Using datasets from the United States and Germany, we find that 80–90% of entrepreneurs are opportunity entrepreneurs. Applying our proposed definitions, we document that opportunity entrepreneurship is generally pro-cyclical and necessity entrepreneurship is strongly counter-cyclical both at the national levels and across local economic conditions. We also find that opportunity vs necessity entrepreneurship is associated with the creation of more growth-oriented businesses. The operational definitions of opportunity and necessity entrepreneurship proposed here may be useful for distinguishing between the two types of entrepreneurship in future research.