A reasonable model of the labour market over the business cycle should
predict, among other things, that (a) in very low states of product d
emand there may be too little employment from an efficiency perspectiv
e, but as the state improves employment will increase until ultimately
it is efficiently deployed, and (b) in low states of demand, a worker
's welfare level will be ''low'' and as the state of the world improve
s so will the worker's welfare, except, possibly, at high levels of de
mand where the worker's utility may start to fan. Surprisingly, there
does not exist a labour contract based model that is consistent with p
redictions (a) and (b). In fact, the standard results in the literatur
e are if leisure is a normal good then there will be too much employme
nt in essentially all states of the world and the welfare of the worke
r declines as the state of the world improves. In this paper a labour
contracting model is constructed that is consistent with the above men
tioned predictions. Two necessary ingredients in the model are the pos
sibility of financial distress in low demand states and ''partial prov
ability'' in contracting. Financial distress can be viewed as frustrat
ing renegotiation and, thus, inefficient outcomes are possible in equi
librium. Partial provability-the ability of an informed player to make
verifiable claims or statements to an uninformed player-eliminates ce
rtain kinds of inefficient outcomes. In particular, it eliminates the
possibility that, in equilibrium, there is too much employment. This l
ast result is interesting in itself because it is commonly believed th
at normality of leisure necessarily implies that labour contracting mo
dels will generate employment levels that are too high from an efficie
ncy perspective.