Economically-dependent Workers as Part of a Decent Economy

Claudia Schubert

doi:10.17104/9783406792786

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Bibliographic data

Copyright year: 2022
ISBN-Print: 978-3-406-76964-1
ISBN-Online: 978-3-406-79278-6
Publisher: C.H.BECK Recht - Wirtschaft - Steuern, München
Series: Beck International
Language: English
Pages: 306
Product type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages I - XXVI
1. I. The aim and the background of the present research project No access Pages 1 - 3
2. 1. 1. Legal comparison No access
  2. 2. International law No access
  3. 3. European law No access
1. 1. I. ‘Economically-dependent workers’ as a category of work No access
  2. II. The legal position of economically-dependent workers from a labour law perspective No access
  3. 1. 1. Introduction – The development of and the basic principles of the Austrian social security system No access
    2. 2. The different categories of the insured persons No access
    3. 3. Values and interests in the early social security system No access
    4. 4. A shift in the approach No access
    5. 5. Reforms for the extension of the social security protection No access
2. 1. I. Introduction No access
  2. 1. 1. The fundamental binary distinction No access
    2. 2. A border, but a permeable one No access
  3. 1. 1. Personal safety No access
    2. 2. Economic security No access
  4. 1. 1. The coverage of self-employed workers by the national social security system No access
    2. 2. The financing of the social security system No access
    3. 3. Complementary health insurance No access
    4. 4. ‘Unemployment benefits’ for the self-employed No access
    5. 5. New normative measures for some ‘gig workers’: private insurance and social charters No access
3. 1. I. Introduction No access
  2. 1. 1. The distinction between employees and economically-dependent workers No access
    2. 2. The distinction between self-employed persons and economically-dependent workers No access
  3. 1. 1. Overview of the legal position of economically-dependent workers from a labour law perspective No access
    2. 2. The social protection of the individual (life, health, physical integrity, and integrity of the person) No access
    3. 3. The social protection of workers as economic actors No access
    4. 4. Representation of workers No access
    5. 5. Access to labour courts No access
    6. 6. Conclusions No access
  4. 1. 1. The overview of the inclusion of employee-like persons in the statutory social security system No access
    2. 2. Health insurance No access
    3. 3. (Statutory) accident insurance No access
    4. 4. Pension insurance No access
    5. 5. Unemployment insurance No access
    6. 6. Conclusions No access
  5. V. Summary No access
4. 1. I. Introduction No access
  2. 1. 1. The legislation No access
    2. 2. The courts No access
    3. 3. No ‘Third Way’ No access
  3. 1. 1. Individual rights No access
    2. 2. Collective rights No access
  4. IV. Social security for economically-dependent workers No access
  5. V. Conclusion No access
5. 1. 1. 1. The coordinated continuous collaborations No access
  2. 1. 1. The specific regulation of coordinated and continuous collaborations No access
    2. 2. The general legal regulation of autonomous work (including coordinated and continuous collaborations) No access
    3. 3. The special discipline of platform workers No access
    4. 4. Autonomous workers’ and co.co.co-s’ collective rights No access
  3. III. Social security for economically-dependent workers No access
6. 1. I. Introduction No access
  2. II. The rise of solo self-employment in the Netherlands No access
  3. 1. 1. Comprehensive protection for employees No access
    2. 2. Meagre protection for solo self-employed workers No access
  4. 1. 1. Who is an ‘employee’? No access
    2. 2. Who is a ‘solo self-employed worker’? No access
    3. 3. The judicial practice of the Supreme Court: the holistic assessment No access
  5. 1. 1. A certain level of protection for solo self-employed workers under (certain) social security schemes No access
    2. 2. The notion of ‘economically-dependent self-employed workers’ No access
    3. 3. The quest to provide legal certainty only for the independent solo self-employed No access
  6. 1. 1. Collective bargaining and (the representation of) the solo self-employed No access
    2. 2. The Dutch Competition Authority’s assessment of solo self-employed workers No access
    3. 3. Minimum fees for solo self-employed workers who cannot be deemed to be undertakings No access
    4. 4. Minimum standards for the solo self-employed workers who do qualify as undertakings? No access
  7. VII. Concluding remarks No access
7. 1. 1. 1. Legal dependence No access
    2. 2. Employment contract and contract for services No access
  2. 1. 1. Economically-dependent work – a comparative overview No access
    2. 2. The Employment Contract Act of 1969 No access
    3. 3. The approaches in professional literature regarding Article 2 of the Employment Contract Act of 1969 No access
    4. 4. Law No. 101/2009 No access
  3. 1. 1. General overview No access
    2. 2. Rights and obligations of the contracting parties No access
    3. 3. Health and safety at work No access
    4. 4. Professional qualification No access
    5. 5. Remuneration No access
    6. 6. Compensation in the case of the suspension or the reduction of the activity No access
    7. 7. Termination of the contract No access
    8. 8. Registration of homework No access
    9. 9. Inspection of homework No access
  4. 1. 1. General overview No access
    2. 2. Eventualities and contributions No access
  5. 1. 1. Economically-dependent workers under Portuguese law No access
    2. 2. Social protection from a labour law perspective No access
    3. 3. Social security for economically-dependent workers No access
8. 1. I. ‘Economically-dependent workers’ as a category of work No access
  2. 1. 1. The definition of ‘economically-dependent self-employed person’ No access
    2. 2. The scope of labour law protection No access
    3. 3. The identification of economically-dependent persons No access
  3. III. Social security for economically-dependent workers No access
9. 1. I. Abstract No access
  2. 1. 1. A binary system: employees and self-employed persons No access
    2. 2. A subcategory of self-employed persons: TRADEs as economically-dependent selfemployed persons No access
  3. 1. 1. Individual rights No access
    2. 2. Collective rights No access
  4. IV. Social security for economically-dependent self-employed persons No access
  5. V. Health and safety regulations No access
  6. VI. Jurisdiction No access
  7. VII. Conclusion: the legislation applicable to economically-dependent self-employed persons is inadequate No access
10. 1. I. Introduction No access
  2. 1. 1. The concept of employee in labour law No access
    2. 2. The concept of employee in social security legislation No access
    3. 3. ‘Dependent contractor’ as a subcategory of ‘self-employed’ No access
    4. 4. Conclusion No access
  3. 1. 1. Statutory labour legislation No access
    2. 2. Collective agreements No access
    3. 3. Unions and the organisation of economically-dependent workers No access
    4. 4. The role of the courts No access
    5. 5. Conclusion No access
  4. 1. 1. Social security legislation No access
    2. 2. The financing of the social security system No access
    3. 3. Who is responsible for paying taxes and social contributions? No access
    4. 4. Conclusion No access
  5. V. Conclusions No access
11. 1. I. Introduction No access
  2. 1. 1. ‘False’ self-employment No access
    2. 2. ‘Worker’ in employment legislation No access
    3. 3. ‘Worker’ in equality law No access
    4. 4. ‘Worker’ in EU law No access
    5. 5. Economic dependence No access
    6. 6. Employment rights for workers No access
    7. 7. Conclusion No access
  3. 1. 1. Contributory benefits No access
    2. 2. Non-contributory benefits No access
    3. 3. Statutory sick pay No access
    4. 4. Conclusion No access
  4. IV. Conclusion No access
12. 1. I. Introduction No access
  2. 1. 1. The definition of ‘employee’ or ‘employment contract’ as the point of departure regarding social protection No access
    2. 2. Extending the scope of labour law through a broad notion of ‘employment relationship’ No access
    3. 3. ‘Economically-dependent worker’ as a legal category and its position in the legal systems examined No access
    4. 4. Criteria for the definition of ‘economically-dependent worker’ No access
    5. 5. Conclusions No access
  3. 1. 1. Sui generis regulation or the selective extension of labour law No access
    2. 2. The categories of social protection through labour law No access
    3. 3. The satisfaction of economic needs and/or the removal of or the transfer of economic risks No access
    4. 4. The reconciliation of family life and working life No access
    5. 5. Health and safety at work No access
    6. 6. The protection of personal rights No access
    7. 7. Judicial and/or administrative safeguards No access
    8. 8. Collective bargaining and collective agreements as means of autonomous self-help No access
    9. 9. Conclusions No access
  4. 1. 1. Economically-dependent workers in the national social security systems No access
    2. 2. Benefits from the social security scheme No access
    3. 3. Contributions to the social security schemes No access
    4. 4. Conclusions No access
  5. V. Final conclusions No access
1. 1. I. Overview No access
  2. II. Constitutional and policy framework No access
  3. 1. 1. Background No access
    2. 2. Instruments on home work No access
    3. 3. Attempts to regulate ‘contract labour’ No access
    4. 4. The Employment Relationship Recommendation No access
    5. 5. Guidance on labour statistics No access
    6. 6. Recommendation No. 204 addressing the ‘informal economy’ No access
    7. 7. The 2020 CEACR General Survey No access
  4. 1. 1. Freedom of association and collective bargaining No access
    2. 2. Prohibition of forced labour and elimination of child labour No access
    3. 3. Elimination of discrimination No access
  5. V. Standards on social protection No access
  6. VI. Standards applicable to particular categories of workers who may be economically dependent No access
  7. VII. Conclusion No access
2. 1. 1. 1. The development of the Charter No access
    2. 2. The personal scope of the Charter and its Articles No access
  2. II. The means of the interpretation of the Charter No access
  3. 1. 1. Article 3: The right to safe and healthy working conditions No access
    2. 2. Article 6 paragraph 2: The right to bargain collectively and to conclude collective agreements No access
    3. 3. Article 7 paragraph 1: The right of children and young persons to protection – setting the minimum age of admission to employment at 15 years No access
    4. 4. Article 8 paragraph 5: The right of employed women to protection of maternity – prohibition of work in underground mining and of all other work of dangerous, unhealthy or arduous nature No access
    5. 5. Article 18 paragraph 3: The right to engage in a gainful occupation in the territory of other Parties – the liberalisation of the regulations governing employment No access
    6. 6. Article 19 paragraph 10:The protection of self-employed migrant workers No access
  4. IV. Conclusions No access
1. I. Introduction No access Pages 255 - 256
2. 1. 1. Lack of a legal definition of ‘economically-dependent worker’ No access
  2. 2. Freedom of movement for workers as a point of reference No access
  3. 3. Social protection for self-employed persons No access
  4. 1. a) Reference to national labour law No access
    2. b) Broad interpretation of EU law No access
3. 1. 1. The legal bases for future labour law directives No access
  2. 2. The potential content of new labour law directives No access
4. IV. Collective bargaining and the role of competition law No access Pages 272 - 274
5. V. Conclusions No access Pages 274 - 277
1. I. Introduction No access Pages 277 - 278
2. 1. 1. Bogus self-employment or a separate group of self-employed persons in need of social protection No access
  2. 2. Alternative regulatory models No access
  3. 3. Protection against social dumping No access
3. 1. 1. Economically-dependent workers and their underdeveloped protection No access
  2. 1. a) A necessary step for the reconciliation of fundamental rights and competition law No access
    2. b) Restricting the notion of ‘undertaking’ in the context of Article 101 of the TFEU No access
    3. c) Extending the scope of the exemption provided for in Article 101 paragraph 3 of the TFEU No access
    4. d) Separate regulation on allowing collective agreements for economically-dependent workers No access
  3. 3. Minimum remuneration – legislative standards as a necessary measure No access
4. IV. Social protection for economically-dependent workers within a globalised economy No access Pages 286 - 287
Bibliography No access Pages 287 - 306