Leah F. Vosko
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574810
- eISBN:
- 9780191722080
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574810.003.0007
- Subject:
- Business and Management, Political Economy, HRM / IR
This chapter examines responses to the destabilization of the employment relationship and labour market insecurities coming in its train. The regulation of principal focus is the ILO Recommendation ...
More
This chapter examines responses to the destabilization of the employment relationship and labour market insecurities coming in its train. The regulation of principal focus is the ILO Recommendation on the Employment Relationship (2006), marking a shift from equal treatment to effective protection. The empirical focus is Industrialized Market Economy Countries experiencing a rise of self‐employment resembling paid employment, a subset of which was precarious, in the late 20th century. Two approaches to self‐employment are scrutinized: the approach advanced in Australia at the federal level, characterized by the promotion of independent contracting, and the approach pursued in several EU countries as well as at the Community level, characterized by measures supporting entrepreneurship while aiming to limit insecurities among the self‐employed. Among these approaches, EU‐level proposals addressing ‘economically dependent work’ hold promise. However, even they retain the binary division between paid or subordinate employment and self‐employment rather than extending labour protection to all workers.Less
This chapter examines responses to the destabilization of the employment relationship and labour market insecurities coming in its train. The regulation of principal focus is the ILO Recommendation on the Employment Relationship (2006), marking a shift from equal treatment to effective protection. The empirical focus is Industrialized Market Economy Countries experiencing a rise of self‐employment resembling paid employment, a subset of which was precarious, in the late 20th century. Two approaches to self‐employment are scrutinized: the approach advanced in Australia at the federal level, characterized by the promotion of independent contracting, and the approach pursued in several EU countries as well as at the Community level, characterized by measures supporting entrepreneurship while aiming to limit insecurities among the self‐employed. Among these approaches, EU‐level proposals addressing ‘economically dependent work’ hold promise. However, even they retain the binary division between paid or subordinate employment and self‐employment rather than extending labour protection to all workers.
Mark R. Freedland and Nicola Kountouris
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199551750
- eISBN:
- 9780191731013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551750.003.0008
- Subject:
- Law, Employment Law
This chapter explores the category of personal work contracts which lie beyond the contract of employment — or, to be more precise, which lie at the margins of and beyond the contract of employment. ...
More
This chapter explores the category of personal work contracts which lie beyond the contract of employment — or, to be more precise, which lie at the margins of and beyond the contract of employment. It begins by arguing that this category is, to a singular extent which is revealed by European comparative analysis, an evolving and mutating one. Having identified the category as an essentially elusive one, it proceeds to consider whether the contracts which fall within it can be regarded as being regulated in ways which are analogous to the modes of regulation of employment contracts that were considered in the preceding chapters. Thus, the chapter successively considers the regulation of the formation and structure of these contracts, their content and performance, and their termination and transformation.Less
This chapter explores the category of personal work contracts which lie beyond the contract of employment — or, to be more precise, which lie at the margins of and beyond the contract of employment. It begins by arguing that this category is, to a singular extent which is revealed by European comparative analysis, an evolving and mutating one. Having identified the category as an essentially elusive one, it proceeds to consider whether the contracts which fall within it can be regarded as being regulated in ways which are analogous to the modes of regulation of employment contracts that were considered in the preceding chapters. Thus, the chapter successively considers the regulation of the formation and structure of these contracts, their content and performance, and their termination and transformation.
