Chapter

Self‐Employment and the Regulation of the Employment Relationship: From Equal Treatment to Effective Protection

Leah F. Vosko

in Managing the Margins

Published in print December 2009 | ISBN: 9780199574810
Published online February 2010 | e-ISBN: 9780191722080 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199574810.003.0007
Self‐Employment and the Regulation of the Employment Relationship: From Equal Treatment to Effective Protection

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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.

Keywords: Australia; Canada; economically dependent work; employment relationship; effective protection; EU; independent contracting; Industrialized Market Economy Countries; ILO Recommendation on the Employment Relationship; international labour regulation; self‐employment

Chapter.  17210 words. 

Subjects: Political Economy

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