Dependent self-employment : a comparative analysis from an EU law perspective

Abstract

With economic changes, technological developments and an increasing need to balance out work and family life, the employment relationship is continuously undergoing considerable changes. This led to new work relationships, some of which consist of elements pertaining both to subordinate employment as well as self-employment, creating a grey area between the two. One relationship found in this category is dependent self-employment which, despite increasing in its existence, is only legally recognised in a few Member States. This thesis will examine how legal systems and authors have reacted towards dependent self-employment. Chapter 1 will look at the evolution of the employment relationship and the emergence of dependent self-employment. The author will examine legal literature to attempt to define what dependent self-employment actually is in Chapter 2. In Chapter 3 the author will examine the legal systems recognising an intermediate category between employment and self-employment in order to establish any safeguards provided for. The author will also examine the Maltese legal system wherein dependent self-employment, although not recognised, is still protected to a certain extent by adopting certain universal rights for all workers irrespective of the employment status. Chapter 4 will examine the attitude adopted by the European Union and the International Labour Organisation towards dependent selfemployment as well as the possibility of eliminating the traditional distinctions, replacing them with ‘personal work relations’ instead. In the end, the author will put forward a number of suggestions and conclusions in relation to how dependent self-employed should be regulated to ensure that their interests are safeguarded.