The termination of atypical forms of employment

Abstract

Work is of fundamental importance in one's life. Work provides a source of income which in turn determines the standard of living of the worker. Most persons aspire to have a stable standard-form contract of employment whilst others, either out of their choice or else because of the job opportunities they find, opt for an atypical form of employment. Particularly in the circumstances of an economic recession, some workers especially workers on an atypical form of employment have their contract terminated which is why atypical employment is also synonymous with precarious work or less secure jobs with less rights when compared to full-time employees. The notion of unfair dismissal is analyzed making also reference to case law which puts into practice the legislation present in our laws which interprets what is deemed as a good and sufficient reason to terminate a contract of employment as this is not defined in our laws but is decided upon on by a case by case basis. This thesis aims at analysing various forms of atypical forms of employment including fixed-term, part-time, posted workers, telework and outworking amongst others. Also reference to Brussels I and Rome I is made, briefly explaining which court has a right to seize jurisdiction and which law is applicable when proceedings are brought forward by one of the parties. This thesis tries to make as clear as possible the basic concepts and features of each atypical form of employment so that the reader will get an idea of the particular features which that type of employment has.