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Approaches towards addressing the misclassification of employment

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Chapter 7 in Dependent Self-Employment, 2019, pp 142-160 from Edward Elgar Publishing

Abstract: This chapter reviews the approaches used until now to address the misclassification of employment in different countries. This reveals how some countries maintain the binary divide between employment and self-employment, and that the approach towards the grey zone between genuine self-employment and dependent employment has variously included: (1) presumptions that these are dependent employees and fall within the scope of employment protection legislation; (2) reversal of the burden of proving employee status; and (3) listing criteria that enable the classification of workers as either employees or self-employed. Meanwhile, it is revealed that other countries have sought to introduce a new hybrid legal category of employment relationship that provides workers in this grey zone with legal rights that would not exist under the legal status of self-employment. The collective responses towards dependent self-employment and the recent proposal of the International Labour Organization for a common definition of the dependent self-employment are also discussed.

Keywords: Business and Management; Economics and Finance; Politics and Public Policy Social Policy and Sociology (search for similar items in EconPapers)
Date: 2019
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