The Institutional Factor: Labour Law and Regulations Across Europe

Ulrike Muehlberger
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Ulrike Muehlberger: Vienna University of Economics and Business Administration
Authors registered in the RePEc Author Service: Ulrike Famira-Mühlberger

Chapter 3 in Dependent Self-Employment, 2007, pp 34-45 from Palgrave Macmillan

Abstract: Abstract Changes in the organisation of work over the last two decades have shown that the personal scope of labour law and parts of social security law in European countries, which have focused on permanent full-time employees, are too narrow. Thus, legal scientists have argued that the traditionally personal scope of labour law and parts of social security law no longer reflect the organisation of work in today’s society (Sciarra 1991, 2004;Burchell et al. 1999;Supiot 2001;Engblom 2003;Freedland 2003;Perulli 2003). National legal discourses, however, are divided between the approach that a broader scope of labour law with a dominant role of contracts of employment would strengthen social justice, while the other approach sees labour law measures as a limit to economic efficiency and incentives, favouring the expansion of possible work arrangements governed by the principles of civil and commercial law (Freedland 2003: Chapter 1;Perulli 2003: 6;Sciarra 2004: 17).

Keywords: Grey Zone; Social Security System; Employment Protection; Independent Contractor; Labour Court (search for similar items in EconPapers)
Date: 2007
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-28878-2_3

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DOI: 10.1057/9780230288782_3

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