NAVIGATING THE GIG ECONOMY: HOW EU LABOUR LAW CAN GUIDE NATIONAL SYSTEMS
NAVIGATING THE GIG ECONOMY: HOW EU LABOUR LAW CAN GUIDE NATIONAL SYSTEMS

Summary/Abstract: The emergence of the gig economy has ignited a vigorous academic discourse surrounding the classification of workers and their entitlement to social security benefits. This debate raises critical questions about whether gig workers should be classified as employees, workers, or self-employed individuals, or if a new classification is warranted to accommodate their distinctive circumstances. However, defining the essence of an "employee" proves to be a nuanced undertaking devoid of a singular definitive answer.This research delves into the elemental constituents of employee status at both the European Union (EU) and national legislative levels. While EU directives aim to harmonize the understanding of this term, achieving complete unity remains challenging due to the diverse economic, social, and contextual landscapes across member states. Thus, an analysis of relevant EU directives and regulations forms the cornerstone for elucidating the quintessential attributes of the term "employee."Despite Romania's status as an EU Member State, it grapples with a fundamental challenge in aligning with EU directives—the absence of a clear definition of the term "employee." While the Romanian Labour Law Code, the Social Dialogue Act, and legislation on Occupational Health and Safety offer some clarity on the legal landscape, the lack of a precise legal definition contributes to ongoing uncertainty.To comprehensively grasp the concept of employee classification, this study examines the jurisprudence of the European Court of Justice. Through this analysis, it becomes evident how legal precedents shape the evolution of the term "employee" and influence the regulatory framework governing employment relationships.In conclusion, this research underscores the complexity of defining employee status in the gig economy era, particularly within the EU context and Romania's legal framework. By elucidating the challenges and nuances involved, this study aims to contribute to ongoing scholarly discussions and inform policymakers striving to address the needs of gig workers in a rapidly evolving labor landscape.

• Details
• Contents