SYSTEMATIC THINKING ABOUT EMPLOYEE STATUS
SYSTEMATIC THINKING ABOUT EMPLOYEE STATUS

Summary/Abstract: Over the past decades, the international and European policy debate has focused on who is considered to be an employee and what kind of workers are covered by the protection of employees, i.e. the extension of the scope of labour law There is a deep-set problem lying behind this global thinking. The application of the principle of equal treatment in private law encompasses a lot of tension. Private law including labour law is confronted with human and constitutional rights when vulnerable groups, like women, the elderly, parents, persons with disabilities are integrated into the labour market. In labour law human and constitutional rights make freedom of contract, being more limited than civil law, seek further compromises. In labour law, there is a clear conflict between the prohibition of discrimination, the freedom of contract and the freedom of provision provided by property law. In the event that labour law regulation is left alone and is not considered systematically, conflict can result in controversial legislative solutions.

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