Who is a Worker?
12 Pages Posted: 18 Aug 2005
The article focuses on the term worker, which is replacing the traditional term employee in a growing number of Acts and Regulations. The interpretation given to this term by the Employment Appeal Tribunal is reviewed, and a different interpretation is suggested, with the aim of better achieving the purpose of the new category. It is argued that the protection afforded to those classified as workers should cover every work relationship that is characterized by significant dependency on the putative employer, even without the presence of democratic deficits (or subordination). It is shown that such a solution fits the logic of intermediate categories, as well as the legislated definition of the worker category.
Keywords: Worker, employee, self-employed, independent contractor, employment relationship, employer-employee relationship, intermediate work categories, dependent contractor, dependency, democratic deficits, subordination
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