Atypical Work Agreement

With regard to telecommuting, an autonomous European framework agreement between the EU`s social partners, signed on 16 July 2002, covers areas such as conditions of employment, health and safety, training and collective rights. In the area of temporary work, the 2008/104/EC Directive contains a number of important employment rights, which concern temporary workers and essentially set the principle of non-discrimination with regard to the essential working and employment conditions between temporary workers and workers hired by the user company. With the recent Uber case and the ongoing debate over zero-hours contracts, much has been written about the „Gig Economy,“ where atypical work prevails. The issues we are looking at suggest that employers are still not clear about the problems faced when the employer moves away from full-time employment of 9 to 5 workers. Casual workers: provide their work or services in irregular or informal relationships without the obligation to provide or accept employment. The flexibility of these schemes may correspond to both the employer and the workers and often comes in the form of one-off tasks or events or a will, but there is no obligation for the worker to accept the work. The most discussed categories are those working under a zero-hour contract, whereby the employer does not guarantee the supply of work and pays only for the work done. Casual workers are often employed in seasonal industries such as agriculture and tourism, or to respond to fluctuations in demand, such as in the construction industry. Homeworkers: There is no legal definition of a home worker and, contrary to the traditional image of someone with low job security, who performs tasks on piecemeal rates, most homeworkers today are managers, professional workers, skilled workers or skilled workers. Working from home is also more common among the self-employed.

Although there is no automatic right for workers to work from home, a refusal could, in appropriate circumstances, result in discrimination on the basis of sex or disability. We have listed below the types of atypical workers we often encounter and the most important issues that employers need to consider. However, as forms of work have become more flexible, atypical workers may be more likely to be workers than workers, and thus be entitled to the rights and protection available to a worker. They may also be entitled to specific protection available to workers or workers. B for example, part-time workers (Prevention of Less Favourable Treatment) Regulations 2000 and Fixed-Term Workers (Prevention of Less Favourable Treatment) Regulations 2002. See also: casual work; participatory employment; economically dependent workers; staff exchanges Temporary work Mobile work based on ICT Job sharing New forms of work Part-time work Part-time work Seasonal work The self-employed; Unreported work Work-life balance. Zero-hour contracts. A second direction is to draw attention to the issue of working time.

The starting point is that workers with different working hours should not necessarily be excluded from the consideration of labour standards. European law on atypical workers reflects the extension of grounds of discrimination. The right of atypical workers to equal treatment, regardless of characteristics such as gender, race, age and disability, highlights a new dimension of the principle of equality in the right to equality.