Reform in Small Steps: The Case of The Dependent Contractor
In: The Daunting Enterprise of the Law: Essays in Honour Of Harry Arthurs (Simon Archer, Daniel Drache & Peer Zumbansen eds., 2016) Ch. 14
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In: The Daunting Enterprise of the Law: Essays in Honour Of Harry Arthurs (Simon Archer, Daniel Drache & Peer Zumbansen eds., 2016) Ch. 14
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In: (2025) 48:1 Dal LJ (forthcoming)
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In: The Cambridge Handbook of Labour in Competition Law (Forthcoming)
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In: Comparative Labor Law and Policy Journal, Band 37, Heft 3, S. 691-725
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In: Yun, Aelim. 'When Precarity Encounters COVID-19: A Critical Analysis of Korean Policy Responses'. International Journal of Comparative Labour Law and Industrial Relations 38, no. 4 (2022): 487–504.
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In: Labour Law and Issues, Band 2, Heft 2
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In: 66 University of Detroit Law Review 555 (1989)
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In: Bocconi Legal Studies Research Paper No. 3179595
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The distinction between employees and independent contractors is crucial in determining the scope of application of labour and employment legislation in Canada, since the self-employed are, for the most part, treated as entrepreneurs who do not require the statutory protections accorded to employees. Yet statistics indicate that most self-employed people resemble employees more than entrepreneurs, in the sense that they are economically dependent on the sale of their labor and are often subject to inferior terms and conditions of work. Using four Canadian jurisdictions as a basis for this comparison, the authors demonstrate that there are wide variations in the personal scope of converge of the common and civil law of employment, collective bargaining, employment standards, human rights and workers' compensation legislation, as well as social wage and income tax legislation. These variations, it is argued, reflect an ad hoc political process of extending or denying coverage to certain groups of employees while attempt to maintain the formal distinction between employees and independent contractors. Furthermore, the development of increasingly elaborate legal tests has not succeeded in eliminating the uncertainty which often attends the determination of a worker's status. In the authors' view, the time has come to consider dissolving the employee-independent contractor distinction, and extending coverage to all workers dependent on the sale of their capacity to work, unless compelling policy reasons exist for a more restrictive approach.
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In: Armed forces & society, Band 42, Heft 2, S. 344-361
ISSN: 1556-0848
American overseas military operations have become dependent upon private contractors. Thousands of these individuals have suffered casualties as a consequence of employment in high-risk parts of the world. American policy has consistently failed to meet the medical needs of hundreds of thousands of contractors. The root source of this problem is the nature of contracting itself. It is a system defined by a commercial transaction rather than the common bond shared between a citizen and the state. The current and future of costs of this basic disconnect are significant. Contractor casualties have risen at exponential rates. More broadly, policy makers must also confront the state's obligations to employees who are assuming the risks of outsourced citizenship, a question that pertains to American contractors returning home as well as the vast majority of local national workers left to their own devices once Washington declares its mission complete.
In: Multinational business review, Band 30, Heft 4, S. 453-470
ISSN: 2054-1686
Purpose
The purpose of this paper is to identify some of the major issues relating to the conceptualization and operationalization of industry globalization.
Findings
Globalized industries have four important characteristics: cross-border product flows, cross-border capital flows, dispersal of global value chains and global competition. However, lack of availability of data limits our ability to develop an operationalization that encompasses all these four aspects of globalization.
Practical implications
The authors identify some of the most important factors driving industry globalization as well as the major impediments to globalization.
Originality/value
Although the term "globalization" has attained a nearly "taken for granted" status, its meaning is rather vaguely specified and is often context dependent. This paper delineates the domain of the construct and identifies many of the practical issues in operationalizing the construct.
The growth of the gig economy sector presents challenges for employment lawyers. Firms such as Uber label their workforce as 'independent contractors', meaning many in the gig economy often lie outside the parameters of employment protection laws. Fortunately, recent cases show that courts are not prevented by the mere label of 'independent contractor' from holding those working in the gig economy as workers. However, as this paper argues, it is not satisfactory to rely solely on litigation to enhance rights at work in the gig economy. The Taylor Review 2017 suggests that updatingstatutory definitions of personal scope is needed to address the issue. Many commentators and think tanks have labelled this proposal as too pragmatic and argue that a uniform testof employment is preferable. The main thesis of this paper is that pragmatic change, building on the progress made in case law, would be more effective. This is because the retention of an intermediary category of worker, or 'dependent contractor', allowsfor both flexibility and enhanced rights. Nonetheless, the government has not implemented any form of legislative change, meaning that over one million people in the gig economy remain without the rights they should be entitled to. This paper concludes that legislative change is therefore greatly needed to protect gig economy workers.
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In: PNAS nexus, Band 2, Heft 11
ISSN: 2752-6542
Abstract
Hostile interactions permeate political debates on social media, but what is driving the long-term developments in online political hostility? Prior research focuses on individual-level factors such as the dispositions of users or network-level factors such as echo chambers. Moving beyond these accounts, we develop and test an event-oriented explanation and demonstrate that over the course of the 2020 election year in the United States, all major shifts in political hostility on the social media platform Twitter were driven by external offline events. Importantly, these events were magnified by Twitter users within the most politically hostile and most ideologically homogeneous networks. Further contributing to the individual and network-oriented accounts, we show that divisive offline events mobilized individual users not already disposed for hostility and may have helped facilitate the formation of echo chambers. The dynamics of online interactions—including their level of hostility—seem crucially dependent on developments in the offline world.