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Who is a Worker?

Industrial Law Journal, Vol. 34, p. 57, 2005
  • 1
    Citations
  • 7,177
    Usage
  • 4
    Captures
  • 0
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Citations
    1
    • Citation Indexes
      1
  • Usage
    7,177
    • Abstract Views
      5,819
    • Downloads
      1,358
  • Captures
    4
    • Readers
      4
      • SSRN
        4
  • Ratings
    • Download Rank
      29,561

Paper Description

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.

Bibliographic Details

Guy Davidov

Worker; employee; self-employed; independent contractor; employment relationship; employer-employee relationship; intermediate work categories; dependent contractor; dependency; democratic deficits; subordination

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