The European pillar of social rights : an EU-level response to the social protection of the (economically) dependent self-employed?

english

2020

volume 80, pos.

dependent self-employed   economically dependent self-employed   European Pillar of Social Rights   social protection

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The problem of the economically dependent self-employed has been highlighted in various reports at the beginning of the 21st century and remains relevant today. Dealing with this issue seems particularly appropriate due to the growing number of the economically dependent self-employed, the development of cross-border services, and the variety of approaches taken by different countries in this area. In this regard, the social protection of the economically dependent self-employed is an issue that concerns the European Union as a whole. The article focuses primarily on the challenge of adapting the social security systems of the economically dependent self-employed or, in general, the challenges deriving from the legal recognition of economically dependent self-employed work in the social security system. The first question that the author endeavours to answer is the definition of an economically dependent self-employed person. This is definitely a challenging task, especially due to the unclear boundaries between the concepts of a dependent self-employed person, an economically dependent self-employed person, and a bogus self-employed person. The concepts are intertwined, and their use in the literature is different. In addition, the second question is what level and extent of legal protection should be afforded to an economically dependent person. Economic dependence can be the basis for limited labour protection, (a greater scope of) social security rights, or both. Countries have addressed the issue of economically dependent self-employed people differently. Some derive from the assumption that persons who work mostly for one client (which means that they are economically dependent on them) are, in fact, employees. Others have created a special legal category in which the person receives special treatment in the social security system vis-a-vis other self-employed persons. In the final part, the article focuses on the economically dependent self-employed in the light of international and European legal acts. Thus, the author`s attention is focused on the European Pillar of Social Rights (EPSR) and documents further developing the principles established by the EPSR. In terms of the response at EU level, more attention should be given to the specifics of dependent self-employment. When adapting social security systems to the new forms of work we should keep in mind, therefore, that self-employment covers a broad spectrum of social and economic situations, and that some of these (including the dependent self-employed) should be approached in a different way.

17.06.2021