Atypical Workers: The Quest For An Inclusive Workers Protection Regime
It is trite knowledge that the labour market has experienced a continuous evolution. The growth of · atypical or non-standard forms of employment is one such phenomenon. Regrettably, the juridical discipline does not always follow the dynamics of the development of socio-economic phenomena. Very often, new social phenomena are governed by old rules, which in their scope, contents and cultural inspiration cannot correspond to the new realities. This situation is compounded by the attitude of collective agreements, which do not address issues of non-standard employment, thereby hampering the full development of and legal protection to be accorded to these. In recent times, changes in what had been accepted as standard working patterns have been signalling a new era in terms of labour law requirements. Nowadays, employers prefer to use non-standard work arrangements to create a labour force that is flexible and more suited to meeting market demands, whereas employees may be attempting to create a more effective work-life balance on the one hand or to make ends meet due to limited employment opportunities on the other. The crux of the issue is, however, that most legislation gives a narrow definition of employee, thereby excluding many classes of workers who are in fact dependent on their employers. This leaves them vulnerable to exploitation and subject to contractual regimes that do not fall within the formal private law concepts of employment. Given the ·constraints of diverse forms of atypical work and its growing significance in the Post-Fordist era, the challenge is to craft a regime that will provide a win-win solution for both business and workers regardless of whether one is typically or atypically employed. It is the right time in history to re-conceptualise labour law and embrace atypical employment as a form of employment needing protection as much as any other.