A Single Category Of Personal Employment Contract Essay

A Single Category Of Personal Employment Contract Essay

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A single category of personal employment contract would be a regression to the unsatisfactory bilateral distinction of the past between employers and the self-employed, and would be afflicted by many of the same concerns that led to the proliferation of multi-categories. The major shortcoming of the straightforward but primitive distinction between employees and the self-employed was that it was an all-or-nothing threshold—either an individual met the full criteria to be considered an employee, and was entitled to all the rights that such a status entailed, or failed to do so, and consequently had none of the rights traditionally associated with employment. This arrangement was unsatisfactory because the canyon between these two conventional and well-established positions was wide, and filled with individuals in casual, part-time, or atypical working arrangements that warranted coverage by employment law, but not to the full extent attributed to employment status. Leaving these groups uncovered by rights protection would leave them vulnerable to predatory and disadvantageous employment arrangements that did not exemplify even the most fundamentally basic conditions of fair working conditions. However, according these groups the full coverage of employment status would have severe practical and economic consequences, including more cautious and reluctant hiring practices by employers, and higher consumer costs resulting from more expensive costs of labour. The worker category then arose in order to strike a balance between these competing interests, and set a threshold that offered certain valuable rights but not others. Nevertheless, while this justifies having two categories of personal employment contracts, it does not then just...


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...minatory practices, a minimum wage, and working time regulation rights, all of which contribute to striking a fair balance between the needs of employers and the needs of their workers. A single category of personal employment contract would not be able to reflect both the needs of employers as well as their staff in the modern labour market. However, while a complete collapse of the present multiple categories is not possible, simplification is both feasible and ideal in the realm of workers under the 1996 Act and those under a contract personally to do any work under the 2010 Act. With broadly similar requirements, and unacceptable case law in the case of the latter, the law of employment would be streamlined and consequently clearer if the categories of personal employment contracts were reduced to include only employees and workers under the 1996 Act definition.

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