Governance and Tripartism Department
Reflections on the introduction of Universal Labour Guarantee in selected Central and Eastern European countries
In most legal systems around the world today, the employment relationship remains the essential point of reference for determining rights and obligations in the workplace. The Universal Labour Guarantee (ULG), as a floor of labour protections, may then be raised either by means of the law and regulations, or through collective agreements. Significantly, this extension of labour protection to those outside the purview of an employment relationship or employment contract, extends protection to self-employed persons as well as those in a “grey zone”, i.e., who are considered neither genuinely self-employed nor genuine employees.
Whereas the ILO supervisory bodies have already made clear that fundamental principles and rights at work apply to all workers including the self-employed, the ULG takes this one step further by including within it basic working conditions as regards, a living wage, limits on working time and protection of health and safety at work.
The ILO has long recognized that guaranteeing labour protection to all workers, regardless of their employment status and contractual arrangements, is the ultimate goal of ensuring decent work. However, despite recent challenges posed by the organization of work, notably in the gig economy, the statutory or judicial classification of a worker as part to an employment relationship may well continue to be determinative of access to work related rights and entitlements, thereby playing a significant role in the process of ensuring decent work. In that case, achieving decent work for all and, to this end, implementing the ULG would require re-defining the concept of the employment relationship and its boundaries so that all who work for a pay are covered by labour and social protection regardless of their classification.
The present research looks to explore the legal landscape across seven Central and Easter European (CEE) countries to understand, in concrete terms, how the ULG might be introduced in the national law and practice of these countries. The CEE region is chosen to study this question in particular, given that many countries in this region are in the process of undergoing labour law reforms to align their national legislations with both, international labour standards, as well as EU law. This region therefore affords an opportunity to re-examine available national policy and legal solutions for the introduction of the ULG. In addition, the CEE region has seen a significant proliferation of non-standard forms of employment, including work mediated through digital platforms.
The ILO has long recognized that guaranteeing labour protection to all workers, regardless of their employment status and contractual arrangements, is the ultimate goal of ensuring decent work. However, despite recent challenges posed by the organization of work, notably in the gig economy, the statutory or judicial classification of a worker as part to an employment relationship may well continue to be determinative of access to work related rights and entitlements, thereby playing a significant role in the process of ensuring decent work. In that case, achieving decent work for all and, to this end, implementing the ULG would require re-defining the concept of the employment relationship and its boundaries so that all who work for a pay are covered by labour and social protection regardless of their classification.
The present research looks to explore the legal landscape across seven Central and Easter European (CEE) countries to understand, in concrete terms, how the ULG might be introduced in the national law and practice of these countries. The CEE region is chosen to study this question in particular, given that many countries in this region are in the process of undergoing labour law reforms to align their national legislations with both, international labour standards, as well as EU law. This region therefore affords an opportunity to re-examine available national policy and legal solutions for the introduction of the ULG. In addition, the CEE region has seen a significant proliferation of non-standard forms of employment, including work mediated through digital platforms.
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- ISBN Web PDF: 9789220399422