The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws

Article

Harpur, P. and James, P. 2014. The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws. Comparative Labor Law and Policy Journal. 36 (1), pp. 111-130.
TypeArticle
TitleThe shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws
AuthorsHarpur, P. and James, P.
Abstract

I. INTRODUCTION
A key concept in labor and employment laws is the distinction
between employment and other forms of work arrangements.' Workplace laws generally regard employees as vulnerable and in need of regulatory protection and specialized commissions, such as the U.K. Employment Tribunals, the Australian Fair Work Commission, and the U.S. National
Labor Relations Board.2 In contrast, laws presume nonemployee workers, such as contractors, bailees, and franchisees, to be in commercial arrangements and in less need of protection.' As a result, in most situations, nonemployee workers must rely upon the law of contract and
agitate their grievances through the general court system.4 Accordingly, being categorized as an employee has serious consequences for the enforcement of workers' rights.

PublisherUniversity of Illinois College of Law
JournalComparative Labor Law and Policy Journal
ISSN1095-6654
Publication dates
Print2014
Publication process dates
Deposited28 Apr 2015
Output statusPublished
Web address (URL)http://www.law.illinois.edu/publications/cllpj/archive/vol_36/
LanguageEnglish
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