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Employment Relationship

Recommendation, 2006 (No. 198)

Regulating the employment

relationship in Europe:

A guide to Recommendation

No. 198

Governance

and Tripartism

Department

European

Labour Law

Network

(ELLN)

REGULATING THE EMPLOYMENT RELATIONSHIP

IN EUROPE:

A guide to Recommendation No. 198

Governance and Tripartism Department

International Labour Office • Geneva

European Labour Law Network (ELLN)

March 2013

Contents

R 198 Preamble:

Protection of workers is

at the heart of the ILO"s mandate, the principles set out in the

Declaration on

Fundamental Principles

and Rights at Work,

1998 and the Decent

Work Agenda.

Laws and regulations,

and their interpretation, should be compatible with the objectives of decent work because they seek, among other things, to address what can be an unequal bargaining position between parties to an employment relationship.

Background to the Guide

National legal experts who contributed

to the annotated guide

R 198 Paragraph 1:

Members should

formulate and apply a national policy for reviewing at appropriate intervals and, if necessary, clarifying and adapting the scope of relevant laws and regulations, in order to guarantee effective protection for workers who perform work in the context of an employment relationship.

I. National policy on the protection of workers

in an employment relationship

1. Applying a national policy

R 198 Paragraph 3:

National policy should

be formulated and implemented in accordance with national law and practice in consultation with the most representative organizations of employers and workers.

R 198 Paragraph 18:

As part of the

national policy,

Members should

promote the role of collective bargaining and social dialogue as a means, among

2. Reference to other international labour standards

3. Social dialogue (consultation and

collective bargaining) others, of finding solutions to questions related to the scope of the employment relationship at the national level.

Other related

Paragraphs of R198:

7(a), 11(c), 20

4. Specific policy measures

R 198 Paragraph 4:

National policy should

at least include measures to: (a) provide guidance for the parties concerned, in particular employers and workers, on effectively establishing the existence of an employment relationship and on the distinction between employed and self- employed workers;

R 198 Paragraph 2:

(...) Such law or practice, including those elements pertaining to scope, coverage and responsibility for implementation, should be clear and adequate to ensure effective protection for workers in an employment relationship.

R198 Paragraph 4:

National policy should

at least include measures to: (c) ensure standards applicable to all forms of contractual arrangements, including those involving multiple parties, so that employed workers have the protection they are due;

R 198 Paragraph 4:

National policy should

at least include measures to:(...) (g) provide for appropriate andquotesdbs_dbs3.pdfusesText_6