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BARANCOVÁ, H.: Term of Employee in
European Digital Perspective.
Právny obzor, 101, 2018, č. 4,
s. 327 – 344.
Abstract. The current
economic development and the dynamically evolving digitization of production
bring about new types and ways of performing work, which, according to the
status de lege lata, do not correspond to the necessary legal characteristics of
the wage labour. These new types of work are neither entrepreneurial nor the
person performing them can be haracterised as self-employed. Persons working in
new work models do not yet have the necessary legal protection either as
employees or as self-employed workers. The emergence of new working models under
the influence of digitization challenge the labour law with essential issues,
which also lead to a re-evaluation of the existing legal definition of the
employee or the legal definition of wage labour. The need to re-evaluate the
current concept of employee is also raised in the light of the most recent
case-law of the Court of Justice, which defines the term worker in a much
broader sense than it is defined by the Section 1 of the Slovak Labour Code. It
follows from the analysis that, from the point of view of the considerations de
lege ferenda, it would be necessary to extend the concept of employee as defined
by the Slovak Labour Code as well as the concept of wage labour. The second
alternative would be to define, in addition to the existing concepts of employee
and wage labour under the Labour Code, the status of economically active
employees, which would fall under the scope of the Labour Code, their
relationship would be more flexible than the employment relationship and would
be characterised by a lower level of protection compared to employees engaged in
a typical employment.
Key words: Labour Code,
term of “employee”, self-employed person, term of “dependent work”, atypical
kinds and methods of work, digitization of work
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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