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Full-Text Articles in Labor and Employment Law
Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko
Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
The distinction between employees and independent contractors is crucial in determining the scope of application of labour and employment legislation in Canada, since the self-employed are, for the most part, treated as entrepreneurs who do not require the statutory protections accorded to employees. Yet statistics indicate that most self-employed people resemble employees more than entrepreneurs, in the sense that they are economically dependent on the sale of their labor and are often subject to inferior terms and conditions of work. Using four Canadian jurisdictions as a basis for this comparison, the authors demonstrate that there are wide variations in the …
Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko
Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
In this paper, the authors consider whether the contract of employment should continue to be the central platform for delivering employment- related rights and benefits, such as access to labour standards and collective bargaining legislation. Labour market analysis has traditionally distinguished between employment and self-employment on the basis of a dichotomy between subordination and autonomy. whereas employees subordinate themselves to their employer in exchange for income and job security, the self-employed forego these benefits in order to gain autonomy and control over the means of their own production. This distinction is reflected in, and reinforced by, the boundary drawn in …