Regulating new ways of working

Abstract

This contribution aims to critically reflect on the scope of labour law and the evolving discussion on new worker categories. The debate is, however, extended to the broader question of the modernisation of labour law. New forms of work have emerged in light of recent evolutions on the labour market. The rise of ‘autonomous workers’ and ‘dependent self-employed’ persons raises a series of new questions. In light of this, the main proposition in this contribution is that we need to reflect on the changes taking place in both new and traditional workplaces, and that we need to distinguish two major questions: 1) To whom should labour law apply? 2) What labour law should be applicable? In discussing new forms of work, these questions are sometimes confused and result in a misleading debate. The contribution looks into new ways of working, a concept derived from management and human resources literature. The perspective is borrowed not only to clarify the issues but also to start talking about the ‘new how’ in labour law.