Working conditions of many self employed workers are

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Working conditions of many self-employed workers are inferior to paid employees o They are less likely to have access to training, earn overtime pay or receive maternity, parental, or sick leave. o They report longer working hours than paid employees. o They have greater autonomy than employees along the dimensions of control, pace, and work duration. Self-employed range from high-income professionals who employ others to the child-care provider who employs no one and works out of her home. The majority of self-employed in Canada resemble employees more than entrepreneurs. o Problem is that both own-account and employer self-employed are classified for legal purposes as independent contractors. The International Labour Organization (ILO) made its 1998 Declaration of Fundamental Principles Rights at Work o Provide opportunities for both women and men to obtain decent and productive work conditions of freedom, equity, and security. o Amartya Sen: It applies to all workers, not just workers in the organized sector to wage employment but also to homeworkers and the self-employed. and Self-Employment (Entrepreneurship)
o Is this natural? How widespread is it?
The Personal Scope of Employment and Labour-Related Law and Legislation o Common Law Distinction between employees and independent for 2 principal reasons: vicarious liability and wrongful dismissal . Courts have held employers to be vicariously liable to third parties for the negligence of employees but not of independent contractors. Held that an implied term of contract of indefinite hiring is that such contracts can be terminated only by reasonable notice, absent cause, or a binding contractual provision, but they have not generally implied a right to notice in contracts for service. Ontario Court of Appeals held in 1936 that the legal categories of employee and independent contractor did not completely occupy the broader field of contractual relations for the performance of work. Case of an intermediate nature . Master and servant relationship was non-existent, but where a notice requirement might be implied. Jurisprudence has been developed to identify cases of non-employment where a right to termination notice is implied, taking into account factors such as permanency, exclusivity, investment, risk, and business integration. In the early 20 th century, courts looked primarily at the issue of control over the manner of doing the work. Lord Denning’s Organization Test Focus of this inquiry is the extent to which the work performed is an integral part of the employer’s business. Gained widespread acceptance in Canadian courts. Control continues to be a factor in determining employment status, but what is meant by control depends on the nature of the work.

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