The classification of employment relationships in Belgium. Issue 3 (September 2019)

• Record Type: Journal Article
• Authors: Wouters, Mathias
• Other Names: Countouris Nicola guest-editor.; De Stefano Valerio guest-editor.; Freedland Mark guest-editor.
• Is Part Of: European labour law journal. Volume 10:Issue 3(2019)
• Page Start: 198
• Page End: 218
• Publication Date: 2019-09
• Subjects: Employment relationship -- subordination -- economic dependency -- right to collective bargaining -- employing entity; Labor laws and legislation -- Europe -- Periodicals; Electronic journals; Periodicals; 344.40105
• DOI: 10.1177/2031952519864196
• Languages: English
• ISSNs: 2031-9525

Abstract

This chapter provides an overview of the characteristics of the Belgian employment contract and, in particular, of the concept of 'subordination'. After having painted a picture of what differentiates an employment contract from a contract for services, it, subsequently, assesses the classification of certain specific examples, such as self-employed persons with only one client. The role of economic dependency in the classification of working relationships is discussed by using these examples. The chapter furthermore emphasises the strong binary divide between employment and self-employment. It goes into more detail on the country's collective bargaining mechanisms for false and genuine self-employed workers. After having described the Belgian take on identifying the 'employing entity', the chapter finishes off by outlining the contemporary debate on the reform of the Belgian classification mechanisms.