The ‘gray’ area between employment and self-employment: legal approaches to formalizing informal work and reducing precariousness in the context of Macedonian labour law
Journal
IUSTINIANUS PRIMUS LAW REVIEW - Special issue - Vol.13 No.3 (2022)
Date Issued
2022
Author(s)
Ristovski Aleksandar
Abstract
The term ‘gray area’ is commonly used in literature to describe the space that is created
between ‘dependent’ work (employment) on the one hand, and ‘autonomous’ work (selfemployment)
on the other, and it usually refers to the following types of work: bogus selfemployment
or disguised employment relationship; intermediate, i.e. objectively ambiguous forms
of work (e.g. dependent self-employment); certain forms of work that involve multiple parties (e.g.
contracting-out or labour dispatch) and casual work.
North Macedonia is on the verge of adopting a new Labour Relations Law. In that regard,
dilemmas that are becoming increasingly relevant are: ‘what is the course taken by the Macedonian
labour law system concerning the global debate on redefining the boundaries of the traditional
binary system and expanding the protective framework of labour legislation’? ‘what types of nonstandard
forms of work that occupy the gray area between employment and self-employment can
be recognized in the Macedonian legislation and practice’? ‘whether and what regulatory measures
should be taken to address the disguised and objectively ambiguous forms of work and what are
the prospects for introducing new non-standard forms of work intended to formalize informal
employment and reduce precariousness’? Having in mind the previous dilemmas, the purpose of
this paper is to analyze the current situation, but also to address the trends and perspectives of
Macedonian labour legislation in the context of contemporary challenges in the world of work
between ‘dependent’ work (employment) on the one hand, and ‘autonomous’ work (selfemployment)
on the other, and it usually refers to the following types of work: bogus selfemployment
or disguised employment relationship; intermediate, i.e. objectively ambiguous forms
of work (e.g. dependent self-employment); certain forms of work that involve multiple parties (e.g.
contracting-out or labour dispatch) and casual work.
North Macedonia is on the verge of adopting a new Labour Relations Law. In that regard,
dilemmas that are becoming increasingly relevant are: ‘what is the course taken by the Macedonian
labour law system concerning the global debate on redefining the boundaries of the traditional
binary system and expanding the protective framework of labour legislation’? ‘what types of nonstandard
forms of work that occupy the gray area between employment and self-employment can
be recognized in the Macedonian legislation and practice’? ‘whether and what regulatory measures
should be taken to address the disguised and objectively ambiguous forms of work and what are
the prospects for introducing new non-standard forms of work intended to formalize informal
employment and reduce precariousness’? Having in mind the previous dilemmas, the purpose of
this paper is to analyze the current situation, but also to address the trends and perspectives of
Macedonian labour legislation in the context of contemporary challenges in the world of work
Subjects
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