Developments in the organisation of work make it necessary to question the traditional personal scope of labour law. Many self-employed workers share sufficiently many characteristics with employees to make a strong case for their inclusion in the personal scope of labour law. Genuinely self-employed workers are, however, not just workers, but commercial enterprises as well. A balance thus has to be struck between the conflicting regimes of labour law and commercial law, granting sufficient social protection to the self-employed workers while not destroying the competitiveness of his or her enterprise.
International Journal of Comparative Labour Law and Industrial Relations