SEC. 2. Congressional Findings and Purpose SEC. 4. Applicability of This Act SEC. 6. Occupational Safety and Health Standards SEC. 7. Advisory Committees; Administration SEC. 8. Inspections, Investigations, and Recordkeeping SEC. 10. Procedure for Enforcement SEC. 12. The
Occupational Safety and Health Review Commission SEC. 13. Procedures to Counteract Imminent Dangers SEC. 14. Representation in Civil Litigation SEC. 15. Confidentiality of Trade Secrets SEC. 16. Variations, Tolerances, and Exemptions SEC. 18. State
Jurisdiction and State Plans SEC. 19. Federal Agency Safety Programs and Responsibilities SEC. 20. Research and Related Activities SEC. 21. Training and Employee Education SEC. 22. National Institute for Occupational Safety and Health SEC. 23. Grants to the States SEC. 27. National Commission on State Workmen's Compensation Laws SEC. 28. Economic Assistance to Small Businesses
SEC. 29. Additional Assistant Secretary of Labor SEC. 30. Additional Positions SEC. 31. Emergency
Locator Beacons The employment relationship is the legal link between employers and employees. It exists when a person performs work or services under certain conditions in return for remuneration. It is through the employment relationship, however defined, that reciprocal rights and obligations are created between the employee and the employer. It has been, and continues to be, the main vehicle through which workers gain access to the rights and benefits associated with employment in the areas of labour law and social security. The existence of an employment relationship is the condition that determines the application of the labour and social security law provisions addressed to employees. It is the key point of reference for determining the nature and extent of employers' rights and obligations towards their workers. The issue has become more and more important because of the increasingly widespread phenomenon of dependent workers who lack protection because of one or a combination of the following factors:
This is why points such as the following need to be addressed:
To address these issues, a general discussion took place on the scope of the employment relationship in 2003 and in 2006 the International Labour Conference adopted the Recommendation (No. 198) concerning the Employment Relationship. This Recommendation covers:
Conference Reports: Report V - ILC 91st Session, 2003 - The Employment Relationship Provisional Record No. 21, ILC 91st Session, 2003 - The Employment Relationship Report V (1) - ILC 95th Session, 2006 - The Employment Relationship Provisional Record No. 21, ILC 95th Session, 2006 - The Employment Relationship In preparation for these discussions at the ILC, the Office undertook a number of national studies that demonstrate that many workers suffer from a lack of protection arising from disguised or ambiguous employment relationships, relationships that fall outside the scope of legislation, are under-regulated, or are ignored by enforcement bodies. Country studies: Argentina (Español); Australia; Brazil (Portugués) ; Bulgaria; Cameroon (Français); Chile (Español); Costa Rica (Español); Czech Republic; El Salvador (Español); Finland; France (Français); Germany; India; Italy; Ireland; Jamaica; Japan; Korea; Morocco (Français); Mexico (Español); Pakistan; Panama (Español); Peru (Español); Philippines; Poland; Russian Federation; South Africa; South Africa (update); Slovenia; Sri Lanka; Thailand; Trinidad and Tobago; United Kingdom; Uruguay (Español); United States; Venezuela (Español). The ILO, furthermore, assists constituents in developing national policies and setting up monitoring and implementation mechanisms. It also promotes good practices at the national and international levels concerning the determination and use of employment relationships. |