The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws

Harpur, Paul and James, Phillip (2014) The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws. Comparative Labor Law and Policy Journal, 36 1: 111-130.

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Author Harpur, Paul
James, Phillip
Title The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws
Journal name Comparative Labor Law and Policy Journal   Check publisher's open access policy
ISSN 1095-6654
Publication date 2014
Sub-type Article (original research)
Open Access Status
Volume 36
Issue 1
Start page 111
End page 130
Total pages 20
Place of publication Champaign, IL, United States
Publisher University of Illinois, College of Law
Collection year 2015
Language eng
Formatted abstract
A key concept in labour and employment laws is the distinction between employment and other forms of work arrangements. Workplace laws generally presume non-employee workers, such as contractors, bailees, and franchisees are in commercial arrangements and provide such workers limited or no protection. The paper analyses how national OHS laws in Australia and the UK have sought to extend protection to those undertaking remunerated work in a relationship which is not governed by an employment contract, and considers their policy implications. This paper argues that the employment contract is simply one form of arranging remunerated work, and that law makers should embrace models that more accurately reflect sources of workplace vulnerability.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Fall issue.

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
 
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Created: Sat, 08 Mar 2014, 13:39:04 EST by Carmen Buttery on behalf of T.C. Beirne School of Law