Ten Trade Union Actions - Inclusive Cities

The worker will advance facts that areindicative of the existence of an employmentrelationship. The employer or contractorwill advance facts that are indicativeof self-employment. If the judgeestablishes subordination, the labour lawapplies. In that case the worker is protectedby the labour law.Exercice 2.3By means of the checklist below, the trade union can help workers determinetheir legal status. It make sense to complete or refine this list on the basis of thenational jurisprudence and literature. Lawyers and academics from the owncountry can help with this.Check for a concrete group of workers if the aforementioned elements apply tothem. One or more indicators combined can point to the existence of an employmentcontract. In that case it is possible to plead for application of the nationallabour law.❍ The worker is part of the organisation of the employer.❍ The worker runs no personal financial risk when carrying out the work.❍ The worker receives a fixed remuneration.❍ The worker has no own materials or equipment at his or her disposal.❍ The employer determines the working hours.❍ The employer gives instructions about the way the work must be carriedout.❍ The employer controls the work and is able to punish shortcomings.❍ The employer supervises the work.❍ …If none of these indicators apply, we are dealing with self-employed work. Inthat case the labour law offers hardly if any protection. Other forms of protection(e.g. civil law or commercial law) are possible, however.15