The Same but Different: Regulating Zero Hours Work in Two Liberal Market Economies
, , , , , , and | Dec 30, 2019
About this article
Article Category: Research Article
Published Online: Dec 30, 2019
Page range: 3 - 15
DOI: https://doi.org/10.2478/ijm-2019-0002
Keywords
© 2019 Lorraine Ryan et al., published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.
Types of Contracts: UK and Ireland
| Country | Zero Hours Work | Employment Status | Key Legislative Regulations | Influence of National Context |
|---|---|---|---|---|
| Ireland | Zero Hours Contract where person has a contract of employment | Employee | Section 18 of 1997 Organisation of Working time Act. Entitlement to compensation | Pressure brought to bear by trade unions to legislate in 1997 under social partnership, Equally this pressure was moderated by pressure from employers groups resulting in exclusion of casual on call contracts from effects of legislation. |
| On call contracts where there is a ‘boilerplate clause’ emphasising lack of contractual mutuality of obligation in the relationship | Non-employee | None. These workers have been found to be outside the scope of much of the protective legislation New legislation remains to be tested but indications are such workers will continue to be unprotected. | Recent pressure from trade unions, NGOs and left wing political parties to introduce more robust legislation to include these workers. Opposition from employer groups. | |
| UK | Zero hours on call contracts | Disputed. Can be deemed a ‘worker’ or in more infrequent cases an ‘employee’ by the courts. Otherwise treated as an independent contractor with no access to legislative rights | Section 130 of the 1996 Employment Rights Act defines the ‘employee’ and ‘worker’ categories. | In public and parliamentary debates leading up to the drafting and passing of the legislation more wide ranging and robust measures were proposed. There was strong opposition from employer groups such as the Confederation of British industry (CBI) and the institute of Directors to legislation that would extend employment status and enhanced to zero hours workers beyond a ban on exclusivity clauses. The legislation finally introduced by the Tory/liberal coalition limited protection to a ban on exclusivity clauses. |