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Research Paper

The Legal Concept of Employment: Marginalizing Workers

Judy Fudge, Eric Tucker and Leah Vosko (Biography)
October 2002

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Abstract

Acknowledgements

Executive Summary

Introduction: The Significance of the Legal Concept of Employment

Part One: Contested Categories: Defining Employees and the Self-Employed

1. Conceptual Confusion
   1. Sociology: Distinguishing Between Employees and the Self-Employed
   2. The Legal Definition of Employee
   3. Defining Self-Employment: Statistical Approaches

1. International Developments
   1. Trends
   2. Reasons for Growth
2. Self-Employment in Canada
   1. Patterns and Structure, 1976-2000
   2. A Portrait of the Self-Employed and Self-Employment
      1. Characteristics of the Self-Employed
      2. The Nature of Self-Employment: Hours, Income, Work Arrangements and Benefits
   3. Blurred Categories

1. Introduction
2. Common Law and Civil Law
   1. Common Law
   2. Quebec Civil Law
3. Collective Bargaining Law
4. Employment Standards Legislation
5. Human Rights and Equity Legislation
6. Occupational Health and Safety Legislation
7. Workers Compensation Legislation
8. Canada and Quebec Pension Plans
9. Employment Insurance
10. Income Tax
11. Conclusion

1. The Typology of Work Relations
2. Dimensions of Legal Regulation
3. Recommendations
   1. Social Justice
   2. Economic Terms and Governance
   3. Social Wage and Social Revenue
4. List of Recommendations