ITC-ILO training course: “Evolving forms of employment relationships and decent work”
PRE-COURSE QUESTIONNAIRE
NAME:
COUNTRY:
INSTITUTION:
I. Non-standard employment relationships
1) What are the main forms of ‘non-standard’ employment in your country?[1]
2) Are there any groups more represented than others in ‘non-standard’ employment relationships in your country (e.g. women, migrants, youth etc.)? Which ones?
3) In your country, which occupations and economic sectors have higher incidences of ‘non-standard’ employment?
4) Do workers in ‘non-standard’ employment relationships face any challenges? If so, please identify those faced by each of the main non-standard forms of employment relationships you have identified in terms of:
i. De jure and de facto legal protection (lack of protection or lower protection). Please specify the areas of lack or lower protection (e.g. fundamental rights, termination of employment, working conditions, access to social protection, etc.)
ii. Other aspects you may want to single out
II. Fixed-term work
5) Does the law of your country provide for equal treatment of fixed-term and permanent workers?
6) Does the legislation or case law of your country establish limitations to the recourse to successive fixed-term contracts?
III. Part-time work
1) Does the law of your country provide for equal treatment of full-time and part-time workers?
2) Are there any provisions in national law regarding the situation where an individual worker wishes to change from full-time to part-time work (or vice versa)?
3) Have there been cases brought under gender equality laws challenging less favourable treatment of part-time workers?
IV. Agency work
1) According to your country’s law, who should be treated as the liable employer(s)?
2) Is the legislation in your country providing for equal treatment of agency workers and user enterprise workers?
3) Is agency work authorized for all occupations or is it limited to certain specific posts and/or industries and/or to certain duration?
4) Are agencies licensed or being required to register?
5) How is collective bargaining organized for agency workers?
6) Do they bargain with the user enterprise or with the agency? At which level: industry or company?
V. Ambigous and disguised employment relationships
1) According to your country’s legislation and case law, how is the existence of an
employment relationship determined? Which criteria and/or legal techniques
are used?
2) What has been the most recent or the most influential court decision on ambiguous or disguised relationship in your country?
VIII. Your institution
Has the institution you belong to addressed any of the challenges relating to the protection of workers in non-standard employment relationships? Which situations have been addressed and how?
1
[1] Standard employment relationships are defined as full-time, bilateral, permanent employment relationships characterized by the performance of work in the employers’ premises and under the employers’ direct supervision.