Abstract
Taking parental protection rights as a clear-cut field of study, this article argues that there are significant protection gaps in the social rights and employment protection of the economically dependent self-employed. Their exclusion from employment protection can be justified as far as the protective purpose is tied to the personal subordination of the employee relationship. However, certain vulnerabilities arise not from personal, but from economic dependency, whereas the changing labour market and the growing area of precarious self-employment must be considered. Comparing the rights of working parents in Slovenia and Austria, we distinguish between employees and economically dependent self-employed persons in this specific area and point to challenges for the wider field of labour and social rights. The purposes of parental protection rights are diverse; they include health protection, guarantee social security and serve equal treatment purposes. Therefore, they represent an ideal field to discuss arguments regarding the inclusion or exclusion of the economically dependent self-employed into different protective frameworks.
Highlights
Why focus on the parental protection of economically dependent persons?Labour law protection for working parents allows them to take a break from work to devote themselves to their family responsibilities and protects them against dismissal during that time
As parental protection is granted mainly to workers engaged in the employment relationship based on an employment contract, people working on other legal bases, such as the self-employed, do not enjoy this protection
We suggest looking at parental protection of the EDS more closely, as the risk of not being covered by parental benefits, especially by maternity and paternity benefits, is high among the self-employed
Summary
Labour law protection for working parents allows them to take a break from work to devote themselves to their family responsibilities and protects them against dismissal during that time. There are national differences concerning the (partial) inclusion of the (economically dependent) self-employed across the EU, one of the main factors for eligibility is the distinction between the employee and the self-employed.23 To address this issue, we have analysed and compared the legal status and parental rights of the EDS in two neighbouring European countries, Slovenia and Austria. In the Slovenian social security system, all groups of the self-employed have the same legal status and are subject to compulsory insurance in all four existing social insurance schemes (pension and disability insurance, health insurance, unemployment insurance, and parental insurance) and have to pay social security contributions at least from the minimum insurance base.49 Their social security status is comparable to that of employees (working on the basis of an employment contract), and they are in principle entitled to all rights. Official Gazette of the Republic of Slovenia, No 26/14 of 14 April 2014; For a detailed insight into the Slovenian social security system, see Kresal, Barbara/Kresal Šoltes, Katarina/Strban, Grega, Social Security Law in Slovenia, Kluwer Law International; 4th edition, 2020
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