The right to adequate remuneration for ´solo-entrepreneurs´

This project examines the situation of solo-entrepreneurs (delivery messengers, taxis drivers etc.) and their precarious negotiation position which hinders them to work under fair conditions. As solo- entrepreneurs are economically dependent on their clients, imbalances of power between them may affect their ability to freely negotiate the terms of their contracts. Hence, securing adequate standards of living and protecting themselves from labour exploitation can be difficult. The project will analyse international and European human rights law, as well as Austrian and German legislations. It will also assess possible tensions between international obligations relating to solo-entrepreneurs rights and European Union (EU) law. The project focuses on four objectives: (1) identifying legal obligations of States under international and European human rights law to protect solo-entrepreneurs and possible individual, collective and social approaches to prevent exploitation of solo-entrepreneurs (2) analyzing the implementation of international human rights obligations that would enhance the protection of solo-entrepreneurs at national level in Austria and Germany, (3) assessing the implementation of international human rights obligations in line with European Union law and (4) developing targeted legal recommendations on how to address the situation of self-employed persons in light of international human rights and EU law. The legal analysis will draw on international human and labour rights standards on a global and regional level in particular the International Labour Organisation (ILO) conventions or the European Social Charter and provide a case law analysis of the respective judicial and non-judicial bodies. The case studies on Austria and Germany will be based on analyses of relevant national legislation and court decisions. As a last step, the analysis will examine jurisprudence of the Court of Justice of the European Union (CJEU).

No additional funding sources recorded.