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).

The right to fair remuneration for solo- entrepreneurs This project examines the situation of "solo-entrepreneurs" (delivery messengers, health care workers, 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 soloentrepreneurs' 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 in light of international human rights and EU law. The project will embrace a gender perspective as the issue of protection of solo-entrepreneurs to prevent exploitation cannot be considered as a gender-neutral matter. The project will take into account that in certain economic sectors, self-employed women are in the majority which includes for instance domestic personnel, human health and social work activities. The legal analysis will draw on international human and labour rights standards on a global and regional level - in particular relevant 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). Project Partner: Institute for Labour Law and Labour Relations in the EU, University of Trier, Germany. Duration 2 years Financed by the Austrian Science Fund and the German Research Society