Equal Treatment of Atypical Workers: A New Frontier for EU Law?

Summary:

This article examines the rules on non-discrimination against atypical workers, then the closely connected EU legislation on other aspects of employment and discrimination law and the relevant case-law.

In order to address the specific issues of worker protection that are raised by non-standard forms of work, the European Union (EU) has adopted three measures concerning ‘atypical’ workers. To protect the atypical workers directly from abusive conditions of employment, and to protect workers with standard employment contracts indirectly from being undercut by atypical workers, each of these measures contains important provisions banning, in principle, discrimination against atypical workers as compared to workers with standard employment contracts.

The article advocates a consistent and systemic approach to interpreting these rules, which would simultaneously bolster their social objectives and reduce undue legal complexity.