The Independence Test as a Mechanism for Detecting the Misuse of Contractual Engagements of Individuals Outside Employment Relationships

Author:
Digitalna Zajednica
Year:
2025
Project:
New employment: Promoting rights of digital workers in Serbia
Language:
SRB

The practice of engaging workers through contracts outside of employment relationships, with the aim of avoiding statutory obligations toward employees, is increasingly present in the modern business environment. This problem has become particularly pronounced with the growing popularity of work through digital labor platforms — both those through which ‘online work’¹ is organized, and those where work is performed at a physical location (hereinafter referred to as ‘on-location work’²).

Digital labor platforms frequently engage workers through service contracts or copyright/authorship contracts, even though these workers continuously perform work through the platform, which significantly influences the organization and conditions of their work. Such contracts allow employers and platforms to reduce labor costs and maintain greater flexibility in dismissing workers, while workers are left without basic rights, such as sick leave, annual leave, guaranteed minimum wage, and the like.

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