The autonomy/subordination dichotomy: a look in perspective

Abstract

Although it cannot be considered a distinction in rerum natura, the author believes that the distinction between subordination and self-employment is still fundamental today. The legislative changes that have taken place in the meantime, concerning, firstly, the introduction of coordinated and continuous collaborations, then that of hetero-organised collaborations, have not touched the traditional distinction between subordination and autonomy. This does not detract from the fact that there is a latent “qualifying tension” that emerged, in particular, with reference to the employment relationship of riders. Not even the adoption, by way of interpretation, of a broad notion of subordination has been able to ease the qualification problems. However, the continuing uncertainties of qualification do not lead the author to believe that the traditional distinction between subordination and autonomy should be abandoned. A labour law that merely attributed certain fundamental rights to all workers according to their condition of need or economic dependence would risk jeopardising the 'contractual rights' of the subordinate worker. It would be better, then, to call for an updating of the notion of subordination and to provide for additional protection measures for self-employment.

Keywords

• subordination
• self-employment
• contractual rights