Collective labour rights of self-employed persons: a comparative approach

The aim of this paper is to analyse collective labour rights of self-employed persons under the Spanish Statute of Self-Employed Workers. It shows that among all self-employed workers, only economically dependent self-employed workers are granted the right to bargain collectively. However, in practice, collective bargaining is stymied mainly because it takes place only at the enterprise level, and because the number of economically dependent self-employed workers is minimal. Thus, collective labour rights under the Statute could be better protected. On the other hand, in Poland, the lack of any criteria that would enable a diversification of the scope of collective rights granted to self-employed persons is subject to criticism. It appears that in some areas the legislator shall differentiate the scope of protection. The criterion of economic dependence, which exists in Spanish law, could be successfully used for this purpose.