Regulating labour at the border between employment and self-employment : An enduring challenge

The chapter examines the foundations and evolution of labour law in Europe, focusing on the dividing line between subordination and self-employment to explain the reasons and logic behind these developments. In light of this analysis, the chapter explores ongoing changes in the field, such as platform work and post-pandemic conditions. It identifies the primary function of labour law as governing power dynamics and analyses the tools still used to fulfil this function, particularly through the examination of judge-made law. The findings also illuminate the broader implications of the current legal framework for social law, collective action, working time, and workplace dimensions.