Economic Dependence and Parental Protection: A Comparative Analysis of Austrian and Slovenian Labour and Social Security Rights of Economically Dependent Self-Employed Parents

Abstract

Taking parental protection rights as a clear-cut field of study, this article argues that there are significant protection gaps in the social rights and employment protection of the economically dependent self-employed. Their exclusion from employment protection can be justified as far as the protective purpose is tied to the personal subordination of the employee relationship. However, certain vulnerabilities arise not from personal, but from economic dependency, whereas the changing labour market and the growing area of precarious self-employment must be considered. Comparing the rights of working parents in Slovenia and Austria, we distinguish between employees and economically dependent self-employed persons in this specific area and point to challenges for the wider field of labour and social rights. The purposes of parental protection rights are diverse; they include health protection, guarantee social security and serve equal treatment purposes. Therefore, they represent an ideal field to discuss arguments regarding the inclusion or exclusion of the economically dependent self-employed into different protective frameworks.