The construction of atypical working and community law

Abstract

There is much talk in labour law about 'atypical workers' and 'atypical working' and yet there is little agreement on how to approach and analyse the subject. Nevertheless, in the broadest terms it can be stated that most, if not all, writers at least agree that the sort of workers to whom the label 'atypical' can be applied are (1) part-time workers, (2) those on fixed term-contracts, (3) temporary workers including casual workers and (4) those who work through a temporary employment business (in the UK context often referred to as agency workers). The European Commission estimated in 1988 that around 20% of the workforce within the European Community could described as falling within this description of atypical working.