{"title":"“Legal certainty” for live-in work in Germany: A strategy for formalization?","authors":"Eva KOCHER","doi":"10.1111/ilr.12434","DOIUrl":null,"url":null,"abstract":"<p>Domestic workers who live in private households often lack access to decent work and labour rights. Formalization is widely understood as a normative strategy to improve working conditions. In Germany, the debate surrounding domestic live-in work has centred on “legal certainty” and this article discusses whether and how legal certainty could contribute to formalization. Legal developments (for example, in Austria) show that legal certainty can actually have the opposite effect, by disguising bogus self-employment more effectively. I argue that, similarly, not all claims to establish more legal certainty are likely to improve the situation of live-in care workers in Germany.</p>","PeriodicalId":47216,"journal":{"name":"International Labour Review","volume":"163 3","pages":"417-433"},"PeriodicalIF":2.8000,"publicationDate":"2024-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Labour Review","FirstCategoryId":"91","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/ilr.12434","RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"ECONOMICS","Score":null,"Total":0}
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Abstract
Domestic workers who live in private households often lack access to decent work and labour rights. Formalization is widely understood as a normative strategy to improve working conditions. In Germany, the debate surrounding domestic live-in work has centred on “legal certainty” and this article discusses whether and how legal certainty could contribute to formalization. Legal developments (for example, in Austria) show that legal certainty can actually have the opposite effect, by disguising bogus self-employment more effectively. I argue that, similarly, not all claims to establish more legal certainty are likely to improve the situation of live-in care workers in Germany.
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The International Labour Review is the world"s leading multidisciplinary journal of labour market institutions and economics. Its aim is to advance academic research and inform policy debate and decision-making in these fields by bringing together the original thinking of lawyers, economists, sociologists, political scientists and industrial relations specialists on a broad range of labour market policy and social protection concerns. The International Labour Review also features concise reports on current developments considered to be of particular interest to those working in these fields and reviews of recent major publications. It is committed to an editorial policy that combines accessibility with rigorous, insightful analysis and the highest scholarly standards.
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