自营职业的好处(和坏处)

IF 2.9 1区 哲学 Q1 ETHICS Journal of Political Philosophy Pub Date : 2023-03-16 DOI:10.1111/jopp.12287
Jahel Queralt
{"title":"自营职业的好处(和坏处)","authors":"Jahel Queralt","doi":"10.1111/jopp.12287","DOIUrl":null,"url":null,"abstract":"<p>Self-employment, which accounts for one in seven workers in OECD countries, has ceased to decline in recent decades and is now growing in these countries.1 It comprises shop owners, restaurateurs, consultants, lawyers, and an increasing number of unskilled workers in industries like construction and transportation, in which self-employment was unusual in the past.2 Yet these workers, the vast majority of whom do not employ others, have meagre access to social protection. In some countries, the self-employed are legally excluded from unemployment, sickness, and occupational injury benefits—the three areas of social protection that, retirement pensions aside, self-employed workers value most.3 And in other countries they become de facto excluded because, despite having statutory access to these benefits, the eligibility requirements to accrue them are tailored to waged work.4 Unprotected exposure to social risks makes self-employed workers, on average, three times more likely to become income-poor than their salaried peers.5</p><p>Over recent years, the working conditions and social protection of the self-employed have gained ground in public policy debates. A growing consensus exists among practitioners and policy-makers on the importance of strengthening the social protection of the self-employed in four ways. One is to offer them unemployment benefits in order to protect them from poverty in the event of bankruptcy. Another is to secure them access to insurance for occupational diseases and injuries. The third is to grant them adequate protection from day one in case of sickness. The fourth and final way is to give them access to benefits and measures that allow for a better work–life balance, including maternity, paternity, and caregiver leave. Moreover, as part of the implementation of the European Pillar of Social Rights, the European Commission has recently put forward a proposal that encourages EU member states to offer adequate social coverage to self-employed workers.6</p><p>The debate over these measures, however, has lacked normative input thus far. Even though self-employment was a central concern for pre-industrial thinkers like James Harrington, Adam Smith, and Thomas Paine, who conceived of it as an alternative to the ‘servile dependency’ that waged work involved, recent philosophers have largely overlooked it.7 The burgeoning philosophical analyses of work have paid scant attention to the nature and value of self-employment, nor to the normative significance that the distinction between self-employment and employee work may have for the legal and social protection that self-employed and waged workers are due.</p><p>This neglect may be explained by the tendency in recent philosophy to embrace a <i>corporatist paradigm</i> of working relations—a paradigm that equates work with employment, usually in large firms, and neglects self-employment and other non-standard forms of work. This is clearly true of philosophers working in the Marxist tradition, who conceive of workers as a class of waged earners compelled to sell their labour force to capitalists.8 But it is also true of neo-republican philosophers, who typically focus on the domination to which workers may be subject under the managerial authority of their employers,9 and of liberal egalitarians, who have recently centred their attention on how subordination to an employer may be compatible with the basic liberties of employees.10</p><p>The corporatist paradigm has two serious limitations. First, it sits uneasily with the reality of existing labour markets, in which standard employment coexists with a growing myriad of non-standard forms of work, including self-employed, gig, and multi-party work. Second, it is blind to pressing moral questions that fall outside the scope of standard employment relationships, such as the moral obligations that firms might have towards independent contractors, the self-exploitation of mom-and-pop owners that may result from market competition, the risks that algorithmic management may impose on gig workers, and the protection that informal self-employed workers in poor economies may deserve. These problems affect a substantial portion of the global labour force, and they are not bound to fade away. It is time for the corporatist paradigm, then, to give way to a non-wage-centred view of work: one that appropriately accounts for self-employment and other forms of non-standard work.</p><p>This article takes some first steps in this direction by focusing on the moral significance of self-employment. It seeks to explore the extent to which self-employed work may offer adequate opportunities to realize goods traditionally associated with waged work. Identifying such goods has become central to the debates over what makes (waged) work decent or meaningful, and worthy of protection as a result—with scholars and policy-makers offering a diversity of views of the pecuniary and non-pecuniary goods that work may deliver. For example, whereas economists tend to focus on earnings and benefits,11 sociologists and philosophers often centre on the non-economic dimensions of work, including autonomy, self-realization, and socialization.12 Such goods operate, in these analyses, as normative standards for assessing different work arrangements. Inspecting whether self-employed work may also realize them is critical, then, to assessing whether self-employment merits protection—without prejudice to the independent reasons we may have to protect it. If, for example, self-employment happens to deliver such goods, then we may have pro tanto reasons, whose stringency will depend on how successfully self-employment delivers them relative to employee work, to improve access to protection for the self-employed, making it easier for those with a preference for self-employment to go solo as a result.</p><p>The article proceeds as follows. After offering a two-dimensional account of self-employment in Section II, the remainder of the article examines the link between self-employment and three of the core goods of work: autonomy, self-realization, and self-provision. Sections III and IV inspect the non-pecuniary goods of autonomy and self-realization, respectively. Work may no doubt provide a wider range of non-pecuniary goods—for example, it may often improve health, marriage prospects, and family stability compared to joblessness. Yet the reason for focusing on autonomy and self-realization is not just that these are among the core goods of work, as their salience in philosophical and sociological analyses suggests. It is also that they encompass other narrower goods—such as self-direction and self-sufficiency in the case of autonomy, and social contribution and recognition in the case of self-realization—which loom large, given their significance, in recent scholarly and political debates on the value of work. Section V turns to a pecuniary good: the economic capacity to fend for oneself and one's family—or self-provision, as I label it—in an attempt to capture what is normatively significant about earnings.</p><p>The conclusions I draw, albeit tentative, favour improving the social protection of the self-employed. I first argue that self-employed workers are both less and more autonomous, as it were, than those who work for an employer, as self-employment may sometimes lessen the off-duty autonomy that people acquire <i>through</i> work. Yet it significantly increases workers’ autonomy <i>within</i> work. And I also argue that self-employment, although <i>unnecessary</i> for attaining self-realization and self-provision, is <i>distinctively useful</i> for securing each of these goods, under plausible, far from outlandish, conditions.</p><p>Before proceeding, two caveats are in order. First, the arguments I develop here do not entail that self-employment should be <i>promoted</i>, in the sense that workers should be <i>conditioned</i> or <i>induced</i> to develop a preference for self-employed work.13 They rather seek to show that, under actual circumstances, yet also under an wide range of neighbouring ones, some individuals have reasons to engage in independent work, and that this decision deserves adequate social <i>protection</i>, so that those with a preference for self-employment have suitable opportunities to realize this preference without incurring unbearable risks.</p><p>Second, although the arguments I develop apply both to the self-employed who work on their own and to those who employ others, it is worth teasing these two categories apart. For one thing, improving the social protection of solo self-employed workers (that is, those who have no employees) has greater urgency. This is not only because solo self-employed workers account for more than three quarters of the self-employed,14 it is also, and chiefly, because they are in a more precarious situation, in terms of earnings, financial security, and job stability, than self-employed employers. For another thing, social contributions, which are the counterpart of social benefits, tend to be higher in the case of self-employed employers, who are usually among the high-earning self-employed.15 Whom we should prioritize among the self-employed, and how we should fund their benefits, are questions to be addressed separately, once we have answered the question of whether the social protection of the self-employed merits improvement.</p><p>The concept of self-employment is not neat. The definitions we find in our legal systems lack the consistency of those of waged or employee work. Take, for example, the 1993 International Classification of Status in Employment (ICSE-93), which the International Labour Organization has long endorsed. According to this classification, which is the standard that national statistical systems still most widely use, the self-employed are those workers who are not compensated with a salary. They instead work for profit, in the sense that their income directly depends on the revenue that their productive activity may generate, being more exposed to market risks than waged workers as a result. Compare, for example, the self-employed owner of a beer garden, who will lose her clientele and make no money on a rainy day, with her employed waiters, who will take home a day's wage despite having spent the day sitting on their hands.</p><p>Yet an exclusive focus on the <i>for-profit</i> dimension of work, which the ICSE-93 exemplifies by limiting the self-employed to the residual group of workers who do not earn a wage, is insufficiently discriminating. It misclassifies a number of workers who, although working for profit, have much in common with wage labourers. One example of this misclassification is that of dependent contractors, who provide goods and services for a single client with whom they have a commercial agreement. Another example is that of contributing family members who work without a contract in family businesses run by the head of the family. Like employees, these workers are under the authority of someone else—the single client or the head of the family—who restricts their autonomy in many aspects of their work.</p><p>A more nuanced definition of self-employment, which the International Labor Organization's (ILO) 2018 update of the International Classification of Status in Employment (ICSE-18) incorporates, considers a second dimension as well—namely, that of <i>independence</i>. According to the updated definition, a major difference between self-employed and employed workers is that the self-employed, unlike employees, are not subordinated to the authority of a boss. Self-employed workers are free to decide basic aspects of their work, such as when, how, and with whom to work, whereas employees are not. This is a definition that is increasingly used in various jurisdictions to reclassify bogus self-employed workers as employees, and to extend certain employee rights, like sick pay and paid holidays, to dependent contractors on the grounds that, despite their being legally classified as self-employed, they lack autonomy in how to run their businesses, as well as the authority to hire and dismiss staff.16</p><p>Considering these two dimensions—profit and independence—we can define <i>genuine</i> self-employed workers as those who <i>earn their income</i> by engaging in independent productive activity at their own risk.17 This allows us to distinguish the self-employed both from standard wage workers, who engage in dependent work for a salary, and from intermediate categories that sit uneasily between self-employment and waged work. These categories do not only include the above-mentioned cases of dependent contractors and contributing family members. They also include employers who, despite earning a salary from their own business, are independent enough to have a work experience that is closer to that of their self-employed peers. And they also include members of worker cooperatives who, despite having collective ownership and control of their business, are subordinated to the authority of the management of the cooperative, and enjoy less <i>individual</i> control over their working conditions than self-employed workers do.18</p><p>As an initial exploration of the nature and value of self-employment, this article sets aside the complexities that borderline cases, such as those of dependent and bogus self-employment, may pose. It rather focuses on whether, and on what grounds, the decision to engage in genuine self-employment deserves better protection than it currently has. In order to address this issue, the next three sections examine the value of self-employment as a vehicle for attaining three core goods of work: those of autonomy, self-realization, and self-provision. As noted above, these goods may not cover the full gamut of goods that can make work valuable. Yet it is hardly controversial that their absence entails serious work deficiencies, such that if, for example, self-employment happens to poorly secure them, it then becomes inimical to good work—and the reasons to protect it accordingly diminish in stringency.</p><p>Analyses of autonomy at work tend to focus on the extent to which workers exercise <i>self-direction</i> or control over their working conditions, including their schedule, tasks, and workload. Karl Marx famously diagnosed the alienation of the proletariat on the grounds that the capitalist division of labour dispossesses workers of control over production.19 And Max Weber warned of the impact that the bureaucratization of economic activities and organizations could have on workers’ control over their jobs.20 These analyses home in on workers’ degree of autonomy <i>while at work</i>. But the significance of autonomy at work is also prior and subsequent to work performance. It is <i>prior</i> because the decision to take one particular job instead of another can be more or less autonomous. And it is <i>subsequent</i> because one of the rewards of work is the off-hours autonomy that we may acquire through it. This section inspects the extent to which self-employment may foster or stifle these three dimensions: (a) autonomy within work, (b) autonomy in one's choice of work, and (c) autonomy through work.21 As we will see, the self-employed are more autonomous than their salaried peers in some, yet not all, of these dimensions.</p><p>One reason why people enjoy working, when they do so, is that it brings self-realization, which I shall now analyse. Before inspecting the ways in which self-employment may be conducive to self-realization, however, let me briefly consider why work, unlike other neighbouring activities, offers a privileged context for accessing it.</p><p>An activity is a potential source of self-realization if it has two central features.47 First, it involves the exercise and development of valuable skills and capacities that people choose to develop. Second, its execution lends itself to positive appraisal by others. Thus, private activities that involve the development of chosen capacities in a way that is not public, such as training one's ability to enjoy wine, may lead to gratifying experiences of consumption, but not to self-realization proper.48 Call these two requirements the <i>self-development</i> condition and the <i>social recognition</i> condition, respectively.</p><p>Work is an important vehicle for self-realization because it often meets these two conditions.49 It requires developing valuable skills and abilities, like hand–eye coordination skills, with the purpose of producing goods and services that others value, like fixing patients’ heart valves or installing hardwood floors. To be sure, certain forms of leisure and personal interactions can also meet the two required conditions. For example, some may achieve self-realization by cooking risotto for friends, or by playing the trombone in amateur jazz bands. But work is special in this respect, in two senses. The first is that developing skills takes up a lot of time, and most of us spend half of our waking time at work. This makes self-realization through hobbies and other activities more difficult and less likely to occur.50</p><p>The second sense in which work is special is that it offers, when paid, a particular kind of affirmation of our contribution to the well-being of others. Each market exchange can be portrayed, Adam Smith noted, as ‘give me that which I want, and you shall have this which you want’.51 When others are willing to pay for what we produce, they recognize us as someone who makes a valuable contribution to them, which furnishes us with a unique sense of being valued.52 This is not to say, of course, that markets are faultless in this respect. Existing markets often undercompensate, or fail to compensate altogether, some valuable contributions, such as care work and scientific research—hence the need, many argue, to publicly fund such activities. And, conversely, the market often rewards telemarketing, brand management, and other ‘bullshit jobs’, as David Graeber labelled them,53 which nobody, not even those who perform them, finds valuable. But the fact remains that people convey, through their spending choices, how much they are willing to sacrifice to acquire a particular good or service and, in so doing, they signal, as imperfectly as it may be, a positive valuation.54</p><p>Of course, not all paid work leads to self-realization. Much work does not meet the self-development condition either because of its <i>content</i>—for example, assembly-line work that leaves little room for self-direction and skill-development—or because of its <i>conditions</i>—for example, short-term contracts that give workers little time to acquire and develop skills. And there is also work that fails to meet the social recognition condition because its compensation is low, which may signal, sometimes inaccurately, that its social value is likewise low. Moreover, some work, as in the cases of the bullshit jobs just mentioned, fails to meet both the self-development condition and the social recognition condition.55</p><p>But how does self-employment bear, we may wonder, on the conditions for self-realization? Take the case of someone who wants to develop good hair-cutting skills and become a hairdresser. What matters for her self-realization is that she has opportunities for making a living from cutting people's hair. And for that, some may argue, owning her own beauty salon seems unnecessary, as she could always get a job as an employed hairdresser. This argument is unsound, however, as it ignores the fact that some work preferences are <i>easier</i> to satisfy when ample opportunities for self-employment are available. This can happen for various reasons, some more dependent on labour market contingencies and others less so.</p><p>Let us start with reasons that depend on market contingencies. One such reason is that, in certain industries, opportunities for waged work may be scarce—or scarcer than opportunities for self-employment in any event. For example, given that openings to work as a translator are often scarce, freelancing offers would-be translators opportunities to develop their skills and elicit appreciation for their work. Another reason is the greater freedom that self-employment often offers to pursue specific projects. For example, in countries where self-employed workers’ scarce social protection makes opening a hairdressing salon too risky for most, a would-be hairdresser may be able to work as an employed hairdresser. But if she wants to be a dreadlock hairdresser, then she is at the mercy of whether her employer also sees dreadlock hairdressing as good business. If her employer does not, then opening her own salon may be the easiest option for her to self-realize. Neither of these two kinds of reason establish, to repeat, that self-employment is <i>necessary</i> for self-realization, as they hinge on contingent facts about existing markets. What they establish at most is that, given how resilient some of these facts are, self-employment is <i>highly useful</i> for some people to achieve self-realization under existing and modally nearby circumstances.56</p><p>Other reasons, however, are less dependent on market contingencies, as there may be something about working for oneself that makes it distinctively apt, independently of market eventualities, for self-realization. Consider Tomasi's famous example of Amy, a college dropout with a job as a pet groomer who manages to start, through hard work and savings, her own business.57 Although Amy still spends her days catering to the bathing and grooming needs of pets, she is now the proud owner of her shop. Each time she goes home, after a long day of work, she is delighted to read her name up on the sign: Amy's Pup-in-the-Tub. Tomasi does not elaborate further on this example. Yet he prompts us to think about what this new status means for Amy, and how it may bear on the two requirements of self-realization—those of self-development and social recognition—introduced above.</p><p>Let us take self-development first. Does self-employment require specific skills? After all, an important part of Amy's working day consists in bathing and grooming pets, just as she did as an employed groomer. Yet, as the owner of her shop, she also has to keep the books, publicize the shop, direct employees, and teach the craft to apprentices, among countless other tasks. Running her own shop comes with an individualized responsibility for its success, and although some may prefer to delegate such responsibility, others may welcome it. In sum, Amy has good reasons, virtue ethicists could say, for wanting to develop and exercise her entrepreneurial skills.</p><p>On this view, the disposition to seek mutual benefit in the market is likely to foster market virtues.58 Two such virtues are imagination and alertness to others’ needs, both of which are needed to meet existing demand. ‘Every manufacturer knows and feels’, W. S. Jevons reckoned, ‘how closely he must anticipate the tastes and needs of his customers: his whole success depends on it’.59 A third virtue is trustworthiness—or ‘probity’, as Adam Smith calls it.60 Given that commercial transactions depend on trust, building a reputation as reliable and honest may lead, in the long run, to higher gains than giving, as Smith notes, ‘any ground for suspicion’.61 Whether or not she is motivated by the pursuit of these virtues, Amy may value her entrepreneurial skills just as much as her grooming skills, and this is where the significance of being able to develop both lies.</p><p>Let us consider social recognition next. Does self-employment entail a closer connection between one's work and others’ appreciation of it? Compare a worker in a high-end shoe company, where she cuts the leather that co-workers later use to make moccasins, with an artisan who produces moccasins herself. Assuming that both types of moccasins sell similarly well, making the two workers similarly believe that their contributions are valuable, many would nonetheless share the intuition that the artisan has further grounds to see in consumers’ choices an appraisal of her work.</p><p>For one thing, the artisan may have <i>greater proximity</i> to her consumers if they are able, for example, to purchase the shoes at her atelier, conveying their satisfaction directly to her. The employed worker, by contrast, has no interaction with the customers, who may not even recognize her as the producer of what they buy. It is true, of course, that the employees working for the artisan at the atelier have no less proximity to customers than the artisan herself does. But the artisan still has <i>greater control</i> over the final product, including which colours and types of stitching to use, which results in a tighter link between her work and what consumers buy. The artisan's employees may contribute decisively to the final product. Yet the shoes that the atelier sells are, in a relevant sense, the artisan's shoes—an intuition that can be partly explained by the connection between proximity and control. The artisan's closeness to her customers offers her first-hand information about their preferences, which informs the decisions she may make about the features of the shoes she produces. The upshot is a stark contrast both with the employees at the atelier, who have proximity but lack final control over which colours or stitching to use, and with the employees in the shoe factory, who lack both proximity <i>and</i> control.</p><p>In sum, opportunities for self-employment may be crucial for the self-realization of those who (a) have preferences for occupations that the labour market, because jobs in such industries are scarce, cannot meet, or (b) have preferences for developing specific skills that are best fostered by independent work. But self-employment may be unsuitable, it should also be noted, for people whose self-realization hinges on socializing and cooperating with others towards a joint goal,62 or on developing skills that require the supervision that characterizes waged work, such as building bridges or playing in an orchestra.63</p><p>Self-provision figures prominently among the goods of work. It is a central dimension of the right to work, which in its formulation as a human right seeks to ensure that everyone has ‘the opportunity to <i>gain his living</i> by work which he freely chooses or accepts’,64 and that every worker has ‘just and favourable remuneration <i>ensuring for himself and his family</i> an existence worthy of human dignity’.65 Thus, low-income work that fails to secure self-provision is a serious injustice, which governments address using measures such as minimum-wage laws. To be sure, not everyone has to work in order to survive. Some can sit on their inheritance, or rely on their rents, and do nothing. Yet paid work offers the most reliable means to make a living for most. When opportunities for remunerative work are scarce, economic and life prospects become grim.</p><p>Self-employment is vital, as a matter of fact, for the creation of work opportunities and to ensure self-provision. In affluent countries, solo self-employment and work in small firms, which self-employed workers usually start and run, account for 57 per cent of total employment. And in low- and middle-income countries, this share is much larger, approaching nearly 100 per cent of the labour force in many countries in South Asia, Africa, and the Middle East.66 Policy-makers often agree that supporting self-employment and small businesses should be a core strategy of economic development.67 There are two cases in which self-employment opportunities are particularly relevant.</p><p>The first case concerns contexts in which employee work opportunities are scarce. In developed economies, economic crises often drive workers into self-employment to avoid joblessness.68 In less-developed economies, by contrast, job scarcity is the norm, with millions of workers, including three-quarters of the workforce in Africa and two-thirds in South Asia,69 being pushed into informal self-employment due to a lack of job opportunities.70 Moreover, the weak enforcement of labour standards often means that the few jobs that are available involve poor and risky working conditions, such as serious health and safety hazards, unreasonable schedules, and meagre wages. Self-employment, then, offers a way out of destitution without having to endure the risky and precarious conditions of employee work.71</p><p>The second case concerns the disadvantages that specific groups, like immigrants and workers with disabilities, may endure in the labour market. For example, the opportunities and economic prospects of native citizens and immigrants, empirical studies suggest, are unevenly allocated, with immigrants more likely to be unemployed or poorly paid.72 This gap often results from discriminatory practices.73 Even when such practices are properly addressed, though, factors such as lack of skills and poor knowledge of the local language and local labour markets often limits the supply of well-paying jobs available to immigrants, rendering self-employment a good alternative for making ends meet.74 Workers with disabilities, meanwhile, often turn to self-employment not only as a result of employer discrimination,75 but also because it offers the best way to accommodate their special needs, to which employers are rarely sensitive enough.76</p><p>Consider two objections, however. The first admits that self-employment and small businesses account for the lion's share of existing jobs, but argues that waged work in larger firms is preferable, and should be fostered instead, because it provides better livelihoods. This is so because, among other things, small firms display higher rates of job destruction.77 They have lower productivity levels, which result in lower salaries—between 20 and 30 per cent lower, according to the ILO.78 And they display much higher incidences of health problems and occupational accidents, with fatal injuries being up to eight times more likely in small firms than in large ones.79 Small is not necessarily beautiful. Instead of subsidizing self-employment, so the objection goes, we should concentrate our limited resources on creating more opportunities for employment in large firms, including opportunities for disadvantaged groups.</p><p>Note, however, that the argument from self-provision is non-ideal. It assumes certain features that our economies presently have, and are likely to have in neighbouring circumstances—including the costs that transitioning to an economy with full employment in large firms may involve. In developed economies, for example, one of the factors that hinder firm growth is the costs of specific labour regulations that large firms have to conform to, such as the obligation to create works councils, appoint union representatives, and establish health and safety committees.80 Removing or loosening up these regulations so as to foster job creation would entail throwing the baby out with the bathwater, as the higher quality of jobs in large firms is partly a consequence of such legislation. Governments can certainly incentivize firm growth by alternative means, such as lower interest rates, tax incentives, and friendly trade policies. But none of these offers a fast track to full employment in large firms.</p><p>Things are even more complicated in developing economies, where a meagre 6 per cent of the workforce is employed in big firms. The rest work in small firms or are self-employed.81 The immediate challenge in these countries is to create enough employment opportunities to absorb the young labour force entering the labour market. In Africa, for example, where the working-age population is expected to grow by 450 million people by 2035, only 100 million new workers are expected to find a stable job under current trends.82 Fostering employment in large firms would require addressing the financial, bureaucratic, and corruption challenges that often hamper firm growth—and concerning which developing economies have a long way to go.83 Yet even on more optimistic assumptions, work in small firms and self-employment are likely to remain the only way to make a livelihood, at least in the short and medium run, for a sizable portion of the labour force in such economies. Efforts to expand employment in large firms have to be combined, in sum, with policies to improve the working conditions of the self-employed and those working in small firms.84 Focusing on the former and ignoring the latter, as the objection suggests, does a disservice to the working prospects of millions under the non-ideal actual circumstances of our economies, particularly the less-developed ones.</p><p>The second objection is more general. It seeks to weaken the link between paid work and self-provision by pointing to alternative means for securing everyone's livelihood. The provision of a basic income is a case in point. Although we are not nearly close to adopting it, many welfare states already ensure a minimum income to all those unable to find a job. And some forecasts about the automation of jobs paint an optimistic picture—one with fewer work opportunities, yet more prosperity.</p><p>The above considerations about the non-ideal character of the self-provision argument apply here, too. Yet there are two additional considerations worth pointing out. One is that securing a social minimum only allows people to have a decent life without having to work <i>if not everybody takes this option</i>. Given that the social minimum must be funded somehow, some will have to engage in productive activities capable of generating enough economic surplus.85 Robotization and automation may be able to reduce how many are needed for this. But it is hard to imagine that labour supply can ever become entirely dispensable, which prompts serious concerns of fairness and reciprocity.</p><p>The second consideration allows me to introduce an important reason why <i>self</i>-provision is more valuable than state provision. As some have argued, it is in everyone's interest to be able to connect one's instrumental agency and the satisfaction of one's needs—or, to put it more simply, to progress by one's own efforts.86 There is a distinctive kind of self-esteem that looking after ourselves and our dear ones elicits. Think, for example, of dependent homemakers who, after proudly finding a job, no longer have to rely on their spouses for every expense they may have. Or think of industrious teenagers who, thanks to their summer jobs, can happily buy themselves a treat. Unearned incomes, whether provided by the state or by a breadwinning spouse, deprive people of the subjective sense of dignity that self-provision prompts.87 And self-employment, when effectively protected and accessible at bearable cost, offers opportunities for self-provision and the dignified experience that comes with it.</p><p>There is a growing consensus among policy-makers on the importance of improving self-employed workers’ social protection, including unemployment, sickness, and occupational injuries benefits, as well as maternity, paternity, and caregiver leave. In this article, I have offered normative grounds for this consensus that stem from the link between self-employment and various basic goods of work. I have offered three arguments in particular. First, self-employment provides a greater degree of autonomy within work than waged work does, for it allows workers to avoid managerial authority and its pernicious effects on workers’ control over their working conditions. Second, self-employment is highly useful for the self-realization of certain workers—namely, those who want to develop specific skills that independent work more effectively fosters and those who seek to work in industries in which employee work opportunities are scarce. Third, self-employment is also vital, and often the only option, for securing self-provision in contexts in which salaried jobs are scarce and labour market discrimination rampant.</p><p>These reasons need to be carefully weighed, of course, against competing considerations of justice that may also be relevant for public policy debates. When governments improve the protection of the self-employed, they make it easier for people to engage in independent work, and this can cause small businesses to proliferate, which can be concerning from the standpoints of labour justice and distributive justice. Concerns of labour justice may arise because, as mentioned earlier, working conditions in small businesses tend to be worse than in larger ones. In particular, employees in small firms are more likely to endure physical and verbal abuse, inappropriate firings, and other forms of arbitrary management. Concerns of distributive justice, on the other hand, may stem from the fact that self-employed businesses display less productivity and lower profit margins than large firms. For this reason, if the former become predominant, the surplus available for improving the position of the worst-off may diminish.</p><p>The short reply, which I will seek to expand in a separate article, is that such concerns of labour justice and distributive justice need not decisively override my conclusions here. But let me suggest, in closing, two lines of argument worth exploring. The first looks into the responsibilities to their employees that the self-employed who are also employers have. Improving the social protection of self-employed workers need not be at odds with enacting and enforcing labour legislation that prevents them from using their greater autonomy to unduly restrict their employees’ autonomy. The second suggests that a diminished surplus need not be unjust as long as it suffices for adequately securing the basic needs of the worst-off. If, on the contrary, we were to regard any reduction of the surplus value as unjust, we would be assuming a maximalist duty of justice that would make us condemn any policy that fails to make the worst-off as wealthy as possible, which seems unreasonable.88 Whether these arguments are successful, so that we can reconcile the social protection of self-employed work with the demands that labour justice and distributive justice may generate, is in any event a question for further research.</p><p>Earlier versions of this article were presented at the University of Tilburg, the London School of Economics and Political Science, the University of Oxford, and Pompeu Fabra University. I thank the audiences at these occasions and, in particular, Siba Harb, Tom Parr, and Zosia Stemplowska, for their comments. I owe special thanks to Iñigo González Ricoy for his very detailed feedback on several versions of the article, and to an anonymous referee for valuable suggestions.</p><p>Research for this article was supported by project PGC2018-095917-A-I00, funded by the Spanish Ministry of Science.</p><p>There are no potential conflicts of interest relevant to this article.</p><p>The author declares human ethics approval was not needed for this study.</p>","PeriodicalId":47624,"journal":{"name":"Journal of Political Philosophy","volume":"31 3","pages":"271-293"},"PeriodicalIF":2.9000,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jopp.12287","citationCount":"0","resultStr":"{\"title\":\"The goods (and bads) of self-employment\",\"authors\":\"Jahel Queralt\",\"doi\":\"10.1111/jopp.12287\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>Self-employment, which accounts for one in seven workers in OECD countries, has ceased to decline in recent decades and is now growing in these countries.1 It comprises shop owners, restaurateurs, consultants, lawyers, and an increasing number of unskilled workers in industries like construction and transportation, in which self-employment was unusual in the past.2 Yet these workers, the vast majority of whom do not employ others, have meagre access to social protection. In some countries, the self-employed are legally excluded from unemployment, sickness, and occupational injury benefits—the three areas of social protection that, retirement pensions aside, self-employed workers value most.3 And in other countries they become de facto excluded because, despite having statutory access to these benefits, the eligibility requirements to accrue them are tailored to waged work.4 Unprotected exposure to social risks makes self-employed workers, on average, three times more likely to become income-poor than their salaried peers.5</p><p>Over recent years, the working conditions and social protection of the self-employed have gained ground in public policy debates. A growing consensus exists among practitioners and policy-makers on the importance of strengthening the social protection of the self-employed in four ways. One is to offer them unemployment benefits in order to protect them from poverty in the event of bankruptcy. Another is to secure them access to insurance for occupational diseases and injuries. The third is to grant them adequate protection from day one in case of sickness. The fourth and final way is to give them access to benefits and measures that allow for a better work–life balance, including maternity, paternity, and caregiver leave. Moreover, as part of the implementation of the European Pillar of Social Rights, the European Commission has recently put forward a proposal that encourages EU member states to offer adequate social coverage to self-employed workers.6</p><p>The debate over these measures, however, has lacked normative input thus far. Even though self-employment was a central concern for pre-industrial thinkers like James Harrington, Adam Smith, and Thomas Paine, who conceived of it as an alternative to the ‘servile dependency’ that waged work involved, recent philosophers have largely overlooked it.7 The burgeoning philosophical analyses of work have paid scant attention to the nature and value of self-employment, nor to the normative significance that the distinction between self-employment and employee work may have for the legal and social protection that self-employed and waged workers are due.</p><p>This neglect may be explained by the tendency in recent philosophy to embrace a <i>corporatist paradigm</i> of working relations—a paradigm that equates work with employment, usually in large firms, and neglects self-employment and other non-standard forms of work. This is clearly true of philosophers working in the Marxist tradition, who conceive of workers as a class of waged earners compelled to sell their labour force to capitalists.8 But it is also true of neo-republican philosophers, who typically focus on the domination to which workers may be subject under the managerial authority of their employers,9 and of liberal egalitarians, who have recently centred their attention on how subordination to an employer may be compatible with the basic liberties of employees.10</p><p>The corporatist paradigm has two serious limitations. First, it sits uneasily with the reality of existing labour markets, in which standard employment coexists with a growing myriad of non-standard forms of work, including self-employed, gig, and multi-party work. Second, it is blind to pressing moral questions that fall outside the scope of standard employment relationships, such as the moral obligations that firms might have towards independent contractors, the self-exploitation of mom-and-pop owners that may result from market competition, the risks that algorithmic management may impose on gig workers, and the protection that informal self-employed workers in poor economies may deserve. These problems affect a substantial portion of the global labour force, and they are not bound to fade away. It is time for the corporatist paradigm, then, to give way to a non-wage-centred view of work: one that appropriately accounts for self-employment and other forms of non-standard work.</p><p>This article takes some first steps in this direction by focusing on the moral significance of self-employment. It seeks to explore the extent to which self-employed work may offer adequate opportunities to realize goods traditionally associated with waged work. Identifying such goods has become central to the debates over what makes (waged) work decent or meaningful, and worthy of protection as a result—with scholars and policy-makers offering a diversity of views of the pecuniary and non-pecuniary goods that work may deliver. For example, whereas economists tend to focus on earnings and benefits,11 sociologists and philosophers often centre on the non-economic dimensions of work, including autonomy, self-realization, and socialization.12 Such goods operate, in these analyses, as normative standards for assessing different work arrangements. Inspecting whether self-employed work may also realize them is critical, then, to assessing whether self-employment merits protection—without prejudice to the independent reasons we may have to protect it. If, for example, self-employment happens to deliver such goods, then we may have pro tanto reasons, whose stringency will depend on how successfully self-employment delivers them relative to employee work, to improve access to protection for the self-employed, making it easier for those with a preference for self-employment to go solo as a result.</p><p>The article proceeds as follows. After offering a two-dimensional account of self-employment in Section II, the remainder of the article examines the link between self-employment and three of the core goods of work: autonomy, self-realization, and self-provision. Sections III and IV inspect the non-pecuniary goods of autonomy and self-realization, respectively. Work may no doubt provide a wider range of non-pecuniary goods—for example, it may often improve health, marriage prospects, and family stability compared to joblessness. Yet the reason for focusing on autonomy and self-realization is not just that these are among the core goods of work, as their salience in philosophical and sociological analyses suggests. It is also that they encompass other narrower goods—such as self-direction and self-sufficiency in the case of autonomy, and social contribution and recognition in the case of self-realization—which loom large, given their significance, in recent scholarly and political debates on the value of work. Section V turns to a pecuniary good: the economic capacity to fend for oneself and one's family—or self-provision, as I label it—in an attempt to capture what is normatively significant about earnings.</p><p>The conclusions I draw, albeit tentative, favour improving the social protection of the self-employed. I first argue that self-employed workers are both less and more autonomous, as it were, than those who work for an employer, as self-employment may sometimes lessen the off-duty autonomy that people acquire <i>through</i> work. Yet it significantly increases workers’ autonomy <i>within</i> work. And I also argue that self-employment, although <i>unnecessary</i> for attaining self-realization and self-provision, is <i>distinctively useful</i> for securing each of these goods, under plausible, far from outlandish, conditions.</p><p>Before proceeding, two caveats are in order. First, the arguments I develop here do not entail that self-employment should be <i>promoted</i>, in the sense that workers should be <i>conditioned</i> or <i>induced</i> to develop a preference for self-employed work.13 They rather seek to show that, under actual circumstances, yet also under an wide range of neighbouring ones, some individuals have reasons to engage in independent work, and that this decision deserves adequate social <i>protection</i>, so that those with a preference for self-employment have suitable opportunities to realize this preference without incurring unbearable risks.</p><p>Second, although the arguments I develop apply both to the self-employed who work on their own and to those who employ others, it is worth teasing these two categories apart. For one thing, improving the social protection of solo self-employed workers (that is, those who have no employees) has greater urgency. This is not only because solo self-employed workers account for more than three quarters of the self-employed,14 it is also, and chiefly, because they are in a more precarious situation, in terms of earnings, financial security, and job stability, than self-employed employers. For another thing, social contributions, which are the counterpart of social benefits, tend to be higher in the case of self-employed employers, who are usually among the high-earning self-employed.15 Whom we should prioritize among the self-employed, and how we should fund their benefits, are questions to be addressed separately, once we have answered the question of whether the social protection of the self-employed merits improvement.</p><p>The concept of self-employment is not neat. The definitions we find in our legal systems lack the consistency of those of waged or employee work. Take, for example, the 1993 International Classification of Status in Employment (ICSE-93), which the International Labour Organization has long endorsed. According to this classification, which is the standard that national statistical systems still most widely use, the self-employed are those workers who are not compensated with a salary. They instead work for profit, in the sense that their income directly depends on the revenue that their productive activity may generate, being more exposed to market risks than waged workers as a result. Compare, for example, the self-employed owner of a beer garden, who will lose her clientele and make no money on a rainy day, with her employed waiters, who will take home a day's wage despite having spent the day sitting on their hands.</p><p>Yet an exclusive focus on the <i>for-profit</i> dimension of work, which the ICSE-93 exemplifies by limiting the self-employed to the residual group of workers who do not earn a wage, is insufficiently discriminating. It misclassifies a number of workers who, although working for profit, have much in common with wage labourers. One example of this misclassification is that of dependent contractors, who provide goods and services for a single client with whom they have a commercial agreement. Another example is that of contributing family members who work without a contract in family businesses run by the head of the family. Like employees, these workers are under the authority of someone else—the single client or the head of the family—who restricts their autonomy in many aspects of their work.</p><p>A more nuanced definition of self-employment, which the International Labor Organization's (ILO) 2018 update of the International Classification of Status in Employment (ICSE-18) incorporates, considers a second dimension as well—namely, that of <i>independence</i>. According to the updated definition, a major difference between self-employed and employed workers is that the self-employed, unlike employees, are not subordinated to the authority of a boss. Self-employed workers are free to decide basic aspects of their work, such as when, how, and with whom to work, whereas employees are not. This is a definition that is increasingly used in various jurisdictions to reclassify bogus self-employed workers as employees, and to extend certain employee rights, like sick pay and paid holidays, to dependent contractors on the grounds that, despite their being legally classified as self-employed, they lack autonomy in how to run their businesses, as well as the authority to hire and dismiss staff.16</p><p>Considering these two dimensions—profit and independence—we can define <i>genuine</i> self-employed workers as those who <i>earn their income</i> by engaging in independent productive activity at their own risk.17 This allows us to distinguish the self-employed both from standard wage workers, who engage in dependent work for a salary, and from intermediate categories that sit uneasily between self-employment and waged work. These categories do not only include the above-mentioned cases of dependent contractors and contributing family members. They also include employers who, despite earning a salary from their own business, are independent enough to have a work experience that is closer to that of their self-employed peers. And they also include members of worker cooperatives who, despite having collective ownership and control of their business, are subordinated to the authority of the management of the cooperative, and enjoy less <i>individual</i> control over their working conditions than self-employed workers do.18</p><p>As an initial exploration of the nature and value of self-employment, this article sets aside the complexities that borderline cases, such as those of dependent and bogus self-employment, may pose. It rather focuses on whether, and on what grounds, the decision to engage in genuine self-employment deserves better protection than it currently has. In order to address this issue, the next three sections examine the value of self-employment as a vehicle for attaining three core goods of work: those of autonomy, self-realization, and self-provision. As noted above, these goods may not cover the full gamut of goods that can make work valuable. Yet it is hardly controversial that their absence entails serious work deficiencies, such that if, for example, self-employment happens to poorly secure them, it then becomes inimical to good work—and the reasons to protect it accordingly diminish in stringency.</p><p>Analyses of autonomy at work tend to focus on the extent to which workers exercise <i>self-direction</i> or control over their working conditions, including their schedule, tasks, and workload. Karl Marx famously diagnosed the alienation of the proletariat on the grounds that the capitalist division of labour dispossesses workers of control over production.19 And Max Weber warned of the impact that the bureaucratization of economic activities and organizations could have on workers’ control over their jobs.20 These analyses home in on workers’ degree of autonomy <i>while at work</i>. But the significance of autonomy at work is also prior and subsequent to work performance. It is <i>prior</i> because the decision to take one particular job instead of another can be more or less autonomous. And it is <i>subsequent</i> because one of the rewards of work is the off-hours autonomy that we may acquire through it. This section inspects the extent to which self-employment may foster or stifle these three dimensions: (a) autonomy within work, (b) autonomy in one's choice of work, and (c) autonomy through work.21 As we will see, the self-employed are more autonomous than their salaried peers in some, yet not all, of these dimensions.</p><p>One reason why people enjoy working, when they do so, is that it brings self-realization, which I shall now analyse. Before inspecting the ways in which self-employment may be conducive to self-realization, however, let me briefly consider why work, unlike other neighbouring activities, offers a privileged context for accessing it.</p><p>An activity is a potential source of self-realization if it has two central features.47 First, it involves the exercise and development of valuable skills and capacities that people choose to develop. Second, its execution lends itself to positive appraisal by others. Thus, private activities that involve the development of chosen capacities in a way that is not public, such as training one's ability to enjoy wine, may lead to gratifying experiences of consumption, but not to self-realization proper.48 Call these two requirements the <i>self-development</i> condition and the <i>social recognition</i> condition, respectively.</p><p>Work is an important vehicle for self-realization because it often meets these two conditions.49 It requires developing valuable skills and abilities, like hand–eye coordination skills, with the purpose of producing goods and services that others value, like fixing patients’ heart valves or installing hardwood floors. To be sure, certain forms of leisure and personal interactions can also meet the two required conditions. For example, some may achieve self-realization by cooking risotto for friends, or by playing the trombone in amateur jazz bands. But work is special in this respect, in two senses. The first is that developing skills takes up a lot of time, and most of us spend half of our waking time at work. This makes self-realization through hobbies and other activities more difficult and less likely to occur.50</p><p>The second sense in which work is special is that it offers, when paid, a particular kind of affirmation of our contribution to the well-being of others. Each market exchange can be portrayed, Adam Smith noted, as ‘give me that which I want, and you shall have this which you want’.51 When others are willing to pay for what we produce, they recognize us as someone who makes a valuable contribution to them, which furnishes us with a unique sense of being valued.52 This is not to say, of course, that markets are faultless in this respect. Existing markets often undercompensate, or fail to compensate altogether, some valuable contributions, such as care work and scientific research—hence the need, many argue, to publicly fund such activities. And, conversely, the market often rewards telemarketing, brand management, and other ‘bullshit jobs’, as David Graeber labelled them,53 which nobody, not even those who perform them, finds valuable. But the fact remains that people convey, through their spending choices, how much they are willing to sacrifice to acquire a particular good or service and, in so doing, they signal, as imperfectly as it may be, a positive valuation.54</p><p>Of course, not all paid work leads to self-realization. Much work does not meet the self-development condition either because of its <i>content</i>—for example, assembly-line work that leaves little room for self-direction and skill-development—or because of its <i>conditions</i>—for example, short-term contracts that give workers little time to acquire and develop skills. And there is also work that fails to meet the social recognition condition because its compensation is low, which may signal, sometimes inaccurately, that its social value is likewise low. Moreover, some work, as in the cases of the bullshit jobs just mentioned, fails to meet both the self-development condition and the social recognition condition.55</p><p>But how does self-employment bear, we may wonder, on the conditions for self-realization? Take the case of someone who wants to develop good hair-cutting skills and become a hairdresser. What matters for her self-realization is that she has opportunities for making a living from cutting people's hair. And for that, some may argue, owning her own beauty salon seems unnecessary, as she could always get a job as an employed hairdresser. This argument is unsound, however, as it ignores the fact that some work preferences are <i>easier</i> to satisfy when ample opportunities for self-employment are available. This can happen for various reasons, some more dependent on labour market contingencies and others less so.</p><p>Let us start with reasons that depend on market contingencies. One such reason is that, in certain industries, opportunities for waged work may be scarce—or scarcer than opportunities for self-employment in any event. For example, given that openings to work as a translator are often scarce, freelancing offers would-be translators opportunities to develop their skills and elicit appreciation for their work. Another reason is the greater freedom that self-employment often offers to pursue specific projects. For example, in countries where self-employed workers’ scarce social protection makes opening a hairdressing salon too risky for most, a would-be hairdresser may be able to work as an employed hairdresser. But if she wants to be a dreadlock hairdresser, then she is at the mercy of whether her employer also sees dreadlock hairdressing as good business. If her employer does not, then opening her own salon may be the easiest option for her to self-realize. Neither of these two kinds of reason establish, to repeat, that self-employment is <i>necessary</i> for self-realization, as they hinge on contingent facts about existing markets. What they establish at most is that, given how resilient some of these facts are, self-employment is <i>highly useful</i> for some people to achieve self-realization under existing and modally nearby circumstances.56</p><p>Other reasons, however, are less dependent on market contingencies, as there may be something about working for oneself that makes it distinctively apt, independently of market eventualities, for self-realization. Consider Tomasi's famous example of Amy, a college dropout with a job as a pet groomer who manages to start, through hard work and savings, her own business.57 Although Amy still spends her days catering to the bathing and grooming needs of pets, she is now the proud owner of her shop. Each time she goes home, after a long day of work, she is delighted to read her name up on the sign: Amy's Pup-in-the-Tub. Tomasi does not elaborate further on this example. Yet he prompts us to think about what this new status means for Amy, and how it may bear on the two requirements of self-realization—those of self-development and social recognition—introduced above.</p><p>Let us take self-development first. Does self-employment require specific skills? After all, an important part of Amy's working day consists in bathing and grooming pets, just as she did as an employed groomer. Yet, as the owner of her shop, she also has to keep the books, publicize the shop, direct employees, and teach the craft to apprentices, among countless other tasks. Running her own shop comes with an individualized responsibility for its success, and although some may prefer to delegate such responsibility, others may welcome it. In sum, Amy has good reasons, virtue ethicists could say, for wanting to develop and exercise her entrepreneurial skills.</p><p>On this view, the disposition to seek mutual benefit in the market is likely to foster market virtues.58 Two such virtues are imagination and alertness to others’ needs, both of which are needed to meet existing demand. ‘Every manufacturer knows and feels’, W. S. Jevons reckoned, ‘how closely he must anticipate the tastes and needs of his customers: his whole success depends on it’.59 A third virtue is trustworthiness—or ‘probity’, as Adam Smith calls it.60 Given that commercial transactions depend on trust, building a reputation as reliable and honest may lead, in the long run, to higher gains than giving, as Smith notes, ‘any ground for suspicion’.61 Whether or not she is motivated by the pursuit of these virtues, Amy may value her entrepreneurial skills just as much as her grooming skills, and this is where the significance of being able to develop both lies.</p><p>Let us consider social recognition next. Does self-employment entail a closer connection between one's work and others’ appreciation of it? Compare a worker in a high-end shoe company, where she cuts the leather that co-workers later use to make moccasins, with an artisan who produces moccasins herself. Assuming that both types of moccasins sell similarly well, making the two workers similarly believe that their contributions are valuable, many would nonetheless share the intuition that the artisan has further grounds to see in consumers’ choices an appraisal of her work.</p><p>For one thing, the artisan may have <i>greater proximity</i> to her consumers if they are able, for example, to purchase the shoes at her atelier, conveying their satisfaction directly to her. The employed worker, by contrast, has no interaction with the customers, who may not even recognize her as the producer of what they buy. It is true, of course, that the employees working for the artisan at the atelier have no less proximity to customers than the artisan herself does. But the artisan still has <i>greater control</i> over the final product, including which colours and types of stitching to use, which results in a tighter link between her work and what consumers buy. The artisan's employees may contribute decisively to the final product. Yet the shoes that the atelier sells are, in a relevant sense, the artisan's shoes—an intuition that can be partly explained by the connection between proximity and control. The artisan's closeness to her customers offers her first-hand information about their preferences, which informs the decisions she may make about the features of the shoes she produces. The upshot is a stark contrast both with the employees at the atelier, who have proximity but lack final control over which colours or stitching to use, and with the employees in the shoe factory, who lack both proximity <i>and</i> control.</p><p>In sum, opportunities for self-employment may be crucial for the self-realization of those who (a) have preferences for occupations that the labour market, because jobs in such industries are scarce, cannot meet, or (b) have preferences for developing specific skills that are best fostered by independent work. But self-employment may be unsuitable, it should also be noted, for people whose self-realization hinges on socializing and cooperating with others towards a joint goal,62 or on developing skills that require the supervision that characterizes waged work, such as building bridges or playing in an orchestra.63</p><p>Self-provision figures prominently among the goods of work. It is a central dimension of the right to work, which in its formulation as a human right seeks to ensure that everyone has ‘the opportunity to <i>gain his living</i> by work which he freely chooses or accepts’,64 and that every worker has ‘just and favourable remuneration <i>ensuring for himself and his family</i> an existence worthy of human dignity’.65 Thus, low-income work that fails to secure self-provision is a serious injustice, which governments address using measures such as minimum-wage laws. To be sure, not everyone has to work in order to survive. Some can sit on their inheritance, or rely on their rents, and do nothing. Yet paid work offers the most reliable means to make a living for most. When opportunities for remunerative work are scarce, economic and life prospects become grim.</p><p>Self-employment is vital, as a matter of fact, for the creation of work opportunities and to ensure self-provision. In affluent countries, solo self-employment and work in small firms, which self-employed workers usually start and run, account for 57 per cent of total employment. And in low- and middle-income countries, this share is much larger, approaching nearly 100 per cent of the labour force in many countries in South Asia, Africa, and the Middle East.66 Policy-makers often agree that supporting self-employment and small businesses should be a core strategy of economic development.67 There are two cases in which self-employment opportunities are particularly relevant.</p><p>The first case concerns contexts in which employee work opportunities are scarce. In developed economies, economic crises often drive workers into self-employment to avoid joblessness.68 In less-developed economies, by contrast, job scarcity is the norm, with millions of workers, including three-quarters of the workforce in Africa and two-thirds in South Asia,69 being pushed into informal self-employment due to a lack of job opportunities.70 Moreover, the weak enforcement of labour standards often means that the few jobs that are available involve poor and risky working conditions, such as serious health and safety hazards, unreasonable schedules, and meagre wages. Self-employment, then, offers a way out of destitution without having to endure the risky and precarious conditions of employee work.71</p><p>The second case concerns the disadvantages that specific groups, like immigrants and workers with disabilities, may endure in the labour market. For example, the opportunities and economic prospects of native citizens and immigrants, empirical studies suggest, are unevenly allocated, with immigrants more likely to be unemployed or poorly paid.72 This gap often results from discriminatory practices.73 Even when such practices are properly addressed, though, factors such as lack of skills and poor knowledge of the local language and local labour markets often limits the supply of well-paying jobs available to immigrants, rendering self-employment a good alternative for making ends meet.74 Workers with disabilities, meanwhile, often turn to self-employment not only as a result of employer discrimination,75 but also because it offers the best way to accommodate their special needs, to which employers are rarely sensitive enough.76</p><p>Consider two objections, however. The first admits that self-employment and small businesses account for the lion's share of existing jobs, but argues that waged work in larger firms is preferable, and should be fostered instead, because it provides better livelihoods. This is so because, among other things, small firms display higher rates of job destruction.77 They have lower productivity levels, which result in lower salaries—between 20 and 30 per cent lower, according to the ILO.78 And they display much higher incidences of health problems and occupational accidents, with fatal injuries being up to eight times more likely in small firms than in large ones.79 Small is not necessarily beautiful. Instead of subsidizing self-employment, so the objection goes, we should concentrate our limited resources on creating more opportunities for employment in large firms, including opportunities for disadvantaged groups.</p><p>Note, however, that the argument from self-provision is non-ideal. It assumes certain features that our economies presently have, and are likely to have in neighbouring circumstances—including the costs that transitioning to an economy with full employment in large firms may involve. In developed economies, for example, one of the factors that hinder firm growth is the costs of specific labour regulations that large firms have to conform to, such as the obligation to create works councils, appoint union representatives, and establish health and safety committees.80 Removing or loosening up these regulations so as to foster job creation would entail throwing the baby out with the bathwater, as the higher quality of jobs in large firms is partly a consequence of such legislation. Governments can certainly incentivize firm growth by alternative means, such as lower interest rates, tax incentives, and friendly trade policies. But none of these offers a fast track to full employment in large firms.</p><p>Things are even more complicated in developing economies, where a meagre 6 per cent of the workforce is employed in big firms. The rest work in small firms or are self-employed.81 The immediate challenge in these countries is to create enough employment opportunities to absorb the young labour force entering the labour market. In Africa, for example, where the working-age population is expected to grow by 450 million people by 2035, only 100 million new workers are expected to find a stable job under current trends.82 Fostering employment in large firms would require addressing the financial, bureaucratic, and corruption challenges that often hamper firm growth—and concerning which developing economies have a long way to go.83 Yet even on more optimistic assumptions, work in small firms and self-employment are likely to remain the only way to make a livelihood, at least in the short and medium run, for a sizable portion of the labour force in such economies. Efforts to expand employment in large firms have to be combined, in sum, with policies to improve the working conditions of the self-employed and those working in small firms.84 Focusing on the former and ignoring the latter, as the objection suggests, does a disservice to the working prospects of millions under the non-ideal actual circumstances of our economies, particularly the less-developed ones.</p><p>The second objection is more general. It seeks to weaken the link between paid work and self-provision by pointing to alternative means for securing everyone's livelihood. The provision of a basic income is a case in point. Although we are not nearly close to adopting it, many welfare states already ensure a minimum income to all those unable to find a job. And some forecasts about the automation of jobs paint an optimistic picture—one with fewer work opportunities, yet more prosperity.</p><p>The above considerations about the non-ideal character of the self-provision argument apply here, too. Yet there are two additional considerations worth pointing out. One is that securing a social minimum only allows people to have a decent life without having to work <i>if not everybody takes this option</i>. Given that the social minimum must be funded somehow, some will have to engage in productive activities capable of generating enough economic surplus.85 Robotization and automation may be able to reduce how many are needed for this. But it is hard to imagine that labour supply can ever become entirely dispensable, which prompts serious concerns of fairness and reciprocity.</p><p>The second consideration allows me to introduce an important reason why <i>self</i>-provision is more valuable than state provision. As some have argued, it is in everyone's interest to be able to connect one's instrumental agency and the satisfaction of one's needs—or, to put it more simply, to progress by one's own efforts.86 There is a distinctive kind of self-esteem that looking after ourselves and our dear ones elicits. Think, for example, of dependent homemakers who, after proudly finding a job, no longer have to rely on their spouses for every expense they may have. Or think of industrious teenagers who, thanks to their summer jobs, can happily buy themselves a treat. Unearned incomes, whether provided by the state or by a breadwinning spouse, deprive people of the subjective sense of dignity that self-provision prompts.87 And self-employment, when effectively protected and accessible at bearable cost, offers opportunities for self-provision and the dignified experience that comes with it.</p><p>There is a growing consensus among policy-makers on the importance of improving self-employed workers’ social protection, including unemployment, sickness, and occupational injuries benefits, as well as maternity, paternity, and caregiver leave. In this article, I have offered normative grounds for this consensus that stem from the link between self-employment and various basic goods of work. I have offered three arguments in particular. First, self-employment provides a greater degree of autonomy within work than waged work does, for it allows workers to avoid managerial authority and its pernicious effects on workers’ control over their working conditions. Second, self-employment is highly useful for the self-realization of certain workers—namely, those who want to develop specific skills that independent work more effectively fosters and those who seek to work in industries in which employee work opportunities are scarce. Third, self-employment is also vital, and often the only option, for securing self-provision in contexts in which salaried jobs are scarce and labour market discrimination rampant.</p><p>These reasons need to be carefully weighed, of course, against competing considerations of justice that may also be relevant for public policy debates. When governments improve the protection of the self-employed, they make it easier for people to engage in independent work, and this can cause small businesses to proliferate, which can be concerning from the standpoints of labour justice and distributive justice. Concerns of labour justice may arise because, as mentioned earlier, working conditions in small businesses tend to be worse than in larger ones. In particular, employees in small firms are more likely to endure physical and verbal abuse, inappropriate firings, and other forms of arbitrary management. Concerns of distributive justice, on the other hand, may stem from the fact that self-employed businesses display less productivity and lower profit margins than large firms. For this reason, if the former become predominant, the surplus available for improving the position of the worst-off may diminish.</p><p>The short reply, which I will seek to expand in a separate article, is that such concerns of labour justice and distributive justice need not decisively override my conclusions here. But let me suggest, in closing, two lines of argument worth exploring. The first looks into the responsibilities to their employees that the self-employed who are also employers have. Improving the social protection of self-employed workers need not be at odds with enacting and enforcing labour legislation that prevents them from using their greater autonomy to unduly restrict their employees’ autonomy. The second suggests that a diminished surplus need not be unjust as long as it suffices for adequately securing the basic needs of the worst-off. If, on the contrary, we were to regard any reduction of the surplus value as unjust, we would be assuming a maximalist duty of justice that would make us condemn any policy that fails to make the worst-off as wealthy as possible, which seems unreasonable.88 Whether these arguments are successful, so that we can reconcile the social protection of self-employed work with the demands that labour justice and distributive justice may generate, is in any event a question for further research.</p><p>Earlier versions of this article were presented at the University of Tilburg, the London School of Economics and Political Science, the University of Oxford, and Pompeu Fabra University. I thank the audiences at these occasions and, in particular, Siba Harb, Tom Parr, and Zosia Stemplowska, for their comments. I owe special thanks to Iñigo González Ricoy for his very detailed feedback on several versions of the article, and to an anonymous referee for valuable suggestions.</p><p>Research for this article was supported by project PGC2018-095917-A-I00, funded by the Spanish Ministry of Science.</p><p>There are no potential conflicts of interest relevant to this article.</p><p>The author declares human ethics approval was not needed for this study.</p>\",\"PeriodicalId\":47624,\"journal\":{\"name\":\"Journal of Political Philosophy\",\"volume\":\"31 3\",\"pages\":\"271-293\"},\"PeriodicalIF\":2.9000,\"publicationDate\":\"2023-03-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jopp.12287\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Political Philosophy\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/jopp.12287\",\"RegionNum\":1,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"ETHICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Political Philosophy","FirstCategoryId":"98","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jopp.12287","RegionNum":1,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0

摘要

自营职业占经合组织国家七分之一的工人,近几十年来已经停止下降,现在在这些国家正在增长。1它包括店主、餐馆老板、顾问、律师,以及建筑和运输等行业越来越多的非技术工人,而在过去,自营职业是不常见的。2然而,其中绝大多数人不雇佣他人,获得社会保护的机会很少。在一些国家,自营职业者在法律上被排除在失业、疾病和工伤福利之外——这三个领域的社会保护,除了退休养老金之外,自营职业工作者最看重。3而在其他国家,他们实际上被排除在外,因为尽管他们有法定的机会获得这些福利,积累这些风险的资格要求是针对有薪工作制定的。4无保护的社会风险暴露使自营职业者成为收入贫困者的可能性平均是受薪同行的三倍。5近年来,自营职业者的工作条件和社会保护在公共政策辩论中取得了进展。从业者和决策者对从四个方面加强个体经营者社会保护的重要性达成了越来越大的共识。一种是向他们提供失业救济金,以在破产时保护他们免受贫困。另一个是确保他们获得职业病和工伤保险。第三是从第一天起给予他们足够的保护,以防生病。第四种也是最后一种方法是让他们获得福利和措施,以实现更好的工作与生活平衡,包括产假、陪产假和护理假。此外,作为实施欧洲社会权利支柱的一部分,欧盟委员会最近提出了一项建议,鼓励欧盟成员国为自营职业者提供足够的社会保障。6然而,迄今为止,关于这些措施的辩论缺乏规范性的投入。尽管自营职业是前工业思想家詹姆斯·哈林顿、亚当·斯密和托马斯·潘恩的核心关注点,他们认为自营职业是对所涉及工作的“奴性依赖”的替代,但最近的哲学家基本上忽略了这一点。7对工作的新兴哲学分析很少关注自营职业的性质和价值,自营职业和雇员工作之间的区别可能对自营职业和有薪工人应有的法律和社会保护具有规范意义。这种忽视可以解释为最近哲学中倾向于接受社团主义的工作关系范式——这种范式将工作与就业等同起来,通常在大公司中,而忽略了自营职业和其他非标准形式的工作。在马克思主义传统中工作的哲学家们显然是这样,他们将工人视为被迫将劳动力出售给资本家的工薪阶层。8但新共和主义哲学家也是如此,他们通常关注工人在雇主的管理权力下可能受到的支配,9以及自由平等主义者,他们最近把注意力集中在服从雇主如何与雇主的基本自由相兼容上。10社团主义范式有两个严重的局限性。首先,它与现有劳动力市场的现实格格不入,在现有劳动力市场中,标准就业与越来越多的非标准工作形式共存,包括自营职业、零工和多党工作。其次,它对标准雇佣关系范围之外的紧迫道德问题视而不见,例如公司可能对独立承包商负有的道德义务、市场竞争可能导致的夫妻业主的自我剥削、算法管理可能给零工工人带来的风险,以及贫困经济中的非正规个体经营者可能应该得到的保护。这些问题影响到全球劳动力的很大一部分,而且这些问题不一定会消失。那么,社团主义范式是时候让位于非以工资为中心的工作观了:这种观点恰当地解释了自营职业和其他形式的非标准工作。本文通过关注自营职业的道德意义,朝着这个方向迈出了一些第一步。它试图探索自营职业在多大程度上可以提供充分的机会来实现传统上与有偿工作相关的商品。识别这些商品已成为关于什么使(有偿)工作体面或有意义,并因此值得保护的辩论的核心——学者和决策者对工作可能提供的金钱和非金钱商品提出了不同的看法。 例如,尽管经济学家倾向于关注收入和福利,但11社会学家和哲学家往往关注工作的非经济层面,包括自主性、自我实现和社会化。12在这些分析中,这些商品是评估不同工作安排的规范标准。因此,在不影响我们保护自营职业的独立理由的情况下,检查自营职业是否也可能意识到这一点,对于评估自营职业是否值得保护至关重要。例如,如果自营职业碰巧提供了这样的商品,那么我们可能有自己的理由,其严格程度将取决于自营职业相对于员工工作的成功程度,以改善自营职业者获得保护的机会,从而使那些倾向于自营职业的人更容易单干。本条内容如下。在第二节中对自营职业进行了二维描述后,文章的其余部分考察了自营职业与三种核心工作成果之间的联系:自主性、自我实现和自我供给。第三节和第四节分别考察了自主和自我实现的非金钱商品。毫无疑问,工作可以提供更广泛的非金钱商品——例如,与失业相比,它通常可以改善健康、婚姻前景和家庭稳定。然而,关注自主性和自我实现的原因不仅仅是因为这些都是工作的核心成果,正如它们在哲学和社会学分析中的突出地位所表明的那样。此外,它们还包括其他更窄的商品,如自主情况下的自我指导和自给自足,以及自我实现情况下的社会贡献和认可,鉴于它们的重要性,在最近关于工作价值的学术和政治辩论中显得尤为重要。第五节转向了金钱利益:照顾自己和家人的经济能力——或者我所说的自给自足——试图捕捉收入的规范意义。我得出的结论虽然是试探性的,但有利于改善个体经营者的社会保护。我首先认为,与那些为雇主工作的人相比,自营职业者的自主性更低,也更高,因为自营职业有时可能会削弱人们通过工作获得的下班后的自主性。然而,它大大提高了工人在工作中的自主权。我还认为,自营职业虽然对实现自我实现和自我供给来说是不必要的,但在看似合理但绝非古怪的条件下,对确保每一种商品的安全都是非常有用的。在继续之前,有两个注意事项。首先,我在这里提出的论点并不意味着应该促进自营职业,也就是说,应该使工人有条件或被诱导对自营职业产生偏好。13他们试图表明,在实际情况下,也在广泛的邻近情况下,一些人有理由从事独立工作,这一决定应得到充分的社会保护,以便那些有自谋职业偏好的人有适当的机会实现这一偏好,而不会产生难以承受的风险。其次,尽管我提出的论点既适用于自营职业者,也适用于雇佣他人的人,但值得将这两类人区分开来。一方面,改善个体经营者(即那些没有雇员的人)的社会保护更为紧迫。这不仅是因为自营职业者占自营职业者的四分之三以上,14而且主要是因为他们在收入、经济保障和工作稳定性方面比自营职业者处境更不稳定。另一方面,与社会福利相对应的社会缴款在个体经营者的情况下往往更高,他们通常是高收入的自雇人员。15我们应该在个体经营者中优先考虑谁,以及我们应该如何为他们的福利提供资金,这些问题需要单独解决,一旦我们回答了个体经营者的社会保护是否值得改进的问题。自营职业的概念并不高明。我们在法律体系中发现的定义与带薪工作或雇员工作的定义缺乏一致性。例如,国际劳工组织长期认可的1993年《国际就业地位分类》(ICSE-93)。根据这一分类,即国家统计系统仍然最广泛使用的标准,自营职业者是那些没有工资补偿的工人。 相反,他们的工作是为了盈利,因为他们的收入直接取决于他们的生产活动可能产生的收入,因此比有偿工人更容易受到市场风险的影响。例如,将啤酒园的自雇业主与受雇的服务员进行比较,前者会失去客户,在雨天也赚不到钱,后者会把一天的工资带回家,尽管一整天都坐在自己的手上。然而,仅仅关注工作的营利性层面,ICSE-93通过将自营职业者限制在没有工资的剩余工人群体中来证明这一点,并没有充分的歧视性。它对一些工人进行了错误的分类,这些工人虽然以营利为目的,但与工薪阶层有很多共同点。这种错误分类的一个例子是依赖承包商,他们为与他们有商业协议的单一客户提供商品和服务。另一个例子是,在没有合同的情况下,在由一家之主经营的家族企业中工作的供款家庭成员。与员工一样,这些员工也受到其他人的支配——单身客户或家庭户主——他们在工作的许多方面都限制了自己的自主权。国际劳工组织(ILO)2018年更新的《国际就业地位分类》(ICSE-18)中对自营职业的定义更为微妙,也考虑了第二个维度,即独立性。根据最新的定义,自营职业者和雇佣工人之间的一个主要区别是,与雇员不同,自营职业人员不服从老板的权力。自营职业者可以自由决定工作的基本方面,例如何时、如何以及与谁一起工作,而员工则不能。这一定义在各个司法管辖区越来越多地被用来将虚假的自营职业者重新归类为雇员,并将某些雇员权利,如病假工资和带薪假期,扩展到依赖承包商,理由是尽管他们在法律上被归类为自营职业者,但他们在如何经营企业方面缺乏自主权,以及雇佣和解雇员工的权力。16考虑到利润和独立性这两个维度,我们可以将真正的自营职业者定义为那些通过从事独立生产活动来赚取收入的人。17这使我们能够区分自营职业者和标准工资工作者,以及介于自营职业和有偿工作之间的中间类别。这些类别不仅包括上述依赖承包商和派遣家属的情况。他们还包括雇主,尽管他们的工资来自自己的企业,但他们足够独立,拥有更接近自营职业同龄人的工作经验。他们还包括工人合作社的成员,尽管他们对自己的企业拥有集体所有权和控制权,但他们服从合作社管理层的权力,对自己工作条件的个人控制权不如自营职业者。18作为对自营职业性质和价值的初步探索,这篇文章抛开了边缘案件可能带来的复杂性,比如依赖性和虚假自营职业的案件。它更关注的是,从事真正的自营职业的决定是否以及基于什么理由应该得到比目前更好的保护。为了解决这个问题,接下来的三节将探讨自营职业作为实现三种核心工作成果的工具的价值:自主性、自我实现和自我供给。如上所述,这些商品可能无法涵盖使工作有价值的所有商品。然而,毫无争议的是,他们的缺席会导致严重的工作缺陷,例如,如果自营职业碰巧对他们的保障很差,那么它就不利于好的工作——保护它的理由也相应地减少了。对工作自主性的分析往往侧重于工人对工作条件的自我指导或控制程度,包括他们的时间表、任务和工作量。卡尔·马克思以资本主义分工剥夺了工人对生产的控制权为由,对无产阶级的异化进行了著名的诊断。19马克斯·韦伯警告说,经济活动和组织的官僚化可能会对工人对工作的控制产生影响。20这些分析集中在工人工作时的自主权程度上。但工作中自主性的意义也在工作表现之前和之后。它是优先的,因为决定从事一份特定的工作而不是另一份工作或多或少是自主的。 其中一个原因是,在某些行业,有偿工作的机会可能很稀缺,或者无论如何都比自营职业的机会更稀缺。例如,考虑到从事翻译工作的机会往往很少,自由职业者为潜在的翻译提供了发展技能和获得对其工作的赞赏的机会。另一个原因是自营职业通常为从事特定项目提供了更大的自由。例如,在一些国家,自营职业者稀缺的社会保障使开设美发沙龙对大多数人来说风险太大,想要成为理发师的人可能可以成为受雇的理发师。但是,如果她想成为一名长发辫发型师,那么她的雇主是否也认为长发辫理发是一项好生意,就由她来决定了。如果她的雇主不这样做,那么开设自己的沙龙可能是她最容易自我实现的选择。重复一遍,这两种理由都没有证明自营职业对自我实现是必要的,因为它们取决于现有市场的偶然事实。他们最多确定的是,考虑到其中一些事实的弹性,自营职业对一些人来说非常有用,可以在现有的和模式上接近的环境下实现自我实现。56然而,其他原因对市场突发事件的依赖性较小,因为为自己工作可能有一些东西使其特别适合,独立于市场突发事件,实现自我。以Tomasi的著名例子为例,Amy是一名大学辍学者,有一份宠物美容师的工作,她通过努力工作和储蓄,成功地创办了自己的企业。57尽管Amy仍然每天都在照顾宠物的洗澡和美容需求,但她现在是自己商店的骄傲主人。每次回家,经过漫长的一天工作,她都会很高兴地在标牌上念出自己的名字:Amy‘s Pup in the Tub。托马西没有进一步阐述这个例子。然而,他促使我们思考这种新身份对艾米意味着什么,以及它如何影响上面介绍的自我实现的两个要求——自我发展和社会认可。让我们把自我发展放在首位。自营职业需要特定技能吗?毕竟,艾米工作日的一个重要部分就是给宠物洗澡和梳毛,就像她受雇做美容师一样。然而,作为店主,她还必须保留书籍、宣传店铺、指导员工、向学徒传授工艺,以及无数其他任务。经营自己的店铺对其成功负有个性化的责任,尽管有些人可能更愿意委派这种责任,但其他人可能会对此表示欢迎。总之,美德伦理学家可以说,艾米有充分的理由想要发展和锻炼她的创业技能。从这个观点来看,在市场中寻求互利的倾向可能会培养市场美德。58这两种美德是想象力和对他人需求的警觉,这两种都是满足现有需求所必需的。”W·S·杰文斯认为,每个制造商都知道并感觉到,“他必须多么紧密地预测客户的口味和需求:他的整个成功都取决于此”。59第三个美德是可信度——或者亚当·斯密所说的“正直”。60鉴于商业交易依赖于信任,从长远来看,建立可靠和诚实的声誉可能会,正如史密斯所指出的,获得比给予“任何怀疑的理由”更高的收益。61无论艾米是否出于追求这些美德的动机,她都可能像重视自己的打扮技能一样重视自己的创业技能,而这正是能够发展这两种美德的意义所在。接下来让我们考虑一下社会认可。自营职业是否意味着一个人的工作和他人对它的欣赏之间有更紧密的联系?比较一下一家高端鞋业公司的一名工人和一名自己生产软皮鞋的工匠,她在那里裁剪同事后来用来制作软皮鞋的皮革。假设这两种类型的软皮鞋卖得同样好,让两位工人同样相信他们的贡献是有价值的,尽管如此,许多人还是会有同样的直觉,即工匠有更多的理由从消费者的选择中看到对她的作品的评价。首先,如果消费者能够在她的工作室购买鞋子,并直接向她传达他们的满意,那么工匠可能会更接近她的消费者。相比之下,受雇的工人与客户没有互动,客户甚至可能不认识她是他们购买产品的生产者。当然,工作室里为工匠工作的员工与顾客的距离并不亚于工匠本人。但这位艺术家对最终产品仍有更大的控制权,包括使用哪种颜色和缝合类型,这使得她的作品与消费者购买的东西之间的联系更加紧密。 工匠的员工可能会对最终产品做出决定性的贡献。然而,从某种意义上说,工作室出售的鞋子是工匠的鞋子——这种直觉可以部分解释为接近和控制之间的联系。这位工匠与顾客的亲密关系为她提供了关于顾客偏好的第一手信息,这为她可能对自己生产的鞋子的特性做出的决定提供了信息。结果与工作室的员工形成了鲜明对比,他们距离很近,但对使用哪种颜色或缝线缺乏最终控制,与鞋厂的员工形成鲜明对比,后者既缺乏距离,又缺乏控制。总之,自营职业的机会对于那些(a)偏爱劳动力市场无法满足的职业,或者(b)偏爱发展独立工作最能培养的特定技能的人的自我实现可能至关重要。但是,还应该指出的是,自营职业可能不适合那些自我实现取决于社交和与他人合作以实现共同目标的人,62或者取决于培养需要监督的技能,这些技能是有偿工作的特点,例如搭建桥梁或在管弦乐队中演奏。这是工作权的一个核心方面,在将其表述为一项人权时,力求确保每个人都有“通过自由选择或接受的工作谋生的机会”,64并且每个工人都有“公正和有利的报酬,确保自己和家人的生存配得上人的尊严”。65因此,无法确保自给自足的低收入工作是一种严重的不公正现象,政府通过最低工资法等措施来解决这一问题。可以肯定的是,并不是每个人都必须工作才能生存。有些人可以依靠他们的遗产,或者依靠他们的租金,什么都不做。然而,有偿工作为大多数人提供了最可靠的谋生手段。当有报酬的工作机会稀缺时,经济和生活前景就会变得严峻。事实上,自营职业对于创造工作机会和确保自给自足至关重要。在富裕国家,个体经营者通常创办和经营的个体经营和在小公司工作占总就业人数的57%。在中低收入国家,这一比例要大得多,在南亚、非洲、,66政策制定者经常同意,支持自营职业和小企业应该是经济发展的核心战略。67在两种情况下,自营职业机会特别重要。第一种情况涉及员工工作机会稀缺的情况。在发达经济体,经济危机往往迫使工人自谋职业以避免失业。68相比之下,在欠发达经济体中,工作稀缺是常态,数百万工人,包括非洲四分之三的劳动力和南亚三分之二的劳动力,69因缺乏工作机会而被迫从事非正规自谋职业。70此外,劳工标准执行不力往往意味着,现有的少数工作涉及恶劣和危险的工作条件,如严重的健康和安全隐患、不合理的时间表和微薄的工资。因此,自营职业提供了一条摆脱贫困的途径,而不必忍受员工工作的危险和不稳定条件。71第二种情况涉及移民和残疾工人等特定群体在劳动力市场上可能承受的不利条件。例如,实证研究表明,土著公民和移民的机会和经济前景分配不均,移民更有可能失业或工资微薄。72这种差距往往是歧视性做法造成的。73然而,即使这种做法得到了适当解决,缺乏技能、对当地语言和当地劳动力市场知之甚少等因素往往限制了移民获得高薪工作的供应,使自营职业成为维持生计的好选择。74与此同时,残疾工人往往转向自营职业,这不仅是雇主歧视的结果,75但也因为它提供了满足他们特殊需求的最佳方式,而雇主很少对这些需求足够敏感。76然而,考虑到两个反对意见。第一位承认,自营职业和小企业在现有工作岗位中占很大份额,但认为在大公司从事有薪工作更可取,应该予以鼓励,因为这可以提供更好的生计。这是因为,除其他外,小公司的工作破坏率更高。 77根据劳工组织的数据,他们的生产力水平较低,导致工资较低,低20%至30%。78他们的健康问题和职业事故发生率要高得多,小公司致命伤的可能性是大公司的八倍。79小公司不一定漂亮。反对意见认为,我们不应该补贴自营职业,而应该将有限的资源集中在为大公司创造更多就业机会上,包括为弱势群体创造机会。然而,请注意,自我供给的论点并不理想。它假设了我们的经济目前具有的某些特征,并且在邻近的情况下可能具有这些特征,包括向大公司充分就业的经济转型可能涉及的成本。例如,在发达经济体,阻碍公司增长的因素之一是大公司必须遵守的具体劳动法规的成本,例如成立工作委员会、任命工会代表、,80取消或放松这些规定以促进创造就业机会,就需要把婴儿和洗澡水一起倒掉,因为大公司工作质量的提高在一定程度上是此类立法的结果。政府当然可以通过其他方式激励企业增长,如降低利率、税收优惠和友好贸易政策。但这些都没有为大公司提供充分就业的快速通道。发展中经济体的情况更为复杂,那里只有6%的劳动力受雇于大公司。其余的人在小公司工作或自谋职业。81这些国家面临的直接挑战是创造足够的就业机会,以吸收进入劳动力市场的年轻劳动力。例如,在非洲,到2035年,劳动年龄人口预计将增加4.5亿,在目前的趋势下,预计只有1亿新工人能找到稳定的工作,83然而,即使在更乐观的假设下,在小公司工作和自营职业仍然可能是这些经济体中相当一部分劳动力谋生的唯一途径,至少在中短期内是如此。总之,扩大大公司就业的努力必须与改善自营职业者和小公司工作人员工作条件的政策相结合,尤其是欠发达国家。第二个反对意见更为普遍。它试图通过指出保障每个人生计的替代手段来削弱带薪工作和自给自足之间的联系。提供基本收入就是一个很好的例子。尽管我们还没有接近采用它,但许多福利州已经确保所有找不到工作的人都有最低收入。一些关于工作自动化的预测描绘了一幅乐观的画面——工作机会更少,但更繁荣。关于自我供给论点的非理想性质的上述考虑也适用于此。然而,还有两个额外的考虑因素值得指出。一个是,如果不是每个人都选择这样做,那么确保最低社会保障只能让人们在不必工作的情况下过上体面的生活。考虑到必须以某种方式为社会最低限度提供资金,一些人将不得不从事能够产生足够经济附加值的生产活动。85机器人化和自动化可能能够减少这方面的需求。但很难想象劳动力供应会变得完全可有可无,这引发了人们对公平和互惠的严重担忧。第二个考虑因素使我能够介绍为什么自我提供比国家提供更有价值的一个重要原因。正如一些人所说,能够将自己的工具性作用与满足自己的需求联系起来,或者更简单地说,通过自己的努力取得进步,符合每个人的利益。86照顾我们自己和我们亲爱的人会引发一种独特的自尊。例如,想想那些有依赖性的家庭主妇,他们在自豪地找到工作后,不再需要依靠配偶来支付他们可能拥有的每一笔费用。或者想想那些勤奋的青少年,由于他们的暑期工作,他们可以愉快地为自己买一份款待。未挣的收入,无论是由国家提供的还是由养家糊口的配偶提供的,都剥夺了人们自我供养所带来的主观尊严感。 87自营职业,如果得到有效保护并以可承受的成本获得,就提供了自我提供的机会和随之而来的有尊严的体验。决策者越来越一致认为,改善自营职业者的社会保护的重要性,包括失业、疾病和工伤福利,以及护理人员休假。在这篇文章中,我为这种共识提供了规范性的依据,这种共识源于自营职业和各种基本工作成果之间的联系。我特别提出了三个论点。首先,自营职业比有偿工作在工作中提供了更大程度的自主权,因为它使工人能够避免管理权力及其对工人控制工作条件的有害影响。其次,自营职业对某些工人的自我实现非常有用,即那些希望发展独立工作更有效培养的特定技能的人,以及那些寻求在员工工作机会稀缺的行业工作的人。第三,在受薪工作稀缺、劳动力市场歧视猖獗的情况下,自营职业也是确保自给自足的关键,而且往往是唯一的选择。当然,这些原因需要与可能与公共政策辩论相关的相互竞争的正义考虑仔细权衡。当政府加强对自营职业者的保护时,他们会让人们更容易从事独立工作,这可能会导致小企业的激增,从劳工正义和分配正义的角度来看,这可能令人担忧。如前所述,由于小企业的工作条件往往比大企业更差,因此可能会出现对劳工公正的担忧。特别是,小公司的员工更容易遭受身体和言语虐待、不当解雇和其他形式的任意管理。另一方面,对分配公平的担忧可能源于个体经营企业比大公司表现出更低的生产力和更低的利润率。因此,如果前者占主导地位,可用于改善最贫困者地位的盈余可能会减少。我将在另一篇文章中寻求扩展的简短答复是,对劳动正义和分配正义的这种担忧不必决定性地推翻我在这里的结论。但最后,让我提出两条值得探讨的论点。第一部分探讨了作为雇主的个体经营者对雇员的责任。改善自营职业者的社会保护不必与颁布和执行劳工立法相抵触,因为劳工立法防止他们利用更大的自主权不适当地限制雇员的自主权。第二种观点认为,减少盈余不一定是不公平的,只要它足以充分保障最贫困者的基本需求。相反,如果我们认为盈余价值的任何减少都是不公正的,我们将承担最大限度的正义义务,这将使我们谴责任何未能让最贫穷的人尽可能富有的政策,这似乎是不合理的。88无论这些论点是否成功,因此,我们可以将自营职业的社会保护与劳动正义和分配正义可能产生的需求相协调,这无论如何都是一个需要进一步研究的问题。这篇文章的早期版本在蒂尔堡大学、伦敦政治经济学院、牛津大学和庞培法布拉大学发表。我感谢在这些场合的观众,特别是Siba Harb、Tom Parr和Zosia Stemplowska的评论。我要特别感谢Iñigo González Ricoy对文章的几个版本提供了非常详细的反馈,并感谢一位匿名裁判提供了宝贵的建议。这篇文章的研究得到了西班牙科学部资助的项目PGC2018-095917-A-I00的支持。这篇文章没有潜在的利益冲突。作者宣称这项研究不需要人类伦理的批准。
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The goods (and bads) of self-employment

Self-employment, which accounts for one in seven workers in OECD countries, has ceased to decline in recent decades and is now growing in these countries.1 It comprises shop owners, restaurateurs, consultants, lawyers, and an increasing number of unskilled workers in industries like construction and transportation, in which self-employment was unusual in the past.2 Yet these workers, the vast majority of whom do not employ others, have meagre access to social protection. In some countries, the self-employed are legally excluded from unemployment, sickness, and occupational injury benefits—the three areas of social protection that, retirement pensions aside, self-employed workers value most.3 And in other countries they become de facto excluded because, despite having statutory access to these benefits, the eligibility requirements to accrue them are tailored to waged work.4 Unprotected exposure to social risks makes self-employed workers, on average, three times more likely to become income-poor than their salaried peers.5

Over recent years, the working conditions and social protection of the self-employed have gained ground in public policy debates. A growing consensus exists among practitioners and policy-makers on the importance of strengthening the social protection of the self-employed in four ways. One is to offer them unemployment benefits in order to protect them from poverty in the event of bankruptcy. Another is to secure them access to insurance for occupational diseases and injuries. The third is to grant them adequate protection from day one in case of sickness. The fourth and final way is to give them access to benefits and measures that allow for a better work–life balance, including maternity, paternity, and caregiver leave. Moreover, as part of the implementation of the European Pillar of Social Rights, the European Commission has recently put forward a proposal that encourages EU member states to offer adequate social coverage to self-employed workers.6

The debate over these measures, however, has lacked normative input thus far. Even though self-employment was a central concern for pre-industrial thinkers like James Harrington, Adam Smith, and Thomas Paine, who conceived of it as an alternative to the ‘servile dependency’ that waged work involved, recent philosophers have largely overlooked it.7 The burgeoning philosophical analyses of work have paid scant attention to the nature and value of self-employment, nor to the normative significance that the distinction between self-employment and employee work may have for the legal and social protection that self-employed and waged workers are due.

This neglect may be explained by the tendency in recent philosophy to embrace a corporatist paradigm of working relations—a paradigm that equates work with employment, usually in large firms, and neglects self-employment and other non-standard forms of work. This is clearly true of philosophers working in the Marxist tradition, who conceive of workers as a class of waged earners compelled to sell their labour force to capitalists.8 But it is also true of neo-republican philosophers, who typically focus on the domination to which workers may be subject under the managerial authority of their employers,9 and of liberal egalitarians, who have recently centred their attention on how subordination to an employer may be compatible with the basic liberties of employees.10

The corporatist paradigm has two serious limitations. First, it sits uneasily with the reality of existing labour markets, in which standard employment coexists with a growing myriad of non-standard forms of work, including self-employed, gig, and multi-party work. Second, it is blind to pressing moral questions that fall outside the scope of standard employment relationships, such as the moral obligations that firms might have towards independent contractors, the self-exploitation of mom-and-pop owners that may result from market competition, the risks that algorithmic management may impose on gig workers, and the protection that informal self-employed workers in poor economies may deserve. These problems affect a substantial portion of the global labour force, and they are not bound to fade away. It is time for the corporatist paradigm, then, to give way to a non-wage-centred view of work: one that appropriately accounts for self-employment and other forms of non-standard work.

This article takes some first steps in this direction by focusing on the moral significance of self-employment. It seeks to explore the extent to which self-employed work may offer adequate opportunities to realize goods traditionally associated with waged work. Identifying such goods has become central to the debates over what makes (waged) work decent or meaningful, and worthy of protection as a result—with scholars and policy-makers offering a diversity of views of the pecuniary and non-pecuniary goods that work may deliver. For example, whereas economists tend to focus on earnings and benefits,11 sociologists and philosophers often centre on the non-economic dimensions of work, including autonomy, self-realization, and socialization.12 Such goods operate, in these analyses, as normative standards for assessing different work arrangements. Inspecting whether self-employed work may also realize them is critical, then, to assessing whether self-employment merits protection—without prejudice to the independent reasons we may have to protect it. If, for example, self-employment happens to deliver such goods, then we may have pro tanto reasons, whose stringency will depend on how successfully self-employment delivers them relative to employee work, to improve access to protection for the self-employed, making it easier for those with a preference for self-employment to go solo as a result.

The article proceeds as follows. After offering a two-dimensional account of self-employment in Section II, the remainder of the article examines the link between self-employment and three of the core goods of work: autonomy, self-realization, and self-provision. Sections III and IV inspect the non-pecuniary goods of autonomy and self-realization, respectively. Work may no doubt provide a wider range of non-pecuniary goods—for example, it may often improve health, marriage prospects, and family stability compared to joblessness. Yet the reason for focusing on autonomy and self-realization is not just that these are among the core goods of work, as their salience in philosophical and sociological analyses suggests. It is also that they encompass other narrower goods—such as self-direction and self-sufficiency in the case of autonomy, and social contribution and recognition in the case of self-realization—which loom large, given their significance, in recent scholarly and political debates on the value of work. Section V turns to a pecuniary good: the economic capacity to fend for oneself and one's family—or self-provision, as I label it—in an attempt to capture what is normatively significant about earnings.

The conclusions I draw, albeit tentative, favour improving the social protection of the self-employed. I first argue that self-employed workers are both less and more autonomous, as it were, than those who work for an employer, as self-employment may sometimes lessen the off-duty autonomy that people acquire through work. Yet it significantly increases workers’ autonomy within work. And I also argue that self-employment, although unnecessary for attaining self-realization and self-provision, is distinctively useful for securing each of these goods, under plausible, far from outlandish, conditions.

Before proceeding, two caveats are in order. First, the arguments I develop here do not entail that self-employment should be promoted, in the sense that workers should be conditioned or induced to develop a preference for self-employed work.13 They rather seek to show that, under actual circumstances, yet also under an wide range of neighbouring ones, some individuals have reasons to engage in independent work, and that this decision deserves adequate social protection, so that those with a preference for self-employment have suitable opportunities to realize this preference without incurring unbearable risks.

Second, although the arguments I develop apply both to the self-employed who work on their own and to those who employ others, it is worth teasing these two categories apart. For one thing, improving the social protection of solo self-employed workers (that is, those who have no employees) has greater urgency. This is not only because solo self-employed workers account for more than three quarters of the self-employed,14 it is also, and chiefly, because they are in a more precarious situation, in terms of earnings, financial security, and job stability, than self-employed employers. For another thing, social contributions, which are the counterpart of social benefits, tend to be higher in the case of self-employed employers, who are usually among the high-earning self-employed.15 Whom we should prioritize among the self-employed, and how we should fund their benefits, are questions to be addressed separately, once we have answered the question of whether the social protection of the self-employed merits improvement.

The concept of self-employment is not neat. The definitions we find in our legal systems lack the consistency of those of waged or employee work. Take, for example, the 1993 International Classification of Status in Employment (ICSE-93), which the International Labour Organization has long endorsed. According to this classification, which is the standard that national statistical systems still most widely use, the self-employed are those workers who are not compensated with a salary. They instead work for profit, in the sense that their income directly depends on the revenue that their productive activity may generate, being more exposed to market risks than waged workers as a result. Compare, for example, the self-employed owner of a beer garden, who will lose her clientele and make no money on a rainy day, with her employed waiters, who will take home a day's wage despite having spent the day sitting on their hands.

Yet an exclusive focus on the for-profit dimension of work, which the ICSE-93 exemplifies by limiting the self-employed to the residual group of workers who do not earn a wage, is insufficiently discriminating. It misclassifies a number of workers who, although working for profit, have much in common with wage labourers. One example of this misclassification is that of dependent contractors, who provide goods and services for a single client with whom they have a commercial agreement. Another example is that of contributing family members who work without a contract in family businesses run by the head of the family. Like employees, these workers are under the authority of someone else—the single client or the head of the family—who restricts their autonomy in many aspects of their work.

A more nuanced definition of self-employment, which the International Labor Organization's (ILO) 2018 update of the International Classification of Status in Employment (ICSE-18) incorporates, considers a second dimension as well—namely, that of independence. According to the updated definition, a major difference between self-employed and employed workers is that the self-employed, unlike employees, are not subordinated to the authority of a boss. Self-employed workers are free to decide basic aspects of their work, such as when, how, and with whom to work, whereas employees are not. This is a definition that is increasingly used in various jurisdictions to reclassify bogus self-employed workers as employees, and to extend certain employee rights, like sick pay and paid holidays, to dependent contractors on the grounds that, despite their being legally classified as self-employed, they lack autonomy in how to run their businesses, as well as the authority to hire and dismiss staff.16

Considering these two dimensions—profit and independence—we can define genuine self-employed workers as those who earn their income by engaging in independent productive activity at their own risk.17 This allows us to distinguish the self-employed both from standard wage workers, who engage in dependent work for a salary, and from intermediate categories that sit uneasily between self-employment and waged work. These categories do not only include the above-mentioned cases of dependent contractors and contributing family members. They also include employers who, despite earning a salary from their own business, are independent enough to have a work experience that is closer to that of their self-employed peers. And they also include members of worker cooperatives who, despite having collective ownership and control of their business, are subordinated to the authority of the management of the cooperative, and enjoy less individual control over their working conditions than self-employed workers do.18

As an initial exploration of the nature and value of self-employment, this article sets aside the complexities that borderline cases, such as those of dependent and bogus self-employment, may pose. It rather focuses on whether, and on what grounds, the decision to engage in genuine self-employment deserves better protection than it currently has. In order to address this issue, the next three sections examine the value of self-employment as a vehicle for attaining three core goods of work: those of autonomy, self-realization, and self-provision. As noted above, these goods may not cover the full gamut of goods that can make work valuable. Yet it is hardly controversial that their absence entails serious work deficiencies, such that if, for example, self-employment happens to poorly secure them, it then becomes inimical to good work—and the reasons to protect it accordingly diminish in stringency.

Analyses of autonomy at work tend to focus on the extent to which workers exercise self-direction or control over their working conditions, including their schedule, tasks, and workload. Karl Marx famously diagnosed the alienation of the proletariat on the grounds that the capitalist division of labour dispossesses workers of control over production.19 And Max Weber warned of the impact that the bureaucratization of economic activities and organizations could have on workers’ control over their jobs.20 These analyses home in on workers’ degree of autonomy while at work. But the significance of autonomy at work is also prior and subsequent to work performance. It is prior because the decision to take one particular job instead of another can be more or less autonomous. And it is subsequent because one of the rewards of work is the off-hours autonomy that we may acquire through it. This section inspects the extent to which self-employment may foster or stifle these three dimensions: (a) autonomy within work, (b) autonomy in one's choice of work, and (c) autonomy through work.21 As we will see, the self-employed are more autonomous than their salaried peers in some, yet not all, of these dimensions.

One reason why people enjoy working, when they do so, is that it brings self-realization, which I shall now analyse. Before inspecting the ways in which self-employment may be conducive to self-realization, however, let me briefly consider why work, unlike other neighbouring activities, offers a privileged context for accessing it.

An activity is a potential source of self-realization if it has two central features.47 First, it involves the exercise and development of valuable skills and capacities that people choose to develop. Second, its execution lends itself to positive appraisal by others. Thus, private activities that involve the development of chosen capacities in a way that is not public, such as training one's ability to enjoy wine, may lead to gratifying experiences of consumption, but not to self-realization proper.48 Call these two requirements the self-development condition and the social recognition condition, respectively.

Work is an important vehicle for self-realization because it often meets these two conditions.49 It requires developing valuable skills and abilities, like hand–eye coordination skills, with the purpose of producing goods and services that others value, like fixing patients’ heart valves or installing hardwood floors. To be sure, certain forms of leisure and personal interactions can also meet the two required conditions. For example, some may achieve self-realization by cooking risotto for friends, or by playing the trombone in amateur jazz bands. But work is special in this respect, in two senses. The first is that developing skills takes up a lot of time, and most of us spend half of our waking time at work. This makes self-realization through hobbies and other activities more difficult and less likely to occur.50

The second sense in which work is special is that it offers, when paid, a particular kind of affirmation of our contribution to the well-being of others. Each market exchange can be portrayed, Adam Smith noted, as ‘give me that which I want, and you shall have this which you want’.51 When others are willing to pay for what we produce, they recognize us as someone who makes a valuable contribution to them, which furnishes us with a unique sense of being valued.52 This is not to say, of course, that markets are faultless in this respect. Existing markets often undercompensate, or fail to compensate altogether, some valuable contributions, such as care work and scientific research—hence the need, many argue, to publicly fund such activities. And, conversely, the market often rewards telemarketing, brand management, and other ‘bullshit jobs’, as David Graeber labelled them,53 which nobody, not even those who perform them, finds valuable. But the fact remains that people convey, through their spending choices, how much they are willing to sacrifice to acquire a particular good or service and, in so doing, they signal, as imperfectly as it may be, a positive valuation.54

Of course, not all paid work leads to self-realization. Much work does not meet the self-development condition either because of its content—for example, assembly-line work that leaves little room for self-direction and skill-development—or because of its conditions—for example, short-term contracts that give workers little time to acquire and develop skills. And there is also work that fails to meet the social recognition condition because its compensation is low, which may signal, sometimes inaccurately, that its social value is likewise low. Moreover, some work, as in the cases of the bullshit jobs just mentioned, fails to meet both the self-development condition and the social recognition condition.55

But how does self-employment bear, we may wonder, on the conditions for self-realization? Take the case of someone who wants to develop good hair-cutting skills and become a hairdresser. What matters for her self-realization is that she has opportunities for making a living from cutting people's hair. And for that, some may argue, owning her own beauty salon seems unnecessary, as she could always get a job as an employed hairdresser. This argument is unsound, however, as it ignores the fact that some work preferences are easier to satisfy when ample opportunities for self-employment are available. This can happen for various reasons, some more dependent on labour market contingencies and others less so.

Let us start with reasons that depend on market contingencies. One such reason is that, in certain industries, opportunities for waged work may be scarce—or scarcer than opportunities for self-employment in any event. For example, given that openings to work as a translator are often scarce, freelancing offers would-be translators opportunities to develop their skills and elicit appreciation for their work. Another reason is the greater freedom that self-employment often offers to pursue specific projects. For example, in countries where self-employed workers’ scarce social protection makes opening a hairdressing salon too risky for most, a would-be hairdresser may be able to work as an employed hairdresser. But if she wants to be a dreadlock hairdresser, then she is at the mercy of whether her employer also sees dreadlock hairdressing as good business. If her employer does not, then opening her own salon may be the easiest option for her to self-realize. Neither of these two kinds of reason establish, to repeat, that self-employment is necessary for self-realization, as they hinge on contingent facts about existing markets. What they establish at most is that, given how resilient some of these facts are, self-employment is highly useful for some people to achieve self-realization under existing and modally nearby circumstances.56

Other reasons, however, are less dependent on market contingencies, as there may be something about working for oneself that makes it distinctively apt, independently of market eventualities, for self-realization. Consider Tomasi's famous example of Amy, a college dropout with a job as a pet groomer who manages to start, through hard work and savings, her own business.57 Although Amy still spends her days catering to the bathing and grooming needs of pets, she is now the proud owner of her shop. Each time she goes home, after a long day of work, she is delighted to read her name up on the sign: Amy's Pup-in-the-Tub. Tomasi does not elaborate further on this example. Yet he prompts us to think about what this new status means for Amy, and how it may bear on the two requirements of self-realization—those of self-development and social recognition—introduced above.

Let us take self-development first. Does self-employment require specific skills? After all, an important part of Amy's working day consists in bathing and grooming pets, just as she did as an employed groomer. Yet, as the owner of her shop, she also has to keep the books, publicize the shop, direct employees, and teach the craft to apprentices, among countless other tasks. Running her own shop comes with an individualized responsibility for its success, and although some may prefer to delegate such responsibility, others may welcome it. In sum, Amy has good reasons, virtue ethicists could say, for wanting to develop and exercise her entrepreneurial skills.

On this view, the disposition to seek mutual benefit in the market is likely to foster market virtues.58 Two such virtues are imagination and alertness to others’ needs, both of which are needed to meet existing demand. ‘Every manufacturer knows and feels’, W. S. Jevons reckoned, ‘how closely he must anticipate the tastes and needs of his customers: his whole success depends on it’.59 A third virtue is trustworthiness—or ‘probity’, as Adam Smith calls it.60 Given that commercial transactions depend on trust, building a reputation as reliable and honest may lead, in the long run, to higher gains than giving, as Smith notes, ‘any ground for suspicion’.61 Whether or not she is motivated by the pursuit of these virtues, Amy may value her entrepreneurial skills just as much as her grooming skills, and this is where the significance of being able to develop both lies.

Let us consider social recognition next. Does self-employment entail a closer connection between one's work and others’ appreciation of it? Compare a worker in a high-end shoe company, where she cuts the leather that co-workers later use to make moccasins, with an artisan who produces moccasins herself. Assuming that both types of moccasins sell similarly well, making the two workers similarly believe that their contributions are valuable, many would nonetheless share the intuition that the artisan has further grounds to see in consumers’ choices an appraisal of her work.

For one thing, the artisan may have greater proximity to her consumers if they are able, for example, to purchase the shoes at her atelier, conveying their satisfaction directly to her. The employed worker, by contrast, has no interaction with the customers, who may not even recognize her as the producer of what they buy. It is true, of course, that the employees working for the artisan at the atelier have no less proximity to customers than the artisan herself does. But the artisan still has greater control over the final product, including which colours and types of stitching to use, which results in a tighter link between her work and what consumers buy. The artisan's employees may contribute decisively to the final product. Yet the shoes that the atelier sells are, in a relevant sense, the artisan's shoes—an intuition that can be partly explained by the connection between proximity and control. The artisan's closeness to her customers offers her first-hand information about their preferences, which informs the decisions she may make about the features of the shoes she produces. The upshot is a stark contrast both with the employees at the atelier, who have proximity but lack final control over which colours or stitching to use, and with the employees in the shoe factory, who lack both proximity and control.

In sum, opportunities for self-employment may be crucial for the self-realization of those who (a) have preferences for occupations that the labour market, because jobs in such industries are scarce, cannot meet, or (b) have preferences for developing specific skills that are best fostered by independent work. But self-employment may be unsuitable, it should also be noted, for people whose self-realization hinges on socializing and cooperating with others towards a joint goal,62 or on developing skills that require the supervision that characterizes waged work, such as building bridges or playing in an orchestra.63

Self-provision figures prominently among the goods of work. It is a central dimension of the right to work, which in its formulation as a human right seeks to ensure that everyone has ‘the opportunity to gain his living by work which he freely chooses or accepts’,64 and that every worker has ‘just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity’.65 Thus, low-income work that fails to secure self-provision is a serious injustice, which governments address using measures such as minimum-wage laws. To be sure, not everyone has to work in order to survive. Some can sit on their inheritance, or rely on their rents, and do nothing. Yet paid work offers the most reliable means to make a living for most. When opportunities for remunerative work are scarce, economic and life prospects become grim.

Self-employment is vital, as a matter of fact, for the creation of work opportunities and to ensure self-provision. In affluent countries, solo self-employment and work in small firms, which self-employed workers usually start and run, account for 57 per cent of total employment. And in low- and middle-income countries, this share is much larger, approaching nearly 100 per cent of the labour force in many countries in South Asia, Africa, and the Middle East.66 Policy-makers often agree that supporting self-employment and small businesses should be a core strategy of economic development.67 There are two cases in which self-employment opportunities are particularly relevant.

The first case concerns contexts in which employee work opportunities are scarce. In developed economies, economic crises often drive workers into self-employment to avoid joblessness.68 In less-developed economies, by contrast, job scarcity is the norm, with millions of workers, including three-quarters of the workforce in Africa and two-thirds in South Asia,69 being pushed into informal self-employment due to a lack of job opportunities.70 Moreover, the weak enforcement of labour standards often means that the few jobs that are available involve poor and risky working conditions, such as serious health and safety hazards, unreasonable schedules, and meagre wages. Self-employment, then, offers a way out of destitution without having to endure the risky and precarious conditions of employee work.71

The second case concerns the disadvantages that specific groups, like immigrants and workers with disabilities, may endure in the labour market. For example, the opportunities and economic prospects of native citizens and immigrants, empirical studies suggest, are unevenly allocated, with immigrants more likely to be unemployed or poorly paid.72 This gap often results from discriminatory practices.73 Even when such practices are properly addressed, though, factors such as lack of skills and poor knowledge of the local language and local labour markets often limits the supply of well-paying jobs available to immigrants, rendering self-employment a good alternative for making ends meet.74 Workers with disabilities, meanwhile, often turn to self-employment not only as a result of employer discrimination,75 but also because it offers the best way to accommodate their special needs, to which employers are rarely sensitive enough.76

Consider two objections, however. The first admits that self-employment and small businesses account for the lion's share of existing jobs, but argues that waged work in larger firms is preferable, and should be fostered instead, because it provides better livelihoods. This is so because, among other things, small firms display higher rates of job destruction.77 They have lower productivity levels, which result in lower salaries—between 20 and 30 per cent lower, according to the ILO.78 And they display much higher incidences of health problems and occupational accidents, with fatal injuries being up to eight times more likely in small firms than in large ones.79 Small is not necessarily beautiful. Instead of subsidizing self-employment, so the objection goes, we should concentrate our limited resources on creating more opportunities for employment in large firms, including opportunities for disadvantaged groups.

Note, however, that the argument from self-provision is non-ideal. It assumes certain features that our economies presently have, and are likely to have in neighbouring circumstances—including the costs that transitioning to an economy with full employment in large firms may involve. In developed economies, for example, one of the factors that hinder firm growth is the costs of specific labour regulations that large firms have to conform to, such as the obligation to create works councils, appoint union representatives, and establish health and safety committees.80 Removing or loosening up these regulations so as to foster job creation would entail throwing the baby out with the bathwater, as the higher quality of jobs in large firms is partly a consequence of such legislation. Governments can certainly incentivize firm growth by alternative means, such as lower interest rates, tax incentives, and friendly trade policies. But none of these offers a fast track to full employment in large firms.

Things are even more complicated in developing economies, where a meagre 6 per cent of the workforce is employed in big firms. The rest work in small firms or are self-employed.81 The immediate challenge in these countries is to create enough employment opportunities to absorb the young labour force entering the labour market. In Africa, for example, where the working-age population is expected to grow by 450 million people by 2035, only 100 million new workers are expected to find a stable job under current trends.82 Fostering employment in large firms would require addressing the financial, bureaucratic, and corruption challenges that often hamper firm growth—and concerning which developing economies have a long way to go.83 Yet even on more optimistic assumptions, work in small firms and self-employment are likely to remain the only way to make a livelihood, at least in the short and medium run, for a sizable portion of the labour force in such economies. Efforts to expand employment in large firms have to be combined, in sum, with policies to improve the working conditions of the self-employed and those working in small firms.84 Focusing on the former and ignoring the latter, as the objection suggests, does a disservice to the working prospects of millions under the non-ideal actual circumstances of our economies, particularly the less-developed ones.

The second objection is more general. It seeks to weaken the link between paid work and self-provision by pointing to alternative means for securing everyone's livelihood. The provision of a basic income is a case in point. Although we are not nearly close to adopting it, many welfare states already ensure a minimum income to all those unable to find a job. And some forecasts about the automation of jobs paint an optimistic picture—one with fewer work opportunities, yet more prosperity.

The above considerations about the non-ideal character of the self-provision argument apply here, too. Yet there are two additional considerations worth pointing out. One is that securing a social minimum only allows people to have a decent life without having to work if not everybody takes this option. Given that the social minimum must be funded somehow, some will have to engage in productive activities capable of generating enough economic surplus.85 Robotization and automation may be able to reduce how many are needed for this. But it is hard to imagine that labour supply can ever become entirely dispensable, which prompts serious concerns of fairness and reciprocity.

The second consideration allows me to introduce an important reason why self-provision is more valuable than state provision. As some have argued, it is in everyone's interest to be able to connect one's instrumental agency and the satisfaction of one's needs—or, to put it more simply, to progress by one's own efforts.86 There is a distinctive kind of self-esteem that looking after ourselves and our dear ones elicits. Think, for example, of dependent homemakers who, after proudly finding a job, no longer have to rely on their spouses for every expense they may have. Or think of industrious teenagers who, thanks to their summer jobs, can happily buy themselves a treat. Unearned incomes, whether provided by the state or by a breadwinning spouse, deprive people of the subjective sense of dignity that self-provision prompts.87 And self-employment, when effectively protected and accessible at bearable cost, offers opportunities for self-provision and the dignified experience that comes with it.

There is a growing consensus among policy-makers on the importance of improving self-employed workers’ social protection, including unemployment, sickness, and occupational injuries benefits, as well as maternity, paternity, and caregiver leave. In this article, I have offered normative grounds for this consensus that stem from the link between self-employment and various basic goods of work. I have offered three arguments in particular. First, self-employment provides a greater degree of autonomy within work than waged work does, for it allows workers to avoid managerial authority and its pernicious effects on workers’ control over their working conditions. Second, self-employment is highly useful for the self-realization of certain workers—namely, those who want to develop specific skills that independent work more effectively fosters and those who seek to work in industries in which employee work opportunities are scarce. Third, self-employment is also vital, and often the only option, for securing self-provision in contexts in which salaried jobs are scarce and labour market discrimination rampant.

These reasons need to be carefully weighed, of course, against competing considerations of justice that may also be relevant for public policy debates. When governments improve the protection of the self-employed, they make it easier for people to engage in independent work, and this can cause small businesses to proliferate, which can be concerning from the standpoints of labour justice and distributive justice. Concerns of labour justice may arise because, as mentioned earlier, working conditions in small businesses tend to be worse than in larger ones. In particular, employees in small firms are more likely to endure physical and verbal abuse, inappropriate firings, and other forms of arbitrary management. Concerns of distributive justice, on the other hand, may stem from the fact that self-employed businesses display less productivity and lower profit margins than large firms. For this reason, if the former become predominant, the surplus available for improving the position of the worst-off may diminish.

The short reply, which I will seek to expand in a separate article, is that such concerns of labour justice and distributive justice need not decisively override my conclusions here. But let me suggest, in closing, two lines of argument worth exploring. The first looks into the responsibilities to their employees that the self-employed who are also employers have. Improving the social protection of self-employed workers need not be at odds with enacting and enforcing labour legislation that prevents them from using their greater autonomy to unduly restrict their employees’ autonomy. The second suggests that a diminished surplus need not be unjust as long as it suffices for adequately securing the basic needs of the worst-off. If, on the contrary, we were to regard any reduction of the surplus value as unjust, we would be assuming a maximalist duty of justice that would make us condemn any policy that fails to make the worst-off as wealthy as possible, which seems unreasonable.88 Whether these arguments are successful, so that we can reconcile the social protection of self-employed work with the demands that labour justice and distributive justice may generate, is in any event a question for further research.

Earlier versions of this article were presented at the University of Tilburg, the London School of Economics and Political Science, the University of Oxford, and Pompeu Fabra University. I thank the audiences at these occasions and, in particular, Siba Harb, Tom Parr, and Zosia Stemplowska, for their comments. I owe special thanks to Iñigo González Ricoy for his very detailed feedback on several versions of the article, and to an anonymous referee for valuable suggestions.

Research for this article was supported by project PGC2018-095917-A-I00, funded by the Spanish Ministry of Science.

There are no potential conflicts of interest relevant to this article.

The author declares human ethics approval was not needed for this study.

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来源期刊
CiteScore
4.10
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5.60%
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17
期刊介绍: The Journal of Political Philosophy is an international journal devoted to the study of theoretical issues arising out of moral, legal and political life. It welcomes, and hopes to foster, work cutting across a variety of disciplinary concerns, among them philosophy, sociology, history, economics and political science. The journal encourages new approaches, including (but not limited to): feminism; environmentalism; critical theory, post-modernism and analytical Marxism; social and public choice theory; law and economics, critical legal studies and critical race studies; and game theoretic, socio-biological and anthropological approaches to politics. It also welcomes work in the history of political thought which builds to a larger philosophical point and work in the philosophy of the social sciences and applied ethics with broader political implications. Featuring a distinguished editorial board from major centres of thought from around the globe, the journal draws equally upon the work of non-philosophers and philosophers and provides a forum of debate between disparate factions who usually keep to their own separate journals.
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Evaluating International Agreements: The Voluntarist Reply and Its Limits Issue Information The Journal of Political Philosophy Index, Volume 31 (2023) The challenge of policing minorities in a liberal society Noncompliance and the Demands of Public Reason
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