Types of Atypical Work

There are many atypical forms of work in the Member States, which are difficult to summarise in a coherent catalogue. Differences in legal systems, organisational cultures, economic conditions and social expectations are some of the reasons for the diversity of employment. The concept of atypical work is a current trend term that covers a range of forms of work that are emerging or gaining in importance as a result of changes in the modern world: globalisation, increased competition, technological change and economic transformation. The COVID-19 pandemic has also led to an increase in the volume and scope of new forms of employment. Many of these differ significantly from traditional definitions of work.

A key question is how new forms of employment contribute to building a more resilient and inclusive labour market. There is also the question of how to ensure adequate social protection and decent working conditions, while maintaining the desired flexibility and without imposing solutions that deliberately bypass the stakeholders themselves.

IMPORTANT

The extent to which atypical employment can be regulated differently without making working conditions less favourable for workers than more established forms of employment is problematic.

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The concept of diversity is related to the issue of atypical work and the identification in terms of the characteristics and employment status of those engaged in it.

This term implies the acceptance and promotion of diversity and, at the same time, equal employment opportunities for all workers, regardless of what distinguishes them in the subjective assessment (perception) of the employer (e.g. gender, age, disability, nationality, beliefs). The guiding idea is to create friendly working conditions, in line with the principles of social coexistence, to include everyone and not to exclude anyone from a group of employees. Actions to promote of equal treatment and the promotion of social diversity should be based on the values of solidarity, openness, understanding of the other, inclusion. Diversity policies are supposed to facilitate the recovery of the company’s economic health and ensure competitiveness, as a heterogeneous team acting in a flexible, ad hoc way may have interesting and unusual ideas and innovative ways of implementing them, and is more prone to change. Thus, the conclusion is that atypical employment and a diverse workforce are factors that have a positive impact on the company and increase its effectiveness. They should be promoted, developed, but not exploited. Employers should not think of them in terms of satisfying their own particular interests.

The classification of the latest forms of employment characteristic of the 21st century labour market includes:

• casual work;
• crowd employment;
• employee sharing;
• job sharing
• interim management;
• ICT-mobile work;
• voucher-based work;
• portfolio work;
• collaborative employment.

The classification by the European Foundation for the Improvement of Living and Working Conditions (Eurofound) shows how the economy and related processes are changing, forcing the creation of previously unknown forms of work characteristic of the post-industrial era. Some forms of work are very different from the traditional employment relationship, while others are close to it (Figure 1). Much depends on the nature of the relationship between the parties and the conditions of employment.

Casual work

One of the flexible forms of employment is casual work, understood as sporadic and irregular work that does not foresee the employee’s time commitment. It depends on a few external conditions and is assigned when there is a need. It includes on-call work, where an employer asks a worker to perform specific tasks when needed. Seasonal work is treated in a similar way as its duration is short, temporary and depends on the season, cycle or accepted period. Casual work is carried out by certain groups (e.g. young people, migrants). A significant proportion of those who work see it as an additional source of income.

Crowd employment

With the development of information and communication technologies, the use of the Internet and the emergence of the collaborative economy, digital platform work has emerged. It consists of bringing together users interested in offering and receiving certain services through computer programmes (applications). This requires the availability of appropriate IT equipment (hardware, network, software). Supply then responds to demand online and transactions take place. A characteristic of platform work is that there are three parties, i.e. the party who commissions the work (the client, the recipient), the contractor (the person who performs the work) and the platform owner (the intermediary who provides the virtual space). Platform work is also defined as a form of contract where an employee performs a service for his employer’s client using online platforms. Examples of this form of activity include transport activities (e.g. Uber, Glovo) or the provision of financial, translation or programming support (e.g. Fixly, Freelancer). An important role is played by algorithmic management, which becomes a virtual employer by distributing tasks, controlling their execution, assessing quality and financial accountability.

Employee sharing

In order to make more efficient use of labour resources, the phenomenon of job sharing is being adopted, i.e. a solution whereby a group of employers jointly hire and take responsibility for workers. Working conditions and mutual responsibilities are usually agreed internally between these employers. In practice, this cooperation can take the form of a strategic partnership, where a network of agents is created in which employees delegate to each other specific (individual) tasks in order to ensure continuity of work. This avoids interruptions or part-time work, being the most profitable. Employee sharing does not always satisfy employees, especially if they are paid by the hour and want to make the most of the time on which their remuneration depends. Another solution is ad hoc sharing, where an employer who is temporarily unable to provide work for his or her employees sends them to work in another company, after agreeing the conditions of such a posting with the host employer. The employment contract between the existing employer (the sending employer) and the employee remains in place and the user employer only performs organisational and operational supervisory tasks related to the planning, allocation and control of day-to-day business activities. In this arrangement, the employment relationship is maintained despite the absence of tasks for the employee. This form of cooperation is similar to temporary work but does not have the commercial element attributed to the agency, which is responsible for finding staff for a specific assignment of the client (user employer).

Job sharing

The basic idea of job sharing is the division of the same job between two or more employees working together on a full-time basis. For an individual employee, this means working part-time. Job sharing also involves the necessary sharing of skills, activities and time. It does not have to be egalitarian. The advantage is flexibility, especially when employees want to combine work and private life, but the danger is the dispersion of responsibility for the tasks performed. It works well as a mentoring system for senior and junior staff to work together.

Interim management

The atypical character of this form of employment lies in the involvement of specialised experts who are needed for a specific task or to solve a specific problem in the company. The essential element is the expert knowledge of the person employed, who, thanks to his or her experience, provides assistance in the event of the need to implement a project, the occurrence of a problem in a particular area or the need to manage the company in difficult situations (e.g. economic crisis, restructuring). The legal basis is any contract agreed (chosen) by the parties, often a non-employment contract. Sometimes employers agree among themselves to use the expertise of a specialist they have and can lend to each other.

ICT-mobile work

The development of information and telecommunication technologies has led to an increase in teleworking, which can be carried out permanently or partially at a distance from the employer’s main office. This is usually the employee’s place of residence, but the parties may also specify a telecentre, call centre or virtual office. A peculiarity of telework is the use of electronic means of communication to communicate and send the results of the tasks performed. It can be ordered if the employee has the technical and local skills and abilities to perform such work and the nature of the work allows it. The means and materials for the work and logistical support are provided by the employer. However, there is no objection to the employee using his or her own equipment, as long as it is possible to respect and protect confidential information and other protected business or personal secrets, as well as information the disclosure of which could cause harm to the employer. It is important to agree the terms of cooperation. It is usually assumed that the employer is responsible for the health and safety of teleworking and for accidents during teleworking, but to the extent that they are related to means or materials provided by the employer, the employer will cover the costs of installation and maintenance of equipment, as well as electricity consumption and telecommunication services. In addition, the worker may be required to keep a record of the activities carried out in the course of his work at a distance.

Voucher-based work

Atypical work may consist of a different way of remunerating the worker. An example is voucher work. The parties enter into an employment contract that provides for the worker to receive vouchers (money without currency) as remuneration instead of a cash payment. In practice, the employer buys such a voucher from an authorised entity and pays for the work done with this means of payment. The employee can exchange it for cash at any time. An important element of the voucher is the inclusion of social security, which is transferred to the employee’s individual account. The structure of the voucher system is similar to that of the bonus system (payment in kind, e.g. coal for miners, firewood for foresters).

Portfolio work

There is a high degree of flexibility in portfolio work, which is carried out by people who value freedom and independence. They tend to be self-employed with income from a variety of sources. They are not dependent on a single organisation but have many clients to serve. They organise their own work, manage their own business and reconcile their professional and private lives, but they do not have the rights of employees and have to bear all the burdens (taxes, insurance) and risks (mainly financial). They set the terms of cooperation, make their own decisions, create their own brand, are responsible for the quality of their work and enjoy a wide range of opportunities for new challenges and the combination of different skills. Freelancers are expected to be proactive, reliable and constantly adapt to unpredictable business situations and client expectations. On the one hand, they enjoy their autonomy, but on the other, they are prone to losing their work-life balance and suffering from the negative effects of workaholism.

Collaborative employment

A feature of collaborative employment is the cooperation between self-employed, sometimes including small and medium-sized enterprises, which allows them to run a business together. In most cases, the self-employed join forces with others in order to overcome the constraints resulting from the size of their business and their occupational marginalisation (isolation). In this way they try to strengthen their position in the market. One form of grouping is through umbrella organisations, which support and protect professionals, manage their administrative affairs (e.g. filing of forms, circulation of invoices), but also allow them to maintain the main characteristics of self-employment, such as independence and autonomy. However, umbrella organisations do not provide employment stability and social protection, although they sometimes offer some security. Another type of collaborative employment is coworking, i.e. working individually but in a group, in a shared space with others. Each person carries out his or her tasks separately, but uses the infrastructure created for all. Co-operatives are also a common solution, where self-employed people join as members to exchange knowledge and experience in their field of expertise, to share information on market developments and to strengthen marketing.