The changing world of work: evolving legal protections for atypical employees – the case of religious-ethos employers

The ‘traditional’ employment contract (i.e. a full time open-ended
employment contract) are losing more and more ground. Atypical forms
of employment are increasingly appearing due to many reasons, most of
which can be ascribed to changes in society and the economy (e.g.
globalization, ageing workforce, technical progress, digitalization, etc.).
The emergence of special forms of employment is also fuelling
legalisation. Often, an atypical employment relationship is accompanied
by a specific legal framework. Partly because of this, traditional (federal)
labour law is being cornered. In Belgium, the factor of decentralisation
also plays a role, as a result of which more and more powers are assigned
to the various authorities. This allows the communities or the regions,
for example, to act in areas previously regulated uniformly by the federal
legislator. The question arises to what extent the provisions applicable
to the employment of atypical workers, in its widest sense, affect (labour
law) protection.
This main research theme enables the focus on different research tracks
related, for example, to temporary employment, temporary agency
work, employment in religious-ethos enterprises, the legal status of
teaching staff, etc.
As suggested above, one of the strands of the main research theme
concerns employment in so-called ‘religious-ethos organisations’
(Tendenzbetrieb or Entreprise de tendance). More specifically, this
research project focuses on the alleged far-reaching opportunities available to private educational institutions as religious-ethos employers
in order to shape their personnel policy. The main objective of the
research is to clarify the presumed unique status of this employer. In this
regard the possibilities for religious-ethos employers to restrict the
fundamental rights of their employees and/or to treat them unequally is
being examined. It is expected that the results will clarify the possible
restrictions that religious-ethos employers may impose on e.g. the
private life or the right to freedom of expression of their (future)
employees. And, moreover, the extent to which these employers may
treat their (future) personnel differently by imposing specific
requirements that are linked to religion or belief. Although the research
focuses on a particular category of religious-ethos employers (i.e. within
private education), it will also generate findings useful in clarifying the
status of religious-ethos employers more generally.
This research is expected to have a major impact both from a societal as
a scientific point of view as institutions based on religion or belief, within
or outside education, are omnipresent and often play a prominent role
in various areas of society (e.g. a Humanist association, a Jewish school,
a Catholic healthcare institution, etc.). Moreover, the research will offer
new insights on, among other things, the relation between European and
international law, but also on the relationship between labour law and
fundamental rights and/or non-discrimination law, etc..