Precarious Work, Citizenship and the Law: Challenges and Opportunities

Abstract

Work, even precarious work, is often assumed to be the path to social inclusion f or citizens. Hence, over recent years, Western Democracies have through law changes allowed, and sometimes encouraged, precarious work to increase. However, it is suggested that in a democracy, rather than solely concerning itself with the inclusion of citizens in the workforce, the state ought to facilitate political participation and equality between citizens. Precarious work, as currently organised, is examined and found antithetical to these goals.

The paper draws on European and feminist labour law theory to envision a future where precarious work is liberating and conducive to citizens' full participation and inclusion in all aspects of life. Some areas f or possible legal reforms that could help the realisation of this vision in New Zealand are outlined.