POGREŠNA KVALIFIKACIJA UGOVORNOG ODNOSA : JEDAN OD BROJNIH IZVORA NESIGURNOSTI RADA U INDUSTRIJI VIDEOIGARA

Abstract

Working in the video game industry is associated with many uncertainties, since the legal position of the worker depends on whether the work is performed on the basis of a civil law contract (self-employment) or employment contract (employment relationship). Considering that labour law imposes numerous legal obligations on an employer to protect the worker as the weaker contractual party (due to subordinate position and economic dependence of the worker in relation to the employer), an employer often deliberately practices fraudulent (unlawful) contracting of work. The article draws upon an in-depth analysis of this creative economy sector. The author critically deals with identified weaknesses and risks of precariousness that workers are exposed to and offers possible alternatives for consideration without examining the effectiveness of legal solutions of individual EU member states, but leaning towards the example of good practice on the Croatian videogame market.