Fair Trade Law Q&A - Enterprises

Can workers be considered "enterprises" under Article 2 of the Fair Trade Act?

Under Article 2, Paragraph 1 of the Labor Standards Act, a "worker" is defined as a person who is hired by an employer to for wages. Although the relationship between a worker and an employer may, in form, resemble the provision of services in a transactional context, its legal substance differs.A worker is incorporated into the employer's business organization and provides labor subject to the direction and control of the employer pursuant to a labor contract. In other words, the services performed by the worker are not determined independently but are instead carried out under the employer's supervision and control. Accordingly, a worker lacks the autonomy and independence characteristic of an enterprise and does not bear entrepreneurial or business risk.