Comment Re:Has the EU stopped all corporate "creativity?" (Score 2) 98
I'll admit - I don't understand how companies haven't gone cat and mouse with this. For example, if a company wants to create a speculative product, couldn't they just fund a "contracting company" that hires people? If the bet is successful, the parent company buys out the "contracting company" - otherwise, they stop paying the other company and it just goes bankrupt.
I think it's basically "tactical insolvency."
The cat and mouse game does happen since companies do try these kind of tactics, but regulators know them well too.
If a company exercises enough control over a contractor, regulators can decide that the relationship is effectively an artificial construct meant to skirt employer's obligations. If that's the case, the company can be determined to be the actual employer of the contractors, with all obligations that come with that.