한국사회법학회

Canada has long been a jurisdiction occasionally referenced in legal interpretation or legislative reform debates concerning employment and labour law. Elements of its employment and labour law system resemble those of the United States in some respects and those of the United Kingdom in others, while also exhibiting distinct characteristics of its own. This article aims to partially address the relative lack of detailed introductions to the fundamental structure of Canadian employment and labour law, especially regarding its personal scope of application, and to draw attention to the underexplored intersection between labour law and competition law—an issue that has gained renewed relevance in light of recent efforts to broaden the personal scope of labour protection. Notably, Canadian collective labour legislation explicitly recognizes the category of dependent contractors, granting them collective rights and thereby adopting a partially tripartite classification system similar to Korea’s. This approach differs from that of the United Kingdom, where individuals in intermediate categories are granted not only collective but also core individual statutory protections, such as minimum wage entitlements and limits on working hours. Furthermore, Canada’s enterprise- or establishment-level approach to collective bargaining mirrors the Korean model in several ways. A closer examination of the Canadian framework may therefore offer valuable insights for the Korean legal context.