The self-employed form a significant proportion of the economically active population in all European countries. Like employees, they are exposed to all social risks. However, they often do not receive the same level of social security. This is primarily due to the historical development of social security systems, which were designed based on the concept of traditional employment and have not been sufficiently adapted to the nature of self-employment. The dissertation examines the right of the self-employed to social security, analysing the systemic and legal challenges related to their access to the system and the rights it confers. First, it outlines the issues that arise from the absence of a consistent definition of self-employment, and suggests using a functional definition to evaluate whether the social security legal framework is adequately adapted to this group. The dissertation examines the right of the self-employed to social security, considering international and European legal sources. Particular attention is paid to the dynamic interpretation of legal norms, which allows for adaptation to labour market changes and the development of new forms of self-employment. It emphasises the need for a strengthened role of the European Union and a revision of the fundamental legal acts in this field, in order to better adapt legal standards to diverse forms of work. Various models for organising social security systems for the self-employed are presented, including issues of administrative organisation, financing and classification. The dissertation also analyses the social risks faced by the self-employed and outlines the theoretical basis for their inclusion in the system and access to rights. Special attention is given to the legal framework in the Republic of Slovenia, analysing the legal position of the self-employed within mandatory social insurance schemes and comparing it with the positions of employees and individuals engaged under alternative legal arrangements. The key challenges in realising the right of self-employed persons to social security are identified. Drawing on a comprehensive analysis, the dissertation concludes by exploring potential solutions and offering specific recommendations for improving the legal framework.
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