Thematic Briefing #6 - Spanish Regulation of Work on Digital Platforms: Social Dialogue and Algorithmic Governance in focus (original) (raw)
Related papers
2018
On November 16, I had the opportunity to participate in the round table of the III Annual Conference of the Institute of Labor Studies of the Autonomous University of Barcelona, hold in Barcelona and dedicated to the future of work. My intervention focused on the employment status discussion of platform workers in national courts (as far as my knowledge reaches, at least, in the following countries: Australia, Brazil, Chile, France, Italy, United Kingdom, United States and Spain). In my opinion, this analysis suggests that a 'false debate regarding dependence or subordination' is taking place, in particular because the fact that the service is developed through platforms (offline and online) does not weak by itself this substantial trait. Thus, without denying the challenges that this new reality poses, which affect several employment contract's aspects, I defend the non-obsolescence of the characteristics of paid employment in this environment. In other words, I'm far from the initiatives that plead the " independent worker " status nor independent contractor (see for a full detailed explanation in this paper – Spanish). The main purpose of this post is to compile these judicial decisions and offer a descriptive non exhausthive overview, highliting certain aspects of the considerations (in any case, I apologize in advance if any
Emerging Platform Work in the Context of the Regulatory Loophole (The Uber Fiasco in Hungary)
SSRN Electronic Journal, 2021
The study examines the essential features of the so-called platform-based work, which is rapidly evolving into a major, potentially game-changing force in the labor market. From low-skilled, low-paid services (such as passenger transport) to highly skilled and high-paying project-based work (such as the development of artificial intelligence algorithms), a broad range of tasks can be carried out through a variety of digital platforms. Our paper discusses the platform-based content, working conditions, employment status, and advocacy problems. Terminological and methodological problems are dealt with in-depth in the course of the literature review, together with the 'gray areas' of work and employment regulation. To examine some of the complex dynamics of this fast-evolving arena, we focus on the unsuccessful market entry of the digital platform company Uber in Hungary 2016 and the relationship to institutional-regulatory platform-based work standards. Dilemmas relevant to the enforcement of labor law regarding platform-based work are also paid special attention to the study. Employing a digital workforce is a significant challenge not only for labor law regulation but also for stakeholder advocacy.
Social Rights and Work on Digital Platforms in Brazil: The Case of “Breque dos Apps”
Sociology Study, 2023
The movement known as "Breque dos Apps" was a social movement of a striker nature, which took place in Brazil in July 2020. Such movement was organized by workers which provided services to delivery apps (like iFood, Loggi, Uber Eats and Rappi). They demanded better working conditions and social protection measures, since they were out of the protection of the Brazilian legal system. The reason for this lies in the fact that there is a debate about the classification of these workers-the maximum expression of the gig economy-as employees under Brazilian legislation. As a result, and with the exponential growth in the use of these applications due to the Covid-19 pandemic, thousands of workers were left on the fringes of any social protection. This study aims to analyze the aforementioned movement and its demands within the paradigm of social rights, especially the ones regarding collective representation, which are guaranteed by the Brazilian Constitution. In terms of methodology, the content analysis method will be applied, considering that the established objective presupposes the study of theoretical and legal texts that allow the structuring of concepts applicable to the theme. The research technique to be adopted will be the analysis of indirect documentation, that is, literature review, to be carried out through bibliographic and documentary research, focused on literature and legal texts related to the topic.
La revolución digital de la economía Uber. Redefiniendo las relaciones laborales
Revista Jurídica Digital UANDES
El presente estudio se focaliza en la figura de los “Gig Workers” de plataformas digitales tales como Uber y Deliveroo, así como en la necesidad de una regulación específica que se ajuste a las particularidades de estas nuevas relaciones de trabajo. Lo anterior, para efectos de prevenir la falta de certeza en relación con el estatus legal de aquellos. Siguiendo como los tribunales en Reino Unido (Common Law) han buscado la manera de redefinir y adecuar el concepto de subordinación y dependencia, este trabajo busca analizar cómo aquellos elementos han sido interpretados para efectos de determinar si aplicar o no la regulación tradicional de las relaciones laborales a las nuevas formas de trabajo que las plataformas digitales han creado. Estos fallos recientes demuestran que no es un tema resuelto. Las herramientas actuales para los tribunales son insuficientes para proveer tanto de certeza como de seguridad a los “Gig Workers” toda vez que estas nuevas formas de trabajo no representa...
The emergence of platform work has provided new opportunities for job creation, yet it also poses numerous challenges, thereby placing the topic at the centre of the policy debate. At the same time, discussion of the platform economy usually fails to acknowledge the coexistence of different platform models and their diverse socioeconomic impact with regard to the SDGs and the European Pillar of Social Rights (EPSR). This paper aims to contribute to the debate on regulating platform work by testing the ‘Charter of digital workers’ rights’ arising from the Platform Labour in Urban Spaces (PLUS) European project, in three platform cooperatives: Fairbnb.coop, SMart, and Katuma. The empirical analysis and testing are based on qualitative surveys, co-creation sessions and interviews. The analysis could prove useful for further EU policy, national transposition of EU legislation and potential legislation worldwide. The results show the importance of providing a clear-cut definition of plat...
Capitalism in the Platform Age, 2024
This paper addresses the topic of platformisation of labour by investigating two case studies: Uber in Lisbon and Deliveroo in Bologna. According to the theoretical frameworks of variegated capitalism and supported by the analysis of empirical evidence stemming from the ground, the authors outline the hypothesis of a variegated platformisation, that is, the persistence of (dis)continuities in the operations of digital platforms between different socio-institutional contexts. This means that while, on one hand, the platform business model’s logic of accumulation and value extraction is the same regardless of the contexts, on the other side platforms reveal a strong ability to move in (and between) the specific socio-institutional-political regulatory framework. By following the algorithm, which is adopting a multi-sided ethnographic approach investigating how algorithms change across time, space and sectors, the paper will stress both similarities and differences between platform labour process in Deliveroo in Bologna and Uber in Portugal. Finally, while on one hand the conclusion will focus on how institution (still) matter, crucially influencing the development of platforms, on the other it will be stressed the necessity of a more nuanced approach to understand the uneven development of platform capitalism.
Platform Work: From Digital Promises to Labor Challenges
Partecipazione e Conflitto, 2019
The pervasiveness of the digital ecosystem reconfigures the organization of work. The new industrial revolution is increasingly based on the platform as a new productive paradigm. Platforms are more than a technical device and they produce huge effects in the labour market: lowering access credentials and empowering casualization of work, dis/re-intermediation labour demand and supply, affecting motivations and rewarding systems, reconfiguring process of control and risks transfer, renewing regulative standards, or re-organize representativeness and welfare protection. Fragmentation, precariousness, flexibility and instability become permanent traits of the workforce fostering the emergence of the cybertariat. Moreover, connectivity, evaluation and surveillance determine new working conditions tested on workers outside any bargaining process or institutional work arrangement. Platform workers (both high skilled and low skilled) are still largely unorganized and isolated. Similarly t...