Future of Work: Formal rights, collective action and experiences of work within the platform economy (original) (raw)
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Labour Law Status of Platform Workers – Between Autonomy and Subordination
Regional Law Review
The paper deals with the theoretical and fundamental conceptual foundation of new forms of work arrangements, i.e. so-called "platform work", considering its practical application. The idea of matching the supply and demand for paid work through an online platform in the era of "platform capitalism" creates several legal discrepancies calling for urgent policy and legal answers. In the paper, we aim to analyse the so-called "platform work", which is staying halfway between traditional subordinate work and self-employment, by applying the legal normative and comparative method, along with the holistic approach to the research subject regarding the identification of its legal nature. The standard elements of the employment relationship-a contract-based relation, the performance of work on another's behalf, payment of remuneration and subjection to direction and supervision i.e. subordination-need to be considered in terms of the technological changes, transformations in the organisation of companies and, consequently, the flexibility of work arrangements. The importance of adjustment of the labour law theory and practice to a new reality by addressing the "products" of the gig economy represented in new digital forms of work supports the principles of social justice, equity, and dignity at work. The labour law needs to follow changes in the economy and society by expanding the scope of its core concepts to address the regulatory gaps and perform its mission of protection of employment-related rights and freedoms.
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
Z Problematyki Prawa Pracy i Polityki Socjalnej, 2023
The aim of this paper is to analyse a new form of employment which has appeared in the Polish labour market in recent years, i.e. work via digital platforms. The author discusses the issue of platform work in the context of its impact on the current labour market. Particular attention is paid to the identification of threats connected with this new form of employment, the demands of the European and Polish trade unions put forward in relation to platform workers and the regulations planned in this field at the EU level. The author also shares his reflections on the practices applied by the owners of digital platforms and the effective method of their control by Member States.
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...
Improving working conditions in platform work (AK EUROPA Position Paper, 2022)
For years, workers organisations, including AK, have been calling for a legal framework for workers employed via online platforms to ensure minimum standards of legal and social protection. Therefore, AK welcomes that the Commission has presented a directive proposal to improve working conditions in platform work. Among other things, the reversal of the burden of proof, according to which it is incumbent on the labour platform to prove, where applicable, the absence of an employment relationship, is positive. However, improvements are also needed in some areas, which are outlined in this position paper: The criteria for the legal presumption are too restrictive and a clear definition of the person who is to be classed as the legally responsible employer is required.
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...
DECOMMODIFYING PLATFORM WORK THROUGH AN EU DEFINITION OF WORKER
Glocalism, 2023
This article aims to highlight the process of recommodification characterizing the new forms of work today, in particular gig economy jobs, and the possible solutions that can be suggested to guarantee adequate protection. After having explained the importance of labour law to decommodify the new forms of work, in particular platform work, this article explains the different ways to legally classify them at the national level and the relevant contribution an EU definition of worker could bring to address the problem of recommodification. In doing this, the article also mentions some relevant aspects of the EU proposal for a directive in the field.