 Subjects -> LABOR UNIONS (Total: 27 journals)
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- Platform work and beyond
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Authors: Frank Hendrickx
Pages: 465 - 473
Abstract: European Labour Law Journal, Volume 14, Issue 4, Page 465-473, December 2023.
Citation: European Labour Law Journal
PubDate: 2023-11-20T04:50:00Z
DOI: 10.1177/20319525231210744
Issue No: Vol. 14, No. 4 (2023)
- The platform discount: Addressing unpaid work as a structural feature of
labour platforms-
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Authors: David Mangan, Karol Muszyński, Valeria Pulignano
Abstract: European Labour Law Journal, Ahead of Print.
Digital labour platforms are able to structure work to limit paid working time, extract fees from workers to access labour, and shift costs associated with occupational safety and health (OSH) compliance onto platform workers. We call this unpaid work the ‘platform discount’. Unpaid labour is embedded within platforms’ competitive strategies as platforms operate with labour oversupply while clients use multiple platforms to search for the cheapest option (multi-homing effect). The authors study pathways through law that would limit the incidence of unpaid work by revisiting three areas of the legal framework: working time, safety and health, and access to work/labour intermediation. The authors argue that reclassification, suggested, among others, by the draft Platform Work Directive, can reduce the platform discount for the misclassified workers, but will leave solo self-employed unprotected. The authors explore two possible strategies to reduce the platform discount for the solo self-employed working on labour platforms: 1) a broader understanding of the concept of working conditions on digital labour platforms covering both standard employees and solo self-employed; 2) proceeding area by area, with the extension of occupational safety and health to the solo self-employed on digital labour platforms being the most feasible and promising from a regulatory standpoint.
Citation: European Labour Law Journal
PubDate: 2023-11-13T11:00:32Z
DOI: 10.1177/20319525231210550
- Multiparty relationships in platform work: Cross-European case law
developments and points of departure for (supranational) regulation-
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Authors: Christina Hiessl
Abstract: European Labour Law Journal, Ahead of Print.
Multiparty constellations are on the rise in the labour market, and they can make the classification of contractual relationships exceedingly difficult. Recent case law on platform work provides an insight into the various problems resulting from this development. The article provides an overview of cases in which courts and/or administrative bodies across Europe were called upon to rule on platform workers’ rights in cases that involved relevant multi-party constellations. It establishes a typology of the different actors that have figured as defendants in cases on platform workers’ rights and explores the consequences for both procedural and material aspects. On the basis of these insights from case law, as well as a brief review of the European Parliament's suggestion of regulating subcontractor liability in the proposed directive on platform work, a number of regulatory implications are identified.
Citation: European Labour Law Journal
PubDate: 2023-11-02T05:03:36Z
DOI: 10.1177/20319525231208637
- Human rights at work: The experience of The Turkish Constitutional Court
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Authors: Engin Yıldırım
Abstract: European Labour Law Journal, Ahead of Print.
The article presents an account of the use of human rights litigation in the employment context through the lens of the Turkish Constitutional Court's (TCC) case law, focusing on the two core human rights of freedom of expression and the right to respect for private and family life under the individual application remedy. The main argument of the article is that the elevation of employees’ free speech and privacy concerns in employment relations, from an understanding and examination based on the employment contract to a constitutional level of review due to the availability of the individual application procedure, allows employees to confront employer-imposed restrictions that may infringe their constitutionally protected human rights. Direct access to the TCC potentially provides greater safeguards for employees' enjoyment of core human rights at work and beyond. At the same time, it is crucial not to magnify the role of individual applications in providing constitutional human rights protection to employees mainly because of procedural requirements.
Citation: European Labour Law Journal
PubDate: 2023-10-30T06:32:37Z
DOI: 10.1177/20319525231208635
- The employment implications and tax status of English football referees:
Commissioners for HM Revenue and Customs v Professional Game Match
Officials Ltd [2021] EWCA Civ 1370-
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Authors: David McArdle
Abstract: European Labour Law Journal, Ahead of Print.
In September 2021, the Court of Appeal in England and Wales delivered its judgment in the case of Commissioners for HM Revenue and Customs v Professional Game Match Officials [2021] EWCA Civ 1370 (hereafter PGMOL). The case concerned the employment status of referees who officiate in the men's professional game. The First-Tier Tribunal of the Tax and Chancery Chamber (FTT) had allowed PGMOL's appeal against the Revenue's determination that a certain class of part-time referees were the employees of PGMOL under s. 4(1) of the Income Tax (Earnings and Pensions) Act 2003, and that income tax and employer's national insurance contributions should be deducted from the payments that PGMOL made to them in 2013–2016. On the Revenue's appeal, the Upper Tribunal (UT) upheld the FTT's decision on 6 May 2020. The Revenue further appealed.
Citation: European Labour Law Journal
PubDate: 2023-09-21T06:33:49Z
DOI: 10.1177/20319525231201279
- The intersection of casual work and platform work: Lessons learned from
the casual work agenda for the labour protection of platform workers-
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Authors: Ilda Durri
Abstract: European Labour Law Journal, Ahead of Print.
In recent years, the advent of platform work, i.e. work activities channelled through web platforms or apps, has been at the centre of discussions for being ‘an opportunity-generating machine’, and its darker side, that is the poor quality of working conditions associated with it, has also been discussed. Work patterns inherent in platform work, such as unpredictable work schedules and work insecurity (even for the next minute or hour), the lack of a stable income, and exclusion from even basic protections, have long been detected. They can be traced back in the daily work of dock workers in the late nineteenth century, but also in more contemporary forms of casual work, such as on-call work or zero-hours work. Accordingly, history seems to repeat itself, and even go to extremes with platform work. Against this background, this article focuses on the intersection of casual work and platform work, and explains that as a result of it, platform work can actually fall within the scope of broader regulatory strategies applicable to casual work, hereinafter the casual work agenda. The regulatory challenges deriving from the insecure nature of the work have already been dealt with by national and supranational regulators in the context of casual work. This article evaluates an already-available blueprint - the casual work agenda - in light of reducing the working hours, job (work), income, and employment status insecurity associated with platform work. To this end, it observes that a rich legal landscape exists in the Netherlands for addressing these insecurities. At the EU level, there are also insightful legal tools, prominent examples being the Transparent and Predictable Working Conditions Directive, the Fixed-Term Work Directive, and the Working Time Directive. They provide for important legal safeguards, especially in countering working time and job insecurity. This article also looks at the proposed EU Directive on Platform Work and notes that it overlooks the legal safeguards contained in these instruments. Having regard to this, it calls on EU policymakers to redefine this legal initiative in light of the best regulatory practices offered by the casual work agenda.
Citation: European Labour Law Journal
PubDate: 2023-09-20T10:28:47Z
DOI: 10.1177/20319525231194269
- Cross-border telework in light of the Rome I-Regulation and the Posting of
Workers Directive-
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Authors: Stan Bruurs
Abstract: European Labour Law Journal, Ahead of Print.
Labour mobility within the European Union can take multiple forms and is becoming an increasingly diversified phenomenon. On the one hand, workers can move physically from one Member State to another for a short or long stay, while, on the other hand, virtual migration is rising. Partly due to globalisation and the Covid-19 pandemic, cross-border telework – which can take place anytime and anywhere – has become an integral part of society. Whereas the social security and tax laws applicable to these cross-border teleworkers have been researched extensively, the applicable labour law, following the Rome I-Regulation and the Posting of Workers Directive, remains unclear. The same is true regarding the qualification of such cross-border teleworkers as posted workers under the free movement of services. Indeed, these legal frameworks include a general approach without prescribing specific connecting factors or conditions of application tailored to the virtuality of cross-border teleworkers. Consequently, this contribution examines the labour law applicable to cross-border teleworkers within the EU and the (un)surmountable bottlenecks that arise in applying the legal frameworks currently in place.
Citation: European Labour Law Journal
PubDate: 2023-09-16T09:53:15Z
DOI: 10.1177/20319525231194267
- ‘Just more surveillance’: The ECtHR and workplace monitoring
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Authors: Michele Molè, David Mangan
Abstract: European Labour Law Journal, Ahead of Print.
This contribution analyses the European Court of Human Rights’ (ECtHR) decision on workplace surveillance, Florindo De Almeida Vasconcelos Gramaxo v Portugal (2022) App no 26968/16 (ECtHR 13 December 2022). This is a case of interest as it introduces a new surveillance technology into the Strasbourg jurisprudence: the Global Positioning System (GPS). The movements of Mr. Florindo's company car were constantly monitored by GPS for three years, during and outside working hours. We criticise the stance taken by the majority of the judges, which we summarise as a ‘just more surveillance’ approach. This approach led them to value the GPS’ efficiency in pursuing a legitimate employer aim, and failed to engage in a critical analysis of this tool and of the alternative (less invasive) means available. We argue that the Court did not effectively protect the employee's right to privacy (Art. 8 European Convention on Human Rights) through a proper ‘least intrusive mean test’, which can be found in previous ECtHR case law on the subject.
Citation: European Labour Law Journal
PubDate: 2023-09-15T06:09:52Z
DOI: 10.1177/20319525231201274
- The effective application of the right to collective bargaining for
self-employed (platform) workers: ‘Not such an easy task’-
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Authors: Charalampos Stylogiannis
Abstract: European Labour Law Journal, Ahead of Print.
This article contends that the effective application of the right to collective bargaining for self-employed (platform) workers can be particularly challenging due to the current structure of existing systems of industrial relations, even when we set aside restrictions stemming from competition law. These limitations persist despite the strong legal basis and broad consensus under international law that the right to collective bargaining constitutes a human right with universal application. Several international labour and human rights instruments, along with the findings and wording of their respective supervisory bodies, illustrate that the right to collective bargaining should have a broad personal scope of application, regardless of workers’ employment status. However, in practice, achieving such widespread application is not an easy task. As this article points out, the inability of current industrial relations systems to fully allow self-employed workers to exercise their right to collective bargaining necessitates a discussion on the future of industrial relations.
Citation: European Labour Law Journal
PubDate: 2023-09-06T07:58:33Z
DOI: 10.1177/20319525231194278
- Working time and autonomy: lessons for the new ways of working
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Authors: Sara Huybrechts
Abstract: European Labour Law Journal, Ahead of Print.
This article critically examines the relationship between autonomy and working time, with a focus on the new challenges in the world of work and explores whether traditional approaches can address new challenges. By comparing the situation of autonomous workers to known contexts, valuable lessons emerge. Autonomous work in this contribution is approached as work under subordination with at least one of three characteristics, namely, time independency, place independency (understood as autonomy in respect of hours and place of work) and autonomy in the performance of the work. The discussion covers issues such as the concept of working time, reconciling constant connectivity with rest periods, the scope of the Working Time Directive and the derogation of Article 17(1), as well as the obligation to measure working time. Comparative examples from Belgium, France, Finland and Italy provide useful and tangible insights into the application of the Working Time Directive. The article concludes that while old insights alone cannot address the specific issues faced by autonomous workers, they can guide the identification of suitable rules and regulations.
Citation: European Labour Law Journal
PubDate: 2023-09-06T07:58:14Z
DOI: 10.1177/20319525231194268
- Autonomous Regulation of Work in the Gig Economy: The first collective
bargaining agreement for riders in Sweden-
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Authors: Niklas Selberg
Abstract: European Labour Law Journal, Ahead of Print.
The gigification of work has—in line with global trends—reached the highly-regulated Swedish labour market, with its high degree of both union density and coverage of collective bargaining agreements—and high labour costs. More and more gig workers are becoming union members, and in late January 2021 the first Swedish collective bargaining agreement (CBA) for food delivery platform workers (riders) was concluded between the Transport Workers’ Union and Foodora. The article illustrates to what extent, and how, the inherited formulas for trade union activity and collective bargaining are made relevant for platform-mediated work. The role of old actors and regulatory means are put to use in the ‘new’ labour market. This article provides an analysis of the first CBA in the Swedish gig economy and illustrates how pre-existing labour law norms are both a restraining and an enabling factor for trade unions and collective bargaining in the gig economy. What can be learned about the nature of work in the gig economy or platform-mediated work from the way it has been integrated into the Swedish model for labour relations with its particular traits' Or, what can be learned from the first CBA in the gig economy in the promised land of collective bargaining'
Citation: European Labour Law Journal
PubDate: 2023-06-27T07:20:15Z
DOI: 10.1177/20319525231178980
- As clear as mud: Assessing the relationship between proposed pay
transparency mechanisms and data protection obligations in EU law-
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Authors: Victoria E. Hooton, Henry Pearce
Abstract: European Labour Law Journal, Ahead of Print.
This article considers the provisions of the EU's proposed pay transparency Directive and comments upon their potential for uncovering and rectifying pay imbalances. We note the necessity of pay transparency measures, for full realisation of the right to equal pay for equal work or work of equal value, given that information access inequality is usually present between employee and employer. Whilst many of the innovations in the proposed provisions are commendable and desirable, we see several obstacles to success in the drafting of the proposed articles. Specifically, regarding the most important transparency provisions—the requirement to report on gender pay gaps, and the right to request and receive comparator pay data—the ease with which concerns over a potential clash with data protection obligations has been dismissed is concerning. In light of the jurisprudence of the Court of Justice of the European Union on data protection obligations, and the fallibility of data anonymisation techniques, we predict a tension between these two sets of provisions that has not been entirely precluded by the drafting of the new pay transparency directive.
Citation: European Labour Law Journal
PubDate: 2023-06-23T06:05:32Z
DOI: 10.1177/20319525231178985
- Participation of trade unions in corporate codetermination:
Legitimisation, economic impacts and legal protection-
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Authors: Alexander Stöhr
Abstract: European Labour Law Journal, Ahead of Print.
Corporate codetermination is one of the most controversial parts of labour law. This applies, in particular, to the participation of trade unions, which is notably permitted in Germany and Sweden. This article examines the legitimisation and economic impacts of union participation. Special attention will be given to the recent decision of the ECJ concerning the legal protection of trade union involvement in the course of a transformation into a European company (SE). The general aim of this article is to bring the various interests into appropriate balance.
Citation: European Labour Law Journal
PubDate: 2023-06-22T06:18:21Z
DOI: 10.1177/20319525231178992
- How two wrongs may make a right, but four do not – The interesting case
of Dutch employers’ liability-
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Authors: Louis Visscher
Abstract: European Labour Law Journal, Ahead of Print.
Dutch employers’ liability for workplace accidents is a very interesting topic, not only from a legal perspective, but also from a law and economics one. It is one of the few systems in Europe where liability is still based on the fault of the employer, whereas most countries apply a form of strict/no-fault liability or a system of no-fault insurance. It is interesting because the Dutch Civil Code explicitly refers to prevention of work-related losses. Law and economics focuses exactly on the behavioural incentives that are provided by tort liability, instead of on the compensation aspect. In this article, I provide an answer to the question of how Dutch employers’ liability compares to the law and economics desiderata. At first glance, the design of this type of liability (fault liability) is contrary to what law and economics would advocate (strict liability). In addition, the level of care that courts require from the employer seems to be excessively high. Interestingly, both characteristics together result in a situation which, from a law and economics perspective, is almost indistinguishable from the desired strict liability. So, two wrongs may make a right: the ‘wrong’ choice for fault liability combined with the ‘wrong’ level of due care results in the ‘right’ application of (quasi) strict liability. Therefore, at least in theory, employers receive the correct behavioural incentives, which induce them to take the optimal level of care and activity. However, when we subsequently turn our attention to employees, things look less perfect. Law and economics scholars argue that in situations where not only the tortfeasor but also the victim can influence accident probability, both parties should receive behavioural incentives. This implies that a rule of strict liability should be accompanied by a defence of contributory or comparative negligence. The Dutch employer liability regime contains a defence of intent or wilful recklessness on the part of the employee. From a law and economics perspective, this defence provides inadequate incentives to the employee, which is a third wrong. An often-heard response to this line of reasoning is that tort victims will receive behavioural incentives for fear of being involved in an accident in the first place, so the lack of a full defence of contributory or comparative negligence is not problematic. If this is true, then the damages the victims receive do not make them ‘whole’, which introduces a fourth wrong: uncompensated losses. This second set of two wrongs does not make a right, because if victims receive incomplete compensation, tortfeasors do not fully pay for the losses they have caused. This may reduce the behavioural incentives the tortfeasors receive, who may hence not choose optimal levels of care and activity after all.
Citation: European Labour Law Journal
PubDate: 2023-06-16T06:14:01Z
DOI: 10.1177/20319525231177451
- Corrigendum
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Abstract: European Labour Law Journal, Ahead of Print.
Citation: European Labour Law Journal
PubDate: 2022-05-02T07:57:39Z
DOI: 10.1177/20319525221097577
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