The need for protections beyond the contractual status The proposal for a directive “on improving working conditions in platform work”[1] is part of a broad reformist design, aimed at balancing the needs for competitiveness in the digital economy with the protection of fundamental rights. There are many interconnected legislative tracks, including the marketing and use…
Unraveling the big picture Nowadays, a deviation from full-time, permanent jobs with one single employer– so-called standard employment- represents an important work reality. Within this reality, a sheer diversity of work typologies have proliferated, with the most well-known examples being fixed-term, part-time, and temporary agency work. In addition, other less typical forms of non-standard work…
The Great Resignation has been a frequent discussion point in the United States. The following graph from Pew Research outlines the top reasons US workers have left a job in 2021. Broadly we may categorise these as working conditions issues. Aside from pay which is a common consideration, some of the reasons pertain to the…
Is the European Commission’s proposed directive on adequate minimum wages an attempt to build resilience into the labour market? The European Commission’s proposed directive on adequate minimum wages (Directive on adequate minimum wages in the European Union COM/2020/682 final) has elicited strong opinions. (The Commission’s Impact Assessment also adds to the discussion.) The adequate minimum…
Reclassification of ‘gig’ workers in California The State of California passed a law in force as of 1 January 2020 that classified ‘gig’ workers as employees of the platforms engaging their services ‘unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the…
On 22 June 2020, the European Social Partners released their Autonomous Framework Agreement on Digitalisation.The Social Partners signing this agreement were: BusinessEurope, SMEunited, CEEP, ETUC and the liaison committee EUROCADRES/CEC, The Agreement is welcome (particularly in the midst of a pandemic) as an acknowledgement of the continuing movement towards a predominantly digital means of working…
Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to…
From an EU social and labour policy perspective, 2020 started off on the right foot. In mid-January, the Commission presented its Communication on “A Strong Social Europe for A Just Transition”. In the Communication, the Commission’s priorities (the European Green Deal and the digitalization agenda) appeared to be intertwined with the commitment to promote fairness…
It cannot be disputed that labour law has served and still serves as the institution that protects the dependent workforce. Yet labour law has also served the purpose to codify the authority of the employers over their employees while, in return, recognising them the entitlement to certain rights they can invoke against the employer itself….
Reflecting on digitalization (as a collective term for artificial intelligence, robotization and new technologies) of the workplace draws out the confused intermingling of outcomes and ambitions. The aims of technological innovations entrench an economic understanding of efficiency, often at the expense of social considerations, which pose significant potential to displace human workers. These aims, as…
