Improving working conditions in platform work in the light of the recent proposal for a directive

Improving working conditions in platform work in the light of the recent proposal for a directive
Author: Stefano Bellomo
Publisher: Sapienza Università Editrice
Total Pages: 260
Release: 2023-10-26
Genre: Law
ISBN: 8893772981

This collective work has the aim to bring together several contributions by scholars from different Countries through the leitmotif of the analysis of work through digital platforms, also in the light of the latest proposal for a European Union directive. The first section focuses on the analysis of digital platform work, in various aspects, including issues concerning the use of artificial intelligence. The second section analyses issues related to the development of workers’ rights through digital platforms. In the third section, the authors made considerations on the intervention of the draft directive on qualification.

Casual Work Arrangements and Platform-Based Work

Casual Work Arrangements and Platform-Based Work
Author: Ilda Durri
Publisher: Kluwer Law International B.V.
Total Pages: 376
Release: 2023-08-22
Genre: Law
ISBN: 9403531177

Platform work – in which work activities are channelled through web platforms or apps – has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work – often linked to insecure or precarious working conditions – until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers. The analysis proceeds through a detailed comparative legal analysis of casual work in four industrialized countries – the United Kingdom, the Netherlands, Belgium, and Italy – shedding light on the divergent regulatory approaches to this work typology. Then, it moves on to EU legislators’ efforts to develop a regulatory matrix on casual work, focusing on directives such as those on fixed-term work, working time, and transparent and predictable working conditions. The author concludes with recommendations for redefining the EU legal initiative on platform work, in light of the national and EU legal instruments examined in this contribution. Issues, such as the insecure nature of work, unpaid stand-by time, and work insecurity, come to the fore. The purpose of this book is to assist policymakers and social partners in finding viable legal solutions to tackle some of the labour protection challenges posed by platform work. At the same time, it serves as a reminder to EU policymakers, that existing legal instruments on casual work constitute an available blueprint which could be beneficial in dealing with such regulatory problems. Issues and topics covered, in a nutshell, include the following: what is captured under the label of casual work arrangements; the shared features between casual work and platform work, with a focus on their insecure working conditions; the employment status insecurity; the insecurity of working hours; the uncertainty of the continuity of employment; the income insecurity; peculiar traits of platform work; the development of the EU regulatory matrix on casual work; the relevance of the directives on working time, fixed-term work, and transparent and predictable working conditions, for the protection of platform workers; and the improvement of the proposal for a Platform Work Directive in light of the above instruments.

Platform Workers in Europe

Platform Workers in Europe
Author: Annarosa Pesole
Publisher:
Total Pages: 61
Release: 2018
Genre:
ISBN: 9789279879968

The recent surge of digital labour platforms has led to new forms of work organisation and tasks distribution across the workforce. This has raised several questions about the functioning and the benefits deriving from the reorganisation of work that those platforms entail and the associated risks. The European Commission assessed online platforms in a May 2016 communication, focusing on both their innovation opportunities and regulatory challenges. In June 2016 the Commission also adopted its European Agenda for the Collaborative Economy, which clarified the concept and provided some guidance on the employment status of platform workers and the EU definition of worker. The European Pillar of Social Rights aims to address some of the policy challenges associated to new forms of employment, including platform work. As accompanying initiatives, the Commission presented in December 2017 a proposal for a new Directive on transparent and predictable working conditions, and in March 2018 a proposal for a Council Recommendation on access to social protection for workers and the self-employed. A crucial issue in designing the policy response to the emergence of digital labour platforms is the lack of reliable evidence. In 2017, the JRC conducted the COLLEEM pilot survey, an initial attempt to provide quantitative evidence on platform work, responding to calls by the European Council and the European Parliament. The survey provides a basis for an initial estimation of platform work in 14 Member States.

Improving Working Conditions in Platform Work

Improving Working Conditions in Platform Work
Author:
Publisher:
Total Pages: 2
Release: 2022
Genre:
ISBN: 9789276445210

The platform economy brings innovation, flexibility, access to the labour market, and it responds to consumer demand. People working through digital labour platforms should benefit from appropriate labour rights and social protection.

Managers in European Law

Managers in European Law
Author: Natalie Videbæk Munkholm
Publisher: Kluwer Law International B.V.
Total Pages: 439
Release: 2024-02-08
Genre: Law
ISBN: 9403533161

Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers; comprehensive analysis of cases before the European courts with full awareness of applicable rules; distinction between registered front directors and those who act as de facto managers; how employees (and to some degree other stakeholders) may be involved in management; trends in current EU law that increase the need to protect managers; trends that increase the need to hold managers liable; right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer. According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.

Making and Breaking Gender Inequalities in Work

Making and Breaking Gender Inequalities in Work
Author: Mia Rönnmar
Publisher: Edward Elgar Publishing
Total Pages: 207
Release: 2024-06-05
Genre: Business & Economics
ISBN: 1035337479

This timely book expertly analyses the persistence of gender inequalities in work. Despite the progress made through frameworks regulating work and employment relations, the COVID-19 pandemic exposed and exacerbated gender divides in labour markets. The authors present innovative ways to promote gender equality in a variety of industrial relations systems, welfare state models and labour market sectors.

The Oxford Handbook of the Law of Work

The Oxford Handbook of the Law of Work
Author:
Publisher: Oxford University Press
Total Pages: 961
Release: 2024-08-15
Genre: Law
ISBN: 0192697579

At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

Catholic Social Teaching and Labour Law

Catholic Social Teaching and Labour Law
Author: Mark Bell
Publisher: Oxford University Press
Total Pages: 241
Release: 2023-11-16
Genre:
ISBN: 0198873751

Catholic Social Teaching and Labour Law explores the contribution that religious ethics makes to debates on justice in working life. Many faiths include beliefs about the significance of work to human development and the need for work to be performed under conditions that uphold dignity, equality, and solidarity . This book considers how the substantive provisions of labour law reflect prior ethical choices about how workers should be treated, and how beliefs from Catholicism influence these. This book provides a thorough account of the principles found in Catholic Social Teaching (CST), and how these impact human work and labour rights . It tests the contemporary relevance of its principles by applying them to current debates, using EU labour law as a case study. Specifically, it examines CST on the right to a just wage, the right to rest, worker participation, and equality and discrimination. The book finds that CST offers fresh insights on long-standing injustices in the labour market, such as low wages or poor working conditions, and also sheds light on emerging challenges such as ensuring rest in an era of digital connectivity. The book recognizes that tensions arise in areas where the Church's beliefs diverge from those that prevail in a secular understanding of human rights. This is particularly evident in debates relating to equality. It concludes that faith-based perspectives should be included in pluralistic dialogue on the future of labour law.