Digital Work Platforms At The Interface Of Labour Law

Author : Eva Kocher
Publisher : Bloomsbury Publishing
Page : 285 pages
File Size : 52,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509949861

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Digital Work Platforms at the Interface of Labour Law by Eva Kocher Pdf

This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Author : Adalberto Perulli,Tiziano Treu
Publisher : Kluwer Law International B.V.
Page : 500 pages
File Size : 41,9 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528618

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The Future of Work by Adalberto Perulli,Tiziano Treu Pdf

Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Author : Mathias Wouters
Publisher : Kluwer Law International B.V.
Page : 585 pages
File Size : 45,7 Mb
Release : 2021-11-25
Category : Law
ISBN : 9789403540412

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International Labour Standards and Platform Work by Mathias Wouters Pdf

Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.

Author : Charalampos Stylogiannis
Publisher : Kluwer Law International B.V.
Page : 305 pages
File Size : 41,5 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403506876

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Collective Labour Rights for Self-Employed Workers by Charalampos Stylogiannis Pdf

Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.

Author : Janine Berg
Publisher : Unknown
Page : 168 pages
File Size : 52,6 Mb
Release : 2018
Category : Law
ISBN : UCBK:C118781254

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Digital Labour Platforms and the Future of Work by Janine Berg Pdf

The emergence of online digital labour platforms has been one of the major transformations in the world of work over the past decade. This report provides one of the first comparative studies of working conditions on five major micro-task platforms that operate globally. It is based on an ILO survey covering 3,500 workers in 75 countries around the world and other qualitative surveys. The report analyses the working conditions on these micro-task platforms, including pay rates, work availability and intensity, social protection coverage and work-life balance. The report recommends 18 principles for ensuring decent work on digital labour platforms.

Author : Ilda Durri
Publisher : Kluwer Law International B.V.
Page : 376 pages
File Size : 44,6 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403531175

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Casual Work Arrangements and Platform-Based Work by Ilda Durri Pdf

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.

Author : Drahokoupil, Jan,Vandaele, Kurt
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 44,6 Mb
Release : 2021-10-12
Category : Political Science
ISBN : 9781788975100

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A Modern Guide To Labour and the Platform Economy by Drahokoupil, Jan,Vandaele, Kurt Pdf

Providing an insightful analysis of the key issues and significant trends relating to labour within the platform economy, this Modern Guide considers the existing comparative evidence covering all world regions. It also provides an in-depth look at digital labour platforms in their historical, economic and geographical contexts.

Author : Lourdes Mella Méndez
Publisher : Routledge
Page : 216 pages
File Size : 53,8 Mb
Release : 2020-03-09
Category : Law
ISBN : 9781000055283

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Regulating the Platform Economy by Lourdes Mella Méndez Pdf

This book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work. The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising from constantly developing technology, this book makes important and informed suggestions on how to solve the numerous problems which have arisen. The collection of chapters in this volume are varied and are dealt with from different disciplinary angles, and from a diverse range of countries and legal systems to create an interesting and unique global picture on the topics studied therein. With an international perspective, the book will be of interest to students and scholars of economy and technology law.

Author : Edoardo Ales,Ylenia Curzi,Tommaso Fabbri,Olga Rymkevich,Iacopo Senatori,Giovanni Solinas
Publisher : Springer
Page : 297 pages
File Size : 50,6 Mb
Release : 2018-05-28
Category : Business & Economics
ISBN : 9783319773292

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Working in Digital and Smart Organizations by Edoardo Ales,Ylenia Curzi,Tommaso Fabbri,Olga Rymkevich,Iacopo Senatori,Giovanni Solinas Pdf

Contributing to recent debate on the emergence of digital and agile work, this book explores the implications for labour and employment relations within and beyond organizational boundaries. Taking a multidisciplinary approach to the key issues and challenges of digitalization, this collection covers topics such as the gig economy, crowdworking and Industry 4.0. Theory and analysis are combined as the authors examine the impact of digital and smart work on organization, HRM and labour law. With comprehensive empirical evidence for those interested in understanding the more complex trajectories of today’s transforming work relationships, this book will not only appeal to students and academics but also to policy-makers, trade unionists and employers’ organizations.

Author : Miriam A. Cherry
Publisher : Aspen Publishing
Page : 710 pages
File Size : 44,5 Mb
Release : 2021-01-31
Category : Law
ISBN : 9781543823288

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Work in the Digital Age by Miriam A. Cherry Pdf

The first of its kind, this coursebook examines the work of the future. Work in the Digital Age: A Coursebook on Labor, Technology, and Regulation focuses on certain technologies: the platform economy and gig work, big data and people analytics, gamification, artificial intelligence and algorithmic management, blockchain technology, drones, and 3D printing. The book provides perspectives on these new and emerging technologies from employers, unions, individual workers, national courts and governments, and international organizations. Altogether, the book questions whether current systems of labor and employment regulation are adequate and appropriate to respond to these new technologies. Finally, the book examines potential policy solutions to technological unemployment including universal basic income, shorter hours, and job guarantees. The best way to shape the future of work is to create the policy changes that we wish to see now, and this book provides a blueprint for thinking about a future of work that is productive, efficient, equitable, and sustainable. Professors and student will benefit from: A focus on certain technologies: The platform economy and gig work Big data and people analytics Gamification Artificial intelligence and algorithmic management Blockchain technology Drones 3D printing Global perspectives on these new and emerging technologies from employers, unions, individual workers, national courts and governments, and international organizations Exploration of whether new systems of labor and employment regulation are necessary to better respond to these new technologies Discussion of potential policy solutions to technological unemployment including universal basic income, shorter hours, and job guarantees Notes and Questions, Problems, Exercises, and Examples, to help reinforce concepts and issues

Author : Haidar, Julieta,Keune, Maarten
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 51,5 Mb
Release : 2021-11-19
Category : Political Science
ISBN : 9781802205138

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Work and Labour Relations in Global Platform Capitalism by Haidar, Julieta,Keune, Maarten Pdf

This engaging and timely book provides an in-depth analysis of work and labour relations within global platform capitalism with a specific focus on digital platforms that organise labour processes, known as labour platforms. Well-respected contributors thoroughly examine both online and offline platforms, their distinct differences and the important roles they play for both large transnational companies and those with a smaller global reach.

Author : Joellen Riley Munton,Michael Rawling
Publisher : Taylor & Francis
Page : 83 pages
File Size : 47,7 Mb
Release : 2023-12-12
Category : Business & Economics
ISBN : 9781003827801

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Regulating Gig Work by Joellen Riley Munton,Michael Rawling Pdf

Digital revolution demands new approaches to regulating work. The ‘Uberisation’ of work is not, in reality, a new phenomenon. It reintroduces the practices of ‘on-demand’ engagement of labour, common prior to the development of continuing employment. What is new, however, is the capacity of digital technology to engage labour in ways that avoid characterisation as employment according to the legal tests developed in the 20th century. This book tackles the challenge of ensuring that the emerging tribes of ‘gig’ workers in labour markets across the globe are afforded decent standards of work. This book discusses how to provide decent conditions and safe working standards for on-demand workers engaged through digital platforms. It interrogates the rise of gig work, and the legal strategies that might be engaged to deal with the risk that on-demand work will fall and remain outside of employment protections. It draws on observations of practices across the globe but focusses particularly on regulatory solutions developed in Australia. The book will be a useful reference to policy making and legal reforms to address vulnerabilities of gig workers.

Author : Janine Berg,Marianne Furrer,Ellie Harmon,Uma Rani,M Six Silberman
Publisher : Unknown
Page : 128 pages
File Size : 43,7 Mb
Release : 2018
Category : Electronic
ISBN : 9220310252

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Digital Labour Platforms and the Future of Work by Janine Berg,Marianne Furrer,Ellie Harmon,Uma Rani,M Six Silberman Pdf

Author : Jan Pichrt,Kristina Koldinská
Publisher : Kluwer Law International B.V.
Page : 368 pages
File Size : 53,9 Mb
Release : 2018-09-07
Category : Law
ISBN : 9789403500942

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Labour Law and Social Protection in a Globalized World by Jan Pichrt,Kristina Koldinská Pdf

The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The focused perspectives evident in this original collection of essays go a long way toward clearly de? ning where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work. Distinguished researchers study the changing realities confronting the labour market, in public policy as well as in industrial relations. Issues and topics include the following: – integration of immigrants into industrial relations; – the social situation of migrant workers; – new phenomena brought by the digital age; – temporary agency work; – harmonizing family and working lives; – sport and labour law; – the role of European Works Councils; and – social and labour reforms. Throughout this book, the contributors emphasize the changing role of the state and reform agendas. Although the central focus is on Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book will be warmly welcomed by practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2022
Category : Electronic
ISBN : 1509958266

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Decent Work in the Digital Age by Anonim Pdf

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.