Solving the ‘Gig-saw’? Collective Rights and Platform Work

Abstract

There are few topics in contemporary labour law scholarship that have generated more literature than work in the so-called ‘platform economy’. To date, much work has focussed on the question of defining the personal scope of the employment relationship and on the problems of using existing classifications of employment status in the context of work organised via platforms. This article seeks to address the much less-discussed issue of how collective bargaining may function in the ‘platform economy’, and the role of collective labour law actors, most notably the social partners. The article argues that, rather than focussing on individual employment status and litigation, it is by developing a regulatory framework supportive of, and that involves key stakeholders in, strong sectoral collective bargaining that work in the ‘platform economy’ can be adequately regulated to the benefit of workers, business and the State.

Collective Action in the Digital Reality: the Case of Platform‐Based Workers

“…144 Thus, even though the TULRCA contains many requirements for union recognition, 145 it is necessary for unions to have TULRCA protection; otherwise, Deliveroo's riders are 'legally unprotected from discrimination because of their trade union membership and activities; any collective agreements may be exposed to liability under competition law; and trade unions organising strike action of self-employed riders cannot benefit from the trade dispute immunity'. 146 Thus, the right to unionise in accordance with legal criteria is indeed critical, 147 not only for 'traditional' employees but also for non-standard workers, 148 particularly against the background of the digital age. 149 Following this, the next section proposes a possible solution to these difficulties in the UK context.…”

Measures for the betterment of the labor market position of non-standard working regimes in the cultural and creative sector in the Netherlands

“…2 Until recently the common interpretation of Dutch law entailed that self-employed individuals are entrepreneurs, and as such are subject to competition law which excludes the possibility of setting minimum tariffs (Lianos, Countouris, and De Stefano 2019). It was therefore legally prohibited to establish minimum standard tariffs as this would resemble the forming of a cartel to reduce competition and thus in effect would hamper a free market (Doherty and Franca 2020).…”

“…A concurring development, however, proved more promising. In July of 2019, the Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt), has developed a recommendation on tariff agreements for self-employed, in which it is stated that self-employed individuals under certain conditions are allowed to collectively agree on minimum tariffs in order to obtain a reasonable income and therefore improve the position of selfemployed at the bottom of the labor market while preventing them becoming subject to 'social dumping' practices (Doherty and Franca 2020). This alternative interpretation of among others competition law makes it possible to make collective agreements on wages in cases that selfemployed workers operate 'side-by-side' with employees.…”

Collective rights of platform workers: The role of EU law

“…Germany), trade unions have relatively recently opened up their membership to the self-employed, making them accessible to platform workers. 19 Trade union activities in the platform economy focus mainly on litigating employee status, providing union services and elaborating reform proposals. 20 However, some other good practices must be mentioned, such as the development of a code of conduct, 21 the establishment of an Ombuds Office (IG METALL in Germany) 22 and launching campaigns.…”