Social rights in Europe and free platform work

• Autores: Andrzej Marian Świątkowsk
• Localización: Current Issues On Human Rights / coord. por Alexander Sungurov, Carlos R. Fernández Liesa, María del Carmen Barranco Avilés, María Cruz Llamazares Calzadilla, Óscar Pérez de la Fuente, 2020, ISBN 978-84-1324-552-2, págs. 119-132
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • Platform work - which emerged recently as a separate employment technology in the post-industrial era brought to the world by the Industry 4.0 - is not regulated by employment and labour law in majority of European countries. Legal status of people performing work at the digital work platforms is uncertain. Contrary to the rules of Revised European Social Charter of the Council of Europe (May 3rd, 1996) the rights of individuals performing jobs in non-standard forms of employment are not being protected in vital areas such as: equal treatment, maternity leave, working time, decent wages, working time, access to social security benefits, vocational training, freedom of association, collective bargaining, collective disputes and legal actions (strikes). In the period of sharing (collaborative) economy it is necessary to focus on the obligation of European Member States on the issue of compliance with international principles - the right to work in safe and healthy working conditions, to receive fair (decent) remuneration, the right of employed women to protection, the right to equal opportunities and equal treatment in matters of employment, the right to protection in cases of termination of employment, the right of workers to the protection of their claims in the event of insolvency of their employer, the right to dignity at work. People employed online via platform are working at their own risk. They are not entitled to the right to protection of health, social security, social and medical assistance and the right to benefits from social welfare services.

    The work is not a commodity, not a human service, neither a technology. Instead of accepting not serious arguments that platform economy complies with all the relevant legal regulations, including lex loci laboris European Member States ought to at least: clarify current employment status of “independent contractors”, guarantee them the right to organize and negotiate collective agreements, payment base either on the of piece- or project principle, social protection, transparent system of dispute resolution between clients and workers, improve their access to information related to their clients in spe as to develop co-operative labour management relations between representatives of workers and platform organizers.