1. Labour law & on demand economy
J.H. (Hanneke) Bennaars
Labour law & on demand economy
This Course is funded by the
Erasmus + Jean Monnet program of the European Commission

2. Program Platform work – terminology / characteristics
Implications for labour law
Current position of EU towards platforms
EU legislative possibilities and the Social Pillar: food for thought
Jean Monnet Seminar June 2018

3. Platform work
Jean Monnet Seminar June 2018

4. Terminology Sharing economy / collaborative economy Gig economy
Crowd work / portfolio work
Work-on-demand via app
Jean Monnet Seminar June 2018

5. Platform work / work-on-demand via app
Part of the ‘collaborative economy’
Profit
Uber
Deliveroo
Helpling …
Non-profit
Goods
Services
Jean Monnet Seminar June 2018

6. Characteristics ‘work-on-demand via app’
Work is performed in person (physically, not online)
At least three parties
Various contractual frameworks
An app is involved
The app adds something (usually an algorithm)
Jean Monnet Seminar June 2018

7. Work-on-demand via app
Roughly three positions for the platform:
Digital bulletin board
Intermediary between worker and consumer
Co-contracting party of the worker (employer or commissioning party)
Jean Monnet Seminar June 2018

8. Implications for Labour Law
Twofold challenge:
How to deal with platform work in the current legal framework?
Does platform work invoke a paradigm shift in labour law?
Jean Monnet Seminar June 2018

9. EU & Platform work: Digital Single Market
The EU in 2015
General Report on the Activities of the European Union, p.22
Jean Monnet Seminar June 2018

10. Public consultation on the Regulatory environment for Platforms, Online Intermediaries and the Collaborative Economy, 25 may 2016
Online platforms “are driving innovation, facilitating social interactions, and are powerful engines of growth” “Uncertainty about the employment status, i.e. whether providers are self- employed or employees, was also mentioned.”
Jean Monnet Seminar June 2018

11. Agenda for collaborative economy, June 2016 (EC)
More employment opportunities
Revenues beyond traditional employment relationships
Enables flexibility for workers
Increasingly blurred boundaries
Reference to Social Pillar
Relevance EU definition of worker
Jean Monnet Seminar June 2018

12. Mid-term review May 2017 DSM
Data economy
Cyber security
Online platforms
Address unfair contractual clauses
Dialogues with platform
Jean Monnet Seminar June 2018

13. Resolution EP on Agenda, June 2017
Collaborative economy offers possibilities for young people, migrants, part-time workers and senior citizens to access the labour market
Collaborative economy models can help to boost the participation of women in the labour market and the economy, by providing opportunities for flexible forms of entrepreneurship and employment
Jean Monnet Seminar June 2018

14. Resolution EP on Agenda, June 2017
General:
Ensuring fully upholding workers’ rights
Calls on the Commission:
Examine applicability EU Law (e.g. TWA)
Publish guidelines
Calls on Member States:
Portability of ratings
Jean Monnet Seminar June 2018

15. Resolution EP on Agenda, June 2017
Calls on Member States, Commission and Social Partners:
Provide adequate information to platform workers + update CLA
Gather more data
Calls on Member States, Commission and collaborative economy businesses:
Make lifelong training and digital skills accessible
Jean Monnet Seminar June 2018

16. Resolution EP on Agenda, June 2017
Calls on Member States & Commission
in their respective areas of competence to
Ensure fair working conditions and adequate legal and social protection for al workers in the collaborative economy, regardless of their status
Jean Monnet Seminar June 2018

17. ECJ: Uber cases
ECJ 20 December 2017 (C-434/15) Asociación Profesional Élite Taxi/Uber Systems Spain SL
ECJ 10 April 2018 (C-320/16) Uber France SAS
In short: Uber (pop) is a transportation service and not a technology service
Jean Monnet Seminar June 2018

18. ECJ: Uber cases
Main element of combining service is transport because:
Not only intermediating, but also rendering the transport accessible
What if Uber expands to other services? (already: food delivery)
What about the Digital Single Market and the stimulation of the platforms as economic drivers?
Jean Monnet Seminar June 2018

19. EU and Platform work Classic… But also... Digital Single Market
Social Policy
Entrepreneur
Employee
Transnational (Global)
Local
Jean Monnet Seminar June 2018

20. EU and possible regulation?
Competence?
On the classification only with respect to the legislation that doesn’t refer to the national notion of employee
If classified as employee: competent on the subjects of 153 TFEU
If not classified as employee: broader social policy / soft law
Jean Monnet Seminar June 2018

21. EU and possible regulation?
Social Pillar ‘ Everyone’ is entitled to
Training
Active support to employment (transfer of rights)
Fair working conditions ‘regardless of the type of employment relation’
Social protection
Pension for self-employed
Jean Monnet Seminar June 2018

22. Food for thought Platform work needs to be classified or regulated (?)
Subsidiarity might be an issue for EU regulations
EU might get stuck between the aims regarding the Digital Single Market and Social Policy
Jean Monnet Seminar June 2018