Recommended
More Related Content
Similar to The platform economy and the employment relationship
Similar to The platform economy and the employment relationship (20)
More from marcdevos
More from marcdevos (6)
Recently uploaded
Recently uploaded (20)
The platform economy and the employment relationship
- 1. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J The platform economy & the employment relationship DEPARTMENT CRIMINOLOGY, CRIMINAL LAW AND SOCIAL LAW RESEARCH GROUP SOCIAL LAW
- 2. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Crowdworking & Crowdfunding
- 3. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Sharing
- 4. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Online Business Tools
- 5. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Coworking
- 6. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Webshopping’s ‘last mile’
- 7. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Crowdsourcing (B2B)
- 9. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Sharing economy in Europe 2015 ▪ 28 billion euro transactions (=0,018%) ▪ Peer2peer transport & accommodation lead ▪ 275 companies ▪ By 2025: x20 9
- 10. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Why? Economic Social Ecological What’s mine is mine Quality Security / Insurance 10
- 11. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Who? ▪ Young (18-24j, 25-34j) ▪ Educated ▪ Urban 11
- 12. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J By whom? ‘On demand workers’ ▪ Survey in 5 European countries: ND, SWE, GER, UK, AT – end of 2016 ▪ 12% respondents has worked on demand ▪ Frequency: 5% weekly/ 6% monthly ▪ For half: <10% of their income ▪ For 2,5%: >50% of their income ▪ Mostly young, relatively educated, gender tilted 12
- 13. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J ‘Uber partners’? (USA) ▪ 50% are college educated ▪ 50% have a full time job besides Uber ▪ Only 30% have no other job ▪ 50% work less than 15hrs/week ▪ Turnover: 2/3 are gone in less than 2 years 13
- 14. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Motivation ▪ 80% value flexibility above all ▪ Independence ▪ Higher income ▪ Work/life balance ▪ In between jobs 14
- 15. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Issues…
- 16. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J What’s at stake? ▪ Working time ▪ Working conditions ▪ Insurances and liability ▪ Wages ▪ Termination and dismissal ▪ Taxes, annuation ▪ …. ▪ Hyper-flexible ▪ On demand ▪ Online ▪ Fee ▪ Partner ▪ Interface ▪ ….
- 17. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J The contractual model (as far as available) ▪ Electronic contractual access to an online platform & app ▪ Standard terms of use, including dispute resolution and (often) choice of law ▪ ‘Partner’, ‘user’, ‘provider’, ‘tasker’, ‘member’, ‘driver’, etc.
- 18. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J The business model = dating service = pooling = PayPal 2.0 ▪ A platform for leads and matching ▪ Voluntary asset sharing ▪ Instant and variable payments + invoices EMPLOYMENT
- 19. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Unpacking Employment v. Platform Employment Platform ▪ Micro assignments ▪ Commitment to facilitate leads ▪ Commitment to perform if accepted ▪ Commitment to channel fee paid by client ▪ Free at work ▪ Contract ▪ Employer commitment to provide work ▪ Employee commitment to perform work ▪ Employer commitment to pay work ▪ Subordination
- 20. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Legally ‘independent’ or ‘subordinate’? Independent Subordinate ▪ Quality guidelines and review ▪ Brand visibility ▪ Skills ▪ Business control reality ▪ Price setting ▪ Personal performance required ▪ …. ▪ Time control ▪ Free (not) to work ▪ Owner/renter of the asset ▪ No cost reimbursement ▪ No exclusivity ▪ Pay for performance ▪ ….
- 21. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J ▪ Are platforms just platforms providing digital services, or instead virtual transport/hotel/media/banking/… businesses? CJEU C-434/15 (2017) Licensing, insurances, liability, VAT, etc. Case-law: the long hard road to clarity - Uber
- 22. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Case-law: the long hard road to clarity - Uber ▪ Are platforms just platforms providing leads, or instead employers of the service providers? Aslam and Farrar v. Uber (London Employment Tribunal 2016 & Employment Appeal Tribunal 2017): ‘workers’ under UK law Uber v NUPSAW and SATAWU obo Morekure and Others (CCMA SA, 2017): employee McGillis v. Uber (Florida Third District Court of Appeal, 2017): no ‘employee’ – control is on the result, and not on the means to be employed Menard v Uber (Conseil de Prud’hommes, Paris, 2018): no ‘employee’
- 23. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J 30.07.2010Footer text - slideshow title Case-law: the long hard road to clarity - Uber
- 24. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J The future
- 25. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Shifting sands ▪ Economic activity, relationships, and responsibilities are being digitized ▪ Fractionalisation of work and working time: multitude of ad hoc contractual arrangements ▪ Triangular relationships: the platform ▪ Distinction economic/non-economic and independent/subordinate is blurred
- 26. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J The tension ahead ▪ Sharing economy = networks & trust ▪ To grow up = brand, uniformity, quality, reliability, control, training, bargaining, … To do = to die?
- 27. Curtin University is a trademark of Curtin University of Technology CRICOS Provider Code 00301J Some food for thought ▪ ‘Uberification’ of work is not around the corner ▪ Technology blurs old distinctions, and is not going away ▪ Participation and polarization at the same time ▪ Networks = price fixing + winner takes all = anti-trust threat ▪ Systemic issues of jurisdiction and access to justice ▪ Time to blend for ‘economic worker’ status? ▪ A updated framework for casual/mini work? ▪ A special group category?
- 29. (