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Overview of a selection of concrete realities of the relationship 224

Overview of a selection of concrete realities of the relationship 224

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This report maps a kaleidoscopic array of platform-mediated working arrangements, by clustering the findings into three main subsets (passenger transport services, professional crowdsourcing, on-demand work at the client’s premises). Many initiatives taken by the European institutions and aimed at promoting decent work in the collaborative economy...

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Citations

... Regarding jurisprudence, it is worth noting that the first cases related to platforms in Italy concerned competition law. 20 The first case involving platform workers was decided by the Tribunal of Turin on 11 th April 2018 in case of Foodora. 21 The case concerned six Foodora workers fired after a strike organized in Turin in 2016. ...
... Both decisions have been criticized by labor scholars. 22 Namely, the facts that the riders, after having declared their 20 Trib availability for a certain shift, had to show up at a defined hotspot where they could log onto the app and receive their delivery orders, and that the delivery order had to be executed within a certain time (calculated on the basis of the suggested route), that the platforms could always monitor the riders' location and their speed in performing a task, that the prices were fixed by platforms, that a rating system was used to allocate shifts and delivery orders and that riders' delivery orders depended on their availability and their performance, were deemed insufficient to prove the subordinate nature of the relationship. Just a few months following, the Turin Court of Appeal, with ruling no. ...
... Analyses of the platform economy's regulatory environment is characterized by detailed attention to the contours of platform capitalism's engagement with divergent national legal systems (e.g., Lobel, 2017, Prassl, 2018, De Stefano and Aloisi, 2019, De Stefano and Aloisi, 2018, Donovan et al., 2016. Sustained scholarly attention has rested upon untangling the specific means and devices by which platforms bypass employment laws and regulations in their engagement of independent contractors. ...
... Unions and individuals have pursued a range of legal claims regarding platform workers' status under these tests (see Deakin et al., 2015 for an earlier example of a litigation strategy). Below, we highlight seven significant pieces of UK case law relating to the independent contractor status of the 'new self-employed' since June of 2018 in the UK (Table 1), bringing up to date prior research along these lines (De Stefano and Aloisi, 2018). 5 This summary of recent legal developments presents a highly contradictory picture. ...
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... The platform's Terms of Use (ToU) exemplify the power to set the agenda. Existing as a take-it-or-leave-it condition, users must accept the ToU to access the app and find work [63]. These unilateral conditions coerce workers into an independent contractor status [64] or impose the risk of client payment rejections and other liabilities that render workers powerless against platform companies [41,65]. ...
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... high value/low uniqueness), this prediction does not hold. On the contrary, OLPs source their human capital using an external employment mode (Vallas & Schor, 2020;Schor & Vallas, 2021;De Stefano & Aloisi, 2018;Kuhn & Maleki, 2017) which minimizes labour costs and increases the value of human capital to the platform firm. By deploying algorithmic management, OLPs can efficiently monitor and control gig workers who are externalized through contracting. ...
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... On the one hand, the intermediate category can be a 'secondary entrance', which can ensure the recognition of selected labour rights, compared to the 'gateway' of the employment contract (De Stefano and Aloisi, 2018). However, on the other hand, the concept of 'economically dependent work' could also have negative effects, attracting all the new forms of employment under its umbrellanew forms of employment which are characterized by poor working conditions, uncertain career prospects and noncontinuity of employment (Sciarra, 2005) which could create a risk of stratification in regulation. ...
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... Beyond the effects on labor markets, working on digital platforms also directly impacts labor relations, pensions, social security, and welfare. In particular, the literature has pointed out the growing need to build a new and international social contract and legal framework between workers, employers, and the public administration that contemplates the construction of new alternative forms of employment (Harris & Krueger, 2015;De Stefano & Aloisi, 2018). ...
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Research on the gig economy has rarely addressed the study on the motivations for the provision of labour services on digital platforms. Through a sample of 3,619 gigers in Europe, obtained from the COLLEM research, results have been obtained for labour providers (only gigers) and for labour and capital use providers (gigers and renters). The valuation of labour, being an internal resource of the gigers, has a great set of economic foundations, working conditions, and labour relations. On the other hand, the valuation of labour and capital uses is more focused on their economic and labour relations fundamentals, notably reducing the role of working conditions. These motivations suggest different platform strategies and public employment policies for both groups. While the promotion of the general job quality would also encourage the gig-job quality, the promotion of the labour and capital uses valuation requires specific actions on the platform operations.
... Third, the juridical vacuum and a disruptive re-organisation of work go hand-in-hand with the rise of specific employment relations connoted by an extremely unbalanced power relation between platforms and platform workers, the former concentrating all the power, the latter only able to accept the conditions imposed or refuse to work through the platform. Relying on a formally self-employed workforce, DLPs deny workers the ability to enjoy freedom of association and collective bargaining rights (De Stefano and Aloisi, 2018). In this way, DLPs prevent the more effective role of trade unions, which are also limited in their actions by the fact that platforms through which work is performed online manage workers spread across different countries, whereas the action of trade unions is primarily conceived within a national horizon. ...
... Terms and conditions of the platform often determine their employment status and -in formal termsthese workers are almost invariably categorised as self-employed or independent contractors (Eurofound, 2019). This categorization has often been criticized with reference to low-skilled jobs (De Stefano and Aloisi, 2018), while it is commonly accepted for high-skilled jobs because being a freelancer is already socially codified and accepted (see the celebrative literature of the creative class: Florida, 2005;Friebe and Lobo, 2006). Moreover, platforms can change their features over time, affecting vulnerability factors with limited possibility for workers to negotiate the changes (Allaire et al., 2019). ...
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... While the number of studies about the platform economy is rapidly increasing, the reported evidence is mostly anecdotal and is based on interviews and personal first-hand experiences (De Stefano and Aloisi, 2018). This is because workers in the gig economy, while constantly growing in numbers, constitute a hard-to-reach and hard-to-identify population (see Bohning et al., 2017, Chapter 1). ...
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