Labour law & on demand economy

1. 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 Employee Entrepreneur 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