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Labour Law and the Gig Economy

Author: Jo Carby-Hall

Publisher: Routledge

Published: 2020-03-24

Total Pages: 225

ISBN-13: 1000053490

This international book analyses the impact of digitisation in labour markets, on labour relationships and also on labour processes. The rapid progress of modern disruptive technologies and AIs and their multiple applications to each phase of the labour production system, are changing the production rules on a global scale with significant impacts in every aspect of work. As new technologies transform work patterns and change the type of jobs available - destroying some while creating others - and even the nature of the tasks performed, numerous legal problems arise which are challenging to legislators and legal scholars who need to find appropriate solutions to them. Considering the labour law issues which have been created by technological developments and currently affect the work of millions worldwide, this book highlights the full scope of these issues, suggesting solutions to emerging problems and ways to mitigate the risks brought about through technological advancement. Approaching the present debate with perspectives on legal problems with expertise from a wide range of different countries, this book presents informed and scholarly studies which answer the challenges that new technologies present in labour markets, private lives and labour processes.

Humans as a Service

Author: Jeremias Prassl

Publisher: Oxford University Press

Published: 2018-04-05

Total Pages: 216

ISBN-13: 0192517384

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The crowdsourcing of work - the 'gig economy' - has been hailed as a 'sharing' revolution, enabling 'micro-entrepreneurs' to enjoy greater autonomy and flexibility in taking on 'gigs', 'rides', or 'tasks', while customers benefit from the ease, convenience, and affordability of 'work on demand'. Is this the future of work? What are the benefits and challenges of crowdsourced work? Is the gig economy fundamentally different to existing models of work and should it be kept outside the scope of employment law, as many platforms claim? Humans as a Service offers an engaging and critical account of the gig economy. It charts the industry's dramatic growth, explores the diverse platforms that comprise it, and describes how they operate. In scrutinising the competing narratives about 'gig' work, the book demonstrates the importance of language: how claims of 'disruptive innovation' and 'micro-entrepreneurship' often obscure the realities of highly precarious work and the strict algorithmic surveillance and control to which workers are subject. And yet, far from being radically new, the book shows that the gig economy is but the latest (and perhaps most extreme) example of labour market practices that have existed for centuries. Turning to how the law should respond to the on-demand economy, it argues that regulators can and must bring this work within the scope of employment law, adapting existing norms where necessary, in order to protect both customers and workers. Finally, it explores the wider implications of the gig economy for markets and consumers, assessing oppprtunities and challenges - if this is the future of work, how can it be made sustainable?

Regulating Gig Work

Author: Joellen Riley Munton

Publisher: Taylor & Francis

Published: 2023-12-12

Total Pages: 83

ISBN-13: 1003827802

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Digital revolution demands new approaches to regulating work. The ‘Uberisation’ of work is not, in reality, a new phenomenon. It reintroduces the practices of ‘on-demand’ engagement of labour, common prior to the development of continuing employment. What is new, however, is the capacity of digital technology to engage labour in ways that avoid characterisation as employment according to the legal tests developed in the 20th century. This book tackles the challenge of ensuring that the emerging tribes of ‘gig’ workers in labour markets across the globe are afforded decent standards of work. This book discusses how to provide decent conditions and safe working standards for on-demand workers engaged through digital platforms. It interrogates the rise of gig work, and the legal strategies that might be engaged to deal with the risk that on-demand work will fall and remain outside of employment protections. It draws on observations of practices across the globe but focusses particularly on regulatory solutions developed in Australia. The book will be a useful reference to policy making and legal reforms to address vulnerabilities of gig workers.

The Future of Work

Author: Adalberto Perulli

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 500

ISBN-13: 9403528613

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Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Employment Law and the Gig Economy

Author: Nigel MacKay

Publisher:

Published: 2018-11-27

Total Pages: 144

ISBN-13: 9781911035879

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This book, authored by the practitioners acting on the leading cases in this area, including claims against Uber and Deliveroo, considers the particular legal issues affecting employment status claims in general and gig economy work in particular.

Precarious Work

Author: Jeff Kenner

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 272

ISBN-13: 1788973267

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This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.

The Gig Economy & The Future of Employment and Labor Law

Author: Orly Lobel

Publisher:

Published: 2016

Total Pages: 16

ISBN-13:

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In April 2016, Professor Orly Lobel delivered the 12th Annual Pemberton Lecture at the 9th Circuit Court of Appeals. Lobel asks, what is the future of employment and labor law protections when reality is rapidly transforming the ways we work? What is the status of gig work and what are the rights as well as duties of gig workers? She proposes four paths for systematic reform, where each path is complementary rather than mutually exclusive to the others. The first path is to clarify and simplify the notoriously malleable classification doctrine; the second is to expand certain employment protections to all workers, regardless of classification, or in other words to altogether reject classification; the third is to create special rules for intermediate categories; and the fourth is to disassociate certain social protections from the work.

Working in Digital and Smart Organizations

Author: Edoardo Ales

Publisher: Springer

Published: 2018-05-28

Total Pages: 297

ISBN-13: 3319773291

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Contributing to recent debate on the emergence of digital and agile work, this book explores the implications for labour and employment relations within and beyond organizational boundaries. Taking a multidisciplinary approach to the key issues and challenges of digitalization, this collection covers topics such as the gig economy, crowdworking and Industry 4.0. Theory and analysis are combined as the authors examine the impact of digital and smart work on organization, HRM and labour law. With comprehensive empirical evidence for those interested in understanding the more complex trajectories of today’s transforming work relationships, this book will not only appeal to students and academics but also to policy-makers, trade unionists and employers’ organizations.

A Research Agenda for the Gig Economy and Society

Author: Valerio De Stefano

Publisher: Edward Elgar Publishing

Published: 2022-11-18

Total Pages: 261

ISBN-13: 180088351X

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Providing a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective, this Research Agenda goes beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms’ business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises.

Work in the Gig Economy

Author: James Duggan

Publisher: Routledge

Published: 2021-07-01

Total Pages: 77

ISBN-13: 1000440206

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Throughout the last decade, the ‘gig economy’ has emerged as one of the most significant developments in the world of work. As a novel, hyper-flexible form of labour, gig work features a uniquely fragmented working arrangement wherein independent workers partner with digital platform organisations to provide a range of on-demand services to customers. Work in the Gig Economy: A Research Overview provides a concise overview to the key themes and debate that encompass the gig economy literature. It covers five core themes: an introduction to gig work; classification issues; the role of technology; the experiences of gig workers; and the future of gig work. As an emerging and diverse research field, contributions stem from an array of perspectives including psychology, sociology, human resource management, legal studies, and technology management. The chapters synthesise the most prominent insights into this emerging field, key thinking on the complex relationships and conditions found in gig work, and the most significant issues to be addressed as the gig economy continues to develop. A critical introduction for students, scholars and reflective professionals and policymakers, this book provides much needed direction through the rapidly growing and expansive body of research on work in the gig economy.