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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. (