Status Issues of Platform Work

The subject of the author’s analysis is the performance of work for digital platforms, which is currently developing very dynamically and is significantly ahead of legal regulation. The first legal regulation of work performed for digital platforms at the level of the European Union will be the upco...

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Main Author: Helena Barancová
Format: Article
Language:ces
Published: Trnava University, Faculty of Law 2023-09-01
Series:Societas et Iurisprudentia
Subjects:
Online Access:http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Barancova-Helena.pdf
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author Helena Barancová
author_facet Helena Barancová
author_sort Helena Barancová
collection DOAJ
description The subject of the author’s analysis is the performance of work for digital platforms, which is currently developing very dynamically and is significantly ahead of legal regulation. The first legal regulation of work performed for digital platforms at the level of the European Union will be the upcoming directive on improving the working conditions of persons working through digital platforms. The author examines the draft of the aforementioned directive, especially its legal consequences for the legislation of the Slovak Republic. Since the work for digital platforms with algorithmic management often does not meet either the legal characteristics of “dependent work” or the legal characteristics of “independent work”, the author de lege ferenda proposes a legislative solution to the status issues of persons working for digital platforms also by means of a reassessment of the current normative definition of the term “dependent work” as well as the term “employee” which, according to the legal status de lege lata, is defined significantly narrower compared to the personal scope of the proposed directive. In this way, it would be realistically possible to ensure the social protection of natural persons working for digital platforms in the near future.
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spelling doaj.art-f78d5671ba5b4b0dbfd6d316f23e77812023-10-30T13:31:22ZcesTrnava University, Faculty of LawSocietas et Iurisprudentia1339-54672023-09-01113345510.31262/1339-5467/2023/11/3/34-55Status Issues of Platform WorkHelena Barancová0https://orcid.org/0009-0002-0613-7254Trnava University in Trnava, Trnava, Slovak RepublicThe subject of the author’s analysis is the performance of work for digital platforms, which is currently developing very dynamically and is significantly ahead of legal regulation. The first legal regulation of work performed for digital platforms at the level of the European Union will be the upcoming directive on improving the working conditions of persons working through digital platforms. The author examines the draft of the aforementioned directive, especially its legal consequences for the legislation of the Slovak Republic. Since the work for digital platforms with algorithmic management often does not meet either the legal characteristics of “dependent work” or the legal characteristics of “independent work”, the author de lege ferenda proposes a legislative solution to the status issues of persons working for digital platforms also by means of a reassessment of the current normative definition of the term “dependent work” as well as the term “employee” which, according to the legal status de lege lata, is defined significantly narrower compared to the personal scope of the proposed directive. In this way, it would be realistically possible to ensure the social protection of natural persons working for digital platforms in the near future.http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Barancova-Helena.pdflabour lawdigital labour platformsemployeeemployeremployment relationshipemployment statusself-employed statussubordinationlegal presumption of employment relationshipcontrol of work for platformsthe slovak republic
spellingShingle Helena Barancová
Status Issues of Platform Work
Societas et Iurisprudentia
labour law
digital labour platforms
employee
employer
employment relationship
employment status
self-employed status
subordination
legal presumption of employment relationship
control of work for platforms
the slovak republic
title Status Issues of Platform Work
title_full Status Issues of Platform Work
title_fullStr Status Issues of Platform Work
title_full_unstemmed Status Issues of Platform Work
title_short Status Issues of Platform Work
title_sort status issues of platform work
topic labour law
digital labour platforms
employee
employer
employment relationship
employment status
self-employed status
subordination
legal presumption of employment relationship
control of work for platforms
the slovak republic
url http://sei.iuridica.truni.sk/archive/2023/03/SEI-2023-03-Studies-Barancova-Helena.pdf
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