A1 Refereed original research article in a scientific journal

Applying the Temporary Agency Work Directive to Platform Workers: Mission Impossible?




AuthorsRosin Annika

PublisherKluwer Law International

Publication year2020

JournalInternational journal of comparative labour law and industrial relations

Volume36

Issue2

First page 141

Last page168

eISSN1875-838X

DOIhttps://doi.org/10.54648/ijcl2020009

Web address https://kluwerlawonline.com/journalarticle/International+Journal+of+Comparative+Labour+Law+and+Industrial+Relations/36.2/IJCL2020009

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/47924084


Abstract

In recent years most of the discussion among labour law scholars about platform workers has concentrated on their employment status. However, it is unclear which norms regulate platform work in cases in which the worker is classified as an ‘employee’. Platform work resembles temporary agency work (TAW) due to its fixed-term and triangular nature, giving rise to the question of whether provisions regulating TAW should be applied to platform work. The aim of this article is to analyse whether it is possible to apply the Temporary Agency Work Directive (TAWD) to platform workers and whether it would improve their employment conditions. It is argued that the automatic application of the TAWD to platform workers would be complicated and would not improve their employment rights. The main obstacles include the problems arising from the assignment of supervision and direction to the user; issues relating to the determination of working time; the identification of a comparator for the purposes of equal treatment, and the derogation from the principle of equal treatment based on qualifying periods. Other possibilities for the regulation of platform work need to be identified.


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Last updated on 2024-28-11 at 15:07