Solving the Gig-saw? Regulating for Decent Work Prof Michael Doherty - - PowerPoint PPT Presentation

solving the gig saw regulating for decent work
SMART_READER_LITE
LIVE PREVIEW

Solving the Gig-saw? Regulating for Decent Work Prof Michael Doherty - - PowerPoint PPT Presentation

Solving the Gig-saw? Regulating for Decent Work Prof Michael Doherty Dr Valentina Franca Ms Emma Guyatt 8th Annual NERI Labour Market Conference Webinar Thursday 17th & Friday 18th September 2020 Maynooth University Department of


slide-1
SLIDE 1

Solving the ‘Gig-saw’? Regulating for Decent Work

Prof Michael Doherty Dr Valentina Franca Ms Emma Guyatt

8th Annual NERI Labour Market Conference Webinar Thursday 17th & Friday 18th September 2020

Maynooth University Department of Law, New House, South Campus www.maynoothuniversity.ie/law @profmdoherty @maynoothlaw

1

slide-2
SLIDE 2
  • Hugely complex economic, political, social, and

cultural implications of ‘platform work’

  • There are (some) ‘gig workers’, whose working

conditions are precarious

  • How can/should they be protected?

Outline

2

slide-3
SLIDE 3
  • The personal scope of employment law
  • Employment Law vs Competition Law
  • Regulating for decent work

Outline

www.maynoothuniversity.ie/law

3

slide-4
SLIDE 4
  • In most legal systems the employment

relations are distinguished into two categories:

  • Employees (subordinated labour)
  • Self-employed (autonomous work relations)
  • 1. The Binary Divide

www.maynoothuniversity.ie/law

4

slide-5
SLIDE 5
  • There is no unified EU definition of employee:

“The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration.” (C-66/85 Lawrie Blum)

  • 1. Who is an employee? Enter the Eurovision

www.maynoothuniversity.ie/law

5

slide-6
SLIDE 6

maynoothuniversity.ie

2 Third Way? An intermediate category

  • Some labour rights but….
  • Low awareness and low motivation amongst

workers in SI (lower taxes…)

  • ‘Downgrades’ certain classes of worker (Uber

drivers in UK?)

  • More complexity?
slide-7
SLIDE 7
  • EU Court developed an ‘antitrust immunity’- but

confined to employment relationships

  • self – employed workers (undertakings) cannot

conclude collective agreements

  • The “false self-employed”, namely “service

providers [who are] in a situation comparable to that of employees ” can be covered by collective agreements)

  • 3. Employment Law v Competition Law

7

slide-8
SLIDE 8
  • Competition (Amendment) Act 2017- sets out a

formal process to enable trade unions to apply to the Minister to bargain collectively on behalf of groups of – false self-employed – Fully dependent self-employed workers

  • 3. The Self-employed and Collective Bargaining

8

slide-9
SLIDE 9
  • So, vests rights to protect groups of workers in trade

unions (not an individual right)

  • New law, so we await outcomes….
  • BUT principle: collective representation should not be

automatically denied to those who cannot satisfy traditional tests of employee status

  • 3. The Self-employed and Collective Bargaining

9

slide-10
SLIDE 10
  • Individual employment rights difficult for vulnerable/

precarious workers to vindicate

  • Regulatory role for trade unions important
  • 4. Regulating for decent work

10

slide-11
SLIDE 11
  • ‘litigation is time-consuming and expensive, and

individual cases are an imperfect vehicle for addressing broader considerations of distribution and social equality…legislatures should strongly consider socializing employment- related benefits and imposing employment duties on an industry specific basis’ (Rogers)

  • 4. Regulating for decent work

www.maynoothuniversity.ie/law

11

slide-12
SLIDE 12
  • Traditional employers generally silent in the

debate

  • Unfair competition?
  • Platforms do not consider themselves employers
  • 4. Regulating for decent work

12

slide-13
SLIDE 13
  • Broader conception of employment relationship welcome

(NB social security rights)

Conclusions

13

slide-14
SLIDE 14
  • Need for a regulatory collective bargaining model on a

sectoral basis

  • Employers (both ‘traditional’ and ‘disruptive’) should play

a role beyond political lobbying

Conclusions

14

slide-15
SLIDE 15

Thank you for listening

@profmdoherty @MaynoothLaw

15