Person: Aloisi, Antonio
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Antonio
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Aloisi
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IE University
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IE Law School
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Digital & Tech Law
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Publication Time to Deliver? Assessing the Action Plan on the European Pillar of Social Rights(IE University, 2021-06-25) Rainone, Silvia; Aloisi, Antonio; European Commission; https://ror.org/02jjdwm75The Action Plan on the European Pillar of Social Rights (EPSR) and the Porto Social Summit have created a momentum for the enhancement of the social dimension of the European Union (EU), but, so far, without much to show by way of innovation. The EU should further expand the legislative agenda in the social and labour fields in order to address the risks of precariousness and degradation of working conditions faced by numerous workers in several sectors. The role of the EPSR and of the Social Scoreboard within the European Semester should also be significantly reinforced, so as to establish binding social safeguards supporting the betterment of working and living conditions. A highly crucial challenge for EU policymakers is to ensure that the recovery strategy and the digital and green transitions, beside contributing to job creation, also result in better social standards and good-quality professional opportunities.Publication An unfinished task? Matching the Platform Work Directive with the EU and international "social acquis"(2023) Aloisi, Antonio; Rainone, Silvia; Countouris, Nicola; European Union’s Erasmus+; https://ror.org/02jjdwm75Besides straining international, regional and national employment status classification models, digital labour platforms are pioneering new strategies and approaches in terms of algorithmic management, digital surveillance, remote work and cross-border outsourcing, which are increasingly being adopted in more conventional sectors of the economy. Developments in the platform economy are thus crucial in providing a stress test for the resilience of existing labour standards, as well as providing useful input in terms of the reforms needed to ensure their suitability, the collective interest representation and mobilization aspects comprehended by rapidly changing labour markets. This paper seeks to explore the key emerging regulatory dimensions of platform work. It contextualizes the challenges associated with platform work as an expression of the consolidated features that, in the past decades, have been transforming the labour market: non-standardization and the deregulation of employment relationships. Following that, it considers the definition of the personal scope of application as a key challenge faced by essentially all attempts to regulate platform work. It does so primarily by exploring the functions and operations of a legal device known as “presumption of employment”, currently being considered by the proposed EU directive on platform work as a key tool to address the complex employment status classification questions that have surrounded the “gig economy” since its emergence. The paper then provides a conceptual cartography of the various EU regulatory instruments (both existing ones and those currently in the legislative pipeline) that will, jointly, define the legal mosaic of labour rights applicable to the heterogeneous phenomenon of platform work in the years to come.Publication The EU Platform Work Directive. What’s new, what’s missing, what’s next?(European Trade Union Institute, 2024) Aloisi, Antonio; Rainone, Silvia; Vandaele, Kurt; European Union’s Erasmus+; https://ror.org/02jjdwm75Policy recommendations The adoption of the Platform Work Directive by the European Parliament and the Council of the European Union (EU) enhances the EU and national labour law systems by introducing a number of concrete advancements. They include a presumption of employment for platform workers, clearer rules on algorithmic management and data rights, stronger collective labour rights, and robust enforcement safeguards. By granting algorithmic management and collective rights to genuinely self-employed platform workers, the Directive significantly expands the personal scope of application of labour rights. This initiative should be seen as one of the first steps towards redesigning the normative paradigms that govern labour law. By establishing a comprehensive framework for algorithmic management and data rights at both the individual and collective levels, the Directive highlights the urgent need for a new EU instrument regulating data-driven technology in the workplace, applicable to workers across all conventional sectors. Given the broad discretion left to national legislators, it is crucial that trade unions, employers and labour advocates take advantage of the Directive’s groundwork to prevent the emergence of fragmented, burdensome and ineffective regimes during (and after) the two-year transposition period, which will start from the moment the Directive is published in the Official Journal of the EU and thus is likely to end in autumn 2026.