Fundamental Labour Rights, Platform Work and Human-Rights Protection of Non-Standard Workers

De Stefano, Valerio; Aloisi, Antonio

Publication:
Fundamental Labour Rights, Platform Work and Human-Rights Protection of Non-Standard Workers

dc.contributor.author	De Stefano, Valerio
dc.contributor.author	Aloisi, Antonio
dc.contributor.editor	Bellace, Janice R.
dc.contributor.editor	ter Haar, Beryl
dc.contributor.ror	https://ror.org/02jjdwm75
dc.date.accessioned	2024-11-08T12:13:40Z
dc.date.available	2024-11-08T12:13:40Z
dc.date.issued	2018-02-28
dc.description.abstract	The spread of non-standard forms of employment in industrialised and developing countries over the last decades has prompted an extensive debate on how to reshape labour regulation to accommodate these new formats. However, limited attention has been devoted to the access of non-standard workers to fundamental labour rights. This chapter aims at reorienting the debate towards these neglected dimensions of labour regulation. In particular, it focuses on the risks affecting work in the so-called ‘gig’ or ‘platform’ economy, since the relative novelty of these forms of work may obscure the difficulties these workers face in enjoying fundamental labour rights. Platform workers, together with casual workers and some self-employed workers not only are more exposed to violations of fundamental rights but are also often excluded from the legal scope of application of these rights, which are sometimes reserved to workers in an employment relationship. This is particularly true for collective labour rights, as self-employed workers, including sham self-employed persons and platform workers, who are often deprived of full access to the rights of freedom of association and collective bargaining. This happens, for instance, when their collective activities are found to be in breach of antitrust regulation. This chapter maintains that preventing self-employed workers who do not own a genuine and significant business organisation from bargaining collectively is at odds with the recognition of the right to collective bargaining as a human and a fundamental right. Consequently, it argues that only self-employed individuals who do not provide ‘labour’ but instead provide services using an independent, genuine and significant business organisation that they own and manage can have their right to bargain collectively restricted.
dc.description.peerreviewed	yes
dc.description.status	Published
dc.format	application/pdf
dc.identifier.citation	De Stefano, Valerio and Aloisi, Antonio, Fundamental Labour Rights, Platform Work and Human-Rights Protection of Non-Standard Workers (February 18, 2018). Forthcoming, Labour, Business and Human Rights Law, Edited by Janice R. Bellace and Beryl ter Haar, Edward Elgar Publishing Ltd., Bocconi Legal Studies Research Paper No. 3125866, http://dx.doi.org/10.2139/ssrn.3125866
dc.identifier.doi	http://dx.doi.org/10.2139/ssrn.3125866
dc.identifier.isbn	978 1 78643 310 7
dc.identifier.publicationtitle	Forthcoming, Labour, Business and Human Rights Law
dc.identifier.uri	https://hdl.handle.net/20.500.14417/3317
dc.language.iso	en
dc.publisher	Edward Elgar Publishing Ltd
dc.relation.department	Digital & Tech Law
dc.relation.entity	IE University
dc.relation.school	IE Law School
dc.rights	Attribution-NoDerivatives 4.0 International
dc.rights.accessRights	info:eu-repo/semantics/openAccess
dc.rights.uri	https://creativecommons.org/licenses/by-nd/4.0/deed.en
dc.subject.keyword	Gig-Economy
dc.subject.keyword	Platform Economy
dc.subject.keyword	On-Demand Economy
dc.subject.keyword	Casual Work
dc.subject.keyword	Uber
dc.subject.keyword	Uberisation
dc.subject.keyword	Non-Standard Employment
dc.subject.keyword	Fundamental Labour Rights
dc.subject.keyword	Fundamental Principles and Rights at Work
dc.title	Fundamental Labour Rights, Platform Work and Human-Rights Protection of Non-Standard Workers
dc.type	info:eu-repo/semantics/bookPart
dc.version.type	info:eu-repo/semantics/publishedVersion
dspace.entity.type	Publication
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