Publication: The “spillover effect” of algorithmic management and how (not) to tame it
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Date
2024-04-22
Authors
Potocka Sionek, Nastazja
Advisor
Court
Journal Title
Journal ISSN
Volume Title
Publisher
Edward Elgar Publishing
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Citation
DOI
Abstract
This chapter delves into the implications of the algorithmic management (AM) “spillover effect”, namely the diffusion of AM systems and practices from the platform economy to conventional work settings and the broader labour market. The AM spillover is tracked across the factual, jurisprudential and legislative dimensions. The crucial questions on which this chapter is targeted are as follows. Are the existing judicial and regulatory responses keeping pace with developments? What are the lessons to be learned from the first wave of litigation concerning AM in the food delivery sector and the first generation of laws targeting AM in the platform economy? Finally, what is the way forward when it comes to addressing the AM spillover most effectively? This chapter begins by dissecting the tools and practices adopted to engage, dispatch, manage, control and assess people who perform platform work. It then examines the case law and regulatory instruments addressing AM in the platform economy and beyond at both EU and national levels. The analysis reveals a significant shift in focus towards data protection, non-discrimination, and working conditions for larger workforce segments. Moreover, a normative critique of the emerging fragmented regulatory approach is presented, contending that a comprehensive solution requires the effective implementation of the existing legal framework and the design of AM specific legislation to close the gaps in the EU and national acquis.
Unesco subjects
License
Attribution-NonCommercial-NoDerivatives 4.0 International
School
IE Law School
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Keywords
Citation
Potocka-Sionek, N., & Aloisi, A. (2025). The spillover effect of algorithmic management and how (not) to tame it. In The Elgar Companion to Regulating Platform Work (pp. 253-271). Edward Elgar Publishing.