Regulating Gig Work

ISBN-13: 9781032251448 / Twarda / 2023 / 128 str.

The University of Technology Sydney) R Michael (Law Faculty

Opis

Digital revolution demands new approaches to regulating work. The “Uberisation of work” is not in reality a new phenomenon. It reintroduces the practices of ‘on demand’ engagement of labour common prior to the development of continuing employment.

Spis treści

Preface 1. Chapter 1 Context and History 1.1 Introduction 1.2 Common features of platform-mediated work 1.3 Labour Law avoidance 1.4 ‘employment’ 1.5 ‘algorithmic control’ 1.6 ‘multi-apping’ 1.7 Regulating safe, fair and dignified work 2. Chapter 2 A Global Perspective 2.1 Introduction 2.2 Could development of further ILO standards promote gig worker rights? 2.3 OECD 2.4 The centrality of domestic legislation 2.5 Europe 2.6 The European Union 2.7 Employment status under the proposed EU Directive 2.8 Regulation of algorithmic management 2.9 Dispute resolution and enforcement 2.9 Individual European countries 2.10 United Kingdom 2.11 United States 2.12 New Zealand 2.13 Conclusion 3. Chapter 3 Overview of workers’ essential need and forms of legal protection 3.1 Introduction 3.2 ‘Deeming’ provisions 3.3 ‘Third way’ statutory definitions 3.4  Special regulatory schemes for contractor 3.5 New South Wales Industrial laws 3.6 Operation of the Chapter 6 regime 3.7 Victorian Owner-driver Scheme 3.8 Western Australian Owner-driver Scheme 3.9 Queensland 3.10 Road Safety Remuneration Tribunal 3.11 Franchising Code of Conduct 3.12 Unfair Contracts Review 3.13 Conclusion 4. Chapter 4 Substantive rights to minimum pay and safety standards 4.1 Introduction 4.2 Why substantive labour standards should apply to gig workers 4.3 Gig workers’ experience of low pay and poor safety 4.4 Pay and safety link evident in gig work 4.5 The current regulation and its shortcomings 4.6 WHS laws 4.7 Workers’ compensation 4.8 The appropriate methods of producing a socially beneficial remuneration standard 4.9 Proposed reforms 4.10 Conclusion 5. Chapter 5 Procedural rights: Freedom of Association and job security standards 5.1 Introduction 5.2 The function and benefits of collective bargaining 5.3 Why gig workers deserve collective bargaining rights 5.4 Establishing collective bargaining for gig workers – possibilities and obstacles 5.5 Realising substantive collective bargaining rights for gig workers 5.6 Protection of job security 5.7 Dispute resolution 5.8 Conclusion 6. Chapter 6 Exclusion from jurisdiction as a regulatory strategy 6.1 Introduction 6.2 Rideshare as a ‘disruptor’ 6.3 Bans across the globe 6.4 United States of America 6.4 Europe 6.5 United Kingdom 6.6 Scandinavia 6.7 India 6.8 Other countries 6.9 Bans in historical context: previous retrictions on the free flow of capital 6.10 Digital labour platforms responses to bans 6.11 The cloud of words 6.12 Enter markets and keep operating: business as usual despite bans 6.13 Using violence against rideshare drivers to gain support 6.14 The emergency kill switch 6.15 Overall effectiveness of bans 6.16 ‘Regulatory entrepreneurship’ business models and bans 6.17 Beyond law – compliance measures to combat disruption and improve bans policy 6.18 Conclusion 7. Chapter 7 Organisational form to enhance worker control and ownership 7.1 Democracy at work for platform workers? 7.2 Worker participation in corporations 7.3 Cooperative enterprises 7.4 RideAustin – the not-for-profit 7.5  ATX – Taxi-driver Cooperative 7.6 Governance of cooperatives 7.7 Worker Ownership Trusts 7.8 Conclusions 8. Chapter 8 Concluding thoughts 8.1 Regulating on-demand work, everywhere 8.2 Beyond ‘employment’ 8.3 Future proofing labor regulation 8.4 Supervision

O autorze

Dr Michael Rawling, University of Technology Sydney, Faculty of Law

Professor Joellen Riley Munton, University of Technology Sydney, Faculty of Law, and Professor Emerita, The University of Sydney.