Beyond the Algorithm


Book Description

Qualitative empirical research reveals that the narratives and real-life experiences defining gig work have concrete implications for law.




Regulating Gig Work


Book Description

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. What is new, however, is the capacity of digital technology to engage labour in ways that avoid characterisation as employment according to the legal tests developed in the 20th century. This book tackles the challenge of ensuring that the emerging tribes of ‘gig’ workers in labour markets across the globe are afforded decent standards of work. This book discusses how to provide decent conditions and safe working standards for on-demand workers engaged through digital platforms. It interrogates the rise of gig work, and the legal strategies that might be engaged to deal with the risk that on-demand work will fall and remain outside of employment protections. It draws on observations of practices across the globe but focusses particularly on regulatory solutions developed in Australia. The book will be a useful reference to policy making and legal reforms to address vulnerabilities of gig workers.




The Gig Economy


Book Description

The "gig economy" is a relatively recent term coined to describe a range of working arrangements that have previously been denoted as precarious, flexible and contingent. Borrowed from musicians, a "gig" describes a one-night performance, but in the context of general employment, it covers the self-employed who work for hire, those on temporary, short-term contracts and on zero-hours contracts. In this concise overview, Alex de Ruyter and Martyn Brown explain the key facets of the gig economy and explore the dangers and potential it affords. Drawing on recent case-studies from the UK, Europe and the USA, it offers an authoritative guide through the theories and issues that surround the gig economy. --




Regulating Work in the 'Gig Economy'


Book Description

The 'gig economy', comprised of app-enabled enterprises that profit from connecting consumers with service providers through smart communications technology, is growing exponentially. For the workers who provide the services, however, this kind of labour market engagement looks very much like the old 'on demand' engagement of labour, pre-dating the emergence of 'employment' and the legislation of protective labour standards. This paper (presented to a Festschrift for noted labour law scholar, Professor Ann Numhauser-Henning, at Lund University in March 2017) interrogates the potential for the development of appropriate forms of regulation for this kind of labour engagement, that respect the need for these workers to enjoy fair rates of pay, and an appropriate level of job security in their work. Australian 'owner drivers' regulatory schemes are identified as a potential model.




Humans as a Service


Book Description

WHAT IF YOUR BOSS WAS AN ALGORITHM? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. IS THIS THE FUTURE OF WORK? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. HOW CAN WE PROTECT CONSUMERS & WORKERS WITHOUT STIFLING INNOVATION? As courts and governments around the world begin to grapple with the gig economy, Humans as a Service explores the challenges of on-demand work, and explains how we can ensure decent working conditions, protect consumers, and foster innovation. Employment law plays a central role in levelling the playing field: gigs, tasks, and rides are work - and should be regulated as such.




The Future of Work


Book Description

Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.




Guaranteed Electronic Markets


Book Description




The Litigation State


Book Description

Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period. Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.




Labor Platforms and Gig Work


Book Description

Since 2012, the platform economy has received much academic, popular, and regulatory attention, reflecting its extraordinary rate of growth. This paper provides a conceptual and theoretical overview of rapidly growing labor platforms, focusing on how they represent both continuity and change in the world of work and its regulation. We first lay out the logic of different types of labor platforms and situate them within the decline of labor protections and the rise of intermediated employment relations since the 1970s. We then focus on one type of labor platform -- the ondemand platform -- and analyze the new questions and problems for workers and the political problem of labor regulation. To examine the politics of regulating labor on these platforms, we turn to Uber, which is the easiest case for labor regulation due to its high degree of control over work conditions. Because Uber drivers are atomized and ineffective at organizing collectively, their issues are most often represented by surrogate actors -- including plaintiffs' attorneys, alt labor groups, unions, and even Uber itself -- whose own interests shape the nature of their advocacy for drivers. The result of this type of politics, dominated by concentrated interests and surrogate actors, has been a permissive approach by regulators in both legislative and judicial venues. If labor regulation has not occurred in this “easy” case, it is unlikely to occur for gig work on other labor platforms.




Work in the Gig Economy


Book Description

Throughout the last decade, the ‘gig economy’ has emerged as one of the most significant developments in the world of work. As a novel, hyper-flexible form of labour, gig work features a uniquely fragmented working arrangement wherein independent workers partner with digital platform organisations to provide a range of on-demand services to customers. Work in the Gig Economy: A Research Overview provides a concise overview to the key themes and debate that encompass the gig economy literature. It covers five core themes: an introduction to gig work; classification issues; the role of technology; the experiences of gig workers; and the future of gig work. As an emerging and diverse research field, contributions stem from an array of perspectives including psychology, sociology, human resource management, legal studies, and technology management. The chapters synthesise the most prominent insights into this emerging field, key thinking on the complex relationships and conditions found in gig work, and the most significant issues to be addressed as the gig economy continues to develop. A critical introduction for students, scholars and reflective professionals and policymakers, this book provides much needed direction through the rapidly growing and expansive body of research on work in the gig economy.