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Collective Bargaining and the Gig Economy: A Traditional Tool for New Business Models

Collective Bargaining and the Gig Economy: A Traditional Tool for New Business Models

Author: José Boto, María Miranda; Elisabeth Brameshuber
Publisher: Hart Publishing
ISBN: 9781509956234

Published In: December 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509956197

List Price: RM308.81

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Despite the variety of situations covered by the term “gig economy”, collective agreements for employees and non-employees are being concluded in various countries, either at company or at branch level. Offline workers such as riders, food deliverers, drivers or providers of cleaning services are slowly gaining access to the series of negotiated rights that, in the past, were only available to employees.

The chapters analyse recent high-profile decisions including Uber in France's Court de Cassation, Glovo in the Spanish Supreme Court, and Uber in the UK Supreme Court. They evaluate the bargaining agents in different Member States of the EU, to determine whether established actors are participating in the dynamics of the gig economy or if they are being substituted, totally or partially, by new agents. Interesting best practices are drawn from the comparison, also as regards the contents of collective bargaining, raising awareness in those countries that are being left behind in the dynamics of the gig economy.

The book collects the results of the COGENS (VS/2019/0084) research project, funded by the European Union, that gathered scholars and stakeholders from 17 countries. It will be an invaluable resource for scholars, trade unionists and policy makers.

1. Collective Bargaining and the Gig Economy: Reality and Possibilities

José María Miranda Boto (University of Santiago de Compostela, Spain)

Part I: The Sources of a Possible Regulation

2. The Boundaries between Collective Agreements and Statutory Legislation in the Gig Economy

Piera Loi (University of Cagliari, Italy)

3. The EU Normative Patchwork on the Regulation of Platform Work

Luca Ratti (University of Luxembourg)

4. Collective Bargaining in the Gig-Economy and the European Social Charter

Barbara Kresal (University of Ljubljana, Slovenia)

5. Litigating the Gig Economy: Comparative Experiences from Europe's Supreme Courts

Jeremias Adams-Prassl (University of Oxford, UK), Sylvaine Laulom (University Lumière Lyon 2, France) and Yolanda Maneiro Vázquez (University of Santiago de Compostela, Spain)

6. Why Collective Bargaining Is a Must for Platform Workers

Tamás Gyulavári (Peter Pázmány Catholic University of Budapest, Hungary) and Gábor Kártyás (Peter Pázmány Catholic University of Budapest, Hungary)

Part II – Actors and Contents

7. The 'Smart' Trade Union: New Strategies for a Digitalised Labour Market

Felicia Rosioru (Babes-Bolyai University, Romania)

8. Algorithms, Discrimination and Collective Bargaining

Teresa Alexandra Coelho Moreira (University of Minho, Portugal)

9. Protection of Gig Workers against Contract Termination: Not for Everyone?

Jakub Tomšej (Charles University of Prague, Czech Republic)

10.

The Personal Dimension of Collective Bargaining in the Gig-Economy: The Spanish Perspective

Daniel Pérez del Prado (University Carlos III de Madrid, Spain) and Guillermo Barrios Baudor (University Rey Juan Carlos, Spain)