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Regulating Gig Work: Decent Labour Standards in a World of On-demand Work

Regulating Gig Work: Decent Labour Standards in a World of On-demand Work

Author: Joellen Riley Munton; Michael Rawling
Publisher: Routledge
ISBN: 9781032251448

Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781032251462

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Description
Contents

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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 characterization 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 focuses 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.

Preface

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

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

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

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

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

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

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

Chapter 8. Concluding thoughts

8.1 Regulating on-demand work, everywhere 8.2 Beyond ‘employment’ 8.3 Future proofing labor regulation 8.4 Supervision