Pillar Of Social Rights Research Articles

Facing the Challenges of Platform-Mediated Labour: The Employment Relationship in Times of Non-Standard Work and Digital Transformation

This dissertation focuses on digital platforms and apps connecting pools of workers, employers and clients instantaneously. These working arrangements call into question the suitability and effectiveness of the current employment legislation. The emerging literature reveals pervasive commands, reinforced surveillance, constant monitoring, arbitrary disciplinary action and very little or no workers’ discretion in deciding how to complete a task. Standard methods of social science research and legal analysis are applied in the investigation, accompanied by a strong interdisciplinary approach. With a law-in-context methodology, this study revolves around four main sections, each of them looking at platform-mediated work from a particular angle. After describing the theoretical antecedents of hierarchical outsourcing and relational contracts, Section 1 contributes to the literature on the “nature” of the “non-standard firm” by applying the economic analysis of transaction costs. Building on models on the disarticulation of the employing entity and the pulverisation of work-related responsibilities, this chapter conceptualises the prototypical business model of these new economic and social actors. The expression “Cerberus firm” is used to define a network company built as an online middleman that reduces information asymmetries, minimises organisational costs and engages a pool of providers (virtually recruited, effectively directed and persistently disciplined) through rapid transactions on the market with an authoritative attitude. Section 2 carries out a critical scrutiny of two myths: technological displacement and the crisis of the standard employment relationship. This assessment also requires looking into the contractual arrangements. The typologies of employment generated by the on-demand economy are part of a broader class of non-standard forms of work emerging from digitalisation. These organisational patterns manifestly exclude workers from employment protections and social security benefits. Accordingly, a picture of the spread of precarious employment is drawn, by taking into account as many alternative working formats as possible including self-employment work, economically dependent self-employment and disguised employment relationship. This review concludes by representing the employment relationship as a resilient and flexible tool, capable of adapting to the incessantly changing nature of production systems. Section 3 maps a kaleidoscopic array of app-distributed arrangements, clustering the findings into three main subsets (passenger transport services, professional crowdsourcing, on-demand work at the client’s premises). In doing so, the relationship between a worker and the platform is assessed along five main critical stages of the process, starting with the registration and ending with the payment. Several initiatives aimed at promoting fair and decent work in the collaborative economy are scrutinised, namely (i) the European Commission’s Communication 356/2016, (ii) the principles enshrined in the European Pillar of Social Rights, and (iii) the ruling by the European Court of Justice on the nature of the service provided by Uber. Furthermore, existing regulatory schemes, ranging from the Directives on atypical employment to other casual work templates, are assessed to test their resilience against this background. Section 4 investigates the legal status of platform-coordinated workers by considering what is at stake in pending litigations. In the end, this dissertation intends to “normalise” the discourses surrounding the digital transformation of work, by also contrasting the sense that new realities of work have outgrown legal concepts. This thesis argues that, before exploring captivating hypotheses for reforms, lawyers and scholars must seek to square this fast-evolving phenomenon with the existing legal framework. There is indeed the need for a balance between safeguarding social rights and unleashing authentic societal improvements. Several available legal notions and tools, which can adequately address this challenge, are discussed with a view of advancing a tentative regulative framework of platform-mediated labour.

EU equality law after a decade of austerity

This article discusses the evolution of European Union (EU) legislation and policymaking methods during the 10 years since the onset of the financial and economic crisis in 2007/2008. In the EU, this period has been characterized by politics of stimulus, austerity, and recovery. Against the backdrop of longer term developments in equality law, we consider how the crisis context influenced this field’s evolution. Through the analysis of a range of legislative and policy proposals, we show that the progressive softening or hybridization of equality law over this period has gone hand in hand with the stronger articulation of equality objectives in terms of a “business case.” While this approach appears to have enabled the proliferation of policy and legal instruments and expanded the reach of equality law into areas where the EU has limited competence to legislate, it has also elevated instrumental economic goals for action at expense of human rights or social rationales. This longer term tendency is also present in the recently adopted European Pillar of Social Rights, and the accompanying policy documentation, which have been hailed as carrying potential to infuse more coherence and to rebalance the social and economic rationales that the EU integration project has unevenly promoted over the years. Mindful that it is still too early for conclusive judgments, we suggest, however, that the transformative possibilities the Pillar carries are likely to be undermined by its soft and economically oriented thrust.

The evolution of gender equality and related employment policies

European Union (EU) law and policy on work–family reconciliation has developed by way of two parallel but often incoherent movements. The jurisprudence of the Court of Justice of the EU has been a driving force in its interpretation of sex discrimination provisions in the context of claims concerning women’s labour market experiences, which have subsequently been codified, for example, to provide positive rights in relation to pregnancy and maternity. Alongside this development, policy has been linked to wider economic concerns such as the goal of full employment leading to specific measures intended to equalize employment conditions for those with non-standard working arrangements and to encourage shared parenting between men and women. The lack of a specific focus on work–family reconciliation as a goal for law and policy in its own right has resulted in a patchwork of provisions rather than an overarching framework. The net result is that EU law provides an unsatisfactory response to what has been termed the unsolved conflict between paid work and unpaid care. Recent developments may provide a solution. The Commission has reinvigorated its interest through its ‘New Start’ initiative – a package of both legislative and non-legislative measures under the auspices of the European Pillar of Social Rights launched in April 2017. Provisions incorporate, inter alia, a proposed directive that would amend the parental leave regime and introduce paid paternity and carers’ leave. This article provides a critique of law and policy to date and assesses the potential for a coordinated EU strategy for work–family reconciliation, focusing specifically on gender equality. It is argued that, even with the enhanced interest of the Commission, it may be difficult to achieve a coordinated approach to what has always been a contentious policy area within a rapidly changing EU although the United Kingdom’s departure from the EU may provide an opportunity in this respect.

The European Pillar of Social Rights: Effectively Addressing Displacement?

An assessment of the ‘European Pillar of Social Rights’ by reference to its constitutional significance – Potential to significantly improve the social output of the EU by addressing the displacement of the Social Policy Title of previous years – Incapacity to redress the constitutional imbalance between ‘the market’ and ‘the social’ in the EU legal order – Continuing displacement of the (national and European) legislator in the internal market and economic governance

Fundamental Rights as a New Frame: Displacing the Acquis

Impact of fundamental rights on the social ‘acquis’ – Limited extension of social rights from the integration of the ‘acquis’ into the Charter of Fundamental Rights – How the Charter contributed to the renewed force of the economic freedoms – Shift from fundamental rights to ‘essential principles’ of uncertain nature in the European Pillar of Social Rights – Possible transformation in the approach to social issues through interdisciplinarity

ЕВРОПЕЙСКАЯ ОПОРА СОЦИАЛЬНЫХ ПРАВ

ЕВРОПЕЙСКАЯ ОПОРА СОЦИАЛЬНЫХ ПРАВ

Strengthening the EU's Social Dimension: Using the EMU to Make the Most Out of the Social Pillar

This policy brief examines how the European Pillar of Social Rights (EPSR) can be used to strengthen the social dimension of the EU. For the EPSR to matter, the relevant actors should strongly commit themselves to its principles, ideally through a legally binding mechanism. Starting from the premise that achieving consensus for committing to some of the Pillar’s principles is more likely to be forthcoming among Eurozone members for reasons relating to the better functioning of the EMU, this policy brief proposes using an inter-governmental Treaty route to implement some of these principles. This would then serve as the first step towards, or at least a trigger for, creating a stronger social dimension across the EU. The Commission’s currently suggested use of the EPSR’s principles for drafting recommendations in the European Semester is much weaker, but, in the absence of more meaningful solutions, it would be preferable to the status quo.

EU Social and Gender Policy beyond Brexit: Towards the European Pillar of Social Rights

The analysis of EU level social and gender policies highlights uneven developments and concerns over the EU as not (always) beneficial to social progress and gender equality. The EU, although primarily market driven, has developed a range of social policies, with gender equality enjoying a long-standing status as EU's founding value, dating back to the 1957 principle of equal pay for equal work. Yet, sixty years later, social justice objectives and equality between women and men remain to be realised. Social and gender themes have been revived by the proposal to develop the European Pillar of Social Rights, the shaping and implementing of which post-Brexit UK will not take part in. This initiative entails some meaningful developments for social and gender progress. However, its current form and content represents an adjustment to, rather than a transformation of, the unequal European economy and society.

The Principle of Equal Treatment and the European Pillar of Social Rights

The Principle of Equal Treatment and the European Pillar of Social Rights

The European Pillar of Social Rights: Adding Value to the Social Europe?

The European Pillar of Social Rights: Adding Value to the Social Europe?

The European Pillar of Social Rights

The European Pillar of Social Rights

Social Harmonization in the Eyes of Polish Stakeholders In Search of Consensus

Aspects of labor mobility and discrepancies in social benefits schemes in Member States became an urgent matter to address. Revision of the Posting of Workers Directive, the European Pillar of Social Rights and the European Mobility Package were aimed at introducing more harmonization within the EU countries. However, the EU propositions faced a strong resistance from some groups of stakeholders and Member States. Moreover, the debate has been evolving quickly given recent events such as the economic and migration crises and Brexit. CASE held a forum with various Polish stakeholders, where CASE experts gathered views on the future of social situation in the EU. They are all summarized in this Policy Brief. Main policy recommendations emphasize that proposed legislation is important for Poland, however it still needs more debate, since under current form certain policies might be harmful for many EU Member States.

The European Pillar of Social Rights and Other Initiatives Promoting Decent Work in the Collaborative Economy

The European Pillar of Social Rights and Other Initiatives Promoting Decent Work in the Collaborative Economy

The European Pillar of Social Rights: Critical Legal Analysis and Proposals

The aim of the present paper is to provide a basis for an in-depth discussion of the European Commission’s initiative for a ‘European Pillar of Social Rights’ by briefly examining its context. The content of the Commission’s Communication is reviewed and followed by a more detailed analysis of the rights listed in the Annex of the Communication.

Focus: Last Chance Saloon

Page 8 Volume 23 Issue 2 2016 INTERNATIONAL union rights FOCUS ❐ BREXIT right to take collective action, including the right to strike, is a fundamental right which forms an integral part of the general principles of Community law, the Court went on to conclude that collective actions may – at least in cross-border situations like the once in Laval and Viking – be considered a restriction on the freedom of services and the right to establishment. The result has been that the exercise of trade union rights such as the right to collective action must be justified in light of economic freedoms. This emphasis on the primacy of economic freedoms has created a fundamental in imbalance between the exercise of social rights and economic freedoms. It has had a chilling effect and has left both trade union rights and member states without the necessary tools to properly protect collective agreements. The consequence for workers, in particular posted workers has been unfair competition and exploitation. Addressing the damaging impact of fiscal measures on trade union rights Serious damage has also been done to the European Social Model by measures adopted to comply with EU fiscal rules. Many EU countries have made or have been forced financially to make significant cuts in line with various recommendations made under the framework of EU economic governance, the European Semester process and various ‘Troika’ interventions. Fiscal consolidation has involved tough adjustments aimed at reducing fiscal deficits by lowering public expenditure, raising prices of utilities, freezing or reducing public-sector pay, and capping pension payments and social benefits. Collective bargaining and industrial relations institutions have been damaged. There has been an increase in unfair and insecure working conditions, in-work poverty and in particular youth unemployment. The reduction in coverage of collective agreements , the only real counter to growing wage inequality and to depression in demand, has seen the gap between the highest and lowest paid continue to expand. Quality jobs are being hollowed out and there is an increase in unfair and insecure working conditions incomes are flat and falling. There is every indication that rising inequality is causing social and political instability and workers are losing patience and confidence in the ability of the EU to find ‘social’ solutions. The Lisbon Treaty Reforms have not lived up to expectations The Lisbon Treaty entered into force on 1 December 2009 providing a new legal context and measures for an improved balance between Both EU fiscal policies and rulings of the Court of Justice of the European Union have had a negative impact on the exercise of trade union rights ESTHER LYNCH is Confederal Secretary with the European Trade Union Confederation. Esther was elected in 2015, having previously worked with the Irish Congress of Trade Unions as head of legal affairs. Esther is responsible for developing and negotiating the ETUC priorities for the European Pillar of Social Rights and for ETUC actions in the field of labour law and trade union rights. F ollowing the UK referendum the EU as a whole now faces a very difficult challenge. The anger and disillusionment of working people with the EU is not confined to the UK. Much of the criticism is in response to the measures adopted in Member States to address the economic crisis and their impact on workers’ rights. Not everyone has benefited from EU fiscal policies and much harm has been inflicted. Central to many workers’ concerns is that EU protection of their social rights, in particular their trade union rights, are not being accorded equal weight and emphasis compared with the protection and promotion of employers’ economic freedoms. It is not just fiscal rules that have had a negative impact on the exercise of trade union rights, such as the right to collective bargaining and collective action. The Court of Justice of the European Union (CJEU) has demonstrated a growing preference for promoting the achievement of the single market through negative integration, by removing rules and restricting rights, in particular trade union rights whenever the exercise of these rights can be argued to represent an ‘impediment to the operation of economic freedoms’. But it is not too late to rectify the situation. Social objectives can...