2023/1.

  • Ilaria PURIFICATO - Iacopo SENATORI:
    The Position of Collective Rights in the "Platform Work" Directive Proposal: Commission v Parliament

    The article compares the Proposal for a Directive on improving working conditions in platform work adopted by the European Commission on 9 December 2021 with the version amended by the European Parliament on 22 December 2022, from the perspective of collective workers' rights. It discusses the different approaches adopted in the two documents with regard to the rationale, functioning and systemic role of collective rights for the protection of platform workers.
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  • Alberto BARRIO:
    The Role of the EU in Adapting Social Law to the Digital Transformation of Work
    Lessons learned from the proposed Directive on improving working conditions in platform work

    The paper analyses how the proposal for a Directive on improving working conditions in platform work may show some of the social protection challenges caused by the digital transformation of work, as well as the difficulties that the EU legislator may face to address them.
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  • Nastazja POTOCKA-SIONEK:
    Easier done than said?
    An Empirical Analysis of Case Law on Platform Work in the EU

    The paper provides a quantitative analysis of case law on platform work issued in the EU Member States by October 2022. It presents a year-to-year deconstruction of case law; examines the distribution of case law per country and sector; compares the reclassification rates across all sectors, and identifies the criteria most referred to when deciding about the employment status of platform workers. It calls for a refocusing of the debate on employment classification on the under-researched sectors of platform work and emphasises the need for effective, comprehensive regulatory solutions.
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  • Chiara Ciccia ROMITO:
    The balance in the labour relationship due to Artificial Intelligence and data protection

    The article aims to investigate the possible balance between employees' rights and employers' obligations in the context of data protection. Artificial intelligence makes mandatory obligations that require the adoption of measures to protect workers' data. The article also intends to look at the SME category and understand whether a balancing is possible.
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  • Elena SYCHENKO:
    Distant employees' control technologies: legal issues

    The use of digital employees' surveillance in widespread in all European countries and is likely to grow. In this paper, the different cases on digital surveillance were considered to demonstrate emerging legal issues. The approach to workplace surveilance elaborated by the European Court of Human Rights provides a framework for to the evaluation of the legality of digital surveillance throughout the countries of the Council of Europe and might be helpful for the solution of some of the legal issues discussed in the paper.
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  • Zoltán PETROVICS:
    Protection against dismissal in the digital age

    The effects of digitalisation both accelerate the erosion of protection in traditional employment relationships and raise the need to extend protection to new forms of employment. The study gives examples of fragmented protection of employees, and tries to give an answer to the question: on what principle could be the basis for protection against arbitrary termination of employment by the employer.
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