Andrzej Marian ŚWIĄTKOWSKI:
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Everyone who works should be guaranteed decent working conditions
The author reveals significant disproportions in the legal situation of people working, subordinate to the employer and employed by them on the basis of traditional, standard employment contracts and other, non-standard employment categories of professionally active people. The latter are usually self-employed or work under civil law contracts. This division of employment categories is maintained on job platforms. In the vast majority of cases, job platforms do not act as employers. So they do not treat the vast majority of people working on platforms as employees. They are considered to be persons conducting economic activity consisting in providing services and performing tasks for the benefit of persons or entities indicated by the platform. A characteristic feature of employment within the platform is the existence of a tripartite legal relationship between the platform, non-employees and clients. The author tries to determine who is a participant in these legal ties and what role he plays on the platform. In the author's opinion, regardless of the legal basis of employment, employees and non-employees should be entitled to identical rights guaranteeing decent working conditions.
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