ABSTRACT

The platform economy has to be distinguished from mere telework or mobile work, and it is different from Industry 4.0, in which smart robots communicate with each other and with humans on interlinking tasks. The platform economy is not a homogeneous phenomenon. Relatively unproblematic internal platforms are to be distinguished from the very problematic external platforms. There again two types are to be distinguished: “work on demand via app” where work is performed in a traditional way and “online crowd work”. Finally, it is important to distinguish platforms in which relatively simple tasks are performed from platforms where highly skilled persons are confronted with complex tasks.

Among the many challenges external platforms pose for labour law, only two are selected for discussion: namely, (1) What impact will the platform economy have on the scope of the application of labour law protection? What does it mean for the traditional conceptual framework of employment relationship? In what manner will the notions of employee and employer have to be reconceptualised? Where is the extension of protection limits? and (2) What impact will the platform economy have on collective representation of the persons performing the work? Will it increase the trend to individualisation? What mechanisms can be used to fight this trend, to develop a consciousness of solidarity and, thereby, to promote collectivisation?

As a result of these deliberations it may be concluded that the platform economy cannot be conceived by the traditional set of labour law concepts. Debates and activities are under way, but no consensus yet has been reached on how to cope with these challenges. There is, however, reason for optimism that adequate solutions can be found. There is a need for a joint effort of the international scholarly community in labour law and social security to develop suitable regulatory patterns for this new phenomenon.