*ETUI-Nicola Countouris 41 results

"The present article offers an analysis of some key aspects of the UK Supreme Court (SC) Deliveroo judgment. After a short description of some of the facts and findings of the case, the article argues that the Supreme Court may have actually misconstrued the personal scope of application of Article 11 ECHR and, like the other domestic jurisdictions before, misapplied the law (and the concept of ‘employment relationship' deployed by the ECtHR) to the facts of this case. While the SC judgment did not expressly elaborate on the domestic ‘worker' definition contained in s. 296 TULRCA 1992, the article explores the extent to which the Deliveroo saga has incorrectly construed this concept, embracing a very narrow concept of ‘personal work' that neither the statutory wording itself nor the context in which it was applied arguably support. Finally, the concluding section of this article offers an alternative approach to the legal construction and legal regulation of ‘personal work', one that is already emerging in other jurisdictions and that should underpin any future reform of the personal scope of application of UK, but also EU labour law - a reform, the article concludes, that is long overdue."

"Besides straining international, regional and national employment status classification models, digital labour platforms are pioneering new strategies and approaches in terms of algorithmic management, digital surveillance, remote work and cross-border outsourcing, which are increasingly being adopted in more conventional sectors of the economy. Developments in the platform economy are thus crucial in providing a stress test for the resilience of existing labour standards, as well as providing useful input in terms of the reforms needed to ensure their suitability, the collective interest representation and mobilization aspects comprehended by rapidly changing labour markets.

This paper seeks to explore the key emerging regulatory dimensions of platform work. It contextualizes the challenges associated with platform work as an expression of the consolidated features that, in the past decades, have been transforming the labour market: non-standardization and the deregulation of employment relationships. Following that, it considers the definition of the personal scope of application as a key challenge faced by essentially all attempts to regulate platform work. It does so primarily by exploring the functions and operations of a legal device known as “presumption of employment”, currently being considered by the proposed EU directive on platform work as a key tool to address the complex employment status classification questions that have surrounded the “gig economy” since its emergence. The paper then provides a conceptual cartography of the various EU regulatory instruments (both existing ones and those currently in the legislative pipeline) that will, jointly, define the legal mosaic of labour rights applicable to the heterogeneous phenomenon of platform work in the years to come."

"This edited volume explores the need for a transformative approach to envisioning a just social and economic model. A cross-disciplinary team of academic experts was formed to develop this approach, with the aim of proposing concrete policy ideas that are both transformative and original. While these ideas should not be contingent on a revolutionary reconfiguration of the current relationship between capital and labour, they may lead to a radical rebalancing of power structures within societies. Crises are becoming an almost permanent feature of our societies, occurring ever more closely together and increasing uncertainty. The recent crises had and are having profound effects on key institutional arrangements underpinning our societies, such as labour markets and welfare states. This has forced societies to reassess the role of the state in regulating markets, as well as the level of control to which private individuals can be subjected, either by the state or by corporate actors. The post-pandemic period offers a unique opportunity to transform the global economic system, making it more resilient to future shocks, while ensuring environmental sustainability, intergenerational fairness and a dignified existence. It is a time to cast a new social-ecological contract for the future, ensuring a just share of progress for all."

"Debates on the future of work have taken a more fundamental turn in the wake of the Covid-19 pandemic. Early in 2020, when large sections of the workforce were prevented from coming to their usual places of work, remote work became the only way for many to continue to perform their professions. What had been a piecemeal, at times truly sluggish, evolution towards a multilocation approach to work suddenly turned into an abrupt, radical and universal shift. It quickly became clear that the consequences of this shift were far more significant and far-reaching than simply changing the workplace's address. They involved a series of rapid, blockbuster transformations that were going to outlast the ‘mandatory lockdown' phase of the pandemic. The 12 chapters collected in this volume provide a multidisciplinary perspective on the impact and the future trajectories of remote work. They raise, discuss and explore fundamental questions emerging around remote work: from the nexus between the location from where work is performed and how it is performed to how remote locations may affect the way work is managed and organised, as well as the applicability of existing legislation. Additional questions concern remote work's environmental and social impact and the rapidly changing nature of the relationship between work and life. The contributions in this edited volume develop along several complementary axes, ranging from the discussion of global and societal dynamics to the implications for the contractual relationship between employers and workers. The transformation of the spatial component of work is considered both as a potential paradigm shift for the world of work and as a challenge for the implementation of specific regulatory regimes. An important insight that emerges from the multidimensional approach of this volume is that the establishment of a worker centred future of (remote) work requires the exploration and development of constructive pathways at different levels and in different directions involving the role of regulators, courts, trade unions, researchers, businesses and workers themselves."

"The central questions and main contextual background explored by this year's issue of Benchmarking are, at their core, fairly straightforward. Europe is at a crossroads, painfully navigating four transitions at once: a (perhaps less than obvious) economic policy transition best exemplified by the debates surrounding the EU economic governance framework (COM(2022) 583 final); a geopolitical transition, increasingly shaped by the ‘open strategic autonomy' debate (Akgüç 2021) and, of course, by the Russian war of aggression on Ukraine; and the two more readily acknowledged green and digital transitions. It is, however, becoming increasingly clear, as explored in greater detail in the following chapters, that these four transitions imply important trade-offs and have significant ramifications for the social dimension of the European project and for the livelihoods of European workers. These consequences are currently being ignored by the principal institutional actors that are shaping them and that, at times, have conflicting priorities.

The current inability on the part of governments and policy-makers, at a national and supranational level, to resolve the tensions inherent to these transitions is a major factor in determining what the following pages of this issue refer to as a ‘polycrisis'. We understand the current conjuncture as a ‘polycrisis' due to the presence of a series of multiple, separate crises happening simultaneously (e.g. a climate crisis, a cost-of-living crisis, a geopolitical crisis, etc.), due to the way in which these separate crises interact with each other (for instance the energy crisis and the climate crisis), and due to the extent to which they thus amplify each other's effects, in particular social and economic effects (the extent to which strained supply chains and externally driven inflationary pressures tend to magnify the shortcomings of current fiscal policies, for instance, as noted in the opening chapter). There is also a growing perception that resolving any of these crises in isolation may be a particularly arduous task and that cumulative responses must be identified.

This polycrisis is intimately linked to the inability of the ruling class to engage with what we identify here as the missing transition: the social transition. This issue of Benchmarking Working Europe engages critically with these four transitions and their effects and posits that only a transformative and ambitious social transition can break the current cycle of crisis after crisis and instead institutionalise what the issue refers to as ‘sustainable resilience'.

The four transitions – and the missing one
We are arguably witnessing four major discernible and disruptive transition processes that are shaking the kaleidoscope of the European project as it is currently still enshrined in the (fragile) constitutional consensus embodied by the Lisbon Treaty. The rather more obvious (but no less challenging) processes are the green and technological transitions. Yet, it is arguable that, most visibly since the suspension of parts of the Stability and Growth Pact, we have also been experiencing an economic policy (including a monetary policy) transition and – in connection with the supply chain shortages caused by Covid‑19 and its aftermath, and more markedly since the Russian invasion of Ukraine – a geopolitical transition linked to the developing concept of ‘open strategic autonomy'"