Documents Eleveld, Anja 5 results

"This article intends to show the added value of an interdisciplinary approach to researching the protection of on-location platform workers in producing a more fruitful understanding of the current socio-legal problems regarding the classification of these platform workers and their possible solutions. It explores how food delivery platform workers in Amsterdam experience their social rights, the conditions under which they would wish to change their situation, and the legal reforms needed to realise the changes. The empirical findings suggest that not only solo self-employed but also employed riders appreciate the ability to decide when and whether to accept an assignment. In addition, both types of food delivery riders express the desire to be protected under labour and social security law. The legal analysis highlights various obstacles to meeting the demands of the platform workers. It concludes that it is worthwhile rethinking the dichotomy of the employed and self-employed, both at the EU and national levels, and to offer platform workers (some) employment and social security protection."

"This paper explores and problematizes the exclusion of workfare participants from the scope of employment legislation, offering an opportunity to revisit the scope of the labour protection. As the UK and the Netherlands have been at the forefront of the European activation turn that catalysed the introduction of workfare programmes in European welfare states, the first part of the paper maps the employment protection of workfare participants in these two countries. In the second part of the paper we critically assess the reasons why employment status or, at least, employment protection regardless of status, is not granted to workfare participants and to other persons who are fulfilling financial non-rewarding (at least for the worker herself) ‘work', such as volunteer workers or persons who have been found guilty of an offence and are sentenced to community service. On the basis of our analysis we suggest to expand labour protection to workfare participants, with or without granting them worker status."

"Since the rise of the activation paradigm in the 1990s, the duty to work without a wage has become widespread in European social assistance legislation. This paper investigates in a precise way the extent to which the duty to work without a wage follows the legal logic of a contractual relationship and how this duty is related to the fundamental right to an adequate standard of living. A comparison between German, Dutch and British social assistance legislation shows that the duty to work without a wage increasingly takes the form of a reciprocity requirement. That is, instead of re-integrating into regular paid work, recipients of social assistance are required to show that they are worthy of attaining basic social rights, not only by improving their capability to work but, above all, by showing a willingness to work. It concludes that the duty to work without a wage enhances governmental control over recipients of social assistance rather than improving their employability and notes that, in this respect, the Dutch social assistance regime seems to be stricter than the German and British ones."

"This article analyses the consistency between the implementation of the EU Youth Guarantee and the fundamental right to work. Focusing on the use of traineeships as an implementation instrument, it explores various types of national Active Labour Market Policies (ALMP) for young unemployed people in Italy, Spain, the Netherlands and Poland. The case studies show that it remains to be seen whether the traineeships considered in this research comply with the right to work. The authors argue for the need to strengthen the Youth Guarantee to accord with the right to work, so that in addition to the right to a first job, it ensures that work-related instruments include the provision of effective training, as well as the right to equal pay for work of equal value, and decent working conditions. This is particularly important in view of the Coronavirus disease 2019 (COVID-19) pandemic, that has had an unprecedented economic impact in the EU and is likely to result in another dramatic upsurge in the number of young unemployed."

"One of the main goals of the Dutch Act on the Employment Contract of 1907 was to offer protection to day labourers who sold their labour on a daily basis as ‘entrepreneurs of themselves'.1 Under the Act, these workers were classified as ‘employees', which made them less dependent on market forces and the whims of their employer. One may wonder, however, whether the (lack of) employment protection of the 19th century day labourer differed much from that of todays' employees performing zero-hours work who, like those day labourers, have to cope with unpredictable working days and hours. This article seeks to answer this question through detailed analysis of the regulation of the zero-hours employment contract under Dutch labour law. In this context it will also address the impact of EU labour law on the regulation of zero-hours work arrangements..."