Dr. Adrián Todolí Signes

◦ “On demand economy”  Peer to peer economy  1099 economy ◦ (Sharing economy) ◦ Online Crowdwork ◦ Offline Crowdwork ◦ Generic Crowdwork ◦ Specific Crowdwork

Renting economy

GenericSpecific

GenéricoEspecífico

 Huge imbalance between the parties. The platform seeks to attract capital  Global Work  National labour law may restrict its use for workers of that country  Average Wage per hour :1,25$

 Drivers ◦ May choose when and how much they want to work ◦ May choose how to work ◦ They use their own cars ◦ They pay for gas and insurance

 Dependency test (for checking whether or not applying labor law)  Who has the right to control the work: ◦ Instructions ◦ Insert on no-owner organization (Company)  Who may monitor the work  Who may impose sanctions.  Who gets the results of the work  Who provides the materials needed for the work

 Two questions arise: ◦ 1) Is it actually an independent contracting party? (legal question) ◦ 2) Should Labor law only protect dependent work? (Ethical, sociological, economic question)

 Majority of literature include the new worker into the traditional employee legal concept. ◦ Dependency on clients monitoring (delegation) ◦ Deactivation as a sanction ◦ Recommendations are actually instructions (driver´s manual) ◦ Necessary instructions: The Company imposes the instructions that considers to be necessary (It’s up to the platform to extend the instructions) ◦ The worker is dependent but the Company freely decides to give less instructions (less work control).

 Problems: ◦ Applicability of all labor law ◦ Some regulations are not compatible  Regulations on schedules, hours, vacations.  Increase of employer power (less freedom for the worker)  Difficulties for applying a minimum wage when the worker is able to choose how many hours he wants to work  Tools belong to the employee.  Accident liability  Classic problems of "legitimacy" of the judge to create law (in continental law)

 Usually it’s used for jobs like sportsmen, artistic professions, salesmen, High level managers.  Offline Services provided through a virtual platform. ◦ Advantages  Regulation of the singularities of the new industry  Workers protection adapted to the new industry  Legal certainty

 1) Less dependency.  2) Freedom to choose when to work and for how many hours.  3) Freedom to work in more than one platform (avoid monopoly).  4) Accident liability to the worker.  6) Minimum wage for the whole time (but negotiable through collective agreement).  7) Consumable costs (expenses during work) and structural costs.  8) Labour Code application for the rest.

 Thank you  Dr. Adrián Todolí Signes ◦ ww.adriantodoli.com  Thank you  Dr. Adrián Todolí Signes ◦ ww.adriantodoli.com