Platform Work and the Danish Model: Legal Perspectives

Natalie Videbæk Munkholm, Christian Højer Schjøler

Research output: Contribution to journalJournal articleResearchpeer-review

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Abstract

ABSTRACT
Labour law and services provided via online platforms or digital
apps, platform work, appear to be an ill-matched couple as the business
model of the platforms often relies on the worker not being an
employee, whereas labour law categorises persons performing work as
either self-employed or employees, depending on the circumstances of
the relationship. Recent European and national case law concerning
Uber illustrate that the classification of platform work is complicated.
This article examines platform work in the light of the Danish model of
providing a legal basis for decent pay and working conditions by way of
collective bargaining. Collective agreements are a prerequisite for the
Danish model to be extended to persons providing services via digital
platforms. Platform businesses operate in an uncertain realm where the
use of collective agreements could be questionable from a labour law as
well as from a competition law perspective. The article takes a closer
look at such legal perspectives by drawing out principles from national
case law as well as case law of the European Court of Justice. The article
further discusses a trial-agreement concluded between a trade union and
a platform business in Denmark. The article concludes that collective
agreements would be in line with the Danish model as well as with
competition law, as long as the circumstances of each contract of service
are characteristic of employment and as long as the service providers are
not genuinely self-employed. The article contributes to the discourse on
collective agreements as a means to ensure decent pay and working
conditions as well as societal values and protections for persons
providing services in the form of labour via online websites and digital
apps.
Original languageEnglish
JournalNordic Journal of Commercial Law
Volume1
Issue number2018
Pages (from-to)116-145
ISSN1459-9686
DOIs
Publication statusPublished - 2018

Fingerprint

collective agreement
labor law
Law
case law
legal basis
European Court of Justice
human being
trade union
working conditions
Denmark
service provider
website
employee
labor
worker
discourse
Values

Keywords

  • labour law
  • Platform Technologies

Cite this

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title = "Platform Work and the Danish Model: Legal Perspectives",
abstract = "ABSTRACTLabour law and services provided via online platforms or digitalapps, platform work, appear to be an ill-matched couple as the businessmodel of the platforms often relies on the worker not being anemployee, whereas labour law categorises persons performing work aseither self-employed or employees, depending on the circumstances ofthe relationship. Recent European and national case law concerningUber illustrate that the classification of platform work is complicated.This article examines platform work in the light of the Danish model ofproviding a legal basis for decent pay and working conditions by way ofcollective bargaining. Collective agreements are a prerequisite for theDanish model to be extended to persons providing services via digitalplatforms. Platform businesses operate in an uncertain realm where theuse of collective agreements could be questionable from a labour law aswell as from a competition law perspective. The article takes a closerlook at such legal perspectives by drawing out principles from nationalcase law as well as case law of the European Court of Justice. The articlefurther discusses a trial-agreement concluded between a trade union anda platform business in Denmark. The article concludes that collectiveagreements would be in line with the Danish model as well as withcompetition law, as long as the circumstances of each contract of serviceare characteristic of employment and as long as the service providers arenot genuinely self-employed. The article contributes to the discourse oncollective agreements as a means to ensure decent pay and workingconditions as well as societal values and protections for personsproviding services in the form of labour via online websites and digitalapps.",
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Platform Work and the Danish Model : Legal Perspectives. / Munkholm, Natalie Videbæk; Højer Schjøler, Christian.

In: Nordic Journal of Commercial Law, Vol. 1, No. 2018, 2018, p. 116-145.

Research output: Contribution to journalJournal articleResearchpeer-review

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AB - ABSTRACTLabour law and services provided via online platforms or digitalapps, platform work, appear to be an ill-matched couple as the businessmodel of the platforms often relies on the worker not being anemployee, whereas labour law categorises persons performing work aseither self-employed or employees, depending on the circumstances ofthe relationship. Recent European and national case law concerningUber illustrate that the classification of platform work is complicated.This article examines platform work in the light of the Danish model ofproviding a legal basis for decent pay and working conditions by way ofcollective bargaining. Collective agreements are a prerequisite for theDanish model to be extended to persons providing services via digitalplatforms. Platform businesses operate in an uncertain realm where theuse of collective agreements could be questionable from a labour law aswell as from a competition law perspective. The article takes a closerlook at such legal perspectives by drawing out principles from nationalcase law as well as case law of the European Court of Justice. The articlefurther discusses a trial-agreement concluded between a trade union anda platform business in Denmark. The article concludes that collectiveagreements would be in line with the Danish model as well as withcompetition law, as long as the circumstances of each contract of serviceare characteristic of employment and as long as the service providers arenot genuinely self-employed. The article contributes to the discourse oncollective agreements as a means to ensure decent pay and workingconditions as well as societal values and protections for personsproviding services in the form of labour via online websites and digitalapps.

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