کار شایسته در عصر دیجیتال: دیدگاه‌های اروپایی و مقایسه‌ای

"This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations"-- Proporcionat per l'editor Foreword Contents List of Contributors 1. Labour, Law and Digitalisation I. Introduction II. Four Pillars of Digital Transformation of Work III. The Profound Impact of Digitalisation on Work Relations IV. Regulatory Challenges: New Problems versus Traditional Labour Law Institutions V. What Future for Labour Law in the Digital Era? VI. Aims, Structure and Authors PART I THE IMPACT OF AUTOMATISATION AND DIGITALISATION ON WORK RELATIONS 2. Digitalisation and Basic Principles of Labour Law I. Introduction II. The Basic Principles of Labour Law III. The Digital Workplace IV. Implications for Basic Principles of Labour Law V. Conclusion 3. The Impact of Automation and Robotics on Collective Labour Relations: Meeting an Unprecedented Challenge I. Introduction II. The Structural Impact of Automation and Robotics on Collective Labour Relations: Quali-Quantitative Potentially Negative Effects and their Remedies III. The Functional Impact of Automation and Robotics on Collective Labour Relations between Innovations and Startups IV. Conclusion 4. EU Law and Digitalisation of Employment Relations I. Digital Transformation of the World of Work: Naturally a Matter for the EU? II. The Scope of EU Law and the Employment Status of Platform Workers III. Working Conditions and Digital Employment Patterns: The Responsiveness of EU Law IV. Recent Policy Initiatives V. Conclusions PART II PLATFORM WORK AND AGILE WORK ARRANGEMENTS 5. Classification of Platform Workers: A Scholarly Perspective I. Introduction II. Possible Solutions to the 'Platform Problem' III. Adapting the Concept of Employee to the Digital Age IV. Redefining the Notion of the Employee V. Functional Concept of the Employer VI. Introduction or Extension of an Intermediate Category VII. Special Legislation for Platform Work VIII. Collective Bargaining IX. Conclusions 6. The Classification of Platform Workers through the Lens of Judiciaries: A Comparative Analysis I. Introduction II. The Toolbox Available to National Courts: Overview of the Customary Employment Tests III. The Gig Economy Workers in National Courts IV. How to Move Past Uncertainty? V. EU Law is Moving Towards a Quasi-Universalisation of Core Employment and Social Security Rights VI. Conclusion 7. Floor of Rights for Platform Workers I. Introduction II. Heterogeneous Workers and Employment Rights III. Floor of Employment Rights for Platform Workers IV. Multilayered Regulation of Platform Work? V. Conclusions: A Limited Charter of Rights? 8. Working Time Flexibility: Merits to Preserve and Potentials to Adjust to Change I. Introduction II. The Binary System of Working Time and Rest Periods in EU Law III. The Use of the Binary System in Digital Work: Is the Right to Disconnect Relevant? IV. Immeasurability of Working Time? Accounting Working Time in the Digital Workplace V. Adjusting Regulation to Changing Needs: Negotiated Flexibility VI. Autonomy to Displace Protection? VII. Relaxing Protections to the Benefit of the Worker? VIII. Summary 9. Which Welfare Rights for Platform Workers? I. Introduction II. Challenges Impacting on Social Security for Platform Workers III. Comparative Conspectus of Current Coverage and Access Modalities IV. Key Principles and Values Informing the Extension of Social Security Coverage and Access in Relation to Platform Workers V. Legal, Policy, Design and Administrative Techniques for Achieving Social Security Coverage Extension to and Access by Platform Workers VI. Conclusions 10. Competition Law Implications of Platform Work I. Introduction II. The Personal Scope of Competition Rules III. The Provision of Work as a Service: The Labour Exemption IV. Competition Law Analysis of Platform Relations V. Selected Competition Law Issues in Platform Markets51 VI. Conclusions 11. Decent Teleworking: Lessons from the Pandemic I. Introduction II. Telework as a Multifaceted and Evolving Phenomenon III. The Organisational Dimension of Telework: Some Critical Issues IV. Telework Regulation at EU and National Level V. Employment Protection for Teleworkers VI. Concluding Remarks: Which Future Scenarios? PART III REGULATING THE ALGORITHM 12. The Challenges of Management by Algorithm: Exploring Individual and Collective Aspects I. Introduction II. Management by Algorithm: A Primer III. Mapping Advantages - And Harms IV. Illustrating Specific Challenges V. Conclusion 13. Automation, Augmentation, Autonomy: Labour Regulation and the Digital Transformation of Managerial Prerogatives I. Introduction II. Challenging the "Workless Future" Narrative III. From Automation to Augmentation: Redefining Power Dynamics at Work IV. Concluding Remarks: Building Emancipating Work Environments 14. Discrimination by Algorithms at Work I. Introduction II. The Use of Algorithms at Work III. Potential Discriminatory Impact of Algorithmic Management of Work IV. Regulation of the Risk of Algorithmic Discrimination V. Conclusion PART IV DATA PROTECTION AND PRIVACY AT WORK 15. Regulating Worker Privacy and Data Protection: Exploring the Global Source System I. Introduction II. Global Source Development III. Global Principles on Privacy and Data Protection IV. Artificial Intelligence and Industry 4.0 V. Conclusions 16. From Monitoring of the Workplace to Surveillance of the Workforce I. Introduction II. Why Employers Use Surveillance III. Approaches to Legal Constraint of Employers" Surveillance IV. Refocusing the Legal Constraint on Surveillance V. Conclusion 17. Social Media and Freedom of Speech in Employment: Limitations on Employees' Right to Self-Expression I. Introduction II. Freedom of Speech in the Workplace III. Freedom of Speech, Workplace and Use of Social Media IV. Workers" Right to Privacy on the Internet V. Conclusions Index This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations. -- Provided by publisher