Original scientific paper

https://doi.org/10.3935/zpfz.73.23.3

Indirect Discrimination of Platform Workers

Ivana Grgurev orcid.org/0000-0001-5543-8518 ; Faculty of Law, University of Zagreb, Zagreb, Croatia
Iva Bjelinski Radić orcid.org/0000-0002-1544-3838 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

Considering the inappropriate working conditions of platform workers, especially gig workers, the question of their legal protection is at the centre of scientific interest, but also of the interest of legislators, both at the national and the EU level. Examples in case-law show that such workers need to be protected, among other things, from discrimination. A case from Italian case-law concerning indirect discrimination of platform workers served as an impetus for the authors to think about improving the anti-discrimination protection of such workers. The paper clarifies the concept of indirect discrimination and the concept of platform workers, and, through the analysis of the mentioned case from Italian case-law, indicates the necessity of improving the design of algorithms, which help employers to decide on the working conditions of (platform) workers, in order to prevent discrimination.

Keywords

indirect discrimination; platform worker; digital platform; Artificial Intelligence

Hrčak ID:

308857

URI

https://hrcak.srce.hr/308857

Publication date:

16.10.2023.

Article data in other languages: croatian

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