Prethodno priopćenje
https://doi.org/10.30925/zpfsr.38.2.8
NEW FORMS OF EMPLOYMENT AS CONTEMPORARY CHALLENGE FOR LABOUR LAW – THE CASE OF UBER
Iva Bjelinski Radić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Recently, under the influence of rapid development of digital technologies,
new flexible forms of employment have emerged, which are characterized by
strong or prevalent support of information and communication technology. Online
platform Uber which provides urban passenger transport services is one of the best
known examples of the abovementioned changes in work organization. Taking into
account that emergence of Uber has given rise to numerous controversies and set
new contemporary regulatory challenges in the labour law field, the author in this
paper problematizes the main labour law issues and challenges arising from Uber’s
business model.
The first part of the paper contains the short overview of the new forms of
employment emerged under the influence of digitalisation of labour market, with
the special emphasis on the model of crowd work. In the second part the author
analyses the Uber’s business model. In the third part the issue of classification of
Uber drivers as employees or self-employed persons is examined in detail. The
following question has been considered especially from the Croatian labour law
perspective – whether the key elements of an employment relationship are de
facto present, and to what extent, in the contractual relationship between Uber
and its drivers – partners. Finally, the author concludes with the final remarks and
underlines the need to establish clear and transparent legal framework which will
be suitable for development of the new forms of employment emerged under the
influence of digital technologies.
Ključne riječi
Uber; crowd work; key elements of an employment relationship; disguised employment; digitalisation
Hrčak ID:
184335
URI
Datum izdavanja:
10.7.2017.
Posjeta: 4.031 *