Giget och anställningen - En arbetsrättslig analys av gig-ekonomin och arbetstagarbegreppet
Sammanfattning: The labour market is dynamic and constantly changing due to digitalization and new technology. In recent years, the growth and global outspread of the collaborative and gig economy has been evident and companies like Uber and Taskrunner have quickly become well known household names. This essay aims to discuss and analyse the gig economy - its tri-party structure and atypical way of organizing labour - in comparison to the more traditional labour market, its ways of conducting work along with the concept of ‘employee’. Work within the gig economy is often associated with flexibility and the opportunity to dispose of the working hours along with short, temporary, on-demand work - so called gigs. The crowdworker (gig-arbetare) is rarely employed by the platform and work is instead conducted by ‘independent contractors’ (uppdragstagare) which, according to the regulation, are not in the scope of the Swedish labour law since the law only applies to employees. The crowdwork, however, is often conducted in a very similar manner to more traditional employment situations, which has caused ambiguity. To determine whether or not an individual is to be classified as an employee or an independent contractor, the Labour Court makes an assessment of all the relevant circumstances that are of relevance to the specific case. Although, it should be noted that different laws have different concepts of ‘employee’. The 1976 Co-Determination Act, for instance, has a more extended definition, including so called dependent contractors, in comparison to 1982 Employment Protection Act. This can result in crowdworkers (classified as dependent contractors) being in the scope of the co-determination regulations. Further on, the essay will examine how the traditional concepts of employee and employer are applicable on the crowdworker and the platform companies within the gig economy. In the UK for example, Uber drivers are, according to the Employment Tribunal, classified as employees and Denmark has in 2018 conducted a collective agreement between a platform company and a trade union. Even if Sweden still hasn’t had any cases in the Labour Court regarding the gig economy, collective solutions seem possible.
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