Att lägga sig platt - om arbetsrätten och plattformsarbete

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: This thesis concerns the platform economy and how the works generated by it is regulated in Swedish labor law. The protection the Swedish labor law gives is mainly for employees. Therefore the purpose of this thesis is to see what argues for and against that platform workers should be considered employees. The thesis also aims to determine whether there is a need for closer regulation of platform work. In order to answer what argues for and against that the platform workers are employees the thesis will examine established law. By using legal-dogmatic method for the first part of the essay I try to explain the concept of employee and apply it for the platform workers. In the second part of the essay a more solutionen oriented method is used in the form of de lege ferende perspective, since in that part I discuss the need of regulation. The thesis starts with more closely explaining the concept of platform economy and platform work. Here I also explain the pros and cons of platform work. After this I introduce the concept of employee and find that according to established law an overall assessment of the circumstances in each given case should be made. The thesis reviews circumstances that are a included in the overall assessment and how they can be relevant for the platform worker. In the second part of the essay the need of regulation of platform work is discussed and how it may look. In the essay three different suggestions is presented and also a comparison of how the labor hire has been regulated in Sweden. Finally a solution which is not based on regulation is also given for platform work performed online. The answer of the first question I posed is that it is hard to say if the plat form workers are employees, since there are differences in how the plat form work is organised. Concerning the second question it was shown in the essay that there is a need of regulation in order to secure reasonable terms for platform workers.

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