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BARANCOVÁ
Crowdworking a perpektívy digitálnej
práce v budúcnosti alebo (Crowdworking – práca budúcnosti)?
Crowdworking and
perspectives of digital work in the future or (Crowdworking – work of the future)?
Prof. JUDr. Helena Barancová,
DrSc., Faculty of Law of the Trnava University in Trnava
Právny obzor, Volume 102, 2019,
No. 4, pp. 291 – 302.
Published online: 31.8.2021
Abstract. New forms and ways of working under the influence of
progressing
digitization of work processes nowadays significantly “disrupt“ legal models of
traditional
labour law relations in which an employee is legally secured by an indefinite
and full-time
employment.
Due to the digitization process, the number of indefinite-term and full-time
employment
contracts is decreasing from year to year throughout the European Union.
The economy is based on digital platforms, which have the potential to continue
to grow,
especially in the area of services where an individual performs his/her work via
the
Internet. The platform economy creates new legal models that go beyond the
traditional
framework of bilateral employment relationships between the employee and the
employer.
There is a digital platform between the work supplier and the jobseeker which,
in some
cases, acts only as an intermediary between the work supplier and the jobseeker.
In
practice, however, are frequent also legal situations in which the digital
platform occurs in
the legal position of an employer.
A typical form of a platform economy is crowdworking as a work assigned to an
anonymous
crowd. This means a term which, from the grammar and legal points of view, has
its
terminological equivalent neither in the Slovak language nor in the Slovak legal
order.
In her paper, the author analyses whether a work in the form of crowdworking can
also be
performed within an employment relationship and under what legal conditions.
A digital platform, although being not in the position of an employer, as a
work’s
intermediary performs in the existing practice also activities that are
traditionally
attributable to the employer, especially in the pre-contractual relationships as
well as in
negotiating the rewards for the work done.
If the digital platform only serves as an intermediary, then does not have the
legal position
of an employer in relation to the work performer, and the individual performing
the work
is not in the position of an employee. If, beyond the mediation, the relevant
digital platform
checks, for example, also the performance of the work of an individual, then it
is in the
legal position of an employer.
In connection with the dynamic development of crowdworking as a typical form of
platform economy, the existing application practice creates already not only new
legal
models of work but also new types of contracts which the current labour law
legislation
defined in the Labour Code does not recognize or does not allow. The conclusions of the analysis bring creative author’s suggestions on how to
grasp legally
the new forms of work carried out through digital platforms, the development of
which has
a significant advance in relation to the current labour law regulation.
Key words: crowdworking, anonymous crowd, digital platforms, digitization
process
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
TEORETICKÝ
ČASOPIS PRE OTÁZKY ŠTÁTU A PRÁVA.
Právny obzor je
recenzovaný časopis a je indexovaný v databázach SCOPUS a HeinOnline
(INDEX TO FOREIGN LEGAL PERIODICALS)
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