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Format: 1 Online-Ressource (335 Seiten)

Edition: 1st ed

ISBN: 9789403531175

Series Statement: Bulletin of Comparative Labour Relations Series v.115

Note: Description based on publisher supplied metadata and other sources , Intro -- Half-Title Page -- Title Page -- Copyright Page -- Notes on Author -- Funder Acknowledgement -- Table of Contents -- Preface -- Acknowledgements -- Introduction -- 1 The Subject -- 2 Context and Background -- 2.1 The Overlap Between Casual Work and Platform Work -- 2.2 The Casual Work Agenda as a Way to Enhance the Labour Protection of Platform Workers -- 3 Research Question(s) -- 4 Methodology -- 4.1 The Nature of This Research and the Sources Used -- 4.2 The Normative Framework -- 4.3 Methodological Steps -- 4.4 Limitations of This Research -- 5 Societal and Academic Relevance -- Part I A Comparative Legal Analysis of Casual Work in Four Industrialized Countries -- CHAPTER 1 Defining Casual Work -- 1.1 What Is Captured Under the Label of Casual Work Arrangements? -- 1.1.1 Definitional Attempts at the European Level -- 1.1.2 Definitional Attempts at the International Level -- 1.1.3 Definitional Attempts at the Academic Level -- 1.1.4 A Broader Context and Multiple Overlapping Terms -- 1.1.5 The Working Definition Adopted in This Dissertation -- 1.2 Casual Work and Platform Work -- 1.3 A Prelude to the Comparative Legal Analysis of Casual Work -- CHAPTER 2 Zero-Hours Contracts in the United Kingdom -- 2.1 Zero-Hours Contracts in the UK in a Nutshell -- 2.2 Two Sides of the Same Coin: The Good and Dark Side of Zero-hours Contracts in the UK Context -- 2.2.1 The Good Side: The Flexible Employer and Worker -- 2.2.2 The Dark Side: The Insecure Worker -- 2.3 The Consequences of the Heterogeneity of Zero-Hours Contracts -- 2.3.1 The Lack of a Unified Employment Status for Zero-Hours Workers -- 2.3.1.1 An Introduction to the British Tri-partite Regime of Employment -- 2.3.1.2 Where do Zero-Hours Workers Belong in the British Tri-partite Regime of Employment? -- 2.3.1.3 Entitlements Associated with the Employment Status , 2.3.2 A Lack of Consistency in the Definition of Zero-Hours Work -- 2.3.3 A Variety of Working Conditions -- 2.4 Platform Work as Zero-Hours Work -- 2.4.1 An Overview of Platform Work in the UK -- 2.4.2 Platform Work Perceived as Zero-Hours Work Intermediated by Technology -- 2.5 Conclusion -- CHAPTER 3 Lavoro Intermittente in Italy -- 3.1 From Almost No Regulation to Some Regulation of Casual Work -- 3.2 Depicting the Big Picture of Lavoro Intermittente in Italy -- 3.3 The Legal Features of Lavoro Intermittente in Italy -- 3.3.1 A Legal Definition -- 3.3.2 Limitations -- 3.3.3 The Typology of Lavoro Intermittente -- 3.3.4 The Application of the Legal Rules in Practice -- 3.4 Lavoro Intermittente: Overlaps with Other Forms of Work -- 3.4.1 An Overlap with Voucher-Based Work for Occasional Working Activities -- 3.4.2 An Overlap with Platform Work -- 3.4.2.1 Platform Work in the Italian Context -- 3.4.2.2 Platform Work Perceived as Casual Work Intermediated by Technology -- 3.5 Conclusion -- CHAPTER 4 On-call Work in the Netherlands -- 4.1 The Wide Array of Non-standard Forms of Employment in the Dutch Labour Market: The Position of On-call Work -- 4.2 The Typology of On-call Work in the Netherlands -- 4.3 The Legal Framework for On-call Work in the Netherlands -- 4.4 Important Safeguards for On-call Workers -- 4.4.1 General Legal Measures -- 4.4.1.1 The Legal Presumption of an Employment Relationship -- 4.4.1.2 The Legal Presumption of Minimum Guaranteed Hours -- 4.4.1.3 Equal Labour Protection with Workers in Standard Employment Relationships -- 4.4.2 Specific Legal Measures -- 4.4.2.1 Minimum Guaranteed Income: Three Hours' Pay for Calls Lasting Less than Three Hours -- 4.4.2.2 Four Days Advance Notice and Financial Compensation for Cancelled/Changed Shifts (WAB) , 4.4.2.3 Offer for a Fixed Number of Working Hours after One Year of On-call Work (WAB) -- 4.4.2.4 The Chain Rule: A Permanent Contract for On-call Workers in Fixed-Term Contracts -- 4.5 Platform Work in the Netherlands -- 4.5.1 Platform Work in the Netherlands in a Nutshell -- 4.5.2 Exploring the Overlap Between Platform Work and On-call Work Arrangements in the Netherlands -- 4.6 COVID-19 in the Netherlands: The Inclusion of Casual and Platform Workers in the National Schemes Against the Pandemic -- 4.7 Conclusion -- CHAPTER 5 Intermittent Work in Belgium -- 5.1 The Status Quo of Non-standard Forms of Employment in Belgium -- 5.2 In Search for Casual Work Arrangements in Belgium -- 5.2.1 Intermittent Work -- 5.2.2 On-call Work Arrangements -- 5.3 A Potential Overlap with Other Flexible Work Schemes -- 5.3.1 The Flexi-Job Scheme -- 5.3.2 Voucher-Based Work -- 5.3.3 Platform-Mediated Work in the Belgian Context -- 5.3.3.1 Exploring the Overlap with Platform Work -- 5.4 The Pandemic Highlights the Precarity of Casual and Platform Workers in Belgium -- 5.5 Conclusion -- CHAPTER 6 A Comparative Legal Analysis of Casual Work in the United Kingdom, Italy, the Netherlands and Belgium -- 6.1 The Governance of Casual Work: From Loose to Tight Regulations -- 6.2 Contrasting Legal Responses to Forms of Casual Work -- 6.2.1 Legal Responses to Zero-Hours Work -- 6.2.2 Legal Responses to On-call Work -- 6.2.3 The Belgian Legal Response to Intermittent Work -- 6.3 Divergent Approaches to the Employment Status Insecurity of Casual Workers -- 6.4 Lessons Learned from this Comparative Analysis: How Do Countries Respond to the Insecurities Inherent in Casual Work -- Part II Welcome to the World of Platform Work -- CHAPTER 7 Singling Out the Idiosyncratic Features of Platform Work -- 7.1 Setting the Scene -- 7.2 A Revolution to the Future or a Return to the Past? , 7.3 Exploring the Peculiarities of Platform Work -- 7.3.1 The Algorithmic Management: A Cutting-Edge Feature of Platform Work -- 7.3.2 The Peak of Algorithmic Management: The Rating System -- 7.3.3 Peculiar Issues Underpinning the Algorithmic System -- Part III The EU Agenda on Casual Work and Platform Work: 'Connecting the Dots' Between Past, Present, and Future Legal Developments -- CHAPTER 8 The Past: The Pathway to a European Regulatory Approach to Casual Work -- 8.1 A Broad Conception of the Casual Work Agenda -- 8.2 A Casual Work Agenda in the Making: A Historical Account of Events -- CHAPTER 9 The Importance of The Working Time Directive for the Working Time Security of Casual and Platform Workers -- 9.1 Some General Considerations on the Working Time Directive -- 9.2 The 'Working Time' Concept: An Expansive Interpretation of the CJEU -- 9.3 The Contribution of the Working Time Directive Towards the Insecurities Experienced by Platform Workers -- 9.3.1 The Relevance of the CJEU Case Law on Working Time for Platform Workers -- 9.3.2 Some Final Words on the Importance of the Working Time Directive and Its Articulation with the dPWD -- CHAPTER 10 The Relevance of the Fixed-Term Work Directive for the Job Security of Casual and Platform Workers -- 10.1 Important Legal Safeguards Contained in the Part-Time Work and Fixed-term Work Directives -- 10.2 The Particular Relevance of the Fixed-Term Work Directive -- 10.2.1 Platform Workers as Fixed-Term Workers -- 10.2.2 The Anti-abuse Clause in the FTWD (Clause 5) -- 10.2.2.1 An Overview of the Protective Measures -- 10.2.2.2 The Importance of the Anti-abuse Clause for Platform Workers -- CHAPTER 11 The Present: The Transparent and Predictable Working Conditions Directive as an Endeavour to Counter the Insecure Working Conditions Experienced by Casual and Platform Workers , 11.1 'Beyond Equality': Introducing the New Regulatory Approach to Casual Work -- 11.2 The Transparent and Predictable Working Conditions Directive Did Not Come Out of the Blue: A Chronological Order of Events -- 11.2.1 The Predecessor of the TPWCD: The Written Statement Directive -- 11.2.2 The TPWCD as a Direct Follow-Up to the European Pillar of Social Rights -- 11.3 The Transparent and Predictable Working Conditions Directive -- 11.3.1 A Meaningful Progress from the Written Statement Directive -- 11.3.2 The Personal Scope of Application: The Centrality of Casual (and Platform) Workers and the Adopted 'Worker' Concept -- 11.3.3 A Set of Protections Against the Insecure Working Conditions Encountered in Casual and Platform Work -- 11.3.4 Some Final Remarks: The TPWCD as an Illustration of Regulating Platform Work in the Same Legal Framework as Casual Work -- CHAPTER 12 The Future: The Proposal for an EU Directive on Improving Working Conditions in Platform Work and the Employment Security of Platform Workers -- 12.1 The Panoply of Scant Domestic Responses to Platform Work -- 12.2 The Self-employment Tale Is Finally on Shaky Ground: Some Considerations on the Employment Status of Platform Workers -- 12.3 The Directive's Response to the Distinct Challenges Arising From Platform Work -- 12.3.1 Algorithmic Management Measures -- 12.3.2 Dealing with the Cross-Border Aspect of Platform Work: More Transparency Obligations for Platform Operators -- 12.3.3 Platform Work-Related Challenges Can Be Better Counteracted When Platform Workers Have a Collective Voice -- 12.4 The Articulation Between the Transparent and Predictable Working Conditions Directive and the Draft Platform Work Directive -- Conclusions -- Bibliography -- Table of Cases -- Table of Legislations -- Series List

Additional Edition: Erscheint auch als Druck-Ausgabe Durri, Ilda Casual Work Arrangements and Platform-Based Work Alphen aan den Rijn : Wolters Kluwer Law International,c2023 ISBN 9789403531076

Language: English