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Implications of CJEU jurisprudence on the delimitation of working time by rest time in the collaborative economy
[journal article]
Abstract The specificity of the collaborative economy has raised a number of issues with regard to the qualification of legal relationships between workers, final beneficiaries and the online platform that mediates the provision of work, respectively whether between the platform and the worker there is an em... view more
The specificity of the collaborative economy has raised a number of issues with regard to the qualification of legal relationships between workers, final beneficiaries and the online platform that mediates the provision of work, respectively whether between the platform and the worker there is an employment relationship or there is a commercial relationship between the platform, self-employees and consumers. In particular, the question arises whether, in the case of these workers, the working time regulations apply and, if so, how they can be applied in concrete manner. The article contains an analysis on how some principles derived from the CJEU case law can be used to determine whether and under what conditions workers in the collaborative economy can benefit from protection by limiting working time and how can work time be delimited by rest time in their case, given the specificity of their work condition, in order to ensure an effective protection.... view less
Keywords
working hours; jurisdiction; European Court of Justice; occupational safety; employment relationship; European Law; labor law; EU
Classification
Law
Free Keywords
rest time; collaborative economy; workers; employees; self-employees
Document language
English
Publication Year
2019
Page/Pages
p. 7-25
Journal
Lex et Scientia International Journal, XXVI (2019) 2
ISSN
2066-1886
Status
Published Version; peer reviewed