Humans as a Service by Jeremias Prassl

Author:Jeremias Prassl [Prassl, Jeremias]
Language: eng
Format: epub
ISBN: 9780192517395
Publisher: OUP Oxford
Published: 2018-02-26T00:00:00+00:00

A Floor of Rights

Classifying on-demand platforms as employers and gig workers as their employees will not solve all of the problems identified in previous chapters—but it’s a crucial first step towards tackling some of the most pressing problems facing gig workers, from dangerously long hours to discriminatory algorithms.32

Consider the unpredictability of work and income as an example. We saw how platforms continuously vary all elements of work and pay, from task assignment and prices to commission structures, which makes it very difficult for workers to plan ahead. Many employment law systems limit employers’ powers to vary contracts and balance managerial prerogatives against worker interests by means of ‘employment protection rules and rules regarding information, consultation and co-determination when they aim for such variation’.33 Or think back to Amazon’s practice of paying some MTurk workers in gift vouchers redeemable only on the Amazon website itself. Similar models have existed since medieval times—but so-called Truck arrangements were soon recognized as extremely abusive and declared illegal in England as early as 1464.34

From a financial perspective, the primary consequence of employee classification would be the right to minimum wages and expense reimbursement.35 Many platforms have long resisted compliance with local minimum wage legislation, arguing that even if workers were classified as employees, it would be impossible to determine how much time any one individual has actually spent on their particular service. A driver might have both Uber’s and Lyft’s apps open on different phones when looking for rides, for example, or may attempt to complete micro-tasks on her phone for Fiverr whilst waiting to pick up passengers in an airport queue.

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