Resources
Resources
Remote Working Legislation Around the World
Amicus curiae workshop on the EPSU case
This is a collection of papers presented at the workshop on European social justice in the Court of
Justice. [View resource]
Your Boss is an Algorithm. Artificial Intelligence, Platform Work and Labour
Authors: Aliosi, Antonio; Stefano, De Valerio
Date of Publication: 14 July 2022
Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book
demonstrates that digital tools are more likely to replace managerial roles and intensify
organisational processes in workplaces, rather than opening the way for mass job displacement..
Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils. [View resource]
Collective Bargaining and the Gig Economy: A Traditional Tool for New Business Models
Authors: José María Miranda Boto and Elisabeth Brameshuber (eds)
Publisher and Date of Publication: Hart Publishing 2022
This open access book investigates the role of collective bargaining in the gig economy. As with the
labour movement historically, the big question is whether individual rights for workers in the digital
economy can ever become secure and meaningful in the absence of collective rights. And, as with
the labour movement historically, the role of workers on the ground in defining their own forms of
organisation and bargaining units. Despite its European focus, this book offers a basis for addressing
these questions in a way that SA policymakers could be persuaded by and part of. [View resource]
Platform labour in search of value: A study of workers’ organising practices andbusiness models in the digital economy
Date of Publication: 30 June 2021
This research documents organizing strategies and alternative business models currently being
deployed by platform workers across the world to reclaim their civil-political and economic rights in
the platform economy. It focuses on the domains of on-demand work, such as platform-mediated
matching of work performed within a specific geography; crowdwork, such as platform-mediated
matching of work performed remotely across geographically dispersed locations; and e-commerce,
such as digital trade in goods and services. [View resource]
A Research Agenda for the Gig-Economy and Society
Title of video: Workers’ Rights in the Digital Age [View Video]
Adapting to the “new normal” for unions – New Digital Lab report
Date of Publication: 2021
Working with union leaders from across the New Digital Lab movement, they have mapped out 27
common challenges faced by unions after a year of adapting to Covid-19. Some of these challenges
have been caused by the response to the pandemic. Some are wider issues that the pandemic has
exacerbated. But all of them are likely to stay with us for the long term. [View resource]
The World of work re-imagined
Authors: Imraan Mahomed, Kelebogile Selema
Date of Publication: 2021
When the world of work, like every other facet of our lives, has to be reimagined because of a
relentless pandemic that continues to ravage our everyday lives, the words “show you the world,
shining, shimmering, splendid” do not ring true. [View resource]
Report: Subcontracting out: Case-studies in different-sectors
Date of Publication: 2021
The investigation and assessment of European subcontracting chains carried out in six sectors for
ETUC. [View resource]
Subcontracting and social liability – Report & policy recommendations
Authors: Cremers J. and Houwerzijl M.
Date of Publication: 2021
This report fits in an ETUC-project on ‘Securing Workers Rights in subcontracting chains’ as a second
stage of research and analysis. The objective of the project is to build a case for a consistent EU
approach towards subcontracting and to help create better tools and conditions (a more adequate
legal framework) for workers’ representatives to know about their rights and to be informed and
consulted about the practices of their company along its subcontracting chain. [View resource]
International Domestic Workers Day, 16 June 2021
Date of Publication: 16 June 2021
This is a brief pamphlet to celebrate International Domestic Workers Day. [View resource]
Work 2035 – How people and technology will pioneer new ways of working
Date of Publication: 25 May 2021
Nowhere is our future more in flux than the future of work. The COVID-19 pandemic has forced
many organisations to revolutionise their ways of working almost overnight and brought the future
of work to the present. Remote work has become the “new normal,” and companies are making it
part of their long-term strategies to ensure business continuity. Work will never be the same again.
Yet it remains central to what it means to be human. Work gives us meaning and for centuries
labour, driven by both humans and technology, has enabled remarkable advances in human life
expectancy, prosperity and achievement. How will this relationship between the workforce, work
models and work environment evolve? And how can we as business leaders, policymakers and
individuals see further into the forces that will shape our future and bring about the future we want?
We asked some of the world’s most respected academics, business leaders and employees across
the US and Europe to join us in imagining what the future of work might look like in 2035, the
opportunities and threats it might hold, and how people and technology may work together to
generate value. This exercise raised the fundamental questions that must be faced by every business
and government organisation in their long-term strategic planning. How will workers be organised to
deliver value? How will people partner with technology and will we see the emergence of human-
machine teaming? What new opportunities will workers be afforded and what novel pitfalls will they
face? How might governments and supranational entities respond with regulation to support
workers and ensure competition in the new world of work? [View resource]
UBER drivers in South Africa : Employees or independent contractors?
Author: Kirsten Eiser, Siya Ngcamu, Shane Johnson and Keah Challenor.
Date of Publication: 2 March 2021
Uber drivers are currently classified as independent contractors in South Africa, but there are plans
to launch a class action to compel Uber SA to confer several key rights on its drivers, which, if
successful, will affect the rights of platform workers. The outcome of the potential class action will
significantly influence not only the rights of Uber drivers, but also the rights of other individuals
undertaking platform work. This is an area which the authors hope to continue to monitor and to
provide updates as soon as new developments arise. [View resource]
Taken for a ride: Litigating the digital platform model
Date of Publication: 2021
The ILAW Network is pleased to present the first in its series of special publications. This report,
Taken for a Ride: Litigating the Digital Platform Model, attempts to respond to requests from ILAW
Network members and others for comparative analysis on the litigation taking place around the
world against digital platforms such as Uber, Foodora, Deliveroo and many others. This report is
divided into two parts. Part I is an essay prepared by Jason Moyer-Lee1 and Nicola Contouris2 which
surveys the major cases which have been brought by workers against digital platforms concerning
the existence of an employment relation-ship – whether to contest unjust dismissal, to claim a
certain wage or benefit or to be able to join a union and benefit from a collective agreement. Part II
of this report is a digest of key judicial decisions concerning digital platforms, including case
summaries from every region and related news and analysis. [View resource]
Can Cooperatives Build Worker Power? Give platform co-ops a seat at the policytable
Author: Trebor Scholz, Dough O’Brien and Jason Spicer.
Date of Publication: 11 March 2021
ILO – Platform work and the employment relationship
Authors: Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis and Mathias Wouters.
Date of Publication: 2021
This working paper analyses national and supranational case law and legislation about the
employment status of platform workers. It does so by referring to the ILO Employment Relationship
Recommendation, 2006 (No. 198). It finds that this Recommendation provides for a valuable
compass to navigate the issues that emerge from the analysis of the existing case law and legislation
about platform work. [View resource]
UK – Status of Workers Bill
Author: Institute of Employment Rights
Date of Publication: 2021
Lord Hendy QC, who introduced the Bill, described its purpose as follows: “The bill is intended to deal with the problem posed by the current state of labour law which permits employers to classify workers into legal categories, many of which do not have the statutory employment rights which Parliament has stipulated employees should have. There are five such legal categories: ‘employees’ with full rights; ‘limb (b) workers’ with limited rights; ‘bogus self-employed workers’ with no rights; workers with ‘personal service companies’ with full rights but enforceable only against themselves; and, finally, the genuinely ‘self-employed’ in business on [their] own account with [their] own clients. The bill resolves this complex picture by designating all the first four categories as ‘workers’ with all statutory employment rights (subject to length of service qualifications). Only the fifth category will be unaffected. [View Resource]
Spanish riders law and the right to be informed about the algorithm
Author: Adrian Todoli-Signes
Date of Publication: 2021
The Spanish Government has introduced a regulation which establishes: i) the presumption of employment in digital delivery platforms, and ii) the right of workers’ representatives to be informed about the parameters, rules and instructions on which the algorithms that may have an impact on working conditions are based. This article describes the new law and analyses the novelty of this regulation and its expected impact. [View Resource]
International Labour Review: Centenary Issue No. 1: Informality
Guest Editor: Ravi Kanbur
Date of Publication: ILO, 27 July 2021
A Centenary Issue on Informality to mark the 100th anniversary of the International Labour Review
(ILR). The issue comprises ten articles published in the ILR between 1975 and 2016 that are devoted
exclusively to the analysis of informality. [View Resource]
The gig economy and covid-19: Looking ahead
Authors: Funda Ustek-Spilda, Richard Heeks, Mark Graham, Alessio Bertolini, NancySalem, Srujana
Katta, Sandy Fredman, Kelle Howson, Fabian Ferrari, Mounika Neerukonda, Pradyumna Taduri,
Adam Badger and Pablo Aguera Reneses.
Date of Publication: 2020
The report examines the impact of Covid-19 on gig workers. It’s key findings reflect the following:
Fair Pay: While it remains the most important for workers, we found little evidence of platforms
offering compensation for loss of income. Direct policies to increase pay were mostly advertised by
large multinational platforms, like Uber, but were often only available to a fraction of their
workforce. When government funding became available to gig workers in some countries, platforms
transferred the responsibility over to the governments. Fair conditions 1 (Prevention): More
platforms offered hygiene guidance and protective equipment to workers, especially since many of
these measures became compulsory by governments. ‘Contact-free services’ were also common but
more often oriented towards clients than workers. Fair Conditions 2 (Illness): Just over half of the
platforms surveyed were offering some form of sick pay policy. However, these often consisted of
flat-rate payments that in practice fall below the local minimum wage. Access to the schemes also
remains a contested issue. Where government financial relief was extended to gig workers,
platforms again shifted the responsibility to the state instead of offering extra relief measures. Fair
contracts: The normalisation of platforms offering (some form) of assistance to their workers during
the COVID-19 crisis suggests that the meaning of ‘independent contractor’ has begun to change. [View resource]
Contradictory decisions on the employment status of platform workers in Spain.
Author: Alberto Barrio
Date of Publication: 2020
A brief essay describing a significant development in national labor law: legislative, judicial,
administrative. The importance of the development in domestic context should be explained; the
reasons for transnational interest might be suggested. [View resource]
Domestic Workers’ Union takes struggle for injury and death compensation toConCourt
Author: Gasa S.
Date of Publication: 2020
South African domestic workers have long been deprived of recognition as employees. The South
African Domestic Service and Allied Workers Union and other activist organisations asked the
Constitutional Court to confirm a High Court ruling, which affirmed domestic workers’ rights. Eight
years after one of their own died at an employer’s home, the ConCourt hearing symbolised the
beginning of closure for the deceased’s daughter. [View resource]
Uber stops upfront ride pricing in response to California worker law
Author: Bellon T
Date of Publication: 2020
Uber Technologies Inc. on Wednesday informed its California customers that it would switch to
providing estimates as opposed to fixed prices for its rides in response to a new law that makes it
harder to qualify its drivers as contractors. [View resource]
‘Don’t GIG up!’ Report
Authors: Thomas Haipeter, Dominick Owczareck, Michele Faioli and Feliciano Ludicone.
Date of Publication: 2020
This report was produced as part of the ‘Don’t GIG up!’ project, co- funded by the Directorate-
General for Employment, Social Affairs and Inclusion of the European Commission, and aimed at
improving expertise and knowledge on the role unions and social dialogue can play with regard to
the protection of gig workers. Running for 24 months (February 2018 – January 2020), the project
brings together unions and research centres to analyse features and challenges of the gig economy
in a set of selected countries, namely Germany, France, Italy, Poland, Spain, and Sweden. More
precisely, the scope of the project is work carried out through labour platforms. At the onset of the
research, such platforms were divided into four groups according to their core activities, as per the
table below. [View resource]
South Africa is caught in the global hype of the fourth industrial revolution
Author: Gilwad A.
Date of Publication: 2019
The author argues that uncritically embracing the World Economic Forum’s concept of 4IR
technologies having the potential to propel digitally-ready countries into a new age of economic
prosperity is distracting South Africa from the unfinished business of redressing inequality and
creating the preconditions for an inclusive digital economy. [View resource]
California is Poised to Expand Labour Protections for Workers
Author: Fisk C.
Date of Publication: 2019.
California, many other states, and the United States government, have laws imposing minimum
standards of employment (such as wages and hours), limited financial benefits for workers who
become unemployed or are injured in the course of employment, and benefits for employees after
retirement age or who become unable to work because of disability. Most of these laws define the
scope of their coverage by saying they apply to “employees.” Companies figured out that if they
reclassified their workforce as “independent contractors” they could avoid the considerable wage,
payroll tax, and other costs of complying with law. [View resource]
The Impact of the Digital Transformation on EU Labour Markets
Date of Publication: 2019
On 8 April 2019 the High-Level Expert Group on the Impact of the Digital Transformation on EU
Labour Markets, comprising representatives from academia, civil society and industry, issued its final
report with recommendations including policy actions for the EU, Member States, businesses and
other stakeholders to shape the digital transformation of the world of work. These include proposals
for the development of a skilled workforce, new labour relations and a new social contract. [View resource]
Futures of work in South Africa
Authors: Roux A., Vilojen D., and Samson D.
Date of Publication: 2019
This report focuses on a sectoral analysis, the potential impact of skills development and emerging
trends in South Africa. Among its findings are that 4IR is a given; production could happen without
people through the substitutability of smart robots and artificial intelligence for human beings;
economic growth is not the panacea for job creation; and full-time employment may give way to less
formal, gig-economy arrangements. It also concludes that, if the country continues on its current
path, the economy and people may suffer greatly. [View resource]
National Social Economy: Draft Green Paper
Date of Publication: 25 February 2019
The South African government recognises that the social economy has the potential to stimulate
economic activity while fostering greater social cohesion, inclusion and solidarity. A case may be
made for an appropriate set of policy support. The Draft Green Paper is a consultation document
that sets out preliminary thinking and proposals of a policy position, with specific recommendations,
for consultation with a range of interested parties. After the initial consultation, it will be considered
within Government and. if approved, released as a Green Paper. Formal consultation will then be
conducted and, on conclusion of the process, Government will consider the matter further and any
approved policy will be published in the form of a White Paper, either for consultation or for
implementation. [View resource]
The App as a Boss? Control and Autonomy in Application-Based Management
Authors: Ivanova M., Bronowicka J., Kocher E., et al.
Date of Publication: 2019
California Wanted to Protect Uber Drivers. Now It May Hurt Freelancers.
Authors: Bowles N and Scheiber N.
Date of Publication: 2019
A state law meant to protect workers at companies like Uber and Lyft takes effect on Wednesday.
Some say it will limit their prospects. [View resource]
California’s Contractor Law Stirs Confusion beyond the Gig Economy
Authors: Conger K and Scheiber N.
Date of Publication: 2019
After months of bickering over who would be covered by a landmark bill meant to protect workers,
California legislators passed legislation that could help hundreds of thousands of independent
contractors become employees and earn a minimum wage, overtime pay and other benefits. [View resource]
Candidates Grow Bolder on Labor, and Not Just Bernie Sanders.
Authors: Scheiber N.
Date of Publication: 2019
Senator Bernie Sanders and others seeking the Democratic presidential nomination are embracing
labor proposals that go far beyond what the party establishment backed four years ago. [View resource]
Karshan (Midlands) Trading as Dominos Pizza v Revenue Commissioners [2019] IEHC894 (20 December 2019)
Court: Ireland High Court
Date: 20 December 2019
In this judgment, the High Court in Ireland has ruled that delivery drivers for a Domino’s Pizza
franchise should be treated as holding contracts of service rather than as self-employed contractors
for employment tax purposes. It is the most recent judgment of the Irish High Court relating to
employment status in the so-called ‘gig economy’. [View resource]
National Land Transport Amendment Bill
Date: 2019
The Bill contains provisions to regulate the licensing of “electronic hailing services” (clauses 1(c), 40
and 41). After being passed by the National Council of Provinces on 28 March 2019, it was returned
to the National Assembly where it lapsed and was revived on 29 October 2019. It is still under
consideration by the National Assembly. [View resource]
Organizing on-demand: Representation, voice, and collective bargaining in the gigeconomy
Authors: Hannah Johnston and Chris Land-Kazlauskas
‘Gig’ or platform-based work represents one of the most recent, highly-publicized labour market
trends. Attributed to the increased demand for flexibility on the part of employers, better labour
market efficiency and, in some cases the desire for greater flexibility on the part of workers, gig and
platform-based work is one type of non-standard work facilitated through technology and digital
markets, on-demand. [View resource]
Advancing Social Justice: Shaping the future of work in Africa
Date of Publication: 2019
The Report sets out perspectives for a future of work with social justice in the region. It takes into
account the messages of the African future of work dialogues and the regional contributions to the
Centenary Session of the Conference as well as the decent work contribution in support of
continental objectives including that of structural transformation that yields a better and brighter
future for all Africans. The Report also contains a review of key regional trends and an assessment of
the implementation of the Addis Ababa Declaration (AAD) adopted at the 13th ARM. [View resource]
Effects of Artificial Intelligence on Labour Law and Labour Market: Can AI be a Boss?
Author: Gábor Mélypataki
Date of Publication: 2019
Artificial Intelligence (AI) has transformed has transformed social realities. Much of its effects is not yet clear. The author argues that post-apocalyptic visions are unlikely to be realised and that there is no need fear the revolution of machines. However, this does not mean that using AI will not have negative effects or dangers. The traditional employment relationship is likely to remain but in a changed form, with AI partially or completely replacing the function of the employer or the employee. The article analyses questions arising from both situations; for example, whether the employer’s decision-making power can be delegated to AI and the legal consequences of AI’s mistakes. [View Resource]
The global governance of cyberspace: reimagining private actors’ accountability: Introduction
Authors: Erina Kikarea and Mayaan Menashe
Date of Publication: 2019
The advent of the digital revolution brought about a wave of optimism and raised the hopes of societies for better governance and more freedoms, hopes that today seem dashed, at least partly. There is a widespread belief that new and emerging information and communication technologies (ICTs) pose threats to the rights of individuals and groups, and give rise to complex global governance questions. A growing amount of literature shows how they present challenges for data privacy, discrimination, and inequality, as well as for economic relationships, human rights and freedoms more generally. This introductory article seeks to set the background and context of the new and emerging technologies, particularly cyber- space, Big Data, AI and global governance. [View Resource]
The Road to Digital Unfreedom: The Threat of Postmodern Totalitarianism
Author: Larry Diamond
Date of Publication: 2019
Once hailed as a great force for human empowerment and liberation, social media and related digital tools have rapidly come to be regarded as a major threat to democratic stability and human freedom. Based on a deeply problematic business model, social-media platforms are showing the potential to exacerbate hazards that range from authoritarian privacy violations to partisan echo chambers to the spread of malign disinformation. Authoritarian forces are also profiting from a series of other advances in digital technology, notably including the revolution in artificial intelligence (AI). These developments have the potential to fuel a “postmodern totalitarianism” vividly illustrated by China’s rapidly expanding projects of digital surveillance and social control. They also pose a series of challenges for contemporary democracies. [View Resource]
Cooperative Enterprise as an Antimonopoly Strategy
Authors: Sandeep Vaheesan and Nathan Schneider
Date of Publication: 2019
After decades of neglect, antitrust is once again a topic of debate. Proponents of reviving antitrust have called for abandoning the narrow consumer welfare model and embracing broader objectives. One essential is the ownership structure of the firm itself. The dominant model of investor-owned business exacerbates the effects of market power. In contrast, cooperative ownership models can mitigate the effects of monopoly and oligopoly and advance the interests of consumers, workers, small business owners, and citizens. The promotion of competition among large firms should be paired with support for democratic cooperation within firms.
Solving the ‘Gig-saw’? Collective Rights and Platform Work
Authors: Michael Doherty and Valentina Franca
Date of Publication: 25 December 2019
There are few topics in contemporary labour law scholarship that have generated more literature than work in the so-called ‘platform economy’. To date, much work has focussed on the question of defining the personal scope of the employment relationship and on the problems of using existing classifications of employment status in the context of work organised via platforms. This article seeks to address the much less-discussed issue of how collective bargaining may function in the ‘platform economy’, and the role of collective labour law actors, most notably the social partners. The article argues that, rather than focussing on individual employment status and litigation, it is by developing a regulatory framework supportive of, and that involves key stakeholders in, strong sectoral collective bargaining that work in the ‘platform economy’ can be adequately regulated to the benefit of workers, business and the State. [View Resource]
Employee Data Protection in the Transnational Company
Author: Achim Seifert
Date of Publication: 2018
The chapter focuses on EU law relating to the cross-border processing of employee personal data
within transnational companies or groups of companies. Regulation (EU) 679/2016 of April 2016
(General Data Protection Regulation [GDPR]) only provides a general framework for cross-border
data transfers. The chapter argues that the provisions of the GDPR are not sufficiently adapted to
the employment context and need to be supplemented by more specific rules on employee data
protection. [View resource]
The Future of Work: 2018 Whitaker Lecture
Author: Carney M.
Date of Publication: 2018
Speech given by Mark Carney, Governor of the Bank of England [View resource]
Codetermination 2035 – Four Scenarios: Focus on Digitalisation
Author: Meinert M.
Date of Publication: 2018
The ‘four scenarios’ describe different, but equally plausible ‘futures’ of digitalisation in the wortd of
work. They bring to light various opportunities and challenges that in future could play more or less
important roles for codetermination actors. They offer a frame of reference for assessing current
developments and existing strategies for action and for opening up more creative scope for
successful codetermination. [View resource]
A Review of the Impact of the Fourth Industrial Revolution on Employment
Date of Publication: 2018
Presentation from Parliament’s Research Unit on the envisaged effects of the Fourth Industrial
Revolution on the labour market. Addressing how other countries are preparing for 4IR, concern for
how labour matters will be navigated in South Africa and the role of Parliament in bringing about
legislation for market regulation and protection of workers, as well as introducing new forms of
social dialogue to cater for new ways of working. [View resource]
Debate on labour broker, client responsibility heats up
Author: Smith C
Date of Publication: 2018
The article reflects an employer’s perspective on protections against exploitation of vulnerable
workers provided for in amendments to employment legislation. [View resource]
Universities ‘key to bridging global digital divide’
Author: Sharma Y.
Date of Publication: 2018.
Universities will be key in bridging new emerging ‘digital divides’ within countries and globally in the
era of innovation driven by artificial intelligence and other new technologies, a conference organised
by the Association of Pacific Rim Universities (APRU) heard. [View resource]
Work 4.0 and the future of labour law
Author: De Vos M.
Date of Publication: 2018
The paper explores possible avenues for a transformation of labour law corresponding to the
substantial transformation referred to as ‘Work 4.0’. It begins by identifying the underlying
transformational trends (Section 1-2) to argue five core priorities for the future of labour law:
activation 2.0, transversal career management, sustained labour quality focus, continuous and
integrated talent development, and active support of economic participation (Section 3). Adopting a
long term view, it describes the potential dismantling of the employment contract to develop a
future of labour law as a ‘law on persons’ beyond employment status, with a corresponding need to
reconfigure collective consultation and bargaining (Section 4). It concludes by stressing that the
future of labour law is a choice (Section 5). [View resource]
Artificial Intelligence and the Future of the African continent
Author: Ballim F. and Breckenridge K.
Date of Publication: 2018
The importance of collections running into hundreds of millions of carefully assembled examples for
training machine learning algorithms raises the obvious question of whether the relative absence of
data places the African continent beyond the operations of artificial intelligence. [View resource]
Cooperative nuts and bolts: minimum profit plow-back rules
Date of Publication: 2018
This is a first in what the author hopes will be a series of practical articles about the nut and bolts of
setting up a worker cooperative. In this first article, the author is going to take a look at an important
but poorly-understood subject: minimum profit plow-back rules. [View resource]
The Future of Manufacturing Employment
Author: Lawrence R.
Date of Publication: 2018
The report summarises presentations by Prof Lawrence on the evolution of manufacturing activities
globally, the extent to which digitisation and robotisation are undermining the prospects of
employment growth in this sector, and what South Africa could and should do to expand
manufacturing employment. [View resource]
The Global Deal for Decent Work and Inclusive Growth Flagship Report 2018
This first Flagship Report contributes to the ‘Global Deal for Decent Work and Inclusive Growth’; an
initiative launched in 2016 by Swedish Prime Minister Stefan Löfven as a concrete input to the UN
2030 Agenda for Sustainable Development. The objective consists in developing and harnessing the
potential of social dialogue and sound industrial relations as instruments for promoting decent work
and job quality in line with Sustainable Development Goal 8 on Decent Work and Economic Growth,
and thereby fostering greater equality and more Inclusive Growth in line with Sustainable
Development Goal 10 on Reduced Inequalities. [View resource]
The threat of physical and psychosocial violence and harassment in digitalizedwork
Author: Phoebe V Moore
Date of Publication: 2018
Digitalization has begun to impact work on the streets, at home, in factories and warehouses, and in
offices. The logic of algorithmic work acquisition and governance focuses on efficiency and profit
making. However, it also potentially penalizes women, youth, migrant workers and disabled workers,
leading to the ‘unequal life chances’ which Galtung refers to as structural violence (1969, p. 171, also
developed in Akhtar and Moore, 2016) and a significant rise in the risks of psychosocial and physical
violence and harassment in the digitalized world of work. [View resource]
Innovative approaches for ensuring universal social protection for the future of work
Authors: Christina Beherndt and Quynh Anh Nguyen
Date of Publication: 2018
Social protection systems around the world face challenges to provide full and effective coverage for
workers in all forms of employment, including those in ‘new’ forms of employment. While some
emerging work and employment arrangements may provide greater flexibility for workers and
employers, they may lead to significant gaps in social protection coverage, at a time when demands
on social protection systems are increasing. [View resource]
Emerging technologies and the future of work in India
Date of Publication: 2018
Anxiety about the impact of technology on the world of work is not new. Since the beginning of the
Industrial Revolution in the 18th century, the question of how technology shapes work and labour
and, in turn, how society should shape technology through technological choices and policies, has
fuelled intense public debate. In England, textile workers known as Luddites destroyed and smashed
automated looms, concerned that they would lose their jobs. While jobs in mass manufacturing and
new industries, such as coal, iron and steel were subsequently created, the Luddites did lose work. [View resource]
Care work and care jobs for the future of decent work
Date of Publication: 2018
Care work, both paid and unpaid, is crucial to the future of decent work. Growing populations,
ageing societies, changing families, women’s secondary status in labour markets and shortcomings in
social policies demand urgent action on the organization of care work from governments,
employers, trade unions and individual citizens. If not adequately addressed, current deficits in care
service provision and its quality will create a severe and unsustainable global care crisis and increase
gender inequalities at work. [View resource]
The future of work: A literature review
Authors: Thereza Ballister and Adam Elsheikhi
Date of Publication: 2018
An enormous amount of literature has emerged over the last few years in the context of the ‘Future
of Work’. Academics, think tanks and policy makers have fuelled rich discussions about how the
future of work might look like and how we can shape it. Indeed, labour markets in developing and
developed countries are likely to undergo major transformations in the next years and decades.
However, despite a growing body of research in this area, there exists no universally accepted
definition of what exactly the ‘Future of Work’ encompasses and what the most relevant drivers are. [View resource]
Big Data and Discrimination
Authors: Tallia B. Gillis and Jann Spiess
Date of Publication: 19 July 2018
For many financial products, companies distinguish between people based on their different risks and returns. However, distinctions of this nature are constrained by legal rules that prohibit certain types of discrimination. This rise of artificial intelligence and “big data” raises the question where and how existing law can be applied to this novel setting. The paper argues that legal doctrine is ill-prepared to face the challenges posed by algorithmic decision-making and proposes a framework for regulators to test decision rules in a way that provides meaningful comparisons between lenders. [View Resource]
Access to social security for digital platform workers in Germany and in Russia: a comparative study
Author: Olga Chesalina
Date of Publication: 2018
A common feature of platform work in Germany and Russia is that in both countries the new forms of employment can usually only be classified as self-employed work in the form of ‘solo self-employment’, despite the fact that platforms use direct and indirect control mechanisms indicating a personal or at least an economic dependency of the digital workers on the platforms. The difference is that, in Germany, as the main rule, self-employed persons are not obligatorily insured in the state pension insurance scheme, whereas in Russia, unlike Germany, the state pension insurance scheme is mandatory for all self-employed persons. Considering the different legal frameworks in Germany and in Russia, the article analyses various reform proposals aiming at tackling the above-mentioned challenges for the social security systems, and looks for adequate responses to ensure access to social security for digital platform workers. [View Resource]
Justice on our fields: Can ‘alt-labor’ organizations improve migrant farm workers’ conditions?
Author: Manoj Dias-Abey
Date of Publication: 2018
This article examines how non-traditional labor organisations, also known as ‘alt labor,’ can improve the working conditions of migrant farm workers in the United States and Canada. [View Resource]
Looking to the Other Side of the Bench: The New Legal Status of Independent Contractors under the Italian Legal System
Authors: Elena Gramano and Maurizio Del Conte
Date of Publication: 2018
Self-employment has always been looked at with high suspicion by both lawmakers and legal scholars, under the undeclared assumption that long-lasting relationships where an independent contractor directly provides for an activity in favor of someone else often hides a substantial subordinate employment relationship, voluntarily obscured by the “strong” party, namely the employer, in order to avoid costs and legal responsibilities. This article discusses a law in Italy protecting self-employed workers. [View Resource]
The Future of Women’s Work in Africa
Author: Kanengoni A.
Date of Publication: 2018
This Issue of BUWA! offers feminist critiques of the current discourses framing the future of work in Africa. [View Resource]
“Negotiating the algorithm”: Automation, artificial intelligence and labour protection
Author: Valerio De Stefano
Publisher and Date of Publication: ILO Employment Policy Department EMPLOYMENT Working Paper
No. 246, 2018
An insightful working paper on the introduction of new technologies in the world of work and issues
related to the quality of jobs in future labour markets, as well as the potential detrimental impact on
workers of awarding legal capacity and rights and obligation to robots; and the implications of the
use of big data and artificial intelligence to manage the workforce. The paper highlights the
important role of collective regulation and social partners in governing automation and the impact
of technology at the workplace and the need for a ‘human-in-command’ approach. [View Resource]
Crowdwork – a comparative law perspective
Authors: Bernd Waas, Wilma B. Liebman, Andrew lyubarsky and Katsutoshi Kezuka
Date of Publication: 2017
Just a few years ago, crowdwork was virtually unheard of. That has changed. As if a synonym for the
transformation of work in the digital age, crowdwork is a crucial element of today’s platform
economy in which firms such as Uber, Alibaba, Facebook, Google and Airbnb operate. Crowdworkers
work under very different arrangements, and each case presents a slightly different employment
picture, some crowdworkers perhaps amounting to employees, others more like selfemployed
contractors (and others somewhere in between). But because few crowdworkers currently enjoy
social protections, this study also offers a broad variety of legislative options that could work to
address such shortcomings within several legal systems. [View resource]
The Social Protection of Workers in the Platform Economy
Authors: Forde C., Stuart M., Joyce S. et al.
Date of Publication: 2017
This study investigates the social protection of workers in the platform economy at the request of
the European Parliament’s Employment and Social Affairs Committee. The report reviews literature
and previous research on the platform economy with the aims of defining it and developing a
typology for understanding its nature. It discusses the growth and drivers of the platform economy,
as well as benefits and challenges for workers, reporting findings from 50 interviews conducted with
expert stakeholders in eight European countries and from an original survey of 1,200 platform
workers. It dissects the different normative layers that need to be considered when looking at the
challenges of social protection of platform workers from a legal perspective. Finally, the report
draws conclusions and makes recommendations concerning arrangements for the provision of social
protection for workers in this growing sector of the economy. [View resource]
Working anytime, anywhere: The effects on the world of work
This report considers the impact of telework/ICT-mobile work (T/ICTM) on the world of work.
T/ICTM can be defined as the use of ICT – such as smartphones, tablets, laptops and desktop
computers – for the purposes of work outside the employer’s premises. The report synthesises
research carried out by Eurofound’s network of European correspondents in 10 EU Member States –
Belgium, Finland, France, Germany, Hungary, Italy, the Netherlands, Spain, Sweden and the UK – and
by ILO country experts in Argentina, Brazil, India, Japan and the US. [View resource]
World Social Protection Report 2017-19
This ILO flagship report provides a global overview of recent trends in social protection systems,
including social protection floors. Based on new data, it offers a broad range of global, regional and
country data on social protection coverage, benefits and public expenditures on social protection.
The report follows a life-cycle approach, starting with social protection for children, followed by
schemes for women and men in working age, including protection in case of maternity,
unemployment, employment injury and disability, and those for older persons, including pensions. It
also assesses progress towards universal coverage in health. It calls for greater attention towards the
extension of coverage, adequate financing and strengthening national social protection systems,
with a particular focus on achieving the SDGs. [View resource]
Rediscovering Worker Cooperatives in a Changing World of Work
Authors: Esim S. and Katajamaki W.
Date of Publication: 2017
Worker cooperatives are emerging as an organizational model responding to the changes within the
world of work. They have a specific democratic governance structure of member-worker-owners,
where decisions are made by those directly involved in the enterprise. Any type of business can be
worker-owned and controlled as a cooperative, and worker cooperatives can provide ways for
organizing new forms of work with less dependence on the employer and increased flexibility and
collaboration among workers. This work looks into the different ways in which worker cooperatives
are being used as a response strategy, including through union engagement, worker buyouts,
cooperatives of freelancers, as well as cooperatives using online platforms. [View resource]
The Future of Work in South Africa: Conversation 1: Work and Society
Authors: Benya A., Tame B., Chinguno C., et al.
Date of Publication: 2017
This paper elaborates on changes taking place in the world of work and their implications for the
relationship between work and society. It draws on extended definitions of what constitutes work
and who is a worker, thus illuminating new actors and incorporating activities that are usually
excluded from traditional definitions of ‘employment’. It also considers how changes in the world of
work will affect society and be affected by: technological changes; spatial shifts and flexibility; youth
employment and skills gaps; rural-urban connections; formal and informal linkages; and internal and
regional migratory connections. [View resource]
The Future of Work in South Africa: Conversation IV: The Governance of Work
Authors: Prof. Collier, D. with Fergus, F.
Date of Publication: 2017
The paper considers the likely impact of the emerging forces in the world of work and a future
governance landscape that will promote social justice, economic development and decent work for
all. It begins by outlining the importance and characteristics of accountable and responsive
governance; followed by a consideration of the challenges we are likely to confront in South Africa.
Thereafter it discusses some of the institutions of public and private governance in South Africa and
suggests ways in which their efficiency and effectiveness may be improved to meet the demands of
the future and ensure that governance institutions and labour market policies are ‘fit for purpose’. [View resource]
The Future of Work in South Africa: Conversation II: Decent Jobs for All
Authors: Roger Ronnie, Fairuz Mullagee, Yvette Basson.
Date of Publication: 2017
This paper examines the ILO goal of full employment and decent work, and whether under current
global, regional national circumstances such a goal is achievable in the next 20 years. The concepts
of work, employment and unemployment are also unpacked. The paper further examines threats
and opportunities in pursuing the goal of full employment and decent work in South Africa, within a
context of slow growth, rapid technological advance and the changing nature of work. [View resource]
The Future of Work in South Africa: Conversation III: The Organisation Of Workand Production
Authors: Du Toit, D., Lorgat, A. and Godfrey, S.
Date of Publication: 2017
The paper starts with an overview of the context of global economic and technological change,
which is likely to influence the organisation of work and production over the next two decades. It
then looks at greening of the economy as a generic driver of change and the need for flexible skills
development as well as changes in business models. Special attention is given to self-employment as
a means of delivering goods and services. Potential changes in the model of legal regulation under
the cumulative impact of these changes are considered, followed by changes in the model of social
protection to the extent that it impacts on the workplace. Finally, it is attempted to summarise the
main trends that have emerged and possible features of the workplace of the future. [View resource]
Dependent self-employment: Trends, challenges and policy responses in the EU
Authors: Colin C Williams Frederic Lapeyre
Date of Publication: 2017
Over the past few decades, there has been recognition that the ‘standard employment relationship’
(SER) of formal, full-time and permanent waged employment is becoming ever less the standard
relationship. Given that the SER has been the key vehicle for allocating rights and social protection,
its diminution poses challenges for the operation of regulatory frameworks and raises issues
regarding working conditions, rights and benefits. [View resource]
The ‘gig economy’: Employee, self-employed or the need for a special employment regulation?
Author: Adrian Todoli Signes
Date of Publication: 2017
The Digital era has changed industrial relationships dramatically and this has caused a considerable degree of legal uncertainty about which rules apply to cyberspace. Technology is transforming business organisation in a way that makes employees – as subordinate work – less necessary. [View Resource]
Entrepreneurial intelligence: Expanding Schwab’s four-type intelligenceproposition to meaningfully address the challenges of the Fourth Industrial Revolution
Authors: Oosthuizen J.H
Date of Publication: 2016
The paper argues that humanity finds itself at the dawn of the Fourth Industrial Revolution (4IR). The
introduction of new business models, the disruption of incumbents and the reshaping of production,
consumption, transportation and delivery systems are evidence of profound changes taking place
across industries. The velocity, breadth, depth, and impact of the changes are unlike those
previously experienced. From the premise of these challenges and opportunities Schwab (2016)
propagated a 4-type intelligence proposition (contextual-, emotional-, inspired-, and physical
intelligence) to be applied so as to adapt and harness the potential of disruption. Applying critical
interpretive synthesis, this paper argues the lack of a disposition type of intelligence in Schwab’s
proposition and proposes its expansion to include entrepreneurial intelligence, thereby increasing
the potential of realisation, impact and value creating solutions. [View resource]
Digitising European Industry – Reaping the full benefits of a Digital Single Market
Date of Publication: 2016
Achieving a Digital Single Market (DSM) in Europe is a prerequisite for attracting investment in digital
innovations and for faster business growth in the digital economy. This Communication introduces a
set of coherent policy measures as part of a DSM technologies and public services modernisation
package. The package includes an additional three Communications The Communication explains
how the various measures relate to each other. It also aims to establish a framework for
coordination between national and EU-level initiatives in this area and relevant policy actions
including investments in digital innovations and infrastructure, accelerating the development of ICT
standards, exploring regulatory conditions and adaptation of the workforce, including up-skilling. [View resource]
Industry 4.0 – networked, adaptive production
The Fraunhofer IPT has already implemented numerous aspects of connected, adaptive production
in its research and development projects with partners from a wide range of industrial sectors.
Selected examples of successes in this field are outlined in the following pages of this brochure. [View resource]
Cooperation in a changing world of work
The world of work is undergoing major processes of change. There are several forces transforming it,
from the onward march of technology and the impact of climate change to the changing character of
production and employment, to name a few. The report notes that in response, the cooperative
enterprise model is seeing a renaissance around the world where cooperative employment involves
at least 250 million people, and the largest 300 cooperatives across 25 countries had a turnover of
2.5 billion USD in 2015. Cooperatives exist in all sectors of the economy around the world, and while
they are commercial organizations, they operate within a broader set of values and principles, not
only aiming to generate profit. They have historically emerged out of the need to provide goods and
services not accessible from the public sector and conventional businesses. As such needs expand
and become increasingly complex, cooperatives find more space to meet these needs, providing
services while advancing livelihoods and creating jobs in the process. [View resource]
The job quality in the 21st century: a road map to a new development model
Author: Adele Bianco
Date of Publication: 2014
The paper assigns a key role to job quality in fostering social development and sustainability. It focuses on two issues: working conditions and the greening of work, and argues that the transition towards a green economy requires the production and employment sectors to undergo a reconversion process. The green economy, it is suggested, can offer new development opportunities to developed as well as emerging countries and create new demands for skills development. [View Resource]
The Spanish law on dependent self- employed workers: a new evolution in labor law
Author: Esther Sanchez Torres
Date of Publication: 2010
One of the primary problems with law in general is how to adjust protection levels to suit reality, so that it succeeds in establishing general, abstract regulations that might become permanent. [View Resource]
The status of self-employed workers in Spain
Author: Jaime Cabeza Pereiro
Date of Publication: 2008
Spain’s Self-Employed Workers’ Statute came into force in July 2007. The legislation identifies a category of workers who have traditionally been excluded from the scope of labour law; and represents an innovative experiment. [View Resource]
Informal Economy, Independent Workers and Social Security Coverage in Argentina, Chile and Uruguay
Author: Fabio M. Bertranou
Date of Publication: 2007
This article reviews the labour situation of independent workers 2 regarding social security coverage in Argentina, Chile and Uruguay. These workers account for approximately 24 per cent of the employed labour force and most of them work in the informal economy. The scope of social protection for independent workers has become a relevant issue in the reform agendas for the social security systems. Low coverage among this heterogeneous group of workers, together with the difficulties of implementing effective policies and strategies that will allow for increased coverage, have created the need to evaluate the different dimensions that are involved in the design of social security programs. Even though Argentine and Uruguayan workers have mandatory legal coverage through a general scheme and also a simplified scheme directed at small contributors, the overall results have been poor. [View Resource]