Social rights in europe and free platform work

AutorAndrzej Marian Swiatkowski
Páginas119-132
SOCIAL RIGHTS IN EUROPE AND FREE
PLATFORM WORK
A M 
Jesuit University Ignatianum, Kraków, Poland
1. INTRODUCTORY NOTE
Platform work - which emerged recently as a separate employment
technology in the post-industrial era brought to the world by the Industry
4.0 - is not regulated by employment and labour law in the majority of
European countries (Prassl, 2018, 94). Legal status of people performing
work at the digital work platforms is uncertain (De Stefano, Alosi, 2018,
25). Contrary to the rules of Revised European Social Charter of the
Council of Europe (3 May 1996), the rights of individuals performing
work in non-standard forms of employment are not being protected in
vital areas such asŚ equal opportunities and equal treatment (art.20),
maternity leave (art.8), working time (art.2), decent wages (art.4),
access to social security benefi ts (art12), vocational training (art. 19),
freedom of association (art.5), collective bargaining (art.6), collective
disputes and legal actions – strikes (witkowski, 2019, 71 - 274). In the
period of sharing (collaborative) economy, it is necessary to focus on the
obligation of the European Member States to comply with international
principles - the right to work in safe and healthy working conditions,
to receive fair (decent) remuneration, the right of employed women
to protection, the right to equal opportunities and equal treatment in
matters of employment, the right to protection in cases of termination
of employment, the right of workers to the protection of their claims in
the event of insolvency of their employer, the right to dignity at work.
People employed online via platform are working at their own risk. They
are not entitled to protection of health, social security, social and medical
assistance and the right to benefi ts from social welfare services.

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