Work in the age of collective platforms: between innovation and tradition

Abstract

1. Introduction. – 2. Uber. – Transportation Employer Or App? – 2.1. Uber before the European Court of Justice: intermediation service or transport service? – 2.2. In the U.S.: Uber as technology or transportation company? – 3. Gig workers as independent contractors or employees. – 3.1. European perspectives. – i. Labour law profiles and the (relative) traditionalism of the European Court of Justice. – ii. The judgements ruled by the British courts: some similarities with the decision of the Court of Justice. – 3.2. U.S. perspectives. – 4. Solutions To The Dilemma. – 4.1. Two tracks in Europe: a collaborative approach and developments in the courts. – i. Uber and a European Agenda for the collaborative economy. – ii. The ‘qualification issue’ and the risks of case law in the EU (and the UK). – 4.2. A Multi-Pronged Judicial And Legislative Approach In The United States. – 5. Conclusions