The contract-of-employment test renewed. A Scandinavian approach to platform work

Marianne Jenum Hotvedt

Abstract


Abstract: Platform work blurs the scope of labour law and challenges the contract-of-employment test, threatening effective labour law protection. This article analyses this challenge from a Scandinavian perspective, where the contract-of-employment tests share common features and where a core common challenge is the ambiguous nature of worker freedom: When does the freedom to choose tasks and hours indicate autonomy and when does it indicate (extreme) precarity?
As the criteria guiding the test leave this issue unresolved, the article argues that a renewal is required and suggests how it can be achieved. The purposive approach rooted in Scandinavian jurisprudence allows for both an individual and a market perspective, and provides a basis for a careful renewal of the test. The article concludes by suggesting new –or updated– criteria guiding the contract-of-employment test when dealing with platform work.
Keywords: platform work, crowdwork, contract of employment, concept of employee.


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DOI: https://doi.org/10.20318/sllerj.2018.4436

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Spanish Labour Law and Employment Relations Journal
DTCENS Labor Law, Economics Changes and New Society Research Group - Carlos III University of Madrid
EISSN: 2255-2081