Edited by Janice R. Bellace and Beryl ter Haar
Chapter 19: Fundamental labour rights, platform work and human rights protection of non-standard workers
The spread of non-standard forms of employment has prompted an extensive debate on how to reshape labour regulation to accommodate these new formats. Platform workers, together with casual workers and some self-employed workers, not only are more exposed to violations of fundamental labour rights but are also often excluded from the legal scope of application of these rights, sometimes reserved to workers in an employment relationship. This is particularly true for collective labour rights; self-employed workers are often deprived of full access to the rights of freedom of association and collective bargaining, since their collective activities may be considered in breach of anti-trust regulation. Accordingly, this chapter maintains that preventing self-employed workers who do not own a genuine and significant business organisation from bargaining collectively is at odds with the recognition of the right to collective bargaining as a human and a fundamental right. Consequently, only self-employed individuals who do not provide ‘labour’ but services using an independent, genuine and significant business organisation should have their right to bargain collectively restricted.
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