The Scope of Labour Law in the Platform Economy

Abstract

The development of the digital economy, accompanied by new forms of employment, has an impact on the scope of labour law. Using systemic, formal legal and comparative legal methods, the article explores strategies directed on expanding the scope of labour law at national, European and international levels. The article reflects the actual narrowing of the scope of labour law; it considers case law on the legal status of platform workers and analyses the policies of the International Labour Organisation, the European Union and several Member States of EU aimed at expanding the scope of labour law guarantees. In the author’s opinion, when courts classify legal relations with platform workers as labour relations, it is correct to speak about preventing an unreasonable narrowing of the scope of labour law rather than about an extension of the scope of labour law. A new interpretation by courts of already existing characteristics of an employment relationship will prevent the circumvention of labour law regulations by platform providers and their partners.