The 'Gig Economy': Employee, Self-Employed or the Need for a Special Employment Regulation?

Abstract

The Digital era has changed industrial relationships dramatically and this has caused a considerable degree of legal uncertainty about which rules apply to cyberspace. Technology is transforming business organization in a way that makes employees – as subordinate work – less necessary. A new type of companies based on "on-demand economy" or "sharing-economy," dedicated to connecting customers directly with individual service providers, are emerging. These companies conduct their entire core business through workers classified as self-employed. In this context, employment law is facing its greatest challenge, as it has to deal with a very different reality compared to the one existing when it was created. This paper analyses the literature available about the classification of this new type of workers as employees or self-employed, the conclusion being that there is a need for a new special labour regulation. It also describes and justifies the bases for this new special labour regulation.

Keywords: Gig Economy, Crowdworker, Outsourcing, Sharing Economy, Employment Contract, Self-Employed, Uber Economy, on Demand Economy, Independent Contractor, Peer to Peer Economy, Collaborative Economy