'We Will All Laugh at Gilded Butterflies.' The Shadow of Antitrust Law on the Collective Negotiation of Fair Fees for Self-Employed Workers.

16 Pages Posted: 3 May 2018

Date Written: April 9, 2018

Abstract

The development of a wide-reaching collective representation for (genuine) self-employment and the collective negotiation of fair fees for independent contractors might often be more dissuasive vis-à-vis scam self-employment than the threat of reclassification. However, Case Law in both Civil and Common Law Jurisdictions showcases how Antitrust Law can hamper the collective negotiation of workers’ minimum fees. The premise of such a view, which has its ancestors in the early stage of development of collective bargaining, is that the agreements setting the rates of pay for non-subordinate labor act as restraints of trade. The A. contends that this narrow interpretation of the scope of collective labor law or rather this extensive view of the scope of antitrust law is unacceptable. On the one hand, workers who personally carry out their activity cannot be treated as businesses operating on a free market, because they are – similarly to the employees – individuals who lack the power to tangibly affect the terms and conditions of their work. For those persons, as the A. recalls, collective bargaining have always stood for, even before the binary legal divide between employment and self-employment was drawn. On the other hand, it appears incongruous that a major challenge to the perimeters of collective labor law stems from a formalistic approach to a field of law (Antitrust) which seeks to correct the market asymmetries in the interest of weaker parties, such as smaller businesses, communities and consumers. Ultimately, the A. contends that a solution to overcome this legal hurdle cannot be found through a mere change in the interpretation of the existing US and EU competition and labor law rules, which have to be amended by the Legislators in accordance with the current social needs.

Keywords: Collective Labor Law, Self-Employment, Antitrust Law, Competition Law, Gig Economy, FNV Kunsten

Suggested Citation

Biasi, Marco, 'We Will All Laugh at Gilded Butterflies.' The Shadow of Antitrust Law on the Collective Negotiation of Fair Fees for Self-Employed Workers. (April 9, 2018). Available at SSRN: https://ssrn.com/abstract=3159161 or http://dx.doi.org/10.2139/ssrn.3159161

Marco Biasi (Contact Author)

University of Milan ( email )

Via Festa del Perdono, 7
Milan, 20122
Italy

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
163
Abstract Views
875
Rank
339,337
PlumX Metrics