Guest Editorial: regulating algorithmic management

This special issue of the European Labour Law Journal, edited by Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Sangh Rakshita and Michael ‘Six’ Silberman, explores the regulation of Algorithmic Management in the European Union and beyond. In our guest editorial, we set out the background to the project, introduce the reader to the key themes and highlights of the papers to follow, and acknowledge the support that the project has enjoyed

Article 52: Twenty-Eight Shades of Interpretation?

Article 52 of the Charter of Fundamental Rights of the European Union (‘the Charter’) seems, prima facie, to have received rather divergent interpretations at the level of EU Member States. However, a closer look reveals that these divergences can mostly be understood as different shades of rather similar, or at least comparable, interpretations. As revealed by the analysis in this chapter, many discrepancies between Member States’ interpretations stem from divergent terminological use of legal notions from the Charter, rather than conceptual differences in the understanding of these notions. This is true, for example, of the meaning and scope of the proportionality analysis and the notion of the essence of fundamental rights. In a similar vein, the national reports show differences in the ways in which Member States interpret and apply Charter rights, but this does not mean that the content of the rights themselves is necessarily..

Collective Bargaining and the Gig Economy. A Traditional Tool for New Business Models

This open access book investigates the role of collective bargaining in the gig economy. Despite the variety of situations covered by the term ‘gig economy’, collective agreements for employees and non-employees are being concluded in various countries, either at company or at branch level. Offline workers such as riders, food deliverers, drivers or providers of cleaning services are slowly gaining access to the series of negotiated rights that, in the past, were only available to employees. Embedded in the EU legal framework, including the EU Commission’s proposal for a Directive on improving working conditions in platform work and its Draft Guidelines on the application of EU competition law, both from December 2021, the chapters analyse recent high-profile decisions including Uber in France’s Cour de Cassation, Glovo in the Tribunal Supremo, and Uber in the UK Supreme Court. They evaluate the bargaining agents in different Member States of the EU, to determine whether established actors are participating in the dynamics of the gig economy or if they are being substituted, totally or partially, by new agents. Interesting best practices are drawn from the comparison, also as regards the contents of collective bargaining, raising awareness in those countries that are being left behind in the dynamics of the gig economyThe book collects the results of the COGENS (VS/2019/0084) research project, funded by the European Union, that gathered scholars and stakeholders from 17 countries. It will be an invaluable resource for scholars, trade unionists, employers’ representatives and policy makers. This book pertains to the results of the project ‘COGENS: Collective Bargaining and the Gig Economy – New Perspectives’ (VS/2019/0084), financed by the European Unio

Scripture and reform

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