scholarly journals Uberization of labor and Marx’s Capital

2021 ◽  
Vol 24 (1) ◽  
pp. 228-234
Author(s):  
Guilherme Nunes Pires
Keyword(s):  
Labor Relations ◽  
Labor Relation ◽  
Labor Process ◽  
Labor Rights ◽  
Digital Platforms ◽  
Capitalist Economy ◽  
Essential Nature ◽  
Indirect Control ◽  
Gig Economy ◽  
Working Day

Abstract: In the last decade, we saw the expansion of digital platforms and decentralized and freelance labor relations in the global capitalist economy. This combination has been called Gig Economy and its specific labor relation Uberization. This process is directly link to the intensification of work, working day expansion, low remuneration, absence of labor rights and amplification of indirect control over the labor process. Although this phenomenon appears as something new, considering Marx’s analysis of piece-wage in Capital, it’s possible to see the very features and consequences of Uberization. The remuneration, be it by hour or piece/gigs, no alters the essential nature of labor relations in capitalism. The aim of this paper is, therefore, to identify that Marx’s Capital already anticipated this tendency of capitalist economy and traced the main consequences of Uberization of labor.

scholarly journals Gig Economy, Austerty and “Uberization” of Labor in Brazil (2014 – 2019)

Argumentum ◽  
2020 ◽  
Vol 12 (3) ◽  
pp. 237-255
Author(s):  
Guilherme Nunes Pires ◽  
José Paulo Guedes Pinto
Keyword(s):  
Economic Crisis ◽  
Exponential Growth ◽  
Rapid Growth ◽  
Capital Accumulation ◽  
Labor Relations ◽  
The Other ◽  
Labor Rights ◽  
Digital Platforms ◽  
Gig Economy ◽  
Global Trend

The aim of the present paper is to understand the exponential growth of “Uberization” of labor in Brazil by analyzing the economic crisis and the austerity program putted in practice from 2014. The emergence of Gig Economy and the “Uberization” of labor is a global trend in digital age and Brazil has experienced the exponential growth of these type of labor relations in recent years. Millions of Brazilian workers now have their entire income exclusively from digital platforms without labor rights. However, its only possible to understand this process considering the economic crisis and, as a response of it, the austerity program. The offensive of capital over labor as a response of the profitability crisis penalized the working class and provided the rapid growth of the “Uberization” of labor in Brazil and an alternative for the capital accumulation on the other side.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Form of Implementation of Collective Disputes in the Field of Labor Law

2020 ◽  
Vol 11 (4) ◽  
pp. 1423
Author(s):  
Oleksii V. SOLOVIOV ◽  
Nataliia M. SHVETS ◽  
Iaroslava V. SVICHKAROVA ◽  
Nataliia H. ORLOVA ◽  
Oleksandr O. DUMA
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Modern Society ◽  
Well Being ◽  
Labor Process ◽  
Practical Significance ◽  
Labor Rights ◽  
Work Process ◽  
Problematic Situations

Labor relations have always been defined as a source of not only increasing of well-being for all parties, but also as a source of the formation of social problematic situations. This was allowed in cases when workers did not receive the level of income they expected and considered fair. In this case, the search for ways to protect the rights of workers, which is considered in the field of labor law, is relevant. The standard sources for the implementation of forms of protection in labor law are strikes and other forms of termination of the work process. The novelty of the paper is determined by the fact that in modern society the forms of protection of labor rights are mainly judicial forms, which guarantee that the employer cannot influence the settlement process by unofficially affecting employees. The article reveals aspects of the design of labor relations that could eliminate the negative impact on the labor process. Aspects of the formation of the branch of labor law are considered, which can provide the maximum number of decisions in the pretrial order. The practical significance of the paper is determined by the possibility of applying methods of solving collective labor disputes as a factor in the formation of the labor law industry with the formation of the principles of sustainable functioning and public control over business.  

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

Issues of non-standard employment: social and hygienic aspects

2020 ◽  
pp. 392-398
Author(s):  
S. A. Druzhilov
Keyword(s):  
Social Order ◽  
Labor Relations ◽  
Well Being ◽  
Labor Rights ◽  
Precarious Employment ◽  
Employment Conditions ◽  
The Social ◽  
Two Factors ◽  
Labor Safety ◽  
Typical Model

Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Come salvaguardare i valori pubblici in un mondo interconnesso? Le sfide per l’Europa. Translated by Eleonora Benecchi

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
José Van Dijck
Keyword(s):  
Civil Society ◽  
Labor Relations ◽  
Western World ◽  
Public Values ◽  
Digital Platforms ◽  
The Past ◽  
Societal Actors

Over the past three years, we have witnessed how online digital platforms have deeply penetrated every sector in society, disrupting markets, labor relations and institutions. Five American tech companies (Google-Alphabet, Amazon, Facebook, Apple and Microsoft) are now dominating the western world, not just transforming social and civic practices, but affecting the very core of western democratic processes. The digitization of society involves intense struggles between competing ideological systems and contesting societal actors – market, government and civil society – raising an important question: Who is or should be responsible and accountable for anchoring public values in an online world? This article describes and analyzes the European challenge to govern “platform societies” which are increasingly dependent on global commercial infrastructures – ecosystems that are privatized and whose mechanisms are hidden from public view. Translated by Eleonora Benecchi

scholarly journals Trabalho digno para quem? Sobre a formalização do trabalho precário no Brasil / Decent work for whom? About the formalization of precarious work in Brazil

2020 ◽  
Vol 4 (4) ◽  
pp. 580-586
Author(s):  
Marina Batista Chaves Azevedo de Souza ◽  
Viviane Fonseca Santos ◽  
Daniela Da Silva Rodrigues
Keyword(s):  
Labor Relations ◽  
Health And Safety ◽  
Labor Rights ◽  
Decent Work ◽  
Labor Laws ◽  
Precarious Work ◽  
Role Of The State ◽  
Labor Legislation ◽  
The Government

A arte desenhada sobre papel simboliza os trabalhadores e as trabalhadoras, e suas constantes lutas sociais pela manutenção dos direitos trabalhistas no Brasil, conquistados na década de 1943, com a Consolidação das Leis Trabalhistas (CLT). Trata-se de um estatuto de Normas Regulamentadoras - NR de relações individuais e coletivas de trabalho para aqueles contratados formalmente com vínculo empregatício. Em 2017, o Governo aprova a Lei nº 13.467, reconhecida como Reforma Trabalhista, a qual exclui mais de cem artigos da CLT, reduz direitos e o papel do Estado em relação à proteção da dignidade do trabalhador. Posteriormente, a classe trabalhadora sofreu novo impacto em 2019, momento em que o Governo Federal promoveu a extinção do Ministério do Trabalho e Emprego (MTE), órgão responsável pela fiscalização e regulamentação das relações de trabalho no país. Isso gerou o fracionamento das atribuições das Leis de trabalho em três pastas ministeriais, fragilizando ainda mais as normas trabalhistas, dificultando a interlocução entre o trabalhador e empregadores e formalizando a precarização do trabalho. Nesse sentido, a imagem representa os desmontes que o trabalhador vem sofrendo, ao longo dos anos, em relação à legislação e aos direitos trabalhistas, mas também à saúde e à previdência social. A flexibilização das relações no ambiente laboral revela uma nova configuração do mundo do trabalho, uma realidade ainda mais perversa, pautada em um discurso neoliberalista de "menos direitos e mais liberdade para o trabalhador", porém, que carrega como consequências a redução do emprego digno, de saúde e segurança para os trabalhadores brasileiros. AbstractThe art drawn on paper symbolizes the workers and their constant social struggles for the maintenance of labor rights in Brazil, conquered in the 1943s by the Consolidation of Labor Laws (CLT). The CLT is a statute of the Regulatory Norms - NR about individual and collective labor relations for those formally hired with an employment relationship. In the year of 2017, the Government approved the Law 13.467 that implemented a Labor Reform, which excludes more than one hundred articles from CLT reducing many workers rights and the role of the State regarding the protection and dignity of the workers. Subsequently, the working class suffered a new impact in the year of 2019, when the Federal Government extinguished the Ministry of Labor and Employment (MTE), the institution responsible to monitor and regulate labor relations in Brazil. This fact caused a division of the attributions of the Labor Laws into Three Ministerial Portfolios, further weakening labor standards making it more difficult for workers and employers to communicate with each other, formalizing precarious work. Thus, this image represents the problems workers has been suffering, over the years, due to the lack of labor rights, health and social security. The flexibilization of labor relations reveals a new configuration for the labor society and provides an even more perverse reality based on a neoliberalist discourse that propagates the idea of "less rights and more freedom for the workers", reducing decent employment, health and safety for Brazilian workers.Keywords: Labor Legislation; Occupational Health; Occupational Therapy; Precarious Employment; Work. ResumenEl arte dibujado en papel simboliza a los trabajadores masculinos y femeninos, y sus constantes luchas sociales para el mantenimiento de los derechos laborales en Brasil, logrados en la década de 1943, con la Consolidación de las Leyes Laborales (CLT). Este es un estatuto de Normas Reguladoras - NR de relaciones trabajo individual y colectivo para aquellos formalmente contratados. En 2017, el Gobierno aprobó la Ley 13.467, reconocida como Reforma Laboral, que excluye más de cien artículos del CLT, reduce los derechos y el papel del Estado en relación con la protección de la dignidad de los trabajadores. Posteriormente, la clase trabajadora sufrió un nuevo impacto en 2019, cuando el Gobierno Federal promovió la extinción del Ministerio de Trabajo y Empleo (MTE), el organismo responsable de la inspección y regulación de las relaciones laborales en el país. Esto condujo a la división de las atribuciones de las leyes laborales en tres carteras ministeriales, debilitando aún más las normas laborales, dificultando la comunicación entre trabajadores y empleadores y formalizando el trabajo precario. En este sentido, la imagen representa el desmantelamiento que el trabajador ha estado sufriendo, a lo largo de los años, en relación con la legislación y los derechos laborales, pero también con la salud y la seguridad social. La flexibilización de las relaciones en el entorno laboral revela una nueva configuración del mundo del trabajo, una realidad aún más perversa, basada en un discurso neoliberalista de "menos derechos y más libertad para el trabajador", pero con la consecuencia de reducir el empleo decente, salud y seguridad para los trabajadores brasileños.Palabras clave: Empleo Precario; Legislación Laboral; Salud Laboral; Terapia Ocupacional; Trabajo.      

scholarly journals TRANSFORMATION OF LABOR RELATIONS BASED ON GIG-ECONOMY IN CONDITIONS OF DIGITALIZATION OF ECONOMIC SYSTEMS

2021 ◽  
Vol 9 (1) ◽  
pp. 96-106
Author(s):  
YUliya Polozhyentsyeva ◽  
A. Stepanova
Keyword(s):  
Service Sector ◽  
Business Processes ◽  
Labor Relations ◽  
Remote Work ◽  
Gig Economy ◽  
Spare Time ◽  
Entrepreneurial Organization ◽  
Flexible Schedule ◽  
The Face ◽  
Expert Assessments

The decline in the growth rate of the country's economy leads to an increase in the interest of various sectors of society in the search for effective ways of organizing work in the face of increasing universal digitalization. In the post-pandemic world, the able-bodied population needs new ways of earning money, the opportunity to work in their spare time, the presence of a flexible schedule, as employers are increasingly striving to optimize the costs of business processes, including personnel. Therefore, domestic employers are waiting for the development and growth of the institution of freelance, which requires an active restructuring of labor relations. The application of the gig economy as a new socio-economic model of entrepreneurial organization has influenced the emergence of modern forms of labor organization, such as outsourcing, subcontracting, freelance, remote work, outstaffing, which represent the possibility of partial employment. Such forms of labor relations are mainly in demand in the service sector and IT organizations. The aim of the study is to study the directions of transformation of forms of organization of labor activity in domestic and foreign business in conditions of transition to gig-economy. The study analyzed the development prospects of gig-economy as one of the directions of digital transformation of the economy. Also, on the basis of a synthesis of expert assessments and surveys of the population, features and prospects for the development of freelance in Russia were formed. Based on the study, the following main results were obtained: the main trends in the development of the gig economy were identified; analyzed the theoretical and practical aspects of the development of gig-economy as one of the developing areas of the digital economy; statistical assessment of the studied direction is given; the problems of organization of freelance in conditions of gig-economy are covered.

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