Platform munkavégzés és egyenlő bánásmód, különös tekintettel az Európai Unió platform irányelvére

Absztrakt

The proliferation of various technological innovations has given rise to new, innovative forms of work, including platform work. Although much of the scholarly attention to platform work has focused on the classification of legal relationships, it is also important to consider the impact of algorithmic management on the rights of individuals engaged in platform-based work. Among these rights, this study aims to contribute to the scientific examination of challenges related to the right to equal treatment. One of the defining characteristics of digital work platforms is that, due to algorithmic management, decisions related to the organization of platform work are essentially made through automated decision-making. In the context of the right to equal treatment, this raises the issue of digital discrimination. While digital discrimination is not exclusive to platform work, it arises more intensively in this area due to the pervasive algorithmic management, compared to more traditional forms of work. Additionally, there are also platform-specific challenges, such as the ability to fully exploit the flexibility of platform work, and the impact of user ratings and other user decisions on platform workers. Platform work has not emerged in a regulatory vacuum; the EU has several laws that protect the rights of individuals engaged in platform-based work. However, there is a need for specific regulations that protect platform workers against algorithmic management. In this regard, the EU platform directive is noteworthy. Following an overview of platform work and the relevant regulations, this study examines the challenges related to equal treatment in platform work and their regulation, with particular emphasis on the EU platform directive.