Uberization of employment: all the keys to understanding it
Posted: Sun Dec 15, 2024 9:35 am
The uberisation of employment is a phenomenon that owes its name to the American company Uber. It is an important concept for the labour market, but also for the service market. Its significance has been such that this term has been among the candidates for the 2017 word of the year by the Fundación del Español Urgente (Fundeu).
There are two big questions that many people are wondering about. The first is whether it will be positive or negative for companies, workers and consumers. The second is whether the uberisation of employment will become established over time.
What is the uberization of employment?
We are talking about a phenomenon that has three fundamental pillars: legal , organizational and technological .
The legal aspect of the uberization of the economy
Firstly, uberisation represents bahrain email list 191152 contact leads an escape route from the most restrictive regulatory frameworks . There are two main ones: labour and market regulation. However, it also has repercussions in other areas such as taxation or social security obligations.
Labour standards have an important characteristic: a substantial part of labour relations does not depend primarily on the will of the contractors. Laws, conventions or agreements between companies and workers' representatives largely determine the circumstances in which the labour relationship develops.
In contrast, commercial and civil laws give the parties much greater freedom to configure the relationship. Uberization uses these contracts to achieve greater flexibility in the relationship .
In this commercial or civil legal framework, some features of the employment relationship are therefore broken. The professional is not inserted within an organization and his work should not depend in the same way as an employee with an employment contract on the instructions, organization or material means of the employer. If this were not the case, we would not be talking about uberization , but purely and simply a fraud of law .
Second, uberization often aims to circumvent regulatory constraints in an industry . It rethinks the way consumer and business needs can be met.
The key question, in this regard, is whether this new way of providing services creates a new sector or is subject to the regulations of the one that has traditionally satisfied these needs . Obviously, the answers vary case by case. Recently, Uber itself has been classified by a ruling of the Court of Justice of the European Union as a transport services company and not an information services company.
The organizational plan of uberization
As with other forms of outsourcing , if the professional is not legally an employee, a significant organizational change occurs . Companies are, after all, organizations that carry out transactions internally because it is more advantageous for them than resorting to market agreements with external agents.
Uberization therefore requires organizational solutions to enable these relationships to occur in the market . The challenge is to find a way to bring together the right professional and the right recipient.
The way to achieve this is usually by creating a platform that connects them . In addition to this, the company can be a purchaser of professional services that it then sells to the recipients.
There are two big questions that many people are wondering about. The first is whether it will be positive or negative for companies, workers and consumers. The second is whether the uberisation of employment will become established over time.
What is the uberization of employment?
We are talking about a phenomenon that has three fundamental pillars: legal , organizational and technological .
The legal aspect of the uberization of the economy
Firstly, uberisation represents bahrain email list 191152 contact leads an escape route from the most restrictive regulatory frameworks . There are two main ones: labour and market regulation. However, it also has repercussions in other areas such as taxation or social security obligations.
Labour standards have an important characteristic: a substantial part of labour relations does not depend primarily on the will of the contractors. Laws, conventions or agreements between companies and workers' representatives largely determine the circumstances in which the labour relationship develops.
In contrast, commercial and civil laws give the parties much greater freedom to configure the relationship. Uberization uses these contracts to achieve greater flexibility in the relationship .
In this commercial or civil legal framework, some features of the employment relationship are therefore broken. The professional is not inserted within an organization and his work should not depend in the same way as an employee with an employment contract on the instructions, organization or material means of the employer. If this were not the case, we would not be talking about uberization , but purely and simply a fraud of law .
Second, uberization often aims to circumvent regulatory constraints in an industry . It rethinks the way consumer and business needs can be met.
The key question, in this regard, is whether this new way of providing services creates a new sector or is subject to the regulations of the one that has traditionally satisfied these needs . Obviously, the answers vary case by case. Recently, Uber itself has been classified by a ruling of the Court of Justice of the European Union as a transport services company and not an information services company.
The organizational plan of uberization
As with other forms of outsourcing , if the professional is not legally an employee, a significant organizational change occurs . Companies are, after all, organizations that carry out transactions internally because it is more advantageous for them than resorting to market agreements with external agents.
Uberization therefore requires organizational solutions to enable these relationships to occur in the market . The challenge is to find a way to bring together the right professional and the right recipient.
The way to achieve this is usually by creating a platform that connects them . In addition to this, the company can be a purchaser of professional services that it then sells to the recipients.