数字工作者的劳动地位:欧洲国家的经验

Mario Reljanović, Jovana M. Misailović
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引用次数: 4

摘要

在工作过程中使用信息和通信技术带来了重大创新,并出现了新的职业和专业。这种工作的数字化影响了许多工作效率的提高和更容易的表现,但也影响了劳动力的不稳定,并将雇主的关注点从就业转移到其他非典型的劳动关系形式。与此同时,受雇的数字工作者以一种特定的方式行使他们的一些劳工权利。在大多数情况下,数字工作意味着与雇主的物理分离,这就提出了许多问题:如何安排工作时间,如何监督数字工人的工作,他们如何行使集体权利,雇主如何在其场所外安排安全的工作环境,等等。另一方面,以平台个体户和自由职业者为代表的非雇佣关系劳动者,在行使基本劳动权利方面明显处于更为困难的地位。随着各种职业在工作过程中使用信息和通信技术的增长,虚假自营职业的出现正在扩大,同时或先后为多个雇主从事短期工作的“自由职业者”的地位几乎没有得到解决,这是现代劳动法中最紧迫的一些问题。本文的研究重点是对这些问题进行分析;它并没有在很大程度上涉及对某些就业类别的概念和发展的基本澄清——这些问题只是表面上的处理——而是表明了对劳动和就业理解变化的初始趋势的升级,特别强调回归到劳动关系的经典形式,这种形式已经被改进和现代化,其中包含了工作数字化带来的新元素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Labour status of digital workers: Experience of European countries
The use of information and communication technologies in the work process introduced significant innovations, as well as the emergence of new occupations and professions. This digitalisation of work affects the increase of efficiency and easier performance of a number of jobs, but also the precarisation of labour and shifting the focus of employers from employment to other, atypical forms of labour relations. At the same time, employed digital workers exercise some of their labour rights in a specific way. In most cases, digital work implies physical separation from the employer, which raises a number of questions: how to organise working hours, how to supervise the work of digital workers, how they can exercise their collective rights, how the employer can arrange a safe working environment outside its premises, and similar. On the other hand, workers who work outside the employment relationship, among which platform self-employed workers and freelancers stand out, are in a significantly more difficult position when it comes to exercising basic labour rights. The emergence of false self-employment, which is expanding along with the growth of the use of ICT in the work process in various occupations, as well as the virtually unresolved status of the" freelancers" working exclusively in short-term employment for multiple employers simultaneously or successively, are some of the most pressing problems in modern labour law. The research is focused on the analysis of all these issues; it does not largely deal with the basic clarification of the concepts and development of certain categories of employment - these issues are treated only superficially - but it rather indicates the upgrade of the initial tendencies of changes in the understanding of labour and employment, with particular emphasis on returning to classical form of labour relation, which has been refined and modernised with new elements resulting from the digitalisation of work.
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