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Crowd Work und Plattformökonomie

Eine arbeitsrechtliche Fallstudie
Authors: Schneider-Dörr, Andreja;

Crowd Work und Plattformökonomie

Abstract

This paper addresses the question of whether crowd workers on microtask platforms should be classified as employees. For years, this has been disputed from the perspective of labor law, but with a certain tendency to deny it. However, the BAG ruled in December 2020 that a crowd worker can be an employee by and large. So how are the circumstances to be assessed that make a crowd worker an employee (or non-employee)? That is what this paper investigates. In the first part of the paper, we review various empirical studies on crowd work and analyze the functioning of platforms. Economic and organizational sociology are also considered. In the second part, concrete case analyses from a self-experiment are presented in order to be able to evaluate them in terms of labor law. In the third part, two aspects are opened up, firstly, how the divergence between the national and the European legal concept of employee is again revealed in crowd work. On the other hand, new forms of regulation are suggested: For example, does Regulation P2B Regulation (2019/1150) not fit many of the problems of platform work? What about its applicability to platform work? What about "regulation by design"? Finally, it must be considered, how labor law can cope with new forms of work and, above all, forms of new organizational methods.

Keywords

Digitalisierung, Arbeitsverhältnis, employee, Arbeitnehmerbegriff Crowd Work Crowdwork Digitale Arbeitsverhältnisse Gig Work Microtask Platform Economy Plattformarbeit Plattformen Plattformökonomie Arbeitsrecht Digitalisierung, digitalization, labor law, Arbeitsrecht, Arbeitnehmerbegriff; Crowd Work; Crowdwork; Digitale Arbeitsverhältnisse; Gig Work; Microtask; Platform Economy; Plattformarbeit; Plattformen; Plattformökonomie, Arbeitnehmer, Begriff, LNH, employment relationship, concept

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    popularity
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
6
Top 10%
Top 10%
Top 10%
Green
hybrid