Regulating labour in the gig economy
A huge challenge for traditional labour legislation is the impact of new technology and Artificial Intelligence (AI). In the new gig economy, many of the workers are self-employed. The Court of Justice of the European Union and the European Committee of Social Rights (a Council of Europe body) have different views about the possibilities to regulate conditions for self-employed in collective agreements. These problems will be discussed at this international seminar.
We have the pleasure to invite professor Monika Schlachter, Institute for Labour Law and Industrial Relations in the European Union (IAAEU), University of Trier and former Vice-President of The European Committee of Social Rights, and Dr Miriam Kullmann, WU Vienna University of Economics and Business. Introduction to a Swedish context will be held by professor Birgitta Nyström and associate professor Annamaria Westregård, Lund University.
The cases that will be discussed, will be sent to the participants:
- European Committee of Social Rights 12.9.2018 Collective Complaint 123/2016, Irish Congress of Trade Unions (ICTU) v. Ireland
- Court of Justice of the European Union´s Judgment in FNV Kunsten Informatie en Media, C-413/13 EU:C:2014
9:00–9:30 Coffe and registration
Associated professor Annamaria Westregård, Lund University, will give a short introduction to the FNV Kunsten case from the Court of Justice of the European Union and put it into a Swedish context.
Professor Birgitta Nyström, Lund university and former member of the The European Committee of Social Rights, will give an introduction on the European Social Charter and put its case law in a Swedish context.
10:15–11:00 Collective agreement for self-employed
Professor Monika Schlachter, former Vice President of the Committee, will discuss new forms of labour where workers deemed self-employed. Can they rely on established forms of interest representation such as organizing in unions and concluding collective agreements? Given that freedom of association is not only a fundamental right guaranteed by national constitutions but in parallel a human right guaranteed at international level, a fair balance must be struck between interests protected by competition law and workers' rights protected by the EU Charter of Fundamental Rights, the European Social Charter and ILO Convention No. 87.
11:15–12:00 AI and Labour Law
Dr Miriam Kullman, WU Vienna University of Economics and Business, will highlight work areas and sectors in which technology is already used substantially and fields that its use will increase, and then discuss algorithmic decision-making by employers and the possible discriminatory outcomes, especially when it comes to platform work and hiring new workforce. Dr Kullman will provide an overview on the applicability of EU non-discrimination directives and their relationship with the GDPR.
12:00–13:00 Panel discussions
13:00 Lunch at Inspira
The seminar is a cooperation between Centre for European Studies at Lund University, Swedish Research Council for Health and Working Life and Welfare (Forte), and Affärsrättsligt Centrum vid Lunds universitet (ACLU), and the Department of Business Law at Lund University School of Economics and Management.