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The position of the employee in the changing world of dependent work
Tkadlec, Matěj ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee) ; Šimečková, Eva (referee)
THE POSITION OF THE EMPLOYEE IN THE CHANGING WORLD OF DEPENDENT WORK ABSTRACT This dissertation theses focuses on the issue of dependent work with regard to the phenomenon of the so-called sharing economy or platform economy. In its first part, I therefore discuss in detail what is actually meant by dependent work, what has been its historical development in our territory, and how its individual definitional features are interpreted, as defined in Section 2(1) of the Labor Code, as well as other features imported by case law, which are the consistency of work and its performance for remuneration. I conclude that the definition of dependent work as it is currently written in the Labor Code may in many cases erode the labor market rather than preserve legal certainty. The reason for this is that, particularly in the 21st century, the labor market is undergoing significant changes which, among other things, have resulted in new expectations, attitudes and requirements for mutual contractual relations on the part of both employers and employees. Strictly speaking, the definition of dependent work still corresponds to so-called factory work, but it is very skeletal when applied to more modern and flexible forms of employment such as those found in the IT sector or the sharing economy. For this reason, in the...
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Gig Economy: A Literature review of critical approaches
Zhidkova, Ekaterina ; Kolomoiets, Maksym (advisor) ; Svobodová, Tereza (referee)
This work is dedicated to the topic of the Gig economy, its definition, scope and influence in modern society. In the theoretical part, it defines links with more extensive terms from the field of digital economy. The narrative literature review method used in this work was transparently designed to obtain a comprehensive and reliable sample. Based on the analysis, this thesis systematizes and outlines critics of gig economy platforms, alongside with the key features of gig economy, as outlined by scholars in the area. A broader impact of the gig economy is also derived from the papers from the sample. A check for possible inconsistencies in the use of the definition of gig economy resulted in the separation of core features, that are present in the majority of articles in the sample, and auxiliary features, that are unique or contradictory to core features. The significance of gig economy and possible futures of gig work are also discussed.
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Meaningfulness of Work in Platform Economy
Kreisinger, Jonáš ; Kobová, Ĺubica (advisor) ; Müller, Karel (referee)
In my thesis I deal with the concept of meaningful work in a platform economy. Meaningful work is a theoretical as well as a practical problem that exists across various fields of study. Meaningful work is increasingly important topic, which corresponds with actual problems that workers face in their workplace. The main goal of the thesis is to inquire if and how is this concept useful to describe the working conditions of emerging platform economy, which strengthens the class conflict at the workplace. I research this problem on the case of Viennese food delivery service Mjam with application of the method of the phenomenological analysis, which enabled me to study dailiness and experiencing of meaningfulness of work of the couriers. For the analysis, I conducted semi-structured interviews with the riders. Even though the couriers experience occasionally meaningfulness as well as meaninglessness at the workplace, the thesis shows that this concept is rather used to rephrase their crucial problems of the workplace. The researched literature partially ignores the real problems of workers in their workplace as well as the complexity and heterogeneity of the problem of meaningful work.
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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Štefko, Martin (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Štefko, Martin (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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Legal Status of Persons in Platform Economy
Menzelová, Kristýna ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Legal Status of Persons in Platform Economy Abstract The thesis focuses on the legal status of persons who are involved in the platform economy. Under certain circumstances, these persons, called service providers in the thesis, are on the borderline between the legal status of an employee and the legal status of a self-employed entrepreneur. One of the causes of this unclarity is the practices of some digital platform providers that are applied to the service providers. These practices are commonly used by the employer to their employees rather than between business partners. For instance, these practices can include the control mechanisms, the evaluation system, or the unilateral determination of price and the way of service providing. The focal point of this thesis lies in an analysis of legal status of service providers resulting from the legal relationships that are concluded on digital platforms. Due to the unavailability of the contracts that are the base of these legal relationships, it is the terms and conditions of the particular digital platform providers that are used for the analysis. The labour law regulation is applied to the legal relationships defined in this way focusing on the question, whether the activity of service providers fulfils the characteristics of dependent work. Subsequently,...
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