The ‘gig economy’: employee, self-employed or the need for a special employment regulation?

Abstract

The digital era has changed employment relationships dramatically, causing a considerable degree of legal uncertainty as to which rules apply in cyberspace. Technology is transforming business organisation in a way that makes employees – as subordinate workers – less necessary. New types of companies, based on the ‘on-demand economy’ or so-called ‘sharing economy’ and dedicated to connecting customers directly with individual service providers, are emerging. These companies conduct their entire core business through workers that they classify as self-employed. In this context, employment law is facing its greatest challenge, as it has to deal with a very different reality to the one existing when it was created. This article analyses the literature available about the classification of this new type of worker as an employee or as self-employed, concluding that there is a need for a new special labour regulation. It also describes and justifies the bases for this new special labour regulation.