The ‘uberisation’ of work. Is the digital labour platform a mere intermediary, given the significant control exercised on ‘platform workers’?

Abstract

The 'uberization' of work describes a digital labour market in which platforms act as mere intermediaries, with services provided by self-employed users. While the reasoning is valid for some platforms, at least in the case of location-based mobile apps it can be questioned. In our analysis we will try to show that, starting from the conditions of the service provided, which are unilaterally set by the platform, it cannot be denied that there is a significant control exercised over 'platform workers', by providing some relevant case law in this respect. Consequently, as will be shown in the conclusions, the situation is diffuse since these workers are performing an activity which they cannot organize themselves, although they are theoretically self-employed.