Social Law 4.0: New Approaches for Ensuring and Financing Social Security in the Digital Age

Prof. Dr. Ulrich Becker LL.M.; Olga Chesalina LL.M.

doi:10.5771/9783748912002

Summary

Digitalisation and the changing world of work are calling into question the standard employment model as a basis for social security systems. Whilst a growing number of publications deal with the consequences for industrial relations and labour law, social law is still being left out of most research projects on digital work. This book aims at widening the perspective. It concentrates on the two most important questions in the context of social protection in a digitalised world, namely access to social protection systems and their future financing, putting emphasis on platform work. It gives an overview of different national approaches to these questions, it analyses the respective solutions in a comparative manner, and it puts them into a transnational context. By bringing together case studies from Belgium, Italy, the United Kingdom, the Netherlands, Denmark, Sweden, Spain, France and Estonia and addressing the specific reform challenges for EU standard setting, EU coordination and the relation to tax law, the book provides new insights on what a “Social Law 4.0” should look like.

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Bibliographic data

Edition: 1/2021
Copyright Year: 2021
ISBN-Print: 978-3-8487-7149-3
ISBN-Online: 978-3-7489-1200-2
Publisher: Nomos, Baden-Baden
Series: Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik
Volume: 74
Language: English
Pages: 393
Product Type: Edited Book

Titelei/InhaltsverzeichnisPages 1 - 12 Download chapter (PDF)
1. Authors:
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  1. Authors:
    1. 1. Digitalisation, Industrial Relations and Social Protection
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    2. Authors:
      1. a) Access to Social Protection
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      2. b) Financing of Social Protection
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    3. Authors:
      1. a) Insights from Innovations in Social Protection
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      2. b) Innovations in Research
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  2. Authors:
    1. 1. Background
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    2. 2. Ensuring Social Security: Employment Status Classification and Innovative Solutions
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    3. 3. Financing Social Security: Experiences and New Approaches
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    4. 4. Transborder Perspective: The Future Role of the European Union
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  3. III. Conclusions and Perspectives
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2. Authors:
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  1. I. Introduction
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  2. II. Platform Work: What is Really New?
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  3. Authors:
    1. 1. Situation at a Glance
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    2. 2. Shortcomings of Empirical Studies
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    3. 3. Cross-Border Labour Flows in Platform Work
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  4. Authors:
    1. 1. Platform Work as a Main Job and as a Side Job, and Motivation of Platform Workers
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    2. Authors:
      1. a) Dependence as a Legal Category
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      2. b) Dependence Explored in Empirical Studies
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    3. 3. Access of Platform Workers to Social Protection
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    4. 4. Comparison of the Situation concerning Access to Social Protection of Platform Workers and Non-Standard Workers, and that of Self-Employed Persons
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  5. V. Implications for Social Security from Practical Evidence
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  6. VI. Conclusion
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1. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Indirect Legal Status
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    2. 2. Non-Status
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    3. 3. Is the Sharing Economy not Labour?
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    4. 4. Back to the Drawing Board
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  3. III. Towards New Protection for Platform Workers?
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  4. IV. Conclusion
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2. Authors:
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  1. I. Introduction
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  2. II. The Classification of Work Relationships: The Beginning
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  3. III. Subordination and Autonomy: A Political and Legal Issue
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  4. IV. Coordination: A New Star is Born
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  5. Authors:
    1. 1. The Extension of Subordinated Social Protection to Autonomous Work
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    2. 2. “Hetero-Organisation”: A New Challenge for Subordination
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  6. Authors:
    1. 1. Smart Working (on Platform) as a Modality of Subordinate Work
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    2. 2. Platform Work as a Modality of Hetero-Organised Collaboration
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    3. 3. Platform Work as a Modality of (“False”) Autonomous Work
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  7. VII. Conclusion
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3. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Advantages of Non-Standard Forms of Employment
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    2. 2. Disadvantages of Non-Standard Forms of Employment
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  3. Authors:
    1. 1. Universal Credit, Unemployment and Work
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    2. 2. Universal Credit, New Style ESA, and Incapacity for Work
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    3. 3. The Legislative Benefit Cap
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  4. IV. Non-Standard Forms of Work and the Social Security System
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  5. V. Judicial Action in the Sphere of Non-Standard Work
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  6. VI. Social Security Reforms for the 21st Century UK Labour Market
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  7. VII. Conclusion
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4. Authors:
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  1. I. Introduction
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  2. II. The System in the Netherlands and Logical Setup of this Contribution
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  3. Authors:
    1. Authors:
      1. a) Main Rules
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      2. b) The Role of Case Law
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      3. c) Extending and Limiting the Scope of Application of the Employee Insurance Schemes on the Basis of Legal Fiction
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      4. d) No (Formal) Definition of “Self-Employed Worker”
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      5. e) Practical Assessment of the Nature of the Employment Relationship by the Taxation Authorities
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    2. Authors:
      1. a) Sickness
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      2. b) Unemployment
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      3. c) Incapacity for Work
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    3. Authors:
      1. a) Second Pillar
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      2. b) Third Pillar
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  4. Authors:
    1. 1. Fighting Bogus Self-Employment and Enforcing Labour Law Protection
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    2. 2. Confronting the Great Divide
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    3. 3. Borstlap Commission
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  5. V. Conclusion: Lessons (not) to be Learned from the Dutch Experience
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5. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Sick Leave Benefits
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    2. 2. Maternity Leave Benefits
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    3. 3. Unemployment Insurance
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    4. 4. Cash Benefits
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    5. 5. Retirement Pensions
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    6. 6. Occupational Injury Insurance
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  3. III. The Role of Social Partners in Improving Social Security for Platform Workers
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  4. IV. Conclusion
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6. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Basics
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    2. 2. A Wide Concept of Employment in Labour Law
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    3. 3. No Requirement for Duration of Time
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    4. 4. Generous Possibilities for Fixed-Term Employment
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    5. 5. Umbrella Companies and Temporary Work Agencies
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  3. Authors:
    1. 1. The Concept of Employment in Social Security Legislation
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    2. 2. The “Intention of the Parties” Criterion
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    3. 3. Social Security for Umbrella Company Workers
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    4. 4. Unemployment Benefits for Umbrella Company Workers
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  4. Authors:
    1. 1. The Social Parties and New Phenomena in the Labour Market
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    2. 2. Supplemental Collective Agreements
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  5. V. Conclusion
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1. Authors:
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  1. I. Introduction
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  2. II. The Legal Classification of Platform Workers
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  3. III. The Platform Economy and its Impact on Social Security
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  4. IV. Coping with the Financial Risks Associated with the Platform Economy? Small Steps, So Far
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  5. V. Preserving or Transforming the Financial Structure of Social Security Systems in a Context of Ageing?
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  6. VI. Conclusion
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2. Authors:
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  1. I. Introduction
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  2. II. Financing Social Security: Main Principles
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  3. Authors:
    1. 1. The Premises: The Mettling Report and the France Stratégie Report
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    2. Authors:
      1. a) First Attempt: Law on Work, Modernising the Social Dialogue of 2016
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      2. b) Second Attempt: Law to Choose One’s Professional Future of 2018
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      3. c) Law on Mobilities of 2019
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  4. Authors:
    1. Authors:
      1. a) Bed and Breakfast
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      2. b) Furnished Tourist Accommodation
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    2. Authors:
      1. a) Bed and Breakfast
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      2. b) Furnished Tourist Accommodation
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  5. V. Anti-Fraud Measures: New Forms of Control
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  6. VI. Conclusion
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3. Authors:
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  1. I. Introduction
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  2. II. New Forms of Employment
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  3. Authors:
    1. 1. The Constitutional Framework of Social Protection
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    2. 2. Benefits Included in the Social Protection System and Personal Scope
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    3. 3. Taxes and Contributions Foreseen for Financing Social Protection
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  4. Authors:
    1. 1. General Tendencies of Development of Social Protection
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    2. 2. Shortcomings in Health Insurance Cover
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    3. 3. Unemployment Benefits – Access for the Privileged
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  5. Authors:
    1. 1. What is an Entrepreneur Account?
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    2. 2. Necessary Social Security Protection (Example: Health Insurance)
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    3. 3. Entrepreneur Account – Sufficient for Social Protection?
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  6. VI. Conclusion
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1. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Platform Work
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  3. 2. Platform Work Compared to Standard Work
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  4. Authors:
    1. 1. What is “Work”?
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    2. 2. Who is the Employer?
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    3. 3. Irregular Work Patterns
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    4. 4. Virtual Mobility of Platform Workers
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  5. Authors:
    1. 1. The Recommendation as a Concrete Outcome of the European Pillar of Social Rights
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    2. Authors:
      1. a) Formal Access
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      2. b) Effective Access
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      3. c) Adequate Benefits
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      4. d) Transparent Access
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  6. Authors:
    1. 1. Platform Work: Self-Employment or Wage-Earnership?
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    2. 2. Low-Income Groups Covered by the Guarantee of Adequate Benefits?
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    3. 3. What is a Professional Activity and What is Not?
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  7. VI. An Alternative to Benefits Harmonisation: Towards an EU Financing Fork?
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  8. VII. Conclusion
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2. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. The Objective
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    2. 2. Two Paradoxes
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  3. III. Distinctive Definitions
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  4. Authors:
    1. 1. Impact of Qualification to Collision Rules
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    2. 2. Rules on Marginal Activity
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    3. 3. Minimum Coverage for a Legislation to be Applicable?
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    4. 4. Only Voluntary Insurance for Non-Standard Workers?
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  5. V. Equality of Treatment
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  6. VI. Aggregation of Periods
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  7. VII. Export of Benefits
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  8. VIII. Conclusions and Proposals de lege ferenda
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3. Authors:
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  1. I. Introduction
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  2. Authors:
    1. 1. Relationship of Platform and Work Status
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    2. 2. Labour-Related Tax Incentives for Platforms
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  3. III. Tax Issues and Employment Relationship: National Responses
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  4. Authors:
    1. 1. Double Tax Treaties and the OECD MC
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    2. Authors:
      1. a) Carrying out Activities “Independently”
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      2. b) Taxable Person
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      3. c) Economic Activity/ Income Definition
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    3. 3. Enforcement and Collection
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  5. V. Conclusion
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