22/09/2021
A new doctor at the Institute for Labour Law
While the 2021 road world championship is happening now in Leuven, Mathias Wouters won yesterday his own “championship”, by defending his doctoral dissertation entitled “International labour standards and platform work: an analysis based on the instruments on private employment agencies, home work and domestic work”.
A beautiful coincidence was that in the same day with the doctoral defence, the Amsterdam Court of Appeal legitimized the approach taken in his dissertation on the role of platforms as temporary work agencies, by recognizing that there was a temporary agency work agreement between the Helpling platform and the domestic workers (https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHAMS:2021:2741).
Overall, during the defence very interesting discussions emerged, which can be summarized as below:
1. The home work convention and its link with modern telework was discussed, by questioning whether this instrument can be relevant for telework as it is now, or whether it needs an update.
2. The role of IT specialists in looking for solutions for digital labour platforms: have lawyers perhaps reached the end of their possibilities and is it time for the problems to be approached from a different angle?
3. The role of the ILO in ensuring that decent work is embraced by enterprises.
4. The role of the ILO in the world of work in the 21st century: did the platform work dossier enabled ILO to claim its mandate in the 21 century, by proving that it is able to regulate new phenomena?
5. The limited autonomy of platform workers is caused by the disciplining effect of the market, rather than by high levels of centralized managerial control: can elements to fight the disciplining effect of the market be found in the three analyzed conventions and if so, who is liable to protect the workers?
6. What is work? When is an activity considered work in the platform economy? When do we know we apply the instruments and when not? Are those instruments ready for the 21st century?
7. The proposed EU instrument on the working conditions of platform workers: what kind of line of thought can be brought to it?
After successfully defending his dissertation, the team at the Institute for Labour Law wishes to Dr. Wouters a lot of success in his challenges ahead, which we are sure we will handle as a real “flandrien”.