Social Protection of Digital Platform Workers under Norwegian Law

Authors

  • Tine Eidsvaag Faculty of Law, University of Bergen

DOI:

https://doi.org/10.15290/eejtr.2021.05.02.03

Keywords:

digital platform work, concept of ‘worker’, employment law, social insurance law, Covid 19-pandemic

Abstract

The main aim of this article is to investigate some encounters between the Norwegian system of economic risk-pooling for labour engaging individuals, and the emerging digital platform economy. The author argues that Norwegian labour and employment law, as well as social insurance law, may fall short in alleviating the economic strains of the typical digital platform worker in cases of loss of income. This is partly due to legal classification: Where Norwegian labour and employment law operates with two categories of labour engaging individuals: employees and non-employees, Norwegian social insurance law includes three categories: employees, freelancers, and self-employed persons. Employees are entitled to the most comprehensive and high-level coverage of income losses. The legal status of digital platform workers is basically unclear, and they may belong to each of the three categories, depending on contract terms. It is also argued that the Covid 19-pandemic has reinforced the differences between salaried, full-time, employees, and atypical workers such as digital platform workers. The compensation measures issued by the Norwegian state to cover income losses in relation to the pandemic did not meet the needs of the typical – freelance – digital platform worker to the same extent as those of undertakings and ‘traditional’ employees. The article suggests some measures to clarify the legal position and to give a better coverage for digital platform workers in cases of loss of income.

References

Hjelmeng, E. (2016). The Concept of an «Undertaking» – On the Borderline between Labour Law and Competition Law. In B.J. Mulder, M.J. Hotvedt, M. Nesvik & T.L. Sundet (Eds), Sui Generis: Festskrift til Stein Evju. Oslo: Universitetsforlaget, s. 316-326.

Hotvedt, M.J. (2016). Arbeidsgiveransvar i formidlingsøkonomien? Tilfellet Uber. Lov og rett, 55(8), 484–503. https://doi.org/10.18261/issn.1504-3061-2016-08-03

Hotvedt, M.J. (2018a).The contract-of-employment test renewed, A Scandinavian approach to platform work. Spanish Labour Law and Employment Relations Journal, 7(1-2):56. http://dx.doi.org/10.20318/sllerj.2018.4436

Hotvedt, M.J. (2018b). ARBEIDSTAKER – QUO VADIS? Den nyere utviklingen av arbeidstakerbegrepet [Employee – quo vadis? The newer development of the concept of employee], Tidsskrift for Rettsvitenskap (1), 42-103. http://dx.doi.org/10.18261/issn.1504-3096-2018-01-02

Hotvedt, M.J. (2020a). Kollektive forhandlinger for oppdragstakere? Rekkevidden av adgangen til å forhandle tariffavtaler i lys av internasjonal rettsutvikling [Collective bargaining for contractors? The scope of the right to conclude collective agreements in the light of development in international law]. Arbeidsrett, 17(1), 1-44.

Hotvedt, M.J. (2020b). Protection of platform workers in Norway Part 2 Country report. Nordic future of work project 2017–2020: Working paper 09. Pillar VI. Fafo 2020. https://www.fafo.no/images/pub/2020/Nfow-wp9.pdf

Jesnes, K. & Oppegaard S.M.N. (Eds) (2020). Platform Work in the Nordic Models: Issues, cases and responses’, Report from the project ‘The Future of Work, Opportunities and Challenges for the Nordic Models’, Nordic Council of Ministers. http://dx.doi.org/10.6027/temanord2020-513

Downloads

Published

2022-02-20

How to Cite

Eidsvaag, T. (2022). Social Protection of Digital Platform Workers under Norwegian Law. Eastern European Journal of Transnational Relations, 5(2), 35–48. https://doi.org/10.15290/eejtr.2021.05.02.03

Issue

Section

Articles