DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2022, p. 16 – 37
Abstract
Employment and Platforms, viz. Self-employed versus Workers, that is the Question (or the Irresolvable Dilemma). Reflections about “Uber v. Aslam” of the UK Supreme Court.
The working activity provided via the platform economy has been the subject matter of a number of dicta, and such Court decisions have “sprouted” in different European countries. In this respect it is quintessential to peruse the latest UK judicial stances, based on the Employment Rights Act 1996 in its most recent version, amended in 2020. The analysis, kick-starting from the “Aslam” case, which at the moment epitomises the approach of the British “curia” in this area, sails towards the shores of the Continent and eventually “moors” in the Italian “harbours”, the Belpaese being a legal system where both Scholars and Courts have passionately cogitated on this legal conundrum. In the light of this, the contribution fundamentally deals with the area of the legal characterization of the new figure of the “gig worker” or “gig employee”, in a scenario where the new borders, signposted by the technology, seem to go farther and further than the pace of law. It goes without saying that this new futuristic painting may give a philosophical thrust to the jurists’ souls.