BREAKING on #gigwork #crowdwork! The Federal Labour Court of Germany just decided that even #mikrotasks can establish a working relationship with the #platform. Of course, a question of the individual case. (Thread)
Similar to other courts in the #EU in judgements on #Uber, the Court statet that the "commitment to instructions" which the german #Laoburlaw requires, does not drop out because no working hours are fixed and threre is no contractual obligation to work at certain times and places
However, the court recognizes - and this is groundbreaking for German labour law - that the platform´s #ratingsystem and the elements of #gamification (levels with payraise) do cause the crowdworker to become continuously active!
That was exactly my criticism of the decisions of the lower instances. The Court has now opened the doors to include #digital control in the assessment of whether crowdworkers are workers - and receive the protection of labour law.
There is just a press release of the judgement so far. More details to come. Great news!
@JeremiasPrassl @ThorbenAlbrecht @_aloisi @TowardsFairWork @DontGIGUp2 @pieraloi @TechWorkersBER @IGMetall ...
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