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• The Right to Equal Treatment and Platform Work with Particular Regard to the Evaluation of Platform Work

  26-38

  Adrienn Hadady-Lukács

  Views:

  194

  The digital transition has a fundamental impact on everyday life, including the world of work. While working through digital work platforms offers numerous opportunities, it also presents several challenges regarding platform workers’ rights. The paper focuses on platform workers’ right to equal treatment and aims to review the questions and challenges that arise regarding the evaluation of platform workers by consumers. The legal problem is not caused by taking consumer feedback into account per se, but by the fact that the platform relies on such consumer feedback in a different manner and to a different extent than would be the case in traditional employment. Consequently, consumer evaluations and ratings raise several questions regarding the reliability and legality of such feedback. 

• The Contractual Framework of the Exploitation of Workers by Employers, in the Light of the First Hungarian Platform Case

  135-151

  Bernadett Solymosi-Szekeres

  Tamás Prugberger

  Views:

  163

  In the first part of the paper, the authors distinguish between two main forms of working contracts: the traditional one and the one established through an electronic platform. In both cases, if the work is of a fixed (contingent) or more informal nature, an employment relationship exists. The former is a typical employment relationship, while the latter is atypical. Suppose the long-term client/agent becomes an employer and the dependency on it is even looser. In that case, the employee may become a permanent contractor/agent, but this is different in substance from the ad hoc contractor/agent relationship. It should therefore be regulated separately in the Civil Code, together with the employment contract. In the second part of the paper, the authors analyze a judgment in a lawsuit concerning a courier service for the delivery of food through an electronic platform intermediary, in which the Supreme Court ruled that the courier service provider was in a contractor/agent relationship and not in an employment relationship, as qualified by the Court of Cassation. However, the authors argue that the Court of Cassation’s position is also acceptable, which would allow for the classification of dependent self-employment arising from a formal self-employment.