영국노동법의 인적 적용범위와 플랫폼 노동
The Personal Scope of the UK Labour Law and Platform Work
- 발행
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개념
키워드
영국 노동법, 인적 적용범위, 근로자, 노무제공자, 우버, 임시노동, 플랫폼 노동, Casual Work, Platform Work, Employee, Worker, Uber, Personal Scope of Labour Law, UK Labour Law
초록
This article looks at how platform work is regulated in the UK labour law. What it paid attention to is that the personal scope of UK labour law varies among individual statutes of labour law and even among sections of an individual statute. Overall, UK labour and social security law has 5 categories of protected working people including employee and worker, This article puts its focus on whether, and, if any, how those working through on-line platform are protected according to such categories.
 Recently UK courts had to deal with the issue whether or not those working through on-line platform, such as Uber drivers and food deliverers of Deliveroo, are protected under relevant labour law. They are hardly treated as employees mainly on the grounds that their arrangement with a platform supplier lacks mutual obligation, which is required in order for the arrangement to be a contract. However the courts upheld that protection of both minimum wage and working time apply to Uber drivers since they are workers. Although the court denied mutual obligation of their engagement in relation to periods between individual assignments, it acknowleged such requirement in relation to periods