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International Journal of Labour Research • Volume 11, Issues 1-2 (2022)
New wine in old bottles: organizing and collective bargaining in the platform economy
largest Dutch union, the Federation of Dutch Trade Unions).
2
These strategies can build
on experiences with mobilizing non-standard workers, such as opening up membership
to solo self-employed workers or particular occupational groups, such as artists.
Trade unions defend platform workers’ interests by leveraging power in relation to
other stakeholders, in line with the logic of inuence as postulated by Vandaele (2018).
In that sense, the emergence of legitimate actors on both sides of the negotiating table
can facilitate collective agreements and deals. Employer organizations that group online
platforms can be helpful in settling sectoral or multi-company agreements, as opposed to
more fragmented rm-level bargaining, thus extending coverage. For instance, negotiations
between 3F Transport and the Danish Chamber of Commerce established a national sectoral
agreement for delivery riders for 2021–23, with the potential to cover multiple platforms.
A growing number of national collective agreements negotiated by unions with these
high-tech multinationals testies to the ecacy of “old” instruments. Nevertheless,
experimentation has been introduced in the form of, for example, cross-border agreements,
such as those between German-based Delivery Hero and the European Federation of Food,
Agriculture, and Tourism Trade Unions in 2018, establishing an SE (Societas Europaea –
European Company) works council with representatives from each European country where
the platform operates.
Trade unions have also tended to engage in legal action which, in most cases, is related
to the employment status of platform workers. Litigation is more widespread in countries
where there are important gains regarding minimum wages, paid leave and other
protections attached to achieving legally recognized employment status, as well as where
it is a prerequisite for entering formal negotiations (Vandaele 2018; Johnston and Land-
Kazlauskas 2019). Legal challenges can generate leverage over platforms especially where
workers’ bargaining power is too low to pursue other routes, but also where new provisions
specic to platform work have been introduced, such as the so-called “Riders’ Law” in Spain
(Law 9/2021), and where platforms are failing to comply.
Despite many successes of platform workers and their associations in winning legal battles,
the legal route has its limits in that judgments may conict, yield different outcomes in
different jurisdictions or be appealed, which increases uncertainty for workers. In that
respect, international labour standards and regulation of the platform economy have the
potential to provide a more coherent and consistent reference for national policies across
different jurisdictions, especially in view of the cross-border activity of many platform
companies. This direction has been pursued at EU level – although, admittedly, it does not
yet encompass all aspects of decent working conditions – with a proposed directive on
improving conditions in platform work.
2
Many examples of organizing cited here are described in more detail in the Digital Platform Observatory
(https://digitalplatformobservatory.org/), a joint initiative of the European Trade Union Confederation (ETUC)
Brussels, Belgium, the Institut de recherches économiques et sociales, Noisy-le-Grand, France and Association
ASTREES, Paris, France, funded by the European Commission.