Browsing by Author "Tamlander, Matias"

The thesis studies approaches to regulating algorithmic management proposed by the European Commission in the Platform Work Directive (PWD) and the Artificial Intelligence Act (AI Act). Widely used in the context of digital labour platforms, algorithmic management strategies are finding their way to regular workplaces, raising legal and ethical questions on the acceptable use of algorithmic management where it affects working conditions of employees and self-employed workers. The thesis answers two main research questions and one follow-up question. Firstly, the objective of this thesis is to critically assess the limits of EU competence to regulate algorithmic management protections to persons performing platform work through critical evaluation of the PWD’s legal basis. Here, the thesis presents that the chosen legal basis for algorithmic management protections has proven controversial and the legislative technique incompatible with many Member State labour protection systems. Secondly, the thesis carries out an analysis on the interplay of the provisions of the PWD and AI Act where they relate to algorithmic management and critically analyses what implications the chosen transparency-oriented legislative technique has for the efficient protection of workers at large. In this regard, the thesis argues that the legal instruments are deregulatory in nature and tilted towards private interests at the cost of efficient worker protections and Member State competences. To conclude, the thesis examines what solutions there are to balance these legislative proposals and provides insights to the role of Member States and collective action in responding to the lack of integrity of algorithmic management regulation. It also provides assessment on how algorithmic management could be regulated in any future EU legal instrument to ensure efficient protection of workers’ rights.