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Platform workers and social security: assessing EU social policy

European Union
Social Policy
Social Welfare
Comparative Perspective
Empirical
Member States
Penelope Hardy
University of Tokyo
Penelope Hardy
University of Tokyo

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Abstract

The consideration for social security rights of platform workers (PWs) is rising amongst EU member states. At the EU level, PWs are also a current topic amongst social policy. In their contributions to the subject, authors have raised concerns regarding the protection of this category of workers. From a broader standpoint, PWs fall within the overarching category of non-standard workers (NSWs). The focus of this study is guided by a comprehensive research initiative on the social security needs for NSWs in France, the Netherlands and Japan (“Modelling social protection for non-standard workers: a comparative and systematic legal analysis” JSPS Standard Fellowship, 2024-2026, The University of Tokyo). In this context, the proposed paper undertakes an analysis of the EU's renewed social policy agenda, interrogating its efficiency and the means by which to assess the new rights and resources it seeks to provide, as outlined in the abstract of the section 15. Moving from these questions, the paper focuses on the question of whether EU social policy provides an adequate response to the rising concerns for PWs' social security rights. It is therefore proposed that an assessment of EU social policy concerning PWs, as well as social security reforms, be conducted in light of the identified needs of PWs regarding their social security protection. The present study hypothesises that, notwithstanding existent policy (or forthcoming policy) regarding social security or PWs, their needs remain inadequately considered. The research question will be addressed through a systematic analysis, as a method belonging to the empirical legal study, and a comparative legal analysis of the French and Dutch situation. The evaluation will be conducted using two categories of indicators: firstly, the characteristics of NSW, and secondly, the social security needs of PWs. These workers, as a type of NSWs, disclose particular attributes characteristic of NSWs. The utilisation of these characteristics as indicators has the potential to facilitate the implementation of policies that do not explicitly target 'platform workers', yet that could nevertheless be applicable to them. The identification of needs is captured by two-level indicators. Firstly, general indicators are identified from general trends in literature concerning the needs of PWs. An analysis of national law contributes to this. Secondly, precise and specific indicators are identified through the legal analysis of national social security law. For the purposes of this paper, the analysis will be conducted for a specific area of social security: work injuries. This choice has been made in light of the principal concerns raised by authors in France and the Netherlands. The first anticipated outcome of this analysis is methodological. The analysis proposes a framework for evaluating social public policy, whether at the EU or national level. Secondly, I aim to contribute to the ongoing discourse on the social protection of PWs by assessing the adequacy of EU social policy in targeting their needs and responding to them. To conclude, I propose a prospective reflection on the improvement of social security policy as an element of the welfare state.