Developments in the technological field have not only changed and transformed socioeconomic life, but also brought about the emergence of different ways of working in different sectors. In this regard, digitalization not only enables products and services to be cheap and easily accessible, but also paved the way for the change of the employer-employee relationship established within the framework of the classical employment contract.
Digital platforms, defined as digital markets that enable supply and demand to come together, have enabled the emergence of new forms of employment. Unlike the classical business relationship, digital platforms, in addition to performing the act of doing business, also serve as a bridge between those who benefit from the service and those who perform the service. Platform works, which differ in this aspect, contain some features that cannot be defined as a classical employment contract.
In platform studies, which transform services from various sectors such as courier, private tutoring and software into digital services through a platform and thus allow supply and demand to meet in the digital field, there is a relationship between three actors: customer, platform provider and employee.
Platform work carries; While features such as the work being done in a place other than the workplace, the employee being free regarding working hours and manner, communication between the parties and/or the performance of the work being provided through information and communication technologies are similar to telework; Features such as the existence of a three-way relationship and the existence of a structure that acts as a bridge between the employee and the end user benefiting from the workforce are similar to a temporary employment relationship.[1] However, despite all this, the unique structure of platform work prevents it from being considered within the scope of some regulations in the Labor Law.
It should be noted that there is no legal regulation in Turkish law regarding platform work and platform employees. Additionally, there is no decision given by Turkish courts regarding the issue. While there are countries that have made legal regulations on the subject at the international level, the number of countries that have not yet made any regulations on this issue is quite high. Therefore, it can be said that there is currently no consensus on the legal status of platform activities.
Platform workers argue that they should be considered as workers and want to be subject to the provisions of labor law for workers. On the other hand, platform providers claim that they are intermediaries that bring supply and demand together. According to platform providers, since platform workers are independent contractors, they are not subject to the provisions of labor law regarding workers. The important issue for this discussion is the presence of the dependency element in the relationship in question, which is one of the essential elements of an employment contract. If the existence of an element of dependency in platform work is accepted, the labor law’s regulations regarding workers will be applicable to platform workers, since the employment relationship in question will be considered as a work obligation performed within the scope of an employment contract. However, if it is accepted that the element of dependency does not exist, then platform workers will be considered independent workers and will not be able to benefit from the regulations in labor law in favor of workers.
A platform appoints the employee who will perform the service through an algorithm, determines the qualifications of the service to be performed and gives orders and instructions to the employee in this regard; When it is determined that it has the authority to decide, collect and pay the wage and can even impose sanctions in case of negative behavior of the employee; The claim that this platform only carries out intermediary activities would be inappropriate.[2] In other words, in this case, since the existence of the dependency element will be accepted, it will be possible to talk about an employment contract in the classical sense.
As can be seen from the explanations so far, there are generally two different views regarding the legal status of platform works. The first of these is the view that platform works should be considered independent work due to many aspects similar to independent work. According to this view, there is no wage guarantee, expenses and many costs are covered by the employee, the workplace and working hours are determined by the employee, the employee bears the profit opportunity and risk of loss, the work is done as a rule without orders or instructions, and the directives given are generally only economic in nature. Platform employees should be considered independent employees due to characteristics such as responsibility and decision-making power resting with the employee.
According to the other view, platform workers should be considered workers. Since the elements of wage, employment and dependency, which are the essential elements that make a contract into an employment contract, are also present in terms of platform works, it should be accepted that the employment relationship in question is based on an employment contract. According to this view, although the digitalization brought by technology has made the structure of the employment contract more flexible, the employee-employer relationship established by the employment contract continues to exist. For example, in platform studies, giving detailed instructions to employees regarding the way the work is done, the platform providing the necessary equipment to perform the work, imposing obligations regarding the employee’s entry and exit times to the platform system, fixed payment, sick leave, non-competition and exclusivity agreements, constant supervision of the employee with the created algorithms.[3] Features such as evaluation by customers and the fact that platforms have the authority to impose sanctions on employees reveal that the relationship is a business relationship based on an employment contract.
Another view is that regarding the legal status of platform workers, worker-like employment status should be brought into the legal realm through legal regulations, just like in countries such as Spain and England. However, this view is a minority view in Turkish law.
As a result, considering the diversity of platform studies, it does not seem possible to establish a general regulation for all types of studies. So much so that, while in some platform studies, the element of loyalty to the employer comes to the fore, in others, the employee’s ability to work independently is more prominent. Therefore, the regulations to be made on the subject both in Turkish Law and international legislation will be shaped around these two views.
It should be noted that introducing concrete event-based evaluation criteria to determine the quality of platform work through legal regulations, instead of general provisions applicable to all kinds of platform work, will allow employees to prevent loss of rights. As a result of an evaluation in accordance with the criteria to be introduced through legal regulations, the courts may decide in each concrete case whether the work in question is independent work or work based on an employment contract.
REFERENCE
Simge Arslantaş, PLATFORM ÇALIŞMASI VE PLATFORM ÇALIŞANLARININ HUKUKİ STATÜSÜ, Master’s Thesis, 2024
Labor Law and Related Legislation
[1] Simge Arslantaş, PLATFORM ÇALIŞMASI VE PLATFORM ÇALIŞANLARININ HUKUKİ STATÜSÜ, Master’s Thesis, 2024
[2] Simge Arslantaş, PLATFORM ÇALIŞMASI VE PLATFORM ÇALIŞANLARININ HUKUKİ STATÜSÜ, Master’s Thesis, 2024
[3] Simge Arslantaş, PLATFORM ÇALIŞMASI VE PLATFORM ÇALIŞANLARININ HUKUKİ STATÜSÜ, Master’s Thesis, 2024