First published in 1948, the International Social Security Review is the principal international quarterly publication in the field of social security.
Studies on the social protection of platform workers in Spain have focused on the bike couriers (or “riders”) who deliver meals to customers’ homes and whose services are used by some of the best-known platforms on the country’s social and economic scene. Most of these workers are covered by the social security scheme for self-employed workers. However, a Supreme Court ruling issued on 25 September 2020 reclassified the relationship between Glovo and its couriers as a contract of employment. This decision has changed the outlook for platforms and prompted the Spanish Government to regulate platform work in Spain. Nonetheless, the government ruling is limited to couriers, whereas, in reality, the issue is much broader. In this article, we look at the current reality of Spain’s platform workers vis-à-vis the social security system and the latest court rulings.
In the Netherlands, the social security rights of platform workers have still not been formally defined. At present, the level of social security protection accorded to all workers is derived directly from the labour law qualification. In the continuing absence in the Netherlands of specific legislation for platform workers, specifically as regards labour law and social security law, the existing legislation is steering. This means that the platform worker is either included using the status of employee with the corresponding extensive protection package, or the status of self-employed with limited social protection. For the majority of platform workers, this second option is applied to date. Nevertheless, recent developments point to possible improvements in the social security position of platform workers in the Netherlands.
This article compares social security coverage for the self-employed and for employees on digital platforms in Switzerland. It sheds light on the particularities that have acted to slow down the evolution of Swiss social legislation to the new emerging forms of work, and summarizes the solutions provided by case law. These solutions are still being fine-tuned, but lean towards the reclassification of contracts as salaried work. Finally, despite the hesitance of the Swiss authorities to take political steps to encourage these new forms of work, which offer significant economic potential, and while also seeking to prevent the risk of precarity in work, we discuss the options available.
In a changing world of work, platform workers struggle to gain adequate protection, and effective access to the benefits provided by the social security system form a part of this. Social security benefits in Romania are particular in that access is based on a person having a professional income, regardless of the legal status of the worker (subordinate or self-employed). As a rule, all workers are covered in the event of illness and changing family circumstances as well as for pensions. In contrast, coverage for self-employed workers for unemployment benefits, workplace injury and occupational disease benefits, paid leave in the event of illness, protection against the risks related to pregnancy or to care for a sick child is voluntary. Given the diffusion of platform work, the article addresses the specific situation of platform workers in Romania, formally covered by the social security system, but who face obstacles related to eligibility criteria, administrative formalities, the risk of the automatic termination of work and intermittent work patterns.
Platform work confronts traditional social security law in two dimensions. First, it makes the distinction between dependent and independent work uncertain and unclear, as the borderlines between these blur. This is a profound challenge for social security law, because the criteria of dependent and independent work have to be precise. In the determination of work as dependent or independent, German law illustrates that a shift has taken place in determining employment status, moving from external and objective criteria to the contracting parties’ decision, which is to be executed under private law, but also respected under social security law. Second, platform work is heavily intertwined with digital communication, which has established a global environment for communication. Thereby, platform work can also facilitate international trade by making transnational work more accessible and efficient. Therefore, it seems necessary to examine the implications of platform work in international law. International law makes possible the choice of law, executed by the contracting parties. As a consequence, the protection of employees by social security law is related to the private law arrangements between the service provider and the service recipient. Gaps in social security protection of service providers are widespread. In many countries, awareness of the social protection deficits of platform workers has grown and responses to improve the social status of platform workers have come under scrutiny. Analysis reveals that there is a joint responsibility of the service provider and the service recipient to be bound to social security coverage under the same national legislation. Nevertheless, from an international law perspective, it is shown that reforms are confronted with restrictions under international law.
Are online platform “workers” in Denmark effectively and adequately protected against social and labour market risks? This article discusses this fundamental issue in the context of the Danish labour market, which is known for having high levels of job insecurity but a rather generous social security system. The article finds that the Danish statutory social security system provides a necessary cushion against risk, but also identifies gaps in protection, which brings into question the system’s effective coverage and the adequacy of benefits.
This article highlights the debate on social security regimes applicable to platform workers in Italy. As social security regimes differ according to the type of employment or self-employment relationship, Italian case law dealing with platform workers’ employment status will be illustrated. Italian legislation, case law and collective bargaining on health and safety at work will then be presented, clarifying the coverage to which platform workers are entitled in the event of accidents at work and occupational diseases, with a focus on the COVID-19 pandemic impact. In turn, the two main Italian minimum income schemes and the related scholarly debate will be outlined, as well as their impact on the ability of digital labour platforms to avoid their responsibilities as regards workers’ rights, including access to adequate social protection.
This special issue of the International Social Security Review addresses the important topic of social protection for digital platform workers in Europe. The special issue highlights the risk that social protection systems may be largely undermined by a decline in social solidarity in favour of individualism, the partial or full privatization of social security, and a reduction in protection levels, all as a result of the emergence of digital platforms and the support they receive from legislators in most countries.
Addressing the social protection of platform workers, the French legislator in 2016 and then in 2019 made moves to incorporate these workers into the general social security regime with regard to certain covered risks (work injury and occupational diseases), and to improve adequacy (enabling possible access to complementary coverage). However, these moves rest on radically opposed perspectives. Rather than reasserting the legal responsibility of the employer vis-à-vis workers’ health and safety, we see responsibility placed with the platform, but only on a voluntary basis under the aegis of corporate social responsibility. This risks fragmenting social benefits, to be determined by each platform, thus weakening the practices of mutual protection and risk pooling among enterprises and workers that lie at the heart of social security. In doing so, the legislator has broken the link that had as its historic objective the goal of social inclusion and has encouraged in different ways the privatization, or a re-commodification, of social security in the commercial interest of private insurance companies. Moreover, this has been done using the Trojan Horse of the French labour code. This approach is in contrast to the converging position of international organizations, such as the European Union, International Labour Organization or the Organisation for Economic Co-operation and Development, recommending that States establish a right to social protection for all atypical workers and non-salaried workers. Instead of identifying the common challenges that face workers who work for platforms, and offering responses specific to their situation, rather, it considers platform work as one of the new forms of atypical work undertaken by those who may have the status of employee or self-employed.
The right to social security is enshrined in article 23 of the Belgian Constitution. It is the role of the legislator to implement it, to guarantee the right of all to lead a life in accordance with human dignity. Studies show that platform workers face major difficulties in terms of social protection. The aim of this article is to highlight the limits of existing legislative provisions regarding their ability to implement the fundamental right to social security for platform workers. With regard to these legislative provisions, we are interested in both the general regulations that shape the Belgian social security system and the recent measures adopted by the Belgian legislator with regard to the so-called sharing economy. An analysis of these provisions reveals that a number of platform workers are excluded from social security, both de facto and de jure. At the very least, this raises the question of whether the Belgian legislator is complying with the positive obligation to fulfil the constitutional right to social security for platform workers, and the negative obligation, at least, not to undermine it.
The Chinese social security system has been the subject of numerous publications, which have made policy developments more accessible to researchers and administrators from all countries. However, the steps introduced in response to growing demands for intervention by the authorities in favour of dependent persons have remained poorly documented in the international literature. The purpose of this article is to take stock of pilot experiments in this field since the beginning of the 13th Five-Year Plan (2016–2020) with regard to their policy objective, operating mode and financing modalities.
This article reviews administrative issues in the context of decentralized social protection in China. In particular, what are the main obstacles for expanding social insurance coverage for workers in the informal economy? Over the last two decades, China has achieved remarkable progress towards universal social protection when this target was set as a national policy priority. However, the social insurance enrolment of informal economy workers still lags significantly behind. This article reviews the application of the International Labour Organization’s definition of informality in the Chinese context and overviews existing pension and health insurances in China. This article discusses the impact of China’s inter-governmental fiscal relations and decentralized social protection in the multilevel government system. The article highlights that under a system of decentralized managed social insurance many informal sector workers choose to opt out of the system because of low benefits and high compliance costs. This result in deficits in social insurance coverage amongst informal economy workers.
This article examines the sustainability of China’s Urban Employees’ Pension Programme – the main component in China’s overall old-age support system. It looks at the sustainability of the programme generally and, in particular, at case studies of two areas (Tianjin municipality and Guangxi province) to highlight both the extent of regional variations and the common challenges facing Chinese policy-makers. It discusses a number of key issues that should assist policy-makers to address the challenge of population ageing. It concludes that the challenge facing China is no more severe than that already faced by other countries in Europe and Asia. Moreover, the ageing of the population is not uniform across the regions of China. Consequently, those areas where the demographic shift is more advanced will provide some opportunity for policy experimentation. Given the experience to date of slow progress on various aspects of pension policy reform, the article suggests that it seems unlikely that paradigmatic change will be significant. Nonetheless, the study suggests a range of parametric policy measures that should be considered by China. The challenge facing China’s policy-makers is to ensure that China gets old and rich at the same time.
China has made a number of major changes to its pension system in the period 2014–2020, and is in the process of establishing a multi-tier old-age pension system, consisting of programmes provided by the government, voluntary programmes provided by enterprises, and voluntary programmes established by individuals. Policy objectives are to reduce the fragmentation in its pension system; deal with population ageing; and diversify risks by involving the government, enterprises as well as individuals. This article shows that while China has a complex system for urban workers, the coverage provided by its multi-tier system is uneven, with the second and third tiers being in the early stages of development.
Achieving universal pension coverage is both an aspiration and a challenge for many developing economies. Traditional contributory schemes are less effective in extending pension coverage to workers who are not in the formal sectors of the economy. As an alternative, non-contributory schemes have gained popularity in recent years. China’s pension reforms mirror this global trend. The introduction of a contribution-based pension scheme for urban employees (Employees’ Pension) was followed by a scheme for rural and urban residents (Residents’ Pension), which is partly government financed and partly contributory, with multiple options for premium payment. This study uses nationally representative survey data collected in 2016 to compare the inclusiveness of the two schemes. It finds that access to the Residents’ Pension scheme is more equal than the Employees’ Pension. Lower status workers in terms of education, employment, income and hukou-migration are more likely to participate in the Residents’ Pension as opposed to the Employees’ Pension, compared with higher status workers. The Chinese experience suggests that a workable solution for pension extension in low- and middle-income countries is to have a scheme that is flexible, affordable and responsive to the diverse needs of the population.