I think the problem with a lot of these gig economy services is that they are often pumped by VC/PE money in an attempt to generate monopolies by over-capitalizing. If we got rid of that dynamic (which is a difficult problem) then this disappears. If there are a hundred different Ubers, operating in different cities, then gig workers are put in a better position to bargain by selecting a service to use.
The cost here is that the customer is inconvenienced; a single app with a single payment system seems like a better deal. But distributing this responsibility actually makes the overall system more robust and leads to interesting solutions throughout the stack, rather than converging on whatever terrible systems have been hard-coded by the over-capitalized market leaders.
The customer demand (customer being the drivers) tells a completely different story of people being more productive than legacy taxi systems by taking responsibility themselves.
I think a lean "gig economy" without the full load of bureaucracy is largely positive and really dislike how it is torn down here in Europe...
Responsibilities like the value depreciation of their vehicle, or paying for sick leave and time off.
Full time employment provides strong protection against unexpected illness. The gig-economy doesn’t.
Companies like Uber seem to prey on large pools of semi-innumerate drivers who either don’t realise they’re operating a loss and too desperate to care.
The result is your productivity gains, which only exist because some of the costs simply aren’t accounted for and ignored. These aren’t real productivity gains, that’s just socialising costs and clever accounting to justify it.
Without hard data this is just a far fetched claim. You are implying that „a large part“ (how large?) people are too dumb to make this decision for themselves. Even though I do not doubt that these people exist, what is the relative threshold where all others should be restricted by rules made for that geoup? Also I would argue that there is a learning effect if someone notices he operates at a loss and can learn from others who are making a profit. This might be very valuable in fighting „learned helplessness“. But as you might notice: I am always in favor of doing things the hard way, with short term pain than obfuscating the price signals for short term ease only compensating the symptoms.
I think it's ambiguous too. Though I disagree with the criteria set by this court, I'm not entirely sure on what the right criteria is. I think Uber play a line between employment and self-employment to keep it ambiguous, and I certainly agree it's to make sure they don't have to provide full employment benefits to their drivers, but I still think the classification/distinction is tricky.
If drivers are indeed employees, as I mentioned in my other comment, I think Uber gain a lot of rights over their drivers that they don't currently have.
Cab drivers have to receive a public license from the city to work in that city (and can only have one)
They can't decide the price, which is fixed according to some rules and are all the same for every cab in the city
The shouldn't sell the licence even if most of them do (gray legal area)
But they are not considered employees of the city but as freelancers
How do they "negotiate" the price?
They try to follow the most rewarding route for them and, unless the customer knows which is the fastest route, they get away with it
I'm not a fan of the gig economy either, but Uber drivers look to me are willing to work at their rules, their hours and on the gigs they like, which is different from what we consider being regular employees in Italy
- The rates are rather high, so the e.g. the costs for the car are taken into account and still the driver earns a decent living
- The city does not take a significant share of every fare paid
As long as the system is somewhat balanced and no turbo capitalism exploiting drivers in a weak position nobody tries it up to the supreme court. (In the US the legal system is less balanced, so I don't think Uber drivers would make it to the supreme court, not even dreaming of getting a similar verdict.)
I don't think that's really a relevant argument to whether they should be classified as employees. Huge segments of the economy have already fallen apart, and more will fall apart in the future.
Their model is to be a gatekeeper to customers via their platform - if they are successful, none of those blue collar workers trying to climb out of underemployment will have a chance at running a small ride business, because only large platforms have access to customers.
If everyone suddenly becomes a freelancer, companies are free to push externalities onto society because there will be enough people willing to take the hit to their rights/benefits for any kind of employment. It's a race to the bottom that benefits only the company that has access to the customer base.
We have to choose whether we want that or not.
In the cake example, a baker absolutely could attempt to negotiate for chocolate. They might not "win" the negotiation, but they have the option.
Edit - in the taxi driver (traditional taxi in US), I'd argue that most of them should be employees too. Sometimes they are employed directly by "Acme Cab" or whatever. But, in the case of the local airport taxi company (Washington Flyer), the company has a monopoly on airport transport, but drivers are independent contractors - this always struck me as a very lopsided and questionable arrangement. If a driver wants to pick up at Dulles, they have to contract for Wash Flyer at fixed rates, renting a company car, etc.
And I'll freely admit this all can be a bit ambiguous. And that I'm not a fan of the "gig economy" in general - I'm convinced corporations are using it to reduce wages and benefits and effectively foist the cost of those lower wages/benefits on society as a whole.