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From the magazine SZW-RSDA 4/2019 | S. 372-384 The following page is 372

Sharing Economy: Zur sozialversicherungsrechtlichen Beurteilung von ­Plattform-Beschäftigten

Grundsätzliche Überlegungen und Anwendung auf das Fallbeispiel Uber

Driven by digitalisation and the Sharing Economy, the way in which work is performed is changing. Platforms that provide work or carry it out themselves are becoming increasingly important, as are the associated unresolved legal issues. From the perspective of social security law, the question arises as to whether platform workers are self-employed or employed by platforms. Since all platforms have certain peculiarities that have not occurred in the analogue world of work before, certain criteria developed in practice are of little or no use to platform employees for this assessment. The authorities and courts are called upon to adapt their practice to the changed economic circumstances and to assess platform employees on the basis of suitable and appropriate criteria; otherwise, there is a danger that platform work in Switzerland will be prevented (possibly unintentionally) or unnecessarily restricted. Using the example of an Uber driver, we show how the income of a platform worker…

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