Discrimination in the area of self-employment. Reflections from the Frank Algorithm

Abstract

Starting from the analysis of the order of the Tribunal of Bologna that has applied the prohibition of anti-union discrimination to Deliveroo’s riders, the Authors examine if and to what extent self-employed people enter in the scope of antidiscrimination law. In order to decipher the fragmented and incomplete legal framework, they suggest a systematic interpretation of the national legislation, taking into account both EU law, the ECHR and the ILO sources. In the final part, the application of antidiscrimination law to self-employed is further motivated by the examination of the recent proposals implementing the European Digital Strategy.

Keywords

• antidiscrimination law
• self-employment
• trade union rights
• algorithmic discrimination