Limits of Civil and Labour Liability for Damage when Performing Work in Digital Platforms

Abstract

The paper deals with the issue of the civil liability and the labour liability in connection with the performance of work in digital platforms. The author offers an overview of the presented issue after having taken into account the general principles of the phenomenon called the collaborative economy. However, he does not assess the collaborative economy as an isolated phenomenon, but analyses it in relation to the controversies it creates in legal relations, with a special emphasis laid on the nature of the liability relationships that arise in connection with it. The correct assessment of the nature of the liability relationships arising in connection with the performance of work in digital platforms has a fundamental impact on whether the resulting relationships will be assessed in accordance with the intentions of the Civil Code or the Labour Code, as well as on the fact of which subjects will be responsible for the damage, to whom they will be responsible and to what extent they will be responsible for the damage caused. The paper results in reflections on the possibilities of improving the current legal regulation in the subject area.

Keywords

• civil law
• labour law
• collaborative economy
• liability
• employee
• worker
• employer
• dependent work
• subordination
• nature of work
• the slovak republic