Anadolu Üniversitesi Hukuk Fakültesi Dergisi

Abstract

One of the most essential effects of digital transformation on labour law is the emergence of digital platform works. In digital platform works, platforms position themselves as matchmakers or communication platforms, i.e., intermediaries, rather than employers. In our study, we discuss the neglected aspect of digital transformation in labour law about the concepts of “invisible labour” and “mechanical dehumanization”. In this way, it will be revealed that many platform business models on digital platforms are designed to hide the reality behind them and the element of addiction will be evaluated in digital platform studies. In digital platforms, business risk is consciously transferred to platform employees. In this case, it is not accurate to characterize them as independent employees on the basis that the business risk is assumed by the employee. Although platform employees, who are claimed to assume the business risk, should benefit from the advantages of being an independent employee, the business risk is “transferred” to the employees through the platforms. Although the platform employees who allegedly assume the business risk should benefit from the advantages of being an independent employee, the business risk is "transferred" to the employees through the platforms. Therefore, the platform employees should be presumptively deemed workers, as the business risk is assumed involuntarily and not of their free will. In our study, while determining the legal status of platform employees, the concepts of invisible labour and mechanical dehumanization are defined using the explanatory method, and the element of dependency in the employment relationship is discussed using the typological method and comparative law method.