In New York [USA], unions representing people working as Platform Delivery Partners have launched a “Just Cause” campaign. They are demanding that delivery partners be covered by a law prohibiting the dismissal of someone without just cause. This law was implemented in 2019 for all New York City restaurant workers. This law prevents employers from arbitrarily firing employees. They must always provide a reason, which cannot be trivial. This prevents employers from retaliating against employees who speak out about health and safety risks, harassment, discrimination, or wage theft at work.
In the case of Platform Delivery Partners, a termination is simply the deactivation of an account. It almost always occurs without any justification and is decided by the Algorithm. For those for whom working for the Platform is their primary source of income, such a decision is simply life-changing. But not only does the employee not know the reason, but they also have no right to appeal it.
Polish law has a fundamental principle: nullum crimen sine lege, nulla poena sine lege (no crime without a law, no punishment without a law). This means that if a law has not been promulgated, it does not exist. Will we ever see this fundamental principle of law also apply to platforms operating in Poland?
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