Social Protection of Digital Platform Workers under Norwegian Law

Abstract

The main aim of this article is to investigate some encounters between the Norwegian system of economic risk-pooling for labour engaging individuals, and the emerging digital platform economy. The author argues that Norwegian labour and employment law, as well as social insurance law, may fall short in alleviating the economic strains of the typical digital platform worker in cases of loss of income. This is partly due to legal classification: Where Norwegian labour and employment law operates with two categories of labour engaging individuals: employees and non-employees, Norwegian social insurance law includes three categories: employees, freelancers, and self-employed persons. Employees are entitled to the most comprehensive and high-level coverage of income losses. The legal status of digital platform workers is basically unclear, and they may belong to each of the three categories, depending on contract terms. It is also argued that the Covid 19-pandemic has reinforced the differences between salaried, full-time, employees, and atypical workers such as digital platform workers. The compensation measures issued by the Norwegian state to cover income losses in relation to the pandemic did not meet the needs of the typical –freelance –digital platform worker to the same extent as those of undertakings and ‘traditional’ employees. The article suggests some measures to clarify the legal position and to give a better coverage for digital platform workers in cases of loss of income.