The ‘humanisation of work’ principle: applying Article 13 of the working time directive to algorithmic management

Thesis

This thesis argues that the overlooked ‘humanisation of work’ principle in Article 13 of the Working Time Directive holds significant potential in addressing the growing phenomenon of algorithmically managed working time. The thesis begins by developing the concept of ‘algorithmic time’ by demonstrating how algorithms, not human managers, are increasingly being used to (i) set schedules (‘dynamic scheduling’); (ii) set the pace of work (‘algorithmic pace-rates’); (iii) distinguish rest time from working time (‘contested time’); and (iv) allocate time based on performance (‘temporal disciplining’). It then argues that, under the EU’s existing framework, there is limited regulation of algorithmic time – except for the under-researched Article 13 WTD, which contains the ‘general principle of adapting work to the worker’. With no interpretative Court of Justice ruling on the principle, this thesis develops its genealogy by tracing the principle’s origins across EU and international instruments to highlight its longevity and roots in the ‘humanisation of work’ movement, which sought to prevent workers being treated as machines. Consolidating the historical materials, it argues that the humanisation principle requires work organisation be adapted to human needs (be it physical, psychosocial or worker specific) through worker input. The thesis then interrogates whether the long-standing principle can be characterised as a ‘general principle’ of EU law, as framed in Article 13. The final chapters examine how Article 13 could be applied in practice to three case studies, covering (i) temporal disciplining in platform work; (ii) algorithmic pace-rates and contested time in warehouse work; and (iii) dynamic scheduling in healthcare work. It argues that certain practices risk infringing the humanisation principle and examines the interpretation and implementation of other EU instruments when read in conjunction with the humanisation principle. In doing so, the thesis concretely demonstrates Article 13’s potential in humanising the growing automation of working time.

Authors: Helme, J

• DOI: 10.5287/ora-zr1zb9bee
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: law; humanisation; labour; work; algorithmic management
• Subjects: Law