Gigwork im deutschen und US-amerikanischen Recht

On the basis of selected gigworking platforms, this work examines the extent to which the findings from the United States can be made fruitful for German law in order to achieve better protection for gigworkers. Although gigworkers, are in need of protection due to their structural inferiority vis-à-vis the platform operators, German law does not sufficiently take this need for protection into account. The U.S. factor tests for distinguishing between employees and self-employed persons also reach their limits in the case of gigwork. The ABC test is able to cover gig workers, but cannot be transferred to the German labor law system without systematic breaks. However, the legislative and other initiatives from the USA can serve as a source of inspiration for German law, which grant gigworkers certain protective rights regardless of their status under labor law.