Work‐on‐demand in patchwork capitalism: The peculiar case of Uber's fleet partners in Poland

Published date01 November 2023
AuthorBartosz Mika,Dominika Polkowska
Date01 November 2023
DOIhttp://doi.org/10.1111/ntwe.12262
Received: 17 January 2022
|
Accepted: 23 November 2022
DOI: 10.1111/ntwe.12262
RESEARCH ARTICLE
Workondemand in patchwork capitalism:
The peculiar case of Uber's fleet partners
in Poland
Bartosz Mika
1
|Dominika Polkowska
2
1
Department of Sociology, University of
Gdansk, Gdańsk, Poland
2
Department of Sociology, Maria
CurieSklodowska University in Lublin,
Lublin, Poland
Correspondence
Dominika Polkowska, Department of
Sociology, Maria CurieSklodowska
University in Lublin, pl. Marii
CurieSklodowskiej 4, 20031 Lublin,
Poland.
Email: dominika.polkowska@umcs.pl
Funding information
European Commission; Narodowe
Centrum Nauki
Abstract
In recent years, global corporations entering Central and
Eastern European (CEE) markets have begun to adapt to
existing legal regulations through innovative means.
Uber's entry into Polish market, for example, involved
the use of a supplementary entitya fleet partner. Based
on 42 interviews with Uber drivers in Poland (conducted
between 2018 and 2020) and two indepth interviews with
fleet partners (2021), this article investigates the prerequi-
sites necessary for the emergence of fleet partners within a
workondemand platform and their role in the relation-
ships between different stakeholders. Using the concept of
patchwork capitalism adapted for CEE countries, this study
shows that additional entities took advantage of institu-
tional hybridity, situating themselves as the intermediary
between a global giant and a local regulator, and thereby
creating a patchwork gig economy.
KEYWORDS
CEE, gig economy, patchwork capitalism, platform economy,
Uber, workondemand
INTRODUCTION
In the social sciences, the debate surrounding workondemand (WOD) platforms tends to
focus on whether a particular platform should be understood as technological infrastructure or
as an employer who falls under the jurisdiction of regulatory institutions. In terms of working
New Technol Work Employ. 2023;38:513528. wileyonlinelibrary.com/journal/ntwe
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513
© 2022 Brian Towers (BRITOW) and John Wiley & Sons Ltd.
conditions, the controversy rages over whether service providers should be classifiedlegally
and typologicallyas independent contractors or employees (Aloisi, 2015; Baron, 2018; Cherry
& Aloisi, 2017; De Stefano, 2015; TodoliSignes, 2017). In the case of Uber's ridehailing
platform, the above issues have been debated especially vociferously (see Schor et al., 2020).
Uber defines itself as an innovative, disruptive technology platform (Aloisi, 2015; De Stefano,
2015; TodoliSignes, 2017) and acts according, typically entering new markets without
obtaining regulatory approval (Baron, 2018). In the United Kingdom (Dudley et al., 2017) and
Australia (Stein & Head, 2020), the company has operated outside the law for some time,
exposing its drivers to sanctionsa strategy that was repeated in Poland. Uber's disruptive
market entry is the departure point for the company's efforts to gain platform power(Mazur &
Serafin, 2022). According to Culpepper and Thelen (2020), this new kind of political power is a
distinctive element of platform capitalism. Rahman and Thelen (2019, p. 4) add that the global
firms at the vanguard of platform capitalism represent a new kind of organisation based on gig
labour practices, the inflow of patient (longterm) capital, market dominance, and an alliance
with consumers. In addition, Mazur and Serafin (2022) also point out that achieving a certain
level of platform power has caused the institution of state regulations to stall. In short, the
platform's desire to act fast in colonising new markets consequently hampers the entry of other
actors into the market by delaying new regulations. As a result, institutional driftoccurs,
revealing the failure of relevant decisionmakers to update formal rules(Hacker et al., 2015,
p. 184), as well as create regulations complementary to the rest of the institutional framework.
Both features are accelerated when platforms like Uber confront local environments
characterised by the patchwork nature of their institutional order. As Rapacki, (2019) have
demonstrated, CEE countries including Poland share a weaker institutional coherence,
compared to wellestablished liberal market economies or coordinated market economies. The
wellregulated markets of continental Western Europe stand in contrast to CEE countries,
whose economic systems are characterised by systemic entropy, deep intrainstitutional
friction and low institutional complementarity, resulting in a form of patchwork capitalism.
This article examines the distinctive processes involved in taking advantage of existing
loopholes in labour law that are the response to the appearance of a global WOD company.
Poland was selected as the case study as a paradigmatic example of a CEE country with
patchworklike industrial relations.
1
The WOD system implemented by Uber in Poland is
different from the model adopted in Western countries, insofar as certain factors encouraged
the emergence of a new actorfleet partnersin the platform economy (similar entities can be
found in Slovakiasee Sedlakova, 2018) making Poland a distinctive case for the study of the
patchwork gig economy. Thus, the main research questions of this article are: How and why do
certain entitieshere, fleet partnersarise within workondemand platforms in the ridehailing
industry? What is their role in the relationships between different stakeholders? The aim of the
article is thus to describe and explain the role of Uber's fleet partners from the perspective of
patchwork capitalism. These partners, usually experienced drivers or former drivers, emerge as
intermediaries (or brokers, as Mazur & Serafin, 2022 prefer) between a global company and the
local institutional context by taking on the cost of setting up a business. They lend their permits
to other drivers and offer accounting and legal support. Soon after their initial appearance, they
also began leasing cars to drivers. Fleet partners situate themselves between Uber and the
drivers to reestablish (in response to legal changes described below) open employment
relations based on a low barrier for entry. From a formal point of view, their existence is made
possible through specific loopholes in the legislation. The term fleet partner results from the
fact that the vast majority of intermediaries, in addition to the formal support they provide to
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