- Areas of Focus :
- Emplyment Status
- Social Security
- Other Rights
- Fares and Commissions
- No Data
Legislative Initiatives on Platform Work : Areas of Focus
In December 2020, the Federal Labour Court in Germany classified microworkers/crowdworkers as “employees” by looking at the coercive effects / incentives created by the platform’s rating and booking system.
In 2023, the Irish Supreme Court decided that delivery drivers engaged by Karshan (Midlands) Ltd (trading as Domino’s Pizza) and decided that these delivery riders are "employees" rather than contractors. The Court used a five question framework to determine the employment status.
Spain enacted Rider Law in 2021 to provide labour protections to delivery workers
In 2021, the UK Supreme Court decided that Uber drivers are workers and have the right to minimum wage, holiday pay, sick pay, etc. The UK has three employment categories: employee, worker and independent contractor.
United Sates of America
In the US, AB5 was enacted by California in 2019 creating a presumption of employment and establishing a simple test on classification. However, Prop-22 was passed in November 2020 as a ballot initiative which allows companies to classify workers as independent contractors. New York (USA) enacted the first-ever law to improve working conditions of food delivery riders by setting the minimum pay, access to bathrooms in restaurants, etc. The Federal Trade Commission (FTC) put platforms on notice in September 2022 by issuing a policy statement promising to protect gig workers from unfair pay and contracts. In October 2022, the Department of Labor (DOL) published a proposal that would reverse a Trump-era rule that lowered the bar for classifying workers as independent contractors.
New York (USA) enacted the first-ever law to improve working conditions of food delivery riders by setting the minimum pay, access to bathrooms in restaurants, etc
In December 2021, the European Commission proposed a Directive to improve the working conditions in platform work. On 2 February 2023, the European Parliament (EP) voted in favour of amendments to the European Commission’s platform worker directive that would introduce a presumption of employment and increase algorithmic transparency. The Council of the European Union adopted its position on the proposal on 12 June 2023. The number of criteria for determining an employment relationship have been revised from five to seven.
ILO Governing Body
During the 347th Session of the ILO Governing Body (March 2023), it was decided to place an item on the agenda of the 113th Session (June 2025) of the International Labour Conference on decent work in the platform economy for standard-setting with a double-discussion procedure.
Under the Argentine monotributo regime, the self-employed workers and freelancers enter the formal economy by making a single monthly payment which unifies the tax component (VAT and income tax) and the social security component (pension and healthcare contributions)
Brazil provides for the protection of delivery workers, in relation to the covid, and also requires accident insurance by platforms. The Brazilian government is also working on legislative reform.
Since 2016, France has incorporated a concept of the platform’s “social responsibility” towards its workers, including self-employed workers. The platform is required to pay any industrial accident insurance contributions that the worker may have been paying, as well as recognise their right to vocational training and to join a union. In 2019, another law required that self-employed transport and delivery platform workers should have a “charter” in which the platform provides for “additional social protection guarantees”.
India enacted its Social Security Code in 2020. Though yet to be implemented, the Code extends social security benefits to the platform workers by requiring the platforms to pay a certain percentage of their revenues to the social security system for providing various social security benefits to the workers. On 24 July 2023, the Rajasthan assembly passed a bill, Rajasthan Platform-Based Gig Workers (Registration and Welfare) Bill, 2023, extending social security to gig workers in the state through the establishment of the Platform-Based Gig Workers Welfare Board.
The Indonesian Social Security Provider for Employment (BPJS) allows self-employed workers to self-register and access work injury benefits. The system is accessible to the platform workers.
Republic of Korea
The Republic of Korea (South Korea) made amendments to various employment acts in 2020, entitling platform workers to various insurance benefits.
Uruguay allows digital social security contributions for platform workers
In 2022, Chile promulgated a new law amending the Labour Code in order to regulate platform work. The law requires a “contract for independent digital platform workers” to grant them various workplace right, including that of collective bargaining
In 2021, the Ministry of Human Resource and Social Security in China issued guidelines to extend labour protections to platform workers. The guidelines introduce a new concept of “establishment of a less-than-complete employment relationship”. The guidelines extend the right to the minimum wage to all platform workers.
Greece enacted a reform in Labour Law in 2021 (No. 4808/2021) to establish a novel regulatory framework for platform work, ensuring trade union rights for self-employed service providers. The law also mandates platforms to apprise service providers of their legal rights before commencing duties and furnish written as well as digital contract copies
In 2019, Italy enacted a reform requiring that the sectoral collective agreement for the sector of activity must apply to the platform workers. In the absence of a collective agreement, the Law provides for a “minimum level of protection”, recognising certain rights for self-employed platform workers, including minimum wage, protection from discrimination, premium wage payment for night work, holiday work and payment of their industrial accident and occupational disease insurance.
Pakistan extends anti-harassment legislation to all workers and workplaces, including platform workers
South Africa applies anti-discrimination law to all workers, including platform workers.
Fares and Commissions
In 2022, National Transport and Safety Authority in Kenya issued regulations to cap commission charged per ride at 18%.
The “Protektadong Online Workers, Entrepreneurs, Riders, at Raketera (POWERR) Act” is a proposed bill in the Philippines that seeks to recognise gig workers on digital platforms as regular employees and provide them with normal worker protections. It aims to safeguard the rights of the country’s growing gig economy by introducing various measures
United Republic of Tanzania
In Tanzania, Land Transport Regulatory Authority (LTRA) had set the commission for ride-hailing companies at 15% (previously 33%) at the start of 2022. However, in the recent Notice of December 2022, LATRA now allows ride-hailing operators to charge up to 25% as commission and up to 3% as a booking fee