New ILO Convention sets definitions and protections for gig workers worldwide
The International Labour Organization (ILO) has adopted a new global treaty that sets binding labour standards for the platform economy, covering the rights of millions of gig economy workers across the world.
ILO member-states voted, 406 to 8, with 36 abstentions, during the 114th International Labour Conference held in Geneva between 1–12 June.
Among those who voted in favour included Australia, Mexico, Namibia, Spain, Oman, and Indonesia. Some countries that voted against it included the United States and New Zealand.
Under the ILO Convention No. 193 concerning Decent Work in the Platform Economy, a "digital platform worker" is defined as a person employed or engaged to work for the provision of service organised and/or facilitated by a digital labour platform.
The convention notes that each member-state should "take measures to respect, promote, and realise, in the platform economy the fundamental principles and rights at work."
These include the freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, the elimination of discrimination in respect of employment and occupation, and a safe and healthy working environment.
The convention also states that each member shall take measures to prevent occupational accidents, occupational diseases, and any other injuries to digital platform workers' health that are related to their work.
'Existing decent work deficits' of gig economy
The convention comes as the ILO recognises "existing decent work deficits" in the platform economy, which it noted has surged as of late and has created opportunities for businesses and generated work and income opportunities for people.
"Underlining that there are specificities of work via digital labour platforms that make it desirable to adopt specific standards that, together with other international labour standards, will contribute to the full realisation of decent work in the platform economy," the convention reads.
It also comes in the wake of growing discussions on whether gig economy workers should be considered full-time employees or contractors, with some of these debates leading to legal disputes worldwide.
On this issue, the ILO Convention No. 193 states that each member shall take appropriate measures to ensure the correct classification of digital platform workers.
This should be guided "mainly by the factors relating to the performance of work, the remuneration or payment of the digital platform worker, among other elements, and considering the specificities of work via digital labour platforms."
Governments urged to 'promptly ratify' convention
The Human Rights Watch said that it welcomes the ILO Convention No. 193.
"The adoption of this treaty is a turning point for millions of platform workers who are denied labor protections," said Lena Simet, senior economic justice adviser at Human Rights Watch.
"Governments have recognised that companies cannot use new technologies as a loophole to avoid workers' rights, including fair pay, safe working conditions, and social security."
The organisation, which has long advocated for the protection of gig workers, urged governments across the world to "promptly ratify" the convention and implement it in domestic law.
"The adoption of this Convention is a landmark moment, and it now needs to be translated into real changes in workers' lives," Simet said.
"As AI and automated management increasingly shape work, governments should move quickly to ratify and enforce the Convention, including by ensuring that companies cannot use contractual labels or opaque algorithms to deny workers the protections they are entitled to."
