Abstract
Platform work in the gig economy has become a universal phenomenon, even more so in the socially distanced landscape of COVID-19. Characteristic of the Fourth Industrial Revolution, hundreds of thousands of on-demand workers across the globe today earn a living by performing tasks assigned to them via digital platforms. The gig economy undoubtedly offers certain appealing benefits, including work flexibility and independence. As established in part 1 of this article, platform work holds vast potential to create much-needed jobs, especially for the youth, who are facing a higher degree of job precarity than any generation before them. At the same time, though, the very structure of platform work - with a peculiar triangular contracting relationship between the parties involved -renders on-demand workers vulnerable, having to carry most of the risk. In part 2, we delve deeper into the various forms of vulnerability among on-demand workers in the gig economy, with a particular focus on developing countries such as South Africa. After a brief look at the extent to which the classification of labour could be regarded as a contributing factor to vulnerability, we draw on the International Labour Organisation (ILO) definition of vulnerability to categorise the types of vulnerability on-demand gig workers are exposed to. Four broad categories are identified, namely vulnerability relating to conditions of employment, individual and collective labour rights, dispute resolution structures, and social security protection. Each category is concretised by a brief discussion of the applicable South African statutory provisions as well as practical examples. This is followed by an overview of various international standards and recent steps taken by the ILO and the European Union to protect platform workers in the gig economy. The article concludes with proposals on how to expand the traditional idea and categories of work in an effort to afford rights and protection - and so provide decent work - to new, future-oriented types of workers in South Africa. It is argued that South Africa needs to develop a uniquely South African approach to the future of work that has on-demand workers and their vulnerabilities at its centre.
Highlights
The rise in technology has facilitated new forms of work, which continue to test the boundaries of the traditional employment relationship
Like jurisdictions across the globe, the International Labour Organisation (ILO) too is faced with a gig economy that is testing the boundaries of the traditional employment relationship, and the organisation continues to grapple with how basic labour and social protection could be extended to on-demand workers.[133]
The vulnerability of on-demand workers was highlighted in the landmark report by the Global Commission on the Future of Work, who examined how to achieve a better future of work at a time of unprecedented changes in the world of work.[154]
Summary
The rise in technology has facilitated new forms of work, which continue to test the boundaries of the traditional employment relationship. Judging by the precarious triangular relationship underlying on-demand gig work, this is could raise concerns in respect of the parties’ legal obligations. In this second part of our research, we take a more in-depth look at the specific types of vulnerability experienced by on-demand workers in South Africa. To this end, we start off by briefly stating the problem associated with the classification of labour as it pertains to gig workers, as an essential departure point to understand the barriers to full labour and social protection that these workers face. Alternative measures (other than the classification of labour) that might help alleviate platform workers’ vulnerabilities are suggested against the backdrop of the perspectives and steps taken by the International Labour Organisation (ILO) and the European Union (EU)
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