Giving platform workers a say: regulating for voice in the gig economy

Abstract

Many platform workers are engaged in activities that are insecure, poorly paid, and often dangerous. But the fragmentation and individualization of their work, reflecting both technology and (in many cases) geography, impede these workers from expressing their opinions, priorities and demands. Making matters worse, the typical classification (or misclassification) of platform workers as contractors often denies them not just basic employment protections, but access to traditional forms of collective organization and bargaining. This chapter focuses on the use of regulation to facilitate collective bargaining or other methods by which platform workers can win a meaningful say over work organization, compensation, and working conditions. The chapter assesses the extent to which existing systems of labour regulation around the world can accommodate representation and collective bargaining for platform workers. It also explores how collective bargaining for self-employed workers may be constrained by competition laws. It reviews examples of actual or proposed reforms to national laws to facilitate representation and collective action by platform workers, as well as the application of current or proposed international labour standards and codes of conduct. The chapter concludes by identifying the most promising priorities for regulatory improvement to support the development of genuine and effective mechanisms of collective voice, representation, and negotiation for platform workers.