Tackling Labour Monopsony by Gig Platforms: The Anti-Monopoly Law as an Alternative Legal Approach to the Labour Law System in China

The rise of the gig economy, and the expansion of self-employment more generally, have magnified pre-existing concerns about how to address the risk of exploitation of non-employees, including franchisees, freelance journalists and owner-driver transport workers, amongst others. In a bid to fill relevant regulatory gaps, and correct destructive power imbalances, many are turning their attention to the power and potential of collective bargaining. At the same time, there is growing appreciation of how competition prohibitions against price-fixing may curb workers’ capacity to organize for decent wages and working conditions. There has been much discussion and debate about the need to expand existing labour exemptions from competition law in order to allow gig workers, and other vulnerable categories of selfemployed workers, to engage in lawful collective bargaining. Rather than fixating on questions of misclassification, however, this article considers a novel proposal emanating from the sphere of competition regulation in Australia. After extensive consultation and prolonged Parliamentary debate, the Australian Competition and Consumer Commission (ACCC) has adopted a class exemption which provides a broad legal immunity to eligible small businesses, including self-employed workers, wishing to engage in collective bargaining. The ACCC’s Determination to extend collective bargaining rights to small businesses – with effect from 3 June 2021 – represents a highly progressive approach and one worthy of greater attention and deeper analysis. To assess the regulatory value of this unique approach, we draw upon the International Labour Organization (ILO) standards relating to collective bargaining and freedom of association. In doing so, we critically assess the extent to which the ACCC’s approach offers a potential solution to resolving the tension between labour law and competition law when it comes to the regulation of self-employed workers. Somewhat surprisingly, we find that the class exemption largely complies with relevant ILO principles, despite the fact that it does little in terms of actively promoting or encouraging effective collective bargaining. For example, in line with ILO conceptions of voluntariness, the class exemption places virtually no restrictions on the scope, level or subject matter of the bargaining. Ultimately, however, we argue that if collective bargaining is to have any chance of filling the regulatory void which exists between labour law and competition law, it is critical that basic structures and supports are in place to facilitate meaningful bargaining: where collective activity is supported by trade union autonomy and the right to engage in strikes in support of bargaining demands and concluded agreements. Mercosur, Socio-Labour Declaration, Argentina, Brazil, Uruguay, Paraguay, Venezuela, Regional Integration, Labour Rights, Regional Trade Blocs, Latin America, Global South

THE FUTURE OF LABOUR RIGHTS IN THE GIG ECONOMY: BEYOND CONTRACTUAL CLASSIFICATION K.Abitha, Pursuing LLM (BUSINESS LAW) at Government Law College, Coimbatore (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.11 The Rapid rise of the Gig Economy has redefined the contours of labour relations, challenging traditional notions of employment, control, and protection under labour law. Gig Workers often engaged The Rapid rise of the Gig Economy has redefined the contours of labour relations, challenging traditional notions of employment, control, and protection under labour law. Gig Workers often engaged as “Independent Contractors,” occupy an ambiguous space between employee and entrepreneur, resulting in limited access to social security, minimum wages, and collective bargaining rights.

This Article critically examines the recent movement to extend collective bargaining rights and antitrust immunity to non‐employee labor groups, spurred by the First Circuit's 2022 decision in Confederación Hípica de Puerto Rico v. Confederación de Jinetes. Historically, labor under the Clayton Act and the National Labor Relations Act (NLRA) have been limited to employees, safeguarding unions from antitrust scrutiny while requiring employer neutrality in union organization. Yet, the First Circuit extended the Clayton Act's labor exemption to a group of independent contractor jockeys, challenging the traditional employee‐focused framework. As Congress and state and local governments consider further expansions of bargaining rights to non‐employees, new tensions emerge. This Article argues that granting collective bargaining rights to non‐employee groups—without the corresponding employee protections of the NLRA and Fair Labor Standards Act—would significantly harm labor markets and weaken labor's power in collective bargaining. By examining college sports and the gig economy as case studies, we demonstrate how non‐employee bargaining heightens the risk of “sham” labor groups that allow employers to structure labor groups favorably and unionization's inherent checks and balances, starting labor off at an extreme disadvantage in collective bargaining negotiations. This Article calls for a reevaluation of non‐employee bargaining exemptions to ensure robust protections for all workers, avoiding the pitfalls of employer‐dominated bargaining frameworks that offer the antitrust immunity “carrot” without the accompanying labor law “stick.”

Introduction: The growth of gig work has transformed the contemporary labor market, provided flexibility and independence but also subjected workers to high stressors like job insecurity, economic uncertainty, and irregular workloads. Gig workers work in various sectors, such as ridesharing, food delivery, freelancing, and on-demand services, and usually encounter distinctive occupational hazards. Gig Workers' Well-being (GWW) Model, based on the Job Demands-Resources (JD-R) model and Psychological Capital (PsyCap) theory, presents a systematic approach to understanding job demands and resources and their effect on stress resilience, mental well-being, and job performance among gig workers. This research explores how resilience interventions can reduce stress and improve work engagement and productivity among gig workers. Objectives: The main aim of this research is to create and test a multi-dimensional stress resilience framework that explains the dynamic interaction of multiple influences on wellbeing among gig workers. More specifically, the research intends to explore how job demands can intensify burnout while job resources promote work engagement, and to investigate the dual nature of gig-related factors that can benefit or detract from job performance. Furthermore, the study aims to investigate the contribution of technostress in exacerbating burnout, evaluate the effectiveness of boundary management in enhancing work engagement, and identify the degree to which resilience is responsible for enhanced job performance. Through this holistic examination, the study aims to offer detailed insights into the stress and coping processes in the gig economy, ultimately guiding strategies to enhance the wellbeing and performance of gig workers. Methods: A qualitative research design was used to obtain rich insights into the well-being of gig workers. A stratified random sampling strategy provided representative diversity across work categories, demographics, and geographic regions. Data were collected through structured online questionnaires distributed through LinkedIn, social media groups, and gig work platforms. The questionnaire contained validated scales assessing stress levels, financial security, work-life balance, resilience, and well-being. 400 questionnaires were distributed and 338 returned (84.5% response rate). After excluding incomplete or invalid responses, the final sample of 323 gig workers was analyzed. Statistical analysis using IBM SPSS 25.0, including correlation and regression analysis, was conducted to examine the relationships between job demands, burnout, resilience, and work engagement. Results: Correlation analysis indicated significant relationships between the most important variables. Job demands were positively correlated with job resources (r =.900, p <.01), indicating that as stressors, resource needs also increased. Burnout had significant correlations with job demands (r =.489, p <.01) and technostress (r =.804, p <.01), supporting the negative effect of workload unpredictability. Regression analysis showed that job demands strongly predicted burnout (β = 0.489, R² = 0.239, p <.000), whereas job resources positively affected work engagement (β = 0.415, R² = 0.172, p <.000). Gig-specific factors also significantly contributed to the formation of job performance (β = 0.368, R² = 0.135, p <.000). In addition, technostress strongly raised levels of burnout (β = 0.476, R² = 0.227, p <.000), whereas resilience helped job performance to the extent of β = 0.499, R² = 0.289, p <.000, highlighting its significance when managing stress. Conclusions: The results highlight the intricate interaction between job demands, resilience, and performance in the gig economy. Digital stressors and high job demands are sources of burnout, which is detrimental to well-being. Nevertheless, job resources such as autonomy, skill development, and social support improve work engagement and reduce stress. The GWW Model highlights the importance of resilience in mediating stress outcomes and proposes that interventions like boundary management, adaptive coping, and financial security programs can enhance mental health and performance. Policy measures should aim to augment gig workers' access to social security, training, and mental health care. By building resilience, gig platforms can establish a more sustainable and supportive work culture, guaranteeing long-term well-being and productivity.

Scholars and practitioners have advocated for freedom of association and collective bargaining (FOA/CB) rights as a key mechanism to improve labor compliance in global supply chains. Drawing on a longitudinal data set comprising 6,500 Better Work factory assessments across seven countries from 2015 to 2021, the authors compare violations of various FOA/CB elements to provide a general picture of the progress and problems of FOA/CB in supplier workplaces. They argue that suppliers are likely to selectively comply with FOA/CB elements that afford them some legitimacy but will violate the elements that impose significant costs on them. Specifically, the authors find fewer violations of union formation rights, in contrast to higher violations of union operation rights and of collective bargaining rights. Yet, when these latter rights are respected, they are associated with better compliance with other employment standards, with effective collective bargaining having the strongest effect.

PurposeThe alternative arrangements to traditional employment have become a promising area in the gig economy with the technological advancements dominating every work. The purpose of this paper is to explore the barriers to the entry of gig workers in gig platforms pertaining to the food delivery sector. It proposes a framework using interpretive structural modelling (ISM) for which systematic literature review is done to extract the variables. This analysis helps to examine the relationship between the entry barriers to gig platforms. The study further proposes strategies to reduce the entry barriers in gig sector which would help to enhance productivity and generate employment opportunities.Design/methodology/approachThe study uses interpretive structural model (ISM) to ascertain the relationship between various entry barriers of the gig workers to the gig platforms. It also validates the relationship and understand the reasons of their association along with MICMAC analysis. The model was designed by consulting the gig workers and the experts allied to food delivery gig platforms namely Zomato and Swiggy.FindingsIt was observed that high competition, longer login hours and late-night deliveries are the significant barriers with high driving power and low dependence power. Poor payment structures and strict terms and conditions for receiving the incentives are interdependent on each other and have moderate driving and dependence power. The expenses borne by the gig workers, such as Internet, fuel and vehicle maintenance expenses have high dependence power and low driving power. Hence, they are relatively less significant than other barriers.Research limitations/implicationsThe study is confined to food delivery sector of India, without considering other important sectors of gig economy for generalizing the framework. As the study is based on forming an ISM framework through literature review only, it does not consider other research methods for analysing the entry barriers to the gig platforms.Practical implicationsThe study attempts to dig out the low entry barriers for gig workers in food delivery platforms as there is a dearth of analysis of these factors. This study would weave them using ISM framework to help the gig platforms overcome these barriers at various levels, thus adding to the body of literature.Originality/valueThe study discusses the need for understanding relationship between the entry barriers in the form of ISM model to identify the dependent and driving factors of the same.

In the United States, the decentralization of production has fostered the growth of many types of atypical employment, most notably temporary employment, homework, and dependent independent contractors. The labor and employment laws in the U.S. were designed for long-term employees, so that criteria for eligibility and schedules of benefits assume an on-going employment relationship with a single employer. As the numbers of atypical employees grows, more and more individuals find themselves lacking basic protection for minimum wage, health and safety, retirement security, industrial injury, and collective bargaining rights. This article surveys major U.S. employment laws to demonstrate that temporary workers, homeworkers, and independent contractors face practical as well as legal barriers that prevent them from getting full coverage under existing labor and employment laws.

In the past decade, the widespread use of smartphones, app software, and broadband internet access has led to the rise of internet platforms, particularly online marketplaces that connect job requesters with workers in various sectors. These platforms, commonly known as the gig economy, have become a significant part of the labor market. One distinguishing feature of gig economy platforms is that they classify their workers as independent contractors. Although gig platforms have been seen as operating in a regulatory gray area, the physical nature of onsite gig transactions and their presence within specific legal jurisdictions make regulatory issues more pertinent in the onsite gig economy. Moreover, different countries face distinct regulatory challenges related to gig economy platforms, even when dealing with the same platform. This thesis focuses on the institutional conditions that shape gig economy platforms during their stages of development, including creation, internationalization, and adaptation. The central research question is how national institutions impact onsite gig economy platforms. Chapter 2 of the thesis defines the gig economy based on four dimensions: online vs. offline intermediation, independent contractor vs. platform employee, paid vs. unpaid labor, and provision of services vs. goods. Each dimension raises regulatory questions regarding the classification of platforms and workers. Chapter 3 explores how national institutions influence the founding and international expansion of gig economy platforms. The findings indicate that while national institutions have limited effects during the founding stage, they play a crucial role in the internationalization process. Geographical conditions, particularly larger populations and capital city status, affect the likelihood of hosting newly founded platforms but do not predict higher rates of internationalization. Chapter 4 focuses on how national institutions respond to gig platforms following their international expansion. Using Uber as a case study, the chapter examines how institutional actors, such as the police and local authorities in different countries, reacted to Uber's service with unlicensed drivers. The results show varied responses, including bans and tailored regulations, particularly in countries with well-functioning legal institutions. Chapter 5 investigates how gig platforms adapt to negative institutional reactions to ensure their survival and success. Using Helpling.com, a major cleaning platform in Europe, as a case study, the chapter analyzes the evolution of its employment relationship with gig workers across five European countries. The findings reveal that Helpling had to adapt its business model to comply with each country's regulatory context, with more significant changes occurring in countries with stricter labor market regulations. The main conclusion of the thesis is that gig platforms are not operating in a regulatory void but are significantly influenced by prevailing institutions. The existence of certain institutions can facilitate or hinder platform operations and evolution. Home country institutions supporting innovation and labor flexibility promote platform internationalization. However, a well-functioning justice system leads to more negative institutional reactions against new platforms. The findings also highlight that stringent labor market institutions and sectoral regulations prompt gig platforms to adjust their business models to provide gig workers with more autonomy and reduce institutional frictions.

Background. The emergence of the platform economy—characterized by gig work, algorithmic management, and digital intermediation—has profoundly challenged traditional labor law frameworks. Conventional legal categories such as “employee” and “employer” often fail to capture the complexity of work relationships within platform-based environments. As a result, workers engaged in ride-sharing, food delivery, and other digital services are frequently excluded from fundamental labor protections, including minimum wage, social security, and collective bargaining rights. Purpose. This study aims to critically examine how platform-mediated work disrupts existing labor law norms and to propose a normative reconfiguration that reflects the evolving nature of work. Method. The study involved 288 university students from Chinese, Japanese, and Korean TFL settings, and the data from questionnaires were analysed using appropriate statistical methods. Results. The findings reveal widespread legal fragmentation, insufficient protection for platform workers, and a growing tension between labor flexibility and social security. Conclusion. The study concludes that a redefinition of labor status and regulatory categories is essential for restoring legal coherence and ensuring just working conditions in the platform economy. A hybrid regulatory model integrating digital rights with labor standards is proposed as a pathway forward.

6 | International Union Rights | 26/4 FOCUS | CLIMATE CHANGE & TRADE UNIONS The future is public transport How has the ITF’s approach to climate change and public transport developed? At the 2010 ITF Congress, a resolution was adopted on developing a trade union response to climate change in transport1. This set out a number of political principles around the issue and committed ITF to what we call a ‘Reduce – Shift – Improve’ framework: reducing the movement of goods and people, shifting the modes of transport, and improving the energy efficiency of the sector. The resolution contained really important commitments, for instance to take a science-based approach to emission reduction and to contribute to the scale of transformation in transport necessary in order to effectively reduce emissions and address the climate emergency. The ITF’s public transport policy fits within that political resolution. We’ve developed an alternative model of public transport, recognising that we cannot address environmental issues separately from the wider social and employment issues. The core demands of the policy concern public ownership, public financing, decent work, gender equality, more worker control of technology, and transport and energy democracy. We feel it is necessary for unions to go beyond traditional, bread-and-butter workplace issues, and address all of the different aspects of a new model of public transport. Just Transition is not only about reskilling, retraining, numbers of jobs - that’s all important, but it needs to be linked a long-term vision of transformative change in transport. The policy proposals provide a platform for linking current issues in public transport to that long-term vision of change, as well as a platform for building alliances with other organisations that might be able to support this kind of policy and these demands. There is sometimes an assumption – from unions but also outside the union movement – that public transport is an ‘easy’ sector, because it’s a sector that stands to benefit from progressive climate change policies. On one level that might be true, because it’s not controversial that there needs to be a massive expansion of public transport in order to reduce emissions in cities. But how that expansion takes place, what kind of employment it generates, what democratic participation and control it allows workers or citizens or passengers - all of that is heavily contested. The policy paper states that ‘trade unions must contest power not only in workplaces but also in the public sphere where decision-making takes place’. What challenges do public transport sector workers face in exercising collective bargaining rights to pursue this agenda? One of the biggest issues is that, globally, large parts of the public transport workforce are in the informal economy. In many developing countries, in many cities, up to 85 percent of the passenger transport workforce are informal, and are denied fundamental workplace rights: they are not defined as employees, they don’t have a clearly defined employment relationship, labour law doesn’t cover them, there are no clear collective bargaining rights, there are no contracts. One of our main concerns therefore is how to organise informal workers, how to win some of those workplace rights, and in the long-term how to formalise employment in public transport so that those rights are guaranteed through labour law and other institutions that formal workers would have access to. For example, ‘Bus Rapid Transit’ (BRT) systems are being introduced in Africa, Asia and Latin America. These are formalised public transport systems but are developed without consideration for the impacts they can have on the informal workers who rely on providing those services for their livelihoods. The ITF is beginning to look with unions at the labour impacts of these systems and to put together a platform of rights and demands that can be negotiated with local authorities, governments or employers – wherever the power lies. In Kenya and Senegal we’re beginning to see the impacts of this work. We are making visible a large section of the workforce that has been otherwise completely excluded from any formal labour protection or collective bargaining rights. A lot of the funding for these BRT programmes also comes from international financial institutions, and we’ve engaged...

6 | International Union Rights | 26/4 FOCUS | CLIMATE CHANGE & TRADE UNIONS The future is public transport How has the ITF’s approach to climate change and public transport developed? At the 2010 ITF Congress, a resolution was adopted on developing a trade union response to climate change in transport1. This set out a number of political principles around the issue and committed ITF to what we call a ‘Reduce – Shift – Improve’ framework: reducing the movement of goods and people, shifting the modes of transport, and improving the energy efficiency of the sector. The resolution contained really important commitments, for instance to take a science-based approach to emission reduction and to contribute to the scale of transformation in transport necessary in order to effectively reduce emissions and address the climate emergency. The ITF’s public transport policy fits within that political resolution. We’ve developed an alternative model of public transport, recognising that we cannot address environmental issues separately from the wider social and employment issues. The core demands of the policy concern public ownership, public financing, decent work, gender equality, more worker control of technology, and transport and energy democracy. We feel it is necessary for unions to go beyond traditional, bread-and-butter workplace issues, and address all of the different aspects of a new model of public transport. Just Transition is not only about reskilling, retraining, numbers of jobs - that’s all important, but it needs to be linked a long-term vision of transformative change in transport. The policy proposals provide a platform for linking current issues in public transport to that long-term vision of change, as well as a platform for building alliances with other organisations that might be able to support this kind of policy and these demands. There is sometimes an assumption – from unions but also outside the union movement – that public transport is an ‘easy’ sector, because it’s a sector that stands to benefit from progressive climate change policies. On one level that might be true, because it’s not controversial that there needs to be a massive expansion of public transport in order to reduce emissions in cities. But how that expansion takes place, what kind of employment it generates, what democratic participation and control it allows workers or citizens or passengers - all of that is heavily contested. The policy paper states that ‘trade unions must contest power not only in workplaces but also in the public sphere where decision-making takes place’. What challenges do public transport sector workers face in exercising collective bargaining rights to pursue this agenda? One of the biggest issues is that, globally, large parts of the public transport workforce are in the informal economy. In many developing countries, in many cities, up to 85 percent of the passenger transport workforce are informal, and are denied fundamental workplace rights: they are not defined as employees, they don’t have a clearly defined employment relationship, labour law doesn’t cover them, there are no clear collective bargaining rights, there are no contracts. One of our main concerns therefore is how to organise informal workers, how to win some of those workplace rights, and in the long-term how to formalise employment in public transport so that those rights are guaranteed through labour law and other institutions that formal workers would have access to. For example, ‘Bus Rapid Transit’ (BRT) systems are being introduced in Africa, Asia and Latin America. These are formalised public transport systems but are developed without consideration for the impacts they can have on the informal workers who rely on providing those services for their livelihoods. The ITF is beginning to look with unions at the labour impacts of these systems and to put together a platform of rights and demands that can be negotiated with local authorities, governments or employers – wherever the power lies. In Kenya and Senegal we’re beginning to see the impacts of this work. We are making visible a large section of the workforce that has been otherwise completely excluded from any formal labour protection or collective bargaining rights. A lot of the funding for these BRT programmes also comes from international financial institutions, and we’ve engaged...

Purpose In the digital economy, gig platforms use AI-based algorithms for resource allocation and operations management. However, evidence on algorithmic control's incentive effect is mixed. Moreover, it remains unclear how and when algorithmic control impacts gig workers' work well-being. Consequently, this study develops and tests a theoretical model to address these paradoxes of algorithmic control in gig platforms. Design/methodology/approach Based on the job demands-resources (JD-R) model, we propose that the three dimensions of algorithmic control provide gig workers with job demands and job resources, respectively. We developed a theoretical framework linking algorithmic control and work well-being, with a focus on the moderating role of perceived algorithmic fairness. We conducted a time-lagged study on Chinese gig platforms across three time points. Findings The results show that: (1) Algorithmic tracking evaluation and behavioral constraint, as job demands, increase gig workers' occupational burnout, thereby reducing their work well-being. (2) In contrast, algorithmic standardized guidance, as a job resource, enhances gig workers' work autonomy, which in turn improves their work well-being. (3) Perceived algorithmic fairness weakens the positive relationship of algorithmic tracking evaluation and behavioral constraint with occupational burnout. Originality/value This study shows that algorithmic control exerts opposing influences on gig workers' work well-being via job demands and job resources. We reveal the paradox of algorithmic control and address how and when gig platforms affect well-being through algorithmic control. Our findings provide practical insights for gig platforms utilizing algorithmic technology in staff management.

The purpose of the study is to analyze the direct effect of Sightseeing the Value Propositions of Freelancers and their Influence on Gig Worker Engagement. This study also examines the mediating role of motivation between Value Propositions of Freelancers and gig worker participation. The quantitative research design is employed to get insights into what drives gig workers to stay in the gig economy. The data was collected from freelancers who are working on online platforms such as Fiverr, Freelancer.com, Upwork, and Guru.com. The findings of this study demonstrate that economic and hedonic values have a positive significant impact on gig worker participation but autonomy value does not show any positive association with gig worker participation. It can be concluded that economic rewards and interest are drivers for gig workers but autonomy value is not a driver of freelancers especially for new entrants to participate in the gig economy. This study has focused on online working. Future studies should focus on e-commerce. This study has practical implications for new entrants, gig platforms, and organizations. These stakeholders follow the findings of this study and more contribute to the gig economy. According to the researcher's knowledge, this is the pioneer study conducted on the gig economy as well as mediating role motivation between the value propositions of freelancers and gig worker participation.

PurposeThe emerging nonstandard employment (i.e. gig work) makes gig workers face a series of forms of labor insecurity. Prior studies focus on the linkage between gig work insecurity and precariousness. However, how gig workers and platforms jointly handle gig work insecurity has been so far overlooked. To this end, this study aims to explore how gig platforms and workers jointly cope with the insecurity of the gig work model.Design/methodology/approachBuilding upon the JD-R model, this study used a double-level perspective to hypothesize how gig platforms and workers jointly cope with gig work insecurity. Second, 248 questionnaire data were collected from workers who worked for several gig platforms (e.g. Meituan, Eleme, DidiTax, Zhihu and Credamo) in China. Third, the analysis method based on the partial least squares structural equation model (PLS-SEM) was employed to test the study theoretical model.FindingsEmpirical findings show that gig workers can cope with gig work insecurity by crafting their work; gig platforms' formalization governance not only reduces gig work insecurity but also helps gig workers address it by more easily crafting their work.Practical implicationsGig workers do always have not enough job resources and motivation to work hard. Gig workers merely rely on job crafting to cope with the insecurity of the gig work model, which is insufficient. Gig platforms should also formalize their current governance mechanisms, which can supplement gig workers' job resources and reduce their job demands so as to help them cope with such gig work insecurity.Originality/valueThese results advance the understanding of the joint roles of gig platforms and workers in addressing gig work insecurity and improve governance effectiveness and value of gig platforms.

The subject of the article is impact the gig economy to the legal regulation of labor, civil, tax relations.The purpose of the article is to identify the problems of legal regulation of relations between gig workers and digital platforms in the gig economy and suggest ways to improve it.The methodology includes systematic approach, comparative method, formal-logical method, formal-legal method, analysis, synthesis.The main results of the research. The transition from a “classic” industrial employment relationship between an employer and an employee to one based on the gig economy, using digital platforms to link the employee to their job, has created problems in classifying employment arrangements in labor law. In the current situation, the state needs to do a lot of work: (1) the sphere of the gig economy requires the compilation of clear terminology, as well as the analysis and identification of the functions of digital platforms and gig workers, then it requires amendments to labor legislation; (2) it is necessary to develop criteria for gig workers or independent contractors, one of the criteria can be proposed: the performance of work by a gig worker without the control of the hiring firm. The hiring firm's control should be limited to accepting or rejecting the results a gig worker achieves, not how they achieve them; (3) It is necessary to delimit the sphere of regulation of hired labor from the sphere of regulation of gig-employment, to withdraw gig-employment from the regulation of labor legislation.An analysis of the current legislation and law enforcement practice shows that the cornerstone of legal regulation in the field of the gig economy is the issue of legal registration of relations between digital platforms and their partners. Thus, with a rigid approach that identifies these relations with labor relations, the gig economy loses its specificity, digital platforms lose their competitive advantages in many ways, and in some cases, their ability to function. At the same time, the current relations in the field of employment of individuals on digital platforms allow us to speak about the presence of certain differences between such relations and labor relations, which are manifested mainly in greater freedom on the side of the "employee" and less control on the part of the employer – the digital platform, and also the unstable nature of this form of employment and its subsidiarity to more traditional forms. The specificity of the relationship between platforms and its counterparties also raises the question of the need to reform the provisions on civil liability, aimed at formulating special grounds for the responsibility of digital platforms, the distribution of this responsibility between them and their partners. Such provisions may be based on the existing norms on the liability of the employer for harm caused by his employee.Conclusions. The change of labor relations between employees and the employer to the relationship between the digital platform and gig workers predetermines the transformation of tax legal relations, in terms of the following aspects: what taxes should a gig worker pay, should there be any special tax regime; how the issue of paying insurance premiums should be resolved, whether they should be mandatory or voluntary; what role digital platforms will play in tax relations, whether they should act as tax agents or data providers; what requirements for gig workers, as taxpayers, should be imposed by tax legislation in terms of record keeping and reporting; how tax control should be exercised over gig workers and digital platforms.