Regulating Gig Work

Preface viii

1 Context and history 1

Introduction 1

Common features of platform-mediated work 3

Labour law avoidance 4

'Employment' 5

Algorithmic control 8

'Multi-apping' 10

Regulating for safe, fair, and dignified work 12

2 A global perspective 16

Introduction 16

Could development of further ILO standards promote gig worker rights? 17

OECD 20

The centrality of domestic regulation 20

Europe 21

European Union 21

Employment status under the proposed EU Directive 21

Regulation of algorithmic management 23

Dispute resolution and enforcement 23

Individual European countries 24

United Kingdom 25

United States 26

New Zealand 27

Conclusion 28

3 Overview of workers' essential needs and forms of legal protection 29

Introduction 29

'Deeming' provisions 32

'Third way' statutory definitions 35

Special regulatory schemes for contractors 38

New South Wales industrial laws 39

Operation of the Chapter 6 regime 40

Victorian owner driver scheme 41

Western Australian owner driver scheme 42

Queensland 43

Road Safety Remuneration Tribunal 45

Franchising code of conduct 46

Unfair contracts review 49

Conclusion 50

4 Pay and safety 51

Introduction 51

Why substantive labour standards should apply to gig workers 52

Gig workers' experience of low pay and poor safety 53

Pay and safety link evident in gig work 56

The current regulation and its shortcomings 57

WHS laws 57

Workers' compensation 58

The appropriate methods of producing a socially beneficial remuneration standard 60

Proposed Reforms 62

Conclusion 64

5 Procedural rights: Freedom of association and job security standards 65

Introduction 65

The function and benefits of collective bargaining 66

Why gig workers deserve collective bargaining rights 67

Establishing collective bargaining for gig workers - possibilities and obstacles 67

Realising substantive collective bargaining rights for gig workers 70

Protection of job security 70

Dispute resolution 73

Conclusion 76

6 Exclusion from jurisdiction as a regulatory strategy 78

Introduction 78

Rideshare as a 'disruptor' 78

Bans across the globe 79

United States 80

Europe 80

United Kingdom 81

Scandinavia 82

India 82

Other countries 82

Bans in historical context: Previous restrictions on the free flow of capital 82

Digital labour platform responses to bans 84

The cloud of words 84

Enter markets and keep operating: Business as usual despite bans 85

Using violence against rideshare drivers to gain support 86

The emergency 'kill' switch 86

Big spending on lobbying 87

Overall effectiveness of the bans 87

'Regulatory entrepreneurship' business model and bans 90

Beyond law - compliance measures to combat disruption and improve bans policy 91

Conclusion 92

7 Organisational forms to enhance worker control and ownership 94

Democracy at work for platform workers 94

Worker participation in corporations 96

Cooperative enterprises 97

RideAustin - the not-for-profit 97

ATX - taxi driver cooperative 99

Governance of cooperatives 99

Worker ownership trusts 101

Conclusion 102

8 Concluding thoughts 104

Regulating on-demand work, everywhere 104

Beyond 'employment' 105

Future-proofing labour regulation 106

Supervision 107

Bibliography 109

Index 121