Labour Law 1

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Digital Labour

Platforms: A Threat to
Fundamental Rights?
 Digital Labour Platforms are digital platforms,
which provide a wide variety of opportunities to
many people to work from their comfort, from any
place, at any time, and take jobs which suit their
different talent and skills.
Digital Labor Platforms include both:
 Web-based Platforms
 Location-based Platforms
Web-based Platforms:
 Web based platforms are completely online and help
people find work mostly related to the area of content
writing, digital art, and other website related labour.
 Examplesfor Web based platforms: Pinterest, Udemy,
WordPress etc.
Location-based Platforms:

 Location based platforms are created by combining various data


such as satellite navigation systems, cellular networks, and mobile
computing, to provide services based on the geographical locations
of users.
 Examples for Location based platforms: Uber, Swiggy, Zomato and
Ola etc.
The Impact of COVID-19

 Digital Labour platforms has been a boon to the unemployed that it


provided various employment opportunities in various fields be it,
food delivery, taxi service, and other service providers, etc.
 There was a large scale of unemployment during Covid, as due to
the lockdowns many industries and businesses faced a huge
financial loss which ultimately forced them to cut down the labour
as they were no longer able to afford the same. As a result, many
employers lost their jobs and found it very difficult to keep up with
the financial stress.
Positive and Negative Impacts of Digital
Labour Platforms
 Digital Labour Platforms open up more and wide variety of huge opportunities for
people who struggle to find job among the competitive traditional work field
those of whom include women, people with disabilities, young people and
migrant workers
 Implementation of digital labour platforms also comes with greater deal of
challenges, due to increase in the labour supply on digital labour platforms there
is a downward pressure on earnings. There is an inadequate protection provided as
people who provide labour for web-based platforms do not have access to
workplace protections and entitlements, the working conditions are majorly
provided in the agreement, therefore there is only an existence of contractual
relationship and not any other protection.
A Barrier to Fundamental Labour Rights

 As the master-servant relationship is purely contractual the labours


do not have any rights outside of the same. Digital Platform Labours
are often unable to engage in collective bargaining. And majority of
them do not have social security coverage. The International Labour
Organisation stated that “workers in the app-based taxi and delivery
sectors, particularly woman, face various occupational safety and
health risk. Not having social security coverage has created
significant challenges for all platform workers during the COVID-
19 pandemic, especially those on location-based platforms.”
Conclusion

 According to the International Labour Organisation in order to


address this risk there requires a coordination from the
policymakers, private sectors and regulators etc. By introducing
more clear and transparent terms in the contractual agreement, to
ensure that the status of the employees are according to the
“National Classification system”, ensuring transparency, fair
termination process, work on the anti-discrimination and
occupational safety and health laws etc.

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