A new Convention on decent work in the platform economy has been adopted at the 114th International Labour Conference in Geneva - the first binding global labour standard for platform work.
Crucially, it says employment status must be decided mainly on the facts of the working relationship, not whatever label a company puts on it. It also strengthens rights around pay, deactivation, algorithmic management, social protection and health and safety.
"This convention is a huge milestone for platform workers around the world" says NZCTU Te Kauae Kaimahi Secretary, Melissa Ansell-Bridges, who was a member of the workers' group and sat on the drafting committee. "It affirms that all workers, including digital platform workers, are entitled to fundamental rights like collective bargaining. This is undoubtedly a turning point in the fight to improve conditions for these workers."
"It is absolutely shameful, however, that the New Zealand Government was one of only two governments to vote against the convention," says Ansell-Bridges. The other government to vote against was the United States. "That leaves this Government isolated from the clear international consensus that platform workers need stronger rights and protections."
At a time when the rest of the world is trying to increase protections, Brooke Van Veldon has taken them away with the "gateway test" that became law earlier this year, effectively stripping these workers from the ability to challenge employment status.
The message from Geneva is clear: lift standards for platform workers, don't undermine them. The New Zealand Government should reverse course, drop its out-of-step gateway test, and bring domestic law into line with this new global standard.
What the Convention does
- Applies fundamental rights at work to the platform economy, including freedom of association and collective bargaining.
- Requires employment status to be decided mainly on the facts of the relationship.
- Strengthens protections on deactivation and algorithmic management.
- Supports fair pay, social protection and health and safety.
- Protects workers' personal data and helps guard against violence and harassment.
