Browsing by Author "Fredman, Sandra"
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Item International regulation of platform labor: A proposal for action(Weizenbaum Institute for the Networked Society, 2021) Fredman, Sandra; du Toit, Darcy; Graham, MarkPlatform-mediated work is a source of livelihood for millions of workers worldwide. However, because platforms typically classify workers as ‘independent contractors’, those workers are generally excluded from the scope of labor rights. This has a corrosive effect on working standards of platform workers, creating the need for an international regulatory framework to prevent a race to the bottom. To address this situation, the article proposes an outline for an International Labor Organization (ILO) Convention for the regulation of platform work going beyond the employee/independent contractor dichotomy. It identifies five core issues in the platform economy – low pay, poor working conditions, inaccessible and unreasonable contracts, unfair management, and a lack of representation – and demonstrates how existing ILO standards could be adapted to address these issues.Item Thinking Out of the Box: Fair Work for Platform Workers(Routledge, 2020) Fredman, Sandra; Du Toit, Darcy; Graham, Mark; Howson, Kelle; Heeks, Richard; Van Belle, Jean-Pau; Mungai, Paul; Osiki, AbigailThe burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been focused on bringing platform workers within the scope of labour law by proving that they fit the definition of employee or worker, which functions as the gateway to employment rights. This has yielded some positive outcomes, particularly in exposing sham self-employment. However, this approach is limited, not least because platforms are adept at reconfiguring their conditions of work to avoid the legal definition of employee, or at fragmenting their corporate structure to evade the jurisdiction of courts in the region where workers in fact find themselves. By contrast, not enough attention has been paid to how labour law standards, fashioned for the ‘employee’ paradigm, should be reshaped to meet the needs of platform workers regardless of their employment status.