Thread by @RuwanSubasinghe

The @ilo platform work meeting failed because the Employers withdrew from negotiations late on the final day. Workers & Govts were unanimously open to standard-setting action. Workers explicitly called for a Convention. Matter now with the GB. #gigeconomy

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For the Workers’ Group, an ILO Convention would cover both in-situ and online platform work and apply to ALL platform workers in the broadest sense of the term.

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Despite significant differences between in-situ/online work, it is their similarities that warrant attention from a labour protection perspective – in primis algorithmic mgmnt & biz models built on non-standard forms of work, including exploitative disguised employment.

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Existing ILO standards are relevant and applicable, but a new Convention will first need to re-state ILS in context of platform work. For example, on FPRW, identifying the platform as ‘employer’ for the purpose of collective bargaining is critical.

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Similarly, specific platform context attention needs to be given to the application of C102 & R202 to extend social protection to all platform workers. Also, R198 could be codified in a new Convention with the primacy of facts principle guiding employment status tests...

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together with a duty on States to combat misclassification, including possibly through a presumption of employment status. On OSH, for example, psychosocial risks posed by algo managed online work will require special treatment.

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Many aspects of platform work are not adequately covered by the current body of international labour standards, creating a clear regulatory gap. We identified some of the key gaps that need to be filled via a new Convention:

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1.Counting & remuneration of time spent waiting for the allocation of tasks & the right to disconnect

2. Protection & governance of workers’ personal data & right to privacy, including portability of digital reputation

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3.Governance of algorithmic management, including fairness & transparency of automated decisions inc. use of ratings, deactivations and other penalties, and surveillance

4.Individual & collective information & consultation rights (on algos & general workplace issues)

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5.Effective dispute resolution mechanisms
6.Effective labour inspection with access to relevant data & records from platforms
7.Cross-border nature of platform work & associated DW deficits linked to contracts, enforcement etc

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8. Living wages and sustainable rates, regular payment of wages and rates
9.Commission charges and fees
10.Standardised platform work contracts with specified matters included in all contracts.

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With these regulatory gaps, an MLC-type Convention is is the most effective, if not the only way, to address decent work deficits in the platform economy. Urgent action required. Record of proceedings will show that 16 out of 24 experts were open to standard-setting.

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The Employers did not negotiate with a view to building consensus. Totally wrong spirit. I'll leave it at that. The matter is now referred to the GB. Our fight for Convention has only begun. We're ready.

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