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HomeLatest NewsThe ILO includes work on digital platforms in its roadmap for 2025

The ILO includes work on digital platforms in its roadmap for 2025

Date: June 3, 2023 Time: 23:11:25

The International Labor Organization (ILO) has decided to address the labor regulations applicable to digital platforms in the Council of 2025 and, if necessary, in the outside of 2026. The international organization has included this issue in its roadmap after it A group of experts in the field have concluded that there is a need to put an end to false self-employment, that work management through algorithms incurs discrimination based on gender and that it makes it difficult to carry out an effective labor inspection. The document entitled ‘Analysis of the regulatory gaps in terms of decent work in the platform economy’ has been presented this March and aims to serve as a basis for future decision-making.

The world of digital platforms is expanding and has long gone beyond food delivery applications or chauffeur-driven vehicles (VTC), explains the doctor in Law and professor of Labor and Social Security Law at the University of Valencia, Adrián Todoli, who has been part of this commission of experts. “Currently, there are many professionals who work through these platforms, for example caregivers for the elderly or children who use applications that work very similar to Uber. But there are also platforms for lawyers, architects, designers, translators, tourist guides, practically any profession that can be practiced individually”, he explains.

In their analysis, they have observed that in a significant number of countries the figure of the self-employed worker is used, despite the fact that they provide services for a single company, which constitutes a fraud of the law, since they do not have a contract, but they operate as wage earners. “The key is that it is not just a national issue, but rather it is international and that is why the ILO enters into it. wage earners, which causes a lot of damage to workers and Social Security,” Todoli points out. The Labor Law professor points out that Spain is advanced on this issue thanks to the ‘rider’ Law approved in 2021, however, there is still a wide margin for improvement since it is only applicable to delivery people.

The document also affects the problems derived from the lack of control of the hours that these workers allocate to their professional activity, since there is currently no regulation that sets a maximum limit of hours to work for those people who have more than one job. I pawn. While the investigation shows that it is common for distributors to make shipments for more than one platform with the aim of achieving a minimum income. On other occasions, these platforms are used as a complement to another full-time working day that is insufficient to meet the cost of living.

The employee does not know how much he will get for a service

Likewise, the team of experts has underlined the importance of addressing the role of algorithms in the management of this type of employment, an issue that has many derivatives. Typically, the employee does not know how much he is going to get for providing a certain service, since the rates charged to the client vary depending on demand, hours or other factors. This constitutes a gap compared to the rest of the workers, who, in accordance with labor legislation, must know what the purpose of the contract is -as well as the employer- that is, what remuneration they are going to obtain. In addition, in the face of a negative review, these algorithms can apply deductions to the employee’s remuneration, without the employee having the opportunity to discuss it with a superior, since he decides on an AI. A cut that is added to the costs that the company may introduce for maintenance of the equipment or rental of the algorithm, for which they denounce a lack of transparency and irregularity with respect to salaries.

It also acts as a barrier for the Labor Inspection, since it is often easy to discern if the application or work tool issues orders or recommendations. “Normally, to determine that a worker is an employee is done through instructions, when the company gives you a schedule and instructions, the Inspectorate knows that you are an employee,” explains Todoli. In some cases, it is the algorithm that is in charge of this function, which entails difficulties for its control, which is why the Rider Law expressly recognizes that those whose work the algorithm directly or indirectly controls will be employees. or implied.

“Sometimes the algorithm is capable of creating an environment in which, without giving you direct orders, you can only do what it wants,” says the expert, who takes as an example the dynamics by which food applications assign the order to the dealer who is closest, which translates into long lines of ‘riders’ at the doors of the main fast food companies. “It is a required order, it is not put in writing, but the reality is that the worker has to act in a certain way. The case of the delivery men is obvious, but it entails many difficulties for the rest of the professions, because the The inspector does not know what obligations the worker has”, he points out.

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.

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