Algorithmic Management In Gig Workers: Examining The Risks To Workers’ Rights And Accountability Mechanisms
Saumya Dwivedi, B.A.LL.B. (Hons.), Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur
ABSTRACT
The redefining wave of digitalization has ushered in a new regulatory control over algorithm management in labour administration. This system operates various managerial duties, including delegation of work, logistics, monitoring productivity, performance tracking, enforcement of regulations, and customer feedback, all without any human intervention.
However, this shift in the execution of algorithm management has severe ramifications for labour’s rights, regulatory compliance, and accountability mechanisms. The key issue is the termination of digital platform workers on the basis of algorithm management. These evaluations frequently embed discriminatory biases and are opaque, with no adequate remedy for affected individuals.
The traditional laws struggle to keep pace with AI-driven management. The platform continuously monitors gig workers, who are unaware of the extent or purpose of the data collected about them. These developments raise significant threats to the violation of various fundamental rights, such as the right to collective bargaining, the right to privacy, the right to equality, the right to livelihood, and human dignity.
Additionally, the key issue is determining the accountability in cases of algorithmic discrimination, misuse of data, or unjust termination. Although the enactment of the Code of Social Security 2020 takes a step forward to define gig workers and platform-based workers, a significant gap remains, particularly for the protection of workers’ rights such as collective bargaining, job security, fixed working hours, etc. Moreover, currently there is no law that can directly regulate artificial intelligence in the workplace.
This paper critically analyses the inadequacies of the current legal framework to protect the workers’ rights in the digital world. It highlights the urgent requirement of comprehensive legal reform to safeguard the rights of workers and determine the liability for algorithm-driven harms. This paper also suggests ways to make corporations responsible for the harm caused by algorithm management in the digital workplace.
Keywords: Algorithmic management, gig workers, risk to workers’ rights, Accountability mechanism.
