Collective Bargaining In The Gig Economy: Reimagining Labour Rights In Platform Work
- IJLLR Journal
- 1 hour ago
- 2 min read
Vishwadharshini S, Ganesh K, Kiruthiga N, Anbumathi VS & Chellakuzhali S, Dhanalakshmi Srinivasan University
INTRODUCTION
The gig economy's advent has drastically changed conventional work ties by bringing in platform-based employment agreements that are made possible by digital apps. Millions of people now have the opportunity to earn money flexibly thanks to platforms like Urban Company, Swiggy, Uber, and Zomato. Nonetheless, because platform workers are often classified as independent contractors rather than employees, this flexibility is frequently accompanied by a lack of labor protections. Historically, collective bargaining has been crucial in safeguarding employees' rights by empowering them to bargain collectively for better wages, working conditions, and social security payments. Workers might organize through trade unions and participate in collective bargaining thanks to the assumption of a distinct employer- employee relationship that underpinned traditional labour law structures. However, in the gig economy, worker misclassification, algorithmic management, fragmented work arrangements, and the lack of formal employer accountability are increasingly calling these presumptions into question. Consequently, even if they are financially reliant on digital platforms, gig workers frequently encounter considerable obstacles in using their collective bargaining rights. Many workers are subject to income instability, arbitrary platform decisions, and insufficient legal protection due to the lack of collective bargaining. This paper explores the difficulties gig workers encounter in obtaining collective bargaining rights and looks at the legal and structural obstacles that prevent platform work from being represented collectively. It examines the potential benefits of expanding collective bargaining protections to gig workers and suggests changes to create a more inclusive framework for labor rights in the digital economy.
Collective Bargaining in Traditional Employment Structure
The act of negotiating with employers over their working conditions via their representatives or trade unions is known as collective bargaining. This method helps level the playing field between employers and single workers. Employees work together to guarantee fair salaries, improved working conditions, and safeguards. According to the International Labour Organization (ILO), collective bargaining is the process of employers and worker groups discussing working conditions and terms of employment. While there is no clear legal definition of collective bargaining in India, it is supported by the Trade Unions Act of 1926, which permits trade unions, and Article 19(1)(c) of the Constitution. A clear employer- employee relationship existed when collective bargaining took place in conventional employment. Employees might use trade unions to bargain over wages, hours, safety, and leave, with the help of employers. Unions functioned as bargaining agents, creating collective agreements that established uniform standards for all workers, guaranteeing consistent safeguards without individual negotiations.
