Connect with us

Workers

Uber Drivers To File In Employment Court As New Gig Economy Report Launched

Published

on


WHAT:

A new report on the state of the gig
economy that includes a survey of gig workers is being
presented to Minister Michael Wood at Parliament today, as
FIRST Union and E tū confirm they are in the process of
filing a case in the Employment Court on behalf of Uber
drivers.

‘Gig Work in Aotearoa’ is a report by FIRST
Union that delves into the experiences and difficulties
faced by gig workers like rideshare and food delivery
drivers, and considers international precedents and
potential options for reform.

The report (available HERE)
is based on a late-2020 survey of workers in the gig economy
in which more than half of respondents estimated their
hourly income to be less than the minimum wage after
expenses.

FIRST Union and the Council of Trade Unions
say the evidence is concerning and requires urgent
legislative changes to end loopholes in industrial law that
enable the exploitation of gig workers, as well as better
enforcement of existing laws.

The case being filed in
the Employment Court seeks a determination that Uber drivers
are employees rather than contractors. As contractors, they
are denied basic rights, such as holiday pay, sick leave,
and the right to join a union and collectively bargain their
wages and conditions. They also have no legal recourse in
the event of an unfair dismissal, FIRST Union
says.

WHEN / WHERE:

Wednesday 14 July,
10:30-11:00am

Parliament Forecourt, Parliament
Buildings, Wellington

An Uber driver will drive
representatives from FIRST and the CTU onto the
Parliamentary Forecourt to meet Minister Michael Wood and
deliver the report. Union representatives will be available
for media interviews afterwards.

WHY:

“Gig
workers currently have no voice at work, and lack
protections and fair remuneration for what are precarious
and difficult jobs,” said Anita Rosentreter, FIRST Union
Strategic Project Co-ordinator.

“They aren’t able to
join a union or speak publicly about their situation without
consequences, and this is the first time we’ve been able
to gather data from across the gig economy to examine some
of the wider trends.”

“It’s the right time for our
unions to come together and work with these drivers to test
their employment status in Court, and it’s the beginning
of an important process that could have far-reaching
benefits for workers who are currently misclassified as
contractors.”

“We have an opportunity in Aotearoa to
get ahead of the worst excesses of the gig economy and learn
from ample overseas evidence that employment laws need to be
fit for purpose, not prone to exploitation by companies like
Uber.”

“More than half of the respondents to this
survey said that their hourly income after expenses is less
than minimum wage – that is simply not acceptable and can
only happen due to gaps in our regulatory framework and the
enforcement of it.”

“More than ever, we need to build
resilience as a nation, and dealing with the cracks in our
regulation that have benefitted overseas billionaires while
impoverishing Kiwi workers should be an obvious priority for
our
Government.”

© Scoop Media

 

Source link

Workers

Need for greater clarity in Labour Codes to accommodate gig workers: Industry

Published

on

By

While the pandemic and onset of technology has created new opportunities of employment such as work from home, part time employment, contract workers, and gig workers, it has also provided opportunities to women and students to reap the benefits of the digital wave. However, as we find new job opportunities on the rise, the traditional avenues have been severely affected by the pandemic. In this regard, it will be critical to have a coherent and well thought out Labour Code.

The new Labour Codes have a unique opportunity to foster recovery. It is imperative to find balance and provide accommodative support to the new forms of employment. The labour codes need to recognize small contract labourers and businesses and make provisions for them.

Lack of uniformity and varied regulations at the state level have had an impact on other aspects of employment as well. These variations are disruptive to businesses with operations across various states and may result in workload disparity and deterioration in quality of the production. The rules skirt over the realities of the digital economy and seek to transpose legacy regulation and limitation on growth. In line with this, Mr. Kazim Rizvi, Founding Director, The Dialogue, was of the opinion that, “Businesses, especially small organisations and startups, are still coming out of the repercussions of the COVID-19 pandemic. The labour laws, if implemented in the current form, will not only increase the pressure and compliance burden on the companies but also affect their financial output. The role of gig workers is vital in this new economy, and provisions must be made towards giving them adequate compensation and recognition.”

The Panelists highlighted some key focus areas such as flexibility in work hours, need for clarity in the definition of core activity, social security for the gig workers and taking into account emerging job models that need consideration to help guide the discourse towards an enabling framework. Centre, state and other stakeholders have to work together in order to ensure that maximum benefits are accrued to the gig workers while being mindful that businesses are not overburdened. Given the subject matter these codes regulate, there is a constant need of dialogue among the stakeholders to improve the legislation while securing the workforce.

Speaking on this, Mr. Ram Rastogi, Digital Payments Strategist, stressed that, “The e-commerce platforms have revenue-sharing arrangements with the people on their platforms. Thus, there needs to be a differentiation for people working full-time and people working in flexible models. Labour codes shouldn’t deter industries that are performing well and consider a performance-based pay model.”

He further stated, “Gig workers do the most hard work and make only a small fraction of what permanent workers make. Policymakers should think about them before coming out with the codes and should encourage state governments to work on policies for them.”

Suchita Dutta, Executive Director, India Staffing Federation, “Formal Contract work and employment is growing in India. It is helping people pick up new skills and become more industry relevant. While Formal contract labour is well protected for social security and all applicable labour laws including wages, the Gig workers still find the similar format of protection. To realise the full potential of the labour codes, there needs to be continuous dialogue across the sectors to tap the maximum impact for the benefit of gig workers.”

Avik Biswas, Partner, Indus Law, “The gig economy workers, for the first time, has been statutorily recognized in India. While the objective of the Codes vis-à-vis the gig economy can be predicted given the way several international regulations on this subject has been structured, we are however still at a stage where a lot more clarity is required on the operative parts of the regulations and how they would substantively affect both companies and workers alike. The obvious way forward appears to be the necessity of a constant dialogue and consultation between the government, employers and other relevant stakeholders.”

There is a need for the government to acknowledge the various types of workforces across different sectors. The one-size-fits-all approach may not work since the codes haven’t taken into account rising digital industries such as e-commerce. Additionally, this code might be exclusionary in nature to the small businesses and gig workers in the country especially in states like Maharashtra where people receive work on contractual basis. Hence, it is essential to examine the grey areas in the codes and rework the same.

Published on: Wednesday, September 22, 2021, 08:26 PM IST

Source link

Continue Reading

Workers

Singapore looks into more protection for gig workers

Published

on

By

An advisory committee expects to provide recommendations that require legislative change by the second half of next year.

A newly formed committee in Singapore will be looking into more protection for gig workers, in the areas of retirement and housing adequacy, work injury financial protection and bargaining power.

The advisory committee expects to be done with the work by the second half of 2022, with a possible end goal of putting out recommendations that require legislative change, said Senior Minister of State for Manpower Koh Poh Koon. 

“It could well be a set of tripartite guidelines, for example, to guide either workers or platform operators on what is the expected behaviour… It may well be other things that require legislative changes to bring into effect; some of the measures that need to be secured and guarded by law to give adequate legal protection,” he said, reports the Business Times. 

“Or it could well be something that we leave to the union, for example, to have the flexibility to negotiate with the platform operators, because the situation can evolve; platform business models can change as well, so we do not want everything to be a one-size-fits-all.”

READ: Singapore urges SMEs to adapt, build workforce for post-pandemic

The committee is focused on three groups of gig workers: delivery workers, private-hire car drivers and taxi drivers. It comprises industry experts, academics and government representatives, and is headed by Goh Swee Chen, chairperson of the Institute for Human Resource Professionals.

Source link

Continue Reading

Workers

Help gig workers get social security benefits: Plea in SC | India News

Published

on

By

NEW DELHI: A petition has been filed seeking intervention of the Supreme Court in helping secure social security benefits for gig workers engaged by Uber, Ola Cabs, Swiggy, Zomato and other app based service providers.
The petition, jointly filed by a registered union and a federation of trade unions representing app-based transport and delivery workers, and two individual drivers who have worked with Ola Cabs and Uber, alleged that denial of social security like pension and health insurance to them is violation of their right to life and right against forced labour. “The present petition is being filed raising questions of the great public and constitutional importance namely whether the ‘Right to Social Security’ is a guaranteed fundamental right for all working people- whether employed in the formal or informal sectors,” the petition, settled by senior advocate Indira Jaising, said.
“It is the case of the Petitioners herein who are known as gig workers and platform workers that they are in an employment relationship with the aggregators and hence covered by the definition of ‘workman’ within the meaning of all the applicable social security legislations including: The Workmen’s Compensation Act, 1923; The Industrial Disputes Act, 1947; The Employee’s State Insurance Act, 1948; Employee’s Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972 and ‘Unorganised Workers’ Social Welfare Security Act, 2008’,” it said.
The petition seeking SC’s direction to Centre said the mere fact that their employers call themselves “aggregators” and enter into so-called “partnership agreements” does not take away from the fact that there exists a relationship of employer and employee between them “At present these workers are not being provided the benefit of social security under any of the labour legislations. This defeats the very purpose of the social- welfare legislations, which seek to ensure social security-a facet the right to work and livelihood on decent conditions of work under Article 21 of the Constitution,” it said.
“These legislations have been enacted pursuant to the Directive Principles of State Policy with a view to ensuring basic human dignity to the workers. The inaction on part of the State in ensuring social security to the “gig workers” and “platform workers” notwithstanding the existence of the said laws, is the clearest violation of Article 21 apart from a violation of Article 14 and Article 23 of the Constitution.



Source link

Continue Reading

Trending

Copyright © 2019 Gigger.news.