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Uber, Lyft drivers strike to win labor rights for US gig workers, Auto News, ET Auto

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Labor organizers want to roll back a 2020 California ballot measure that cemented gig workers as independent contractors after their drive firms mounted a $200-million campaign against a state law aimed at forcing them to treat workers as employees.
Labor organizers want to roll back a 2020 California ballot measure that cemented gig workers as independent contractors after their drive firms mounted a $200-million campaign against a state law aimed at forcing them to treat workers as employees.

Los Angeles: Drivers for Uber and Lyft have staged strikes in cities across the United States, urging Congress to grant gig workers the right to band together and push for better wages and working conditions.

Wednesday’s protests – from California to Maryland – reveal an increasingly fractious dispute over how gig workers should be regarded by law and what rights they deserve at work.

The question is under debate in Congress as lawmakers wrangle over whether the self-employed can bargain collectively as part of a wider Protect the Right to Organize Act (PRO Act).

“We want a seat at the table,” said driver Alvaro Bolainez, part of a 50-strong protest at Los Angeles airport.

Bolainez urged his fellow drivers to turn off their apps and lay down their keys, saying his pay was consistently and unilaterally cut by the rich ride-sharing companies he serves.

“It’s like a rollercoaster – one week I can make $1,000, the next I’ll make $400 working the same number of hours,” he said.

A spokesperson for Lyft said in an emailed statement that the company is “fighting to expand benefits and protections for drivers in a way that allows them to keep their independence. This is the type of forward-looking approach our drivers want.”

Uber referred questions to the Protect App-Based Drivers and Services Coalition, a pro-industry group, which said most driver earnings were on the rise in California.

It also sent remarks from drivers who oppose the strike.

“I treat it like it’s a business and I drive smart,” said 65-year-old Jim Pyatt, a part-time driver in California. “I never make less than $35 an hour and I love the flexibility.”

But at the L.A. rally, drivers told a very different story – recalling days when earnings lagged the minimum wage, of idling roadside for hours or paying out of pocket for vehicle repairs.

Labor organizers want to roll back a 2020 California ballot measure that cemented gig workers as independent contractors after their drive firms mounted a $200-million campaign against a state law aimed at forcing them to treat workers as employees.

A Reuters calculation found the 2020 measure had saved Uber and Lyft $392 million each in costs such as payroll taxes and worker compensation.

“It created a second-class status for all app-based workers in California,” said Nicole Moore, a rally organizer who urged the Senate to pass the PRO act when it votes on a multi-trillion dollar spending package under negotiation.

The law would, among other measures, reclassify many independent contractors as employees for the purpose of collective bargaining, though not for wage laws and benefits.

Veena Dubal, an employment law professor and critic of gig company practice, said with debate fomenting over worker rights, the West Coast was a microcosm of a far bigger problem.

“Although the action is centered in California, it’s really workers over the country participating because they know California is the epicenter of the business model, but the companies are trying to export it elsewhere,” she said.

In recent months, gig firms have courted unions and state officials in an effort to cement their workers’ status as independent contractors in all U.S. states so as to cut costs.

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Under the proposal outlined in a regulatory filing with the California Public Utilities Commission (CPUC), the penalty would be reduced to $150,000, but Uber would pay $9 million to support a state victims’ fund and help create industry-wide safety and reporting standards.



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

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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

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Singapore looks into more protection for gig workers

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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.

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

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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.



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