ABSTRACT

This chapter focusses on procedural rights that must be afforded to on-demand platform workers. These include the fundamental right (recognised in International Labour Organization instruments) of freedom of association. The chapter describes various new associations that are forming in different labour markets to advance the interests of platform workers. It also addresses the role that traditional unions are playing in organising gig workers and discusses the potential role for collective bargaining in setting substantive labour standards, and the need for exemptions from competition laws to allow industrial/boycott activity by associations of workers in pursuit of their claims. This chapter also deals with the importance of protection from capricious contract termination to support respect for substantive rights, and the right to collective action. Access to inexpensive tribunal determination of disputes is also a fundamentally important procedural right, essential for ensuring the proper enforcement of rights.