UN adopts landmark treaty to regulate gig economy labour standards

The United Nations International Labour Organization (ILO) has adopted the Decent Work in the Platform Economy Convention at its 114th annual conference in Geneva, establishing the first binding international agreement to regulate employment standards for digital platform workers. The convention passed with 406 votes in favour, eight against, and 36 abstentions, marking a significant shift in international labour governance.

The treaty is designed to extend fundamental labour protections to hundreds of millions of workers globally, including those engaged in food delivery and taxi services. A central provision of the agreement requires an end to the classification of workers as independent contractors when such status is used to deny them employee benefits. This classification has been widely utilised by platform companies to avoid standard labour obligations, despite the companies retaining control over work times and locations.

Key mandates within the convention include the enforcement of minimum wage requirements, as well as obligations for healthcare, sick leave, and social security contributions. The text explicitly applies to all digital labour platforms and workers, regardless of whether they operate within the formal or informal economy. This broad scope addresses the exclusion of a growing segment of the workforce from traditional labour safeguards.

Amanda Brown, vice chair of the ILO’s Workers’ Group, described the adoption as a landmark moment for international law. She noted that the agreement serves as a direct response to years of documented abuse and exploitation, ensuring that workers who move cities and provide essential care services are formally recognised and protected by a binding standard.

Conversely, Roberto Suarez Santos, head of the International Organisation of Employers (IOE), welcomed the framework for its inclusion of flexibilities. He emphasised that the convention respects national legal systems, allowing member states to determine employment status according to their own laws and established criteria. This provision suggests that implementation may vary across jurisdictions rather than imposing a uniform global definition of employment.

While the ILO lacks direct enforcement power, the convention establishes mechanisms for accountability. Member states can file formal complaints that may lead to investigations, increasing diplomatic and political pressure on governments to comply. Furthermore, once a country ratifies the convention and incorporates it into national law, individuals may be able to pursue legal action against platforms for direct redress.

The World Bank estimated in 2023 that there could be as many as 435 million people globally considered app-based gig workers. The adoption of this treaty represents a coordinated institutional effort to address the regulatory gaps that have emerged alongside the rapid expansion of the digital labour market.