South Asian Platform Workers - DENIAL OF RIGHTS

The International Alliance of App-Based Transport Workers (IAATW) has recently released a report titled ‘South Asia Shadow Report on Platform Work Standards’ prepared on the basis of detailed survey and testimonials of app based workers of India, Nepal, and Sri Lanka. The report divides the issues being faced by app-based workers into 5 broad categories, identifies violations and makes recommendations.
    

1. Definitions and Scope: The primary issue addressed here is the failure to recognise app based workers as ‘workers’. Workers note that though the companies claim that these workers are their own “bosses” or are independent contractors, the same is not true. Decision making power lies solely in the hands of the management including rate, route, commission, deductions etc. The main arguing point to show that these workers are independent contractors is that their timings are self determined. However, testimonials show that workers are forced to remain logged in for long hours, well over 8 hours and face retributive action/ penalties for not remaining logged in. Workers are not in a position to read or to understand the standardised contracts they sign to enter employment, let alone seek amendments. Hence, in fact, the relationship is one of employer-employee, where the entire decision making power lies in the hands of the management. The report recommends that all app based workers must be granted the status of worker. Hence, the legal protections and benefits of workers must accrue to these workers and the accountability and responsibility of an employer must lie on the companies.
2. Fundamental Principles and Rights at Work: Workers note that despite long hours, they do not receive adequate wages, leading to unhealthy and insecure lives for themselves and their familites. Moreover, no effort was made by the managements to provide safety gear or occupational safety protections. The managements are able to evade accountability towards the health impact of long unregulated working hours, and go to the extent of forcing workers to pay for uniform/Tshirt and raincoats etc.  In some organisations, workers point to the prohibition on unionising, and the manner in which the locations of workers are always surveilled resulting in fear of gathering and retributive blocking. In this context, the report recommends regulations pertaining to health and safety, hours of work, discrimination, facilities that would be enforced by the labour inspectorate. The government must protect the right to unionise.
3. Wages, Hours, and Working Conditions: The testimonials reveal that app based workers often work for beyond 12-14 hours but do not receive subsistence wages let alone notified minimum wages for the same. No overtime payment is made for duty beyond eight hours. There is no transparency on payments made, and a same task can result in different wage outcomes. Arbitrary and opaque deductions are made. The responsibility for any cancellation on part of the customer also lies on the shoulders on the worker. Pay received by the workers is totally out of their hands and understanding. The company does not account for depreciation and petrol costs in its calculation of Wages, and deducts tax on the total amount sent to the worker.  Retaliation is common when workers take paid leave. The report recommends provision of guaranteed minimum warnings per minute/mile which should be regularly adjusted for inflation/ fuel rates. Pricing policy and wages must be transparent, with additional overtime, night or waiting period. Deductions must be capped and transparent. Time-off and health care must be provided. Collective agreements must be enabled.
4. Algorithmic and Data Management: Workers note that what so called algorithms are causing discrimination amongst workers in not only allotment of jobs but also earnings. Ratings determine earnings, and wokrers are not allotted last mile trips that would ensure incentives. Workers are not given an option to save their own data, but their data is exploited for profit by the managements. One worker noted “these apps keep showing rewards and punishments like a video game, pushing me to stay online 24/7, as if we are machines, not human beings, expecting us to work continuously to generate revenue for these companies.”. Workers are initially promised large incentives and benefits but are not informed when the terms of employment change. The report recommends that right to information should be enforced regarding use of algorithms in organising, supervising and evaluating work. Clear channels must be provided to challenge algorithmic decisions and changes in systems must be notified to workers. Algorithms should no result in discrimination in work allocation, remuneration or promotions. Workers must have the right to access and review all of their own data. Use of workers data should be regulated by way of legislation and negotiation. 
5. Access to Justice and Social Protection: Workers state that there is no physical office or person who can be approached to redress grievances and hotline processes are ineffective and lack accountability. In case of illegal deductions or deactivation of workers ID, workers have no effective and timely grievance redressal system. In case of worker – customer conflict, the companies expect the workers to apologise without any opportunity. Workers who face threats or conflicts during workplace are not given any support. Workers are informed in labour department that labour laws do not apply to them.  The report recommends implementation of policies aligned with labour standards including provision of social security to workers. There must be accessible, impartial, fast, and affordable dispute resolution mechanisms and legal remedies. Natural justice must be complied before termination of a worker. 

The gig economy, which for now is limited to certain forms of work is constantly expanding. In a recent controversy, Urban Company launched ‘InstaMaid’ which provided for domestic workers to go to a house within 15 minutes, depriving her of legal benefits of employment and social security. Surprisingly, gig work for physicians and doctors is increasing. While initially, workers believe the models to be well paying and sustainable, various reports show that across platforms, the real working conditions of gig and platform workers are worsening year by year. 

The various issues brought out by the report emerge out of a fundamental shift that enables companies to blatantly violate laws by arguing that those who do the work are not ‘workers’ at all. It is this foundational issue that must be tackled by unions.