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Regulating work in the gig economy: What are the options?

2017/08/07 by Andrew Stewart, Jim Stanford · 7 citations
Health Professions · Social Sciences · #Digital Economy and Work Transformation #Employment and Welfare Studies #Labor Movements and Unions

paper · doi:10.1177/1035304617722461

openalex publication_date 2017/08/07 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/01

Abstract

Abstract Paid work associated with digital platform businesses (in taxi, delivery, maintenance and other functions) embodies features which complicate the application of traditional labour regulations and employment standards. This article reviews the extent of this type of work in Australia, and its main characteristics. It then considers the applicability of existing employment regulations to these ‘gig’ jobs, citing both Australian and international legislation and case law. There is considerable uncertainty regarding the scope of traditional regulations, minimum standards and remedies in the realm of irregular digitally mediated work. Regulators and policymakers should consider how to strengthen and expand the regulatory framework governing gig work. The article notes five major options in this regard: enforcement of existing laws; clarifying or expanding definitions of ‘employment’; creating a new category of ‘independent worker’; creating rights for ‘workers’, not employees; and reconsidering the concept of an ‘employer’. We review the pros and cons of these approaches and urge regulators to be creative and ambitious in better protecting the minimum standards and conditions of workers in these situations.

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