LETTER: Rights of ‘digital’ workers in the spotlight

The ministry of employment & labour has proposed certain restrictions on the labour practices of people employed by digital platforms. An obvious example of this is Uber and Bolt drivers who are registered through the respective platforms. These registered “independent contractors” are challenging their status and are recording their unhappiness with regard to the payments received and their unilateral removal from the platform.

Other jurisdictions, especially in Europe and Canada, are tackling this problem by stretching their labour laws to create some control over the owners of the platform. There is a move afoot to define the relationship as one of employment and not as independent contractors. The public have been asked to comment on the registration of these workers.

It must be borne in mine that these drivers would also potentially have labour rights and claims against the owners of the motor vehicle in which they drive.  The situation becomes a lot more fuzzy if the Uber or Bolt driver owns the motor vehicle and drives for their own account.

It cannot be argued that workers in an apartment that uses Airbnb would have a claim against Airbnb. Clearly that scenario is vastly different as the workers in the Airbnb establishment are actually employed by the owner of the apartment or home.

Michael Bagraim

DA shadow deputy employment & labour minister

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