Focus Journal Law Review
Vol 4 No 1 (2024): Focus Journal Law Review Vol. 4 No. 1

Gig Economy Worker’s Legal Status: Employee or Independent Contractor?

Ni Kadek Ayu Sri Undari (Unknown)
Haruka Sugiyama (Unknown)



Article Info

Publish Date
26 May 2024

Abstract

The gig economy was born as a new economic scheme due to technological disruption and digital transformation, which shifted conventional employment patterns. In principle, gig economy workers have no formal working hours because their services can be widely accessed and used through the on-demand platform provided by a company. Their freedom to determine when, where, and how they work makes gig workers unable to be classified as employees, thus putting them in a precarious position without legal protection. This study aims to understand gig workers and platform provider companies' employment relationships, further defining the scheme of gig workers' legal protection. This study is a normative legal research with statutory and conceptual approaches, which are discussed using descriptive and argumentation methods. The study results show that according to the International Labour Organization's employment relationships classification, gig workers can be classified as a non-standard employment relationship in the form of dependent self-employment, which falls in a gray area between employee and independent contractor. The legal protection for gig workers can be accommodated by three different schemes, including expanding the concept of workers, defining a third category, and establishing independent legislation.

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Journal Info

Abbrev

fjl

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any ...