Page 10 - Voice and representation of platform driver in VietNam

4 CHAPTER 1: Work platforms - an overview

At a closer look, the algorithmic management does out within specific working hours or at a workplace
not necessarily support the drivers/riders’ flexibility. specified or agreed by the party requesting the
The algorithmic management has five essential work; is of a particular duration and has a certain
characteristics: (i) the continuous monitoring of the continuity; requires the worker’s availability; or
behaviour of workers, (ii) the constant evaluation involves the provision of tools, materials and
of workers through assessments by customers, (iii) machinery by the party requesting the work;
decisions are made and implemented without human
interventions, (iv) workers interact through the (b) periodic payment of remuneration to the
application, thereby hindering the possibility of workers worker; the fact that such remuneration constitutes
being able to communicate with each other and to the worker’s sole or principal source of income;
personally appeal certain decisions and (v) a certain provision of payment in kind, such as food, lodging
lack of transparency about how the algorithm works, or transport; recognition of entitlements such as
due to both competitive commercial practices and the weekly rest and annual holidays; payment by the
very adaptability of the algorithm (Berg et al., 2018; party requesting the work for travel undertaken
Möhlmann and Zalmanson, 2017). 9 by the worker in order to carry out the work; or
absence of financial risk for the worker.
In addition, a worker’s rating, usually based on
algorithms that combine the evaluations of customers The nature of platform work does not necessarily satisfy
and the data collected from monitoring by the platform all these indicators. For instance, the work does not
itself, involves considerable work-related consequences. require specific work hours or a workplace, nor does
Generally, an insufficient score can have a negative it specify a particular duration or continuity because
impact on the possibility of gaining access to more platform workers, in theory, can self-determine when
attractive or profitable job offers (reserved for workers they stop working. However, the recommendation also
who are best positioned in this scoring system), and it urges member countries to allow ‘a broad range of
can even lead to the temporary or definitive deactivation means for determining the existence of an employment
of a worker (De Stefano, 2016). Moreover, the fact relationship’; and provide ‘for a legal presumption that
that not accepting work often causes a decrease in an employment relationship exists where one or more
the rating of workers who provide services through relevant indicators is present’.
platforms (with the risks that such a decrease implies)
brings into question the true flexibility of this type of Due to the growing protests of platform workers and
employment. their unions during the past five years, there were
several court rulings, mainly in Europe in early 2021,
Employment Relationship to acknowledge the employment relationship between
work platforms and their ‘partners’, including:
Because of the non-traditional business model of
platform companies, existing national and international • Britain: in February 2021, the UK Supreme
legal frameworks have not been fully applied to Court ruled Uber drivers should be classified as
determine whether the employment relationship workers.
10
between the platforms and their ‘partners’ exists.
• The Netherlands: in February 2021, the
At the international level, ILO Recommendation Amsterdam Court of Justice ruled that couriers from
198 (Art. 13) specifies two groups of indicators of the Deliveroo meal delivery service are entitled to
the existence of an employment relationship. Those an employment contract. 11
indicators might include:
• Italy: in February 2021, the Italian
(a) the fact that the work is carried out according to Justice Department forced the main delivery
the instructions and under the control of another companies to regularise 60,000 riders as salaried
party; involves the integration of the worker in the workers. 12
organisation of the enterprise; is performed solely
or mainly for the benefit of another person; must • European Union: on February 24, 2021,
be carried out personally by the worker; is carried the European Commission launched a first phase

9 https://www.ilo.org/wcmsp5/groups/public/---americas/---ro-lima/---ilo-buenos_aires/documents/publication/wcms_765150.pdf
10 https://www.supremecourt.uk/cases/docs/uksc-2019-0029-press-summary.pdf
11 https://myprivacy.dpgmedia.nl/consent?siteKey=PUBX2BuuZfEPJ6vF&callbackUrl=https%3a%2f%2fwww.volkskrant.nl%2fprivacy-wall%
2faccept%3fredirectUri%3d%252fnieuws-achtergrond%252fdeliveroo-koeriers-hebben-recht-op-een-contract-sluit-het-net-zich-rond-
de-platformeconomie%257eb5f357b3%252f%253futm_campaign%253dshared_earned%2526utm_medium%253dsocial%2526utm_
source%253dtwitter
12 https://www.ilsole24ore.com/art/deliveroo-glovo-uber-eats-e-foodora-sotto-scacco-pm-milanesi-sanzioni-733-milioni-ADzTFqLB

Voice and representation of platform drivers in Vietnam