Gig Economy Workers’ Rights: Legal Classification and Social Protection in Digital Labour Markets

Gig Economy Workers’ Rights: Legal Classification and Social Protection in Digital Labour Markets - by Shepherd, N. J.

Abstract

The rapid growth of digital labour platforms has created a new category of workers who fall outside traditional employment classifications, leaving millions without adequate legal protection and social benefits. This study analyses the legal classification of gig workers across jurisdictions, evaluates existing social protection mechanisms and proposes framework improvements that balance flexibility with worker protection. Using a mixed-methods approach combining doctrinal legal analysis with semi-structured interviews of 45 stakeholders (gig workers, platform representatives, legal experts and policymakers), four themes emerged: current binary employment classifications fail to capture the reality of gig work; significant disparities exist in social protection access between employees and gig workers; platform algorithms create new forms of control that challenge traditional employment tests; and emerging hybrid classification models show promise but face implementation challenges. The study concludes that legal frameworks must move beyond binary employee/contractor classifications, recommending intermediate worker categories, portable benefits systems, algorithmic transparency requirements and collective bargaining mechanisms adapted for digital labour markets.

Journal International Journal of Law and Societal Studies
Published 25 August 2025
Volume / Issue 2(1)
Pages 24-35
ISSN 3079-2614
DOI 10.61424/ijlss.v2i1.379

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