Rights of Platform Workers
Rights of Platform Workers in Argentina, India, Spain, South-Africa and The Netherlands
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Platform Workers and Workplace Rights |
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| Topics | State of rights for platform workers in Argentina, India, Netherlands, South Africa, Spain | AR | NL | IN | ES | ZA |
| Minimum wage | Minimum wage legislation is not applicable to the platform workers. | 0 | X | 0 | 0 | 0 |
| Regular Pay | Provisions on regular pay are covered under civil legislation in some countries for platform workers. | 1 | 1 | 1 | 1 | 1 |
| Overtime Compensation | There are no provisions in the law on premium payment to workers who work beyond certain daily and weekly limits. | 0 | 0 | 0 | 0 | 0 |
| Paid Vacations / Annual leaves | Platform workers do not have access to paid annual leave or vacations except in Spain where self-employed have access to annual leave. | 0 | 0 | 0 | 1 | 0 |
| Employment Status | Platform workers are treated as independent contractors except where decided otherwise by the Courts. | 0 | 0 | 0 | 0 | 0 |
| Written Employment Contract | Platform workers generally receive “clickwrap” agreements, also referred to as “service agreements” which are covered under the Commercial and Civil Code. | 1 | 1 | 1 | 1 | 1 |
| Notice Requirement | There are no notice period requirements for independent contractors. | 0 | 0 | 0 | 0 | 0 |
| Severance Pay | There is no provision on severance pay on contract termination. | 0 | 0 | 0 | 0 | 0 |
| Maternity & Work (income) | Except for India, the Netherlands and Spain, maternity benefits are not available to the platform workers. | 0 | 1 | 1 | 1 | 0 |
| Employer Cares | Platform workers are not covered by the provisions of OSH legislation except in South Africa and Spain. | 0 | 0 | 0 | 1 | 1 |
| Labour Inspection System | The platform workers do not fall under the jurisdiction of labour inspectorate except in Spain. | 0 | 0 | 0 | 1 | 0 |
| Disability / Work Injury Benefits | Work injury benefit is not available to platform workers except in India and Spain. | 0 | 0 | 1 | 1 | 0 |
| Pension Rights | Platform workers are eligible for a state pension in Argentina, India, the Netherlands, South Africa and Spain. | 1 | 1 | 1 | 1 | 1 |
| Dependents’ / Survivors’ Benefit | Survivors of platform workers have access to benefits in Argentina, the Netherlands, South Africa and Spain. | 1 | 1 | 0 | 1 | 1 |
| Unemployment Benefit | Platform workers have access to the cessation of economic activity benefit only in Spain. | 0 | T | 0 | 1 | 0 |
| Invalidity Benefit | Invalidity benefit is available to the platform workers in Argentina, India, South Africa and Spain. | 1 | 0 | 1 | 1 | 1 |
| Sexual Harassment | Platform workers are covered under sexual harassment legislation. | 1 | 1 | 1 | 1 | 1 |
| Non-Discrimination | Platform workers are covered under the equal treatment legislation in Argentina, South Africa and Spain. | 1 | 0 | 0 | 1 | 1 |
| Freedom to Join and Form a union | Platform workers have the right to unionize in all countries except South Africa. | 1 | 1 | 1 | 1 | 0 |
| Freedom of Collective Bargaining | Platform workers have the right to collective bargaining in India, Netherlands and Spain. | 0 | 1 | 1 | 1 | 0 |
| Definitions: | ||||||
| 0 = Right not guaranteed under the legislation | ||||||
| 1 = Right covered under the legislation | ||||||
| X = Right in discussion | ||||||
| T = Right temporary and/or limited applicable | ||||||
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