Fairwork South Africa Ratings 2020: Labour Standards in the Gig Economy - Labour Standards in the Gig Economy
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Labour Standards in the Gig Economy | 1
Fairwork South Africa
Ratings 2020:
Labour Standards in
the Gig Economy
2 | Fairwork South Africa Ratings 2020
Editorial:
Towards Fair Work
As the world economy becomes ever more digitised, the
gig economy has come to define a greater share of labour
processes around the world. Labour-broking digital platforms
are facilitating the shift towards a gig economy, not just for
cloudworkers (e.g. Upwork), but also for location-based platforms
such as ride-hailing (Uber, Bolt), temporary household assistance
(SweepSouth) or food delivery (Mr D).
Platforms have the potential to address The Fairwork Project focuses on that it is deserved. We are proud of
South Africa’s huge unemployment five core principles of fair platform our independence and impartiality,
problem. But, at the same time, some work: Fair Pay, Fair Conditions, Fair since we’re not directly affiliated with
are disrupting existing social and Contracts, Fair Management and Fair workers, platforms or government.
labour structures, and potentially Representation. We award scores out
eroding existing jobs. Ride-hailing of ten to a platform based on whether The Centre for IT and National
platforms are taking chunks out of the they meet the basic standard (1 Development (CITANDA) at the
taxi market, but are simultaneously point) and achieve a higher standard University of Cape Town (UCT) is
generating demand: many people who (1 additional point) for each of these spearheading the Fairwork ratings
would never have considered taking a five principles. The first two principles in South Africa, along with partners
taxi now frequently ‘Uber’ somewhere. concern whether workers receive from the University of Oxford and the
a fair pay for their work and if their University of Manchester, who are also
Sadly, not all is well. Apart from jobs are characterised by healthy implementing this ratings scheme in
creating market shifts, empirical and safe working conditions. The India, Germany, and the UK. We also
evidence increasingly reveals three others focus on whether the have a legal team from the University
that platform workers experience platform’s contract with the workers is of the Western Cape (UWC) and Oxford
precarious and unfair conditions; for fair; whether management processes who look at potential government-
instance the pay levels have sometimes and communication channels are level policy actions and regulatory
become a race to the bottom. Work in clear and transparent; and whether interventions to better protect gig
the gig economy is often unsafe and platforms allow for the expression of workers. Furthermore, we are aiming
insecure. Workers lack protections worker voice through open worker to sensitize and influence customers/
afforded to regular employees, like representation. clients of these platforms to take note
sick pay and unemployment benefits. of our ratings. We are also in constant
They are also vulnerable to arbitrary We assessed evidence against each of discussions with platforms themselves,
termination, often based on inequitable these principles through a combination and some have demonstrated a
regimes of customer ratings. Because of worker interviews in Johannesburg concern for fair working conditions by
of these inequities, the Fairwork team and Cape Town and platform-provided taking action to improve their score.
has taken action to highlight unfair evidence. Given the complex and
labour practices in the gig economy, dynamic nature of the platform This is our second year of rating South
and to assist workers, consumers and economy, reliable data can be difficult African platforms: we’ve added a
regulators as they hold platforms to to come by. We therefore only award number of platforms, including some
account. a point when we have clear evidence highly-rated ones such as M4Jam
and GetTOD, and are continuing to
Labour Standards in the Gig Economy | 3
finetune our methodology. Thanks to
the success and impact achieved in this
project, an exciting development is that
Contents
UCT is now also officially spearheading
three Fairwork-aligned rating projects
in Ecuador, Chile and Indonesia. The
fact that some platforms are actively
improving their working conditions 02 Editorial: Towards Fair Work
(and attendant scores) based on
our recommendations; as well as
the fact that research teams from
multiple countries are seeking to
join the Fairwork network, speak to
04 The Fairwork Framework
the significant social impacts of our
06
research. Overview of the South African Gig
While South Africa’s move towards Economy
the Fourth Industrial Revolution is
inevitable and largely welcome, it is
crucial that we safeguard important
protections for workers. The range in
Fairwork scores across South African
09 The Legal Context: What Makes a
Worker an Employee?
platforms is proof that very different
11
models of work are possible within the
gig economy. Crucially, this points to Fairwork Scores
pathways for effective regulation, and
provides a basis from which collective
13
bodies of workers can formulate their
demands. Our hope is that workers, Platform in Focus: GetTOD
consumers, regulators and companies
use the Fairwork framework and
ratings to imagine, and realise, a fairer
South African gig economy.
14 Workers’ Stories
15
Theme in Focus: Minimum and Living
Wages for Platform Workers
16 Impact and Next Steps
18
Appendix: Fairwork Scoring
System
Prof Jean-Paul Van Belle,
22 Credits and Funding
Department of Information
23
Systems, University of Cape
Town Endnotes
4 | Fairwork South Africa Ratings 2020
01 The five
principles
Fair Pay
Workers, irrespective of their
employment classification, should
earn a decent income in their home
jurisdiction after taking account of work-
related costs.
Fair Conditions
Platforms should have policies in place
to protect workers from foundational
risks arising from the processes of work,
and should take proactive measures
to protect and promote the health and
safety of workers.
The Fair Contracts
Terms and conditions should be
Fairwork
transparent, concise, and provided
to workers in an accessible form. The
party contracting with the worker must
be subject to local law and must be
Framework
identified in the contract. If workers
are genuinely self-employed, terms
of service are free of clauses which
unreasonably exclude liability on the
part of the platform.
Fairwork evaluates the working Fair Management
conditions of digital platforms There should be a documented process
through which workers can be heard,
and ranks them on how well they can appeal decisions affecting them,
and be informed of the reasons behind
do. Ultimately, our goal is to show those decisions. There must be a
clear channel of communication to
that better, and fairer, jobs are workers involving the ability to appeal
possible in the platform economy. management decisions or deactivation.
The use of algorithms is transparent
and results in equitable outcomes for
workers. There should be an identifiable
To do this, we use five principles that digital platforms should
and documented policy that ensures
comply with in order to be considered to be offering ‘fair work’.
equity in the way workers are managed
We evaluate platforms against these principles to show not only
on a platform (for example, in the hiring,
what the platform economy is, but also what it can be.
disciplining, or firing of workers).
The five Fairwork principles were developed at a number of multi-
stakeholder workshops at the International Labour Organisation.
To ensure that these global principles were applicable in the
Fair Representation
South African context, we then revised and fine tuned them in Platforms should provide a documented
consultation with platform workers, platforms, trade unions, process through which worker voice
regulators, academics, and labour lawyers in Cape Town and can be expressed. Irrespective of their
Johannesburg. employment classification, workers
should have the right to organise in
Further details on the thresholds for each principle, and collective bodies, and platforms should
the criteria used to assess the collected evidence to score be prepared to cooperate and negotiate
platforms can be found in the Appendix. with them.
Labour Standards in the Gig Economy | 5
02 Methodology
overview
The project uses three approaches
to effectively measure fairness at work.
Desk Research Worker Interviews
The process starts with desk research to The third method is interviewing
ascertain which platforms are operating platform workers directly. A sample of
in each city, as well as noting the largest 6-10 workers is interviewed for each
and most influential ones. This provides platform. Workers are approached
the overall range of the platforms that either through the platform directly
are ranked, as well as identifying points or at known worker meeting points.
of contact or ways to access workers. These interviews do not aim to build a
Desk research also flags up any public representative sample. They instead
03
information that could be used to seek to understand the processes
score particular platforms (for instance of work and the ways it is carried How we
the provision of particular services to out and managed. They allow us, for score
workers, or ongoing disputes). instance, to see contracts and learn
about platform policies that pertain to Each of the five Fairwork principles is
Platform Interviews workers. The interviews also allow the broken down into two points: a basic
The second method involves team to confirm or refute that policies point and a more advanced point that
approaching platforms for evidence. or practices are really in place on the can only be awarded if the basic point
We interview platform managers platform. has been fulfilled. Every platform
and request evidence for each of the receives a score out of 10. Platforms
are only given a point when they
Fairwork principles. This provides
insights into the operation and business
Putting it all together can satisfactorily demonstrate their
model of the platform, while also This threefold approach provides a implementation of the principles.
opening up a dialogue through which way to cross-check the claims made
by platforms, while also providing the Failing to achieve a point does not
the platform could agree to implement
opportunity to collect both positive necessarily mean that a platform
changes based on the principles. In
and negative evidence from multiple does not comply with the principle in
cases where platform managers do not
sources. Final scores are collectively question. It simply means that we are
agree to interviews, we limit our scoring
decided by the Fairwork team based on not – for whatever reason – able to
strategy to evidence obtained through
all three forms of information gathering. evidence its compliance.
desk research and worker interviews.
Points are only awarded if clear
Further details on the Fairwork
evidence exists on each threshold.
Scoring System are in the Appendix.
6 | Fairwork South Africa Ratings 2020 Overview of the South African Gig Economy The South African economy is characterised by a relatively highly developed internet infrastructure, regulatory conditions supporting “One danger is a innovation, high levels of unemployment, race-to-the-bottom a substantial informal sector, and extreme that squeezes good inequality. All of these factors make the practices out of the country ripe for the emergence of the gig market” economy, which is commonly understood as a labour market comprised of freelance and short-term jobs – or ‘gigs’ – wherein organisations contract with independent workers on a non-permanent basis, rather than recruiting full-time employees.1
Labour Standards in the Gig Economy | 7
Photo: EQRoy / Shutterstock
Growing numbers of South
African workers find work through
Unemployment rates are well above
40% for the black population, but less
Quality of Gig Work
multinational gig economy platforms than 10% for the white population; The employment challenge facing
like Uber, Uber Eats, Bolt and Upwork. nearly 45% for women, but 35% South Africa is not simply the
However, in part because of its novelty for men; and above 55% for those quantum of jobs but also the quality
and the struggle of formal statistics to under 25, but less than 20% for those of jobs being created. Like all of the
keep up, there are no reliable figures older than 355. Across demographic world’s economies, South Africa has
on the scale of the South African groups, unemployment rates have a spectrum of job qualities available.
gig economy. We have previously either persisted or grown in recent At one end of the spectrum is the
estimated that there are around years, creating an enormous economic best of formal-sector employment.
30,000 workers in location-based and socio-political pressure for job This is well-institutionalised: covered
platform work like taxi driving, delivery, creation. by relatively well-implemented
and cleaning2, and up to 100,000 government regulations, by
actively undertaking online work, or In the context of this unemployment
widespread trade union membership,
‘cloudwork’3. While many of the latter crisis, can South Africa’s gig economy
and potentially by other standards
will not be full-time, this still suggests platforms create new jobs, and at an
and agreements. As a result, most
gig work touches at least 1% of the increasing rate? Digital platforms are
workers enjoy reasonable levels of
workforce; and this number grows by frequently heralded as the solution to
pay and protections. At the other
well above 10% yearly. this problem, as they allow those who
end of the spectrum is the worst of
typically face barriers to employment
informal-sector employment. This, by
to find work more easily. Much of the
definition lies outside any framework of
Job Creation in the work on platforms has been around
for a long time: riding in a metered
regulation, standards and agreement
Gig Economy taxi, restaurants with their own food
and trade union membership is very
rare. As a result, the jobs created – it
delivery services, domestic cleaners
Of South Africa’s 40 million-strong is estimated that just under 20% of
hired directly by a family, etc. But
working-age population, just over 13 South African employment lies in the
demand, and therefore work, is also
million are classed as not economically informal sector – bring with them poor
being created by platforms (e.g. people
active4. Of the remaining 26 million, pay and conditions. It is, therefore the
getting an Uber/Bolt to go out at night
around 16 million are employed, high-quality, formalised jobs that South
when they might have previously
leaving nearly 10 million people – Africa most needs to be created.
stayed at home)6. Our worker data
close to 40% of the labour force suggests a reasonable impact: 30% So, are South Africa’s gig economy
– unemployed, with unemployment of our interviewees were unemployed platforms creating high-quality
rates skewed by race, gender and age. before getting work with the platform. formal jobs, or low-quality informal
8 | Fairwork South Africa Ratings 2020
40%
Nearly
of the South African
labour force is
unemployed.
jobs? Across contexts, our research the beauty of its landscapes. But it is provide a job for those previously
has shown that gig work skews to also well-known for a negative: that unemployed and where they pay a fair
the latter end of the spectrum: gig it is the world’s most unequal nation. wage, platforms are making a positive
workers face low pay (frequently Its Gini coefficient – a measure of how contribution. But where workers find
earning below minimum wages), unequal a society is – is nearly 50% themselves earning less than a decent
dangerous work conditions, opaque higher than the average for emerging wage and/or earning less than they
algorithmic management structures, markets and, unlike those other previously did, then inequality may be
and an inability to organise and bargain countries, South Africa’s inequality has worsening, not improving. We discuss
collectively7. The Fairwork scores (see risen, not fallen, in the past 20 years.8 this later in the report in relation to
Page 11) reveal that there is a lot of The top 1% in South Africa own 67% our evidence on minimum and living
variation among South African firms. of the country’s wealth; the top 10% wages.
Some platforms are actively trying to own 93% meaning, of course, that
create good-quality work, whereas the remaining 90% own just 7%9. In
there is no evidence that others are South Africa, the legacy of apartheid
operating with the same concern. means inequality remains highly
One danger is a race-to-the-bottom spatially and racially delineated10. With
that squeezes good practices out of this pattern fuelling high crime rates
the market. Fairwork’s mission is to and undermining social and political
prevent this from happening. cohesion, reducing inequality is a top
priority in the country. This includes
ensuring that technological change
Inequality and the reduces rather than increasing gaps.
Gig Economy Against this backdrop, it becomes
important to consider whether South
South Africa is well-known for Africa’s gig economy platforms can
many positives: its rainbow nation help to reduce inequality. Where they
multiculturalism; its sporting prowess;
Labour Standards in the Gig Economy | 9
Photo: Noel Tock / Flickr
The Legal Context:
What Makes a Worker
an Employee? The first problem is that this
classification is frequently a sham.
Objectively, on most platforms, workers
are under the platforms’ control and
Gig Economy platforms benefit from deliver their brand just like employees.
In several countries, workers have
a legal loophole that exists in South taken court action to claim employee
rights, in some cases successfully but
Africa, as in most countries: labour in others not, depending on the details
rights are limited to workers classified of their work and the local definition
of ‘employee’. In South Africa, Uber
as ‘employees’. Digital platforms can drivers who tried to do so were unable
even to have their claims heard. In one
avoid the costs and duties arising from case, drivers tried to take a dispute
with Uber to arbitration. Despite
employees’ rights – minimum pay, operating in the South African market,
maximum hours, paid leave etc. – by the Netherlands-based company was
wrongly held to fall beyond the reach of
classifying their workers as ‘independent South African law.11
contractors’. Workers on the platforms The route of litigation is therefore
fraught with uncertainty and
covered by this study were, without undoubtedly costly. While sham
employment must be exposed,
exception, classified as independent Fairwork and its co-thinkers believe
contractors. that a more effective solution lies in
promoting appropriate legal protection
10 | Fairwork South Africa Ratings 2020
Photo: VladanRadulovicjhb / Shutterstock
extending to all platform workers, centuries ago, the greatest obstacle
irrespective of their legal classification. is lack of political will on the part
of policy makers. There is a belief
This also addresses a second problem: that worker rights discourage job
employee rights were designed for creation and that, in South Africa,
‘standard’ employees, such as factory
“Decent work and
job creation is the bigger priority.
or office workers, working fixed hours However, decent work and job creation
job creation are not
in workplaces where their rights can be are not mutually exclusive. We need
enforced. But this is possible only to a to develop - by bringing workers and
mutually exclusive. limited extent, and with great difficulty,
in the context of platform work. Thus,
other stakeholders to the table - an
enforceable code of basic worker rights
We need to develop even those rights which do extend to that are compatible with sustainable
independent contractors – such as
an enforceable
business models. It is in this context
certain rights of domestic workers – that we see the Fairwork framework
code of basic
are difficult to apply to a dispersed providing one starting point for
workforce by means of the existing responsive and effective policy.
worker rights that institutions.
are compatible Moral pressure on platforms
can encourage them to make
with sustainable improvements but, unfortunately, not
all platforms will do so voluntarily. That
business models.” makes a floor of legal rights necessary.
However, as with factory workers twoLabour Standards in the Gig Economy | 11 Fairwork Scores Score (out of 10) GetTOD 8 NoSweat 8 SweepSouth 8 M4Jam 7 Picup 6 Domestly* 4 Uber 4 OrderIn 3 Uber Eats 3 Bolt 1 Mr D 0 The breakdown of scores for individual platforms can be seen on our website: www.fair.work/ratings *Domestly ceased operations in February 2020
12 | Fairwork South Africa Ratings 2020
Fair Pay
Most platforms can evidence that
workers’ gross pay is at or above the
minimum wage. However, gig workers
are expected to provide a lot of their
own equipment and pay work-related
costs out of pocket. When we use
a net calculation, only about half of
platforms can evidence this principle
of fair pay, and we see workers often
working very long hours to cover
expenses.
Fair Conditions
Fair Management
Six platforms are able to evidence
some action that they take to protect Arbitrary termination or deactivation
workers from risks that arise on their is a big concern for gig workers, who
jobs. But finding solid evidence of lack the recourse available to formal
efforts by platforms to more actively employees. That’s why we assess
improve working conditions was harder whether platforms have due process
to come by. This is likely due to the for decisions affecting workers. The
fact that the independent contractor Fairwork scoring system stipulates
status of workers means that platforms that platforms must include their
tread carefully here. However, some policies for disciplinary actions
platforms have shown improvement and deactivation in their terms and
is possible, through provisions like conditions, as well as provide clear
affordable health insurance for workers processes for workers to appeal
and their families. decisions. At the beginning of our
scoring process, only four platforms
could demonstrate such due process.
However, after engaging with Fairwork
in this round, two additional platforms Fair Representation
(GetTOD and NoSweat) have codified
their deactivation policies, providing Being able to freely organise is a key
Fair Contracts workers greater recourse. We also workplace right in most countries.
encourage platforms to ensure there is In the South African gig economy,
Platforms in South Africa tend to do equity in the management process, and there is still much that could be done
well when it comes to evidencing that steps are taken to be inclusive of to improve conditions in this regard.
a basic level of fairness in their marginalised or disadvantaged groups. Only about half of the platforms could
contracts: most platforms have clear Three platforms were awarded this point to meaningful worker voice
and accessible terms and conditions. advanced point, for example Picup mechanisms. While there are not yet
However, only two platforms (GetTOD showed us that they had made an any collective bodies of workers that
and NoSweat) were able to evidence active effort to recruit more women have been recognised by platforms,
that the employment status of their drivers, and M4Jam showed us that two platforms have published public
workers is clearly defined and that they they were consciously extending statements committing to recognise
do not unreasonably exclude liability income opportunities to the lowest- a collective body should one be
on the part of the platform. income communities in South Africa. organised by their workers.Labour Standards in the Gig Economy | 13
Platform in Focus:
GetTOD Total
Principle 1: Pays at least the local
minimum wage
Pays the local minimum
wage plus costs
2
Fair Pay
POINTS
Principle 2:
Mitigates task-specific risks
Actively improves working
conditions
1
Fair Conditions
POINT
Principle 3: Clear terms and conditions
are available
Genuinely reflects the
nature of the relationship
2
Fair Contracts POINTS
Evidence of equity and/or
Principle 4: Fair Provides due process for
decisions affecting workers
informed consent for data 1
Management
POINT
collection
Principle 5: Fair Includes freedom of Recognises body can
association and worker undertake collective 2
Representation voice mechanism representation/bargaining
POINTS
GetTOD overall score 08
GetTOD is a Cape Town based platform it would ensure that a tradesperson with a union or workers’ association,
that allows users to obtain the services could not earn below the living wage including this in its terms and
of tradespeople in their area. GetTOD (of R6800 per month) when working conditions. This is a commendable step
works with plumbers, electricians, through the platform. This provides to ensure fair worker representation.
builders and other tradespeople in certainty for workers from the outset. Having voice and collective power in
Cape Town, Johannesburg, Durban the workplace is essential for workers
and Pretoria. It could be argued that In contrast to some of the other if they wish to move away from
the company is a simple matching platforms we rate, GetTOD has exploitative relationships.
service: connecting clients and workers a clearly defined grievance and
much the same way that the Yellow disciplinary procedure, which workers Currently at an 8 out of 10, GetTOD
Pages used to do. However, upon are made aware of. While workers at could still do more. It needs to find
closer inspection, the company plays a some other platforms are vulnerable ways to actively promote health and
more active role in the labour process to deactivation without notice, GetTOD safety, and better working conditions,
- signing up and screening workers, follows a formal 3-strikes process, and to create space for members
providing guarantees for delivery, and notifying workers at each stage, and of underrepresented groups on the
payment to worker and client. In many providing avenues for appeal. After platform. GetTOD has indicated that
ways it shows that it has not just a engaging with Fairwork, GetTOD has it would like to find ways of recruiting
responsibility, but also the ability, to agreed to make this process more more female workers: something that
ensure fair working conditions. transparent to workers and has would be required for us to award a
amended its terms and conditions to point for our principle 4.2. Throughout
While most GetTOD tradespeople earn be explicit that workers have certain 2020, we hope to work with GetTOD to
well above minimum wages, they can rights during a disciplinary procedure. discuss the further changes that would
still face pressures after all their costs be required to get an even higher score
have been paid. After engaging with Finally, after working with Fairwork, next year.
Fairwork, GetTOD agreed to adopt a GetTOD has also publicly announced
living wage policy; publicly stating that its willingness to engage and negotiate14 | Fairwork South Africa Ratings 2020
Workers’ Stories
Amy* has driven for ridesharing platforms in sometimes there isn’t a lot of choice. The
Cape Town for the last year. As a woman driver, hijackers produced a weapon and told Amy* to
she is in the small minority, and told us that she drive for a long time. Eventually they left her,
Amy feels particularly unsafe in her work - especially but they took her shoes, phone and wheels.
at night. She worries about crime. Before she Because they took her phone, she wasn’t
drove for ridesharing platforms, she had full able to push the platform’s in-app emergency
time employment as a truck driver, but she was button during the ordeal.
laid off because the company was struggling.
With kids to support, she couldn’t lose any time After the hijacking she switched to working for
in finding a new source of income. a different platform, which she had heard was
more responsive in an emergency. Thankfully,
With the first platform she worked for, she this hasn’t been tested yet. Amy* is in a
experienced a traumatic hijacking. The WhatsApp group with other women drivers, and
passengers ordered a cash trip, which they arrange social get togethers. She hasn’t
means payment isn’t guaranteed upfront. heard of a union that would help make platform
Amy* doesn’t like taking cash trips but when work safer, but she would consider joining one
you’re competing with other drivers for fares, if it existed.
Brian* has worked as a food delivery courier which can threaten his future on the platform.
in Cape Town for four years. Back in his home Once a customer reported that he had a “bad
Brian country he held an advanced professional attitude”.
qualification. He’s been working on having
his qualification recognised in South Africa, The platform penalises the drivers if the order
but it’s a difficult process. In the meantime, is wrong or the delivery is delayed. Drivers
he is supporting his family by working for the can also face deactivation for lateness. Brian*
delivery platform for over 80 hours per week. said: “They may ‘switch you off’ if you reject
an order, even though you’re supposed to be
Brian* spends a lot of those hours waiting able to reject”. Brian* doesn’t mind working
outside popular restaurants with other food hard to support his family, but he is hoping
delivery couriers. The problem is that, when that soon his qualification will be recognised
he’s not on the bike, he’s not earning money. in South Africa, so that he can enjoy secure
But he has costs to cover. Brian* estimates employment, without the risk of injury or
his weekly income to be around R2000, but termination at will.
he pays about R875 per week for fuel, airtime
and maintenance. Brian* might just make over
minimum wage, but after costs are factored in,
he falls well below it.
When you’re riding a motorbike for much of
the day, accidents and injuries are a real risk.
But Brian* says “in terms of accidents [the
platform] doesn’t care about you.” There is no
assistance or injury cover. Sometimes calls to
*Names changed Photo: VladanRadulovicjhb / Shutterstock
the office go unanswered. Brian* is also worried
to protect worker
about receiving a bad rating from a customer,
identityLabour Standards in the Gig Economy | 15
Theme in Focus:
Minimum and
Living Wages for
Platform Workers
In the past half- South Africa’s national minimum wage
was introduced at the start of 2019:
other essential needs, including
provision for unexpected events”.13
century a wave of R20 per hour for most work; R15
Triangulating from other sources,
per hour for domestic work – rising
minimum wage by 3.8% from 1 March 2020. The Fairwork has calculated a living wage
demonstrated value of a minimum for South Africa to be R6,800 per
legislation spread wage led to it being incorporated into month – R39 per hour equivalent,
based on a working week of 40 hours.
throughout the the Fairwork principles under “Fair
Pay”. All of the platforms we rated – We are pleased to acknowledge
world. While except Mr D – were given a point for that two of the platforms we rated
– NoSweat and GetTOD – have now
their gross pay meeting minimum wage
the impact is levels. guaranteed that all jobs they post will
pay above the living wage.
much debated, However, a net calculation is more
appropriate as that tells us how much In other sectors, platforms wanting
a recent review money workers have for themselves to pay a living wage may need to
find a way to beat lower-paying
of international and their families. For our second “Fair
Pay” point, we therefore deduct the competitors. They may be able to
evidence concluded, costs workers must pay in order to raise income and reduce costs given
evidence linking living wage payments
work from their gross pay: e.g. petrol
“a very muted effect and vehicle maintenance for drivers, to improved worker productivity and
transport costs for domestic workers. performance, lower worker turnover/
of minimum wages On that basis, we were unable to absenteeism, and better manager—
worker relations.14 But they might also
on employment, demonstrate that workers’ net pay
at six of the eleven platforms we need customers willing to pay some
while significantly assessed were above minimum wage premium; in recognition of the better
service and wider social benefits –
levels.
increasing the reductions in poverty and inequality –
With criticism of the low level of the that living wages can bring. Ultimately,
earnings of low paid minimum wage in South Africa, we as platform users, it’s important
have also investigated the implications to ask ourselves whether we are
workers”.12 of a ‘living wage’: defined as enough for happy supporting industries in which
a basic but decent standard of living workers are paid below what they can
for a worker and their family including reasonably live on.
“food, water, housing, education,
health care, transport, clothing, and16 | Fairwork South Africa Ratings 2020
Impact
Our first and most direct pathway to
improving working conditions in the
gig economy is by engaging directly
and Next Steps
with platforms operating in South
Africa. Many platforms are aware of our
research, and eager to improve their
performance relative to last year, and
to other platforms. Platforms have the
ability to improve conditions for their
workers, while continuing to provide
This is the second annual round of income opportunities. Where positive
practices exist, Fairwork has had some
Fairwork ratings for South African success at seeing them encoded and
formalised. GetTOD’s inclusion of its
platforms, and we are seeing impact begin disciplinary process in its terms and
to build. As Fairwork’s reach and visibility conditions is one such example. While
it seems like a small step, it allows
increases, we see four avenues for workers to know and assert their rights,
and hold the platform accountable to
contributing to continued improvement in its policy. In addition, the freelance
platform NoSweat has created detailed
the South African gig economy. health and safety guidelines that
clients must sign up to, providing an
extra layer of recourse and security for
workers.
Fairwork’s theory of change also
draws on the understanding that
human empathy is a powerful
force. Given enough information,
many consumers will be intentional
about the platforms they choose to
interact with. Our yearly ratings give
consumers the ability to choose the
highest scoring platform operating
in a sector, thus contributing to
pressure on platforms to improve their
working conditions and their scores.
In this way, we enable consumers
to be workers’ allies in the fight for a
fairer gig economy. Beyond individual
consumer choices, our scores
can help inform the procurement,
investment and partnership policies
of large organisations. They can serve
as a reference for institutions and
companies who want to ensure they
are supporting fair labour practices.
We also engage with policy makers and
government to advocate for extending
appropriate legal protections to all
platform workers, irrespective of
their legal classification. In late 2019,
for example, Fairwork engaged with
senior officials in the Department of
Fairwork’s Pathways to Change Employment and Labour on creating
a floor of legally enforceable rights for
South African gig workers. In comingLabour Standards in the Gig Economy | 17
Fairwork’s Principles: Continuous
Worker-guided Evolution
Fairwork
Principles
Changes to Principles
(agreed at annual Fairwork symposium that
brings together all country teams)
Periodic International Annual Country-level Yearly Fieldwork
Stakeholder Stakeholder across Fairwork
Consultations Consultations Countries
(involving gig workers’, workers’ (involving gig workers’, workers’ (involving surveys and in-depth
organisations, cooperatives, etc) organisations, cooperatives, etc) interviews of gig workers)
Ongoing Advocacy Efforts
(involving campaigns for worker rights and
support to workers’ organisations)
years, Fairwork will continue our A key challenge in the gig economy There is nothing inevitable about poor
policy advocacy efforts to help ensure is that workers are often isolated, working conditions in the gig economy.
that workers’ needs and platforms’ atomised, and placed in competition Notwithstanding their claims to the
business imperatives are effectively with one another. The platform work contrary, platforms have substantial
balanced. model presents challenges for workers control over the nature of the jobs that
to connect and create networks of they mediate. Workers who find their
Finally, and most importantly, workers solidarity.15 But many of the workers jobs through platforms are ultimately
and workers’ organisations are at we talked to are already starting to still workers, and there is no basis
the core of Fairwork’s model. First, organise. This can start with something for denying them the key rights and
our principles have been developed as simple as establishing stokvels protections that their counterparts in
and are continually refined in close (contingency funds, which everyone the formal sector have long enjoyed.
consultation with workers and their contributes small amounts to) which Our scores show that the gig economy,
representatives. Our fieldwork provide some collective cover in the as we know it today, already takes
data, combined with feedback event of injury or deactivation. Many of many forms, with some platforms
from workshops and consultations those we interviewed said they would displaying greater concern for workers’
involving workers, informs how we want to join a union if one existed. Our needs than others. This means that
systematically evolve the Fairwork principles can provide a starting point we do not need to accept low pay,
principles to remain in line with for envisioning a fairer future of work, poor conditions, inequity, and a lack
their needs. Second, through and setting out a pathway to realising of agency and voice as the norm. We
continual engagement with workers’ that. Principle five in particular, on the hope that our work – by highlighting
representatives and advocates, we aim importance of fair representation, is a the contours of today’s gig economy
to support workers in asserting their crucial way in which we aim to support – paints a picture of what it could
rights and requirements in a collective workers to assert their collective become.
way. agency.18 | Fairwork South Africa Ratings 2020
Appendix:
Fairwork Scoring
System
The five Principles of Fairwork were Each Fairwork Principle is divided a given point. Where no verifiable
developed through an extensive into two thresholds. Accordingly, for evidence is available that meets a given
literature review of published research each Principle, the scoring system threshold, the platform is not awarded
on job quality, stakeholder meetings allows one ‘basic point’ to be awarded that point.
at UNCTAD and the ILO in Geneva corresponding to the first threshold,
(involving platform operators, policy and an additional ‘advanced point’ A platform can therefore receive a
makers, trade unions, and academics), to be awarded corresponding to the maximum Fairwork Score of ten points.
and in-country stakeholder meetings second threshold (see Table 1). The Fairwork scores are updated on a
held in India (Bangalore and advanced point under each Principle yearly basis; the scores presented in
Ahmedabad), South Africa (Cape Town can only be awarded if the basic point this report (see Page 11) were derived
and Johannesburg) and Germany for that Principle has been awarded. from data pertaining to the 12 months
(Berlin). This appendix explains the The thresholds specify the evidence between March 2019 and March 2020,
Fairwork scoring system. required for a platform to receive and are valid until March 2021.
Table 1 Fairwork Scoring System
Principle Basic point Advanced point Total
Fair Pay 1 + 1 = 2
Fair Conditions 1 + 1 = 2
Fair Contracts 1 + 1 = 2
Fair Management 1 + 1 = 2
Fair Representation 1 + 1 = 2
Maximum possible Fairwork Score 10Labour Standards in the Gig Economy | 19
period over the previous twelve
months.
Threshold 1.2 – Pays the
Principle 1: minimum wage plus costs (one Principle 2:
Fair Pay additional point) Fair Conditions
Threshold 1.1 – Pays at least
Workers earn at least the local Threshold 2.1 – Mitigates task-
minimum wage after work-related specific risks (one point)
the local minimum wage (one costs, or there is a policy which
point) requires payment above this level There are policies to protect workers
from risks that arise from the
Irrespective of the employment status The threshold for the minimum wage processes of work
of the worker, workers earn at least plus costs varies between different
a local minimum wage, or there is a kinds of platform work. In order to This threshold requires the platform
policy which requires payment above establish a threshold, the platform is to ensure that there are safe working
this level asked to provide an estimate for work- conditions, and that potential harms
related costs, which are then checked are minimised.21 For 2.1, this means
The threshold for 1.1 is based on the
(by the Fairwork team) through worker identifying the task-specific risks
level for a local minimum wage.16
interviews.20 To be awarded this point, that are involved for the worker,
Workers on the platform must earn
there must be either: for example, if a vehicle is used, or
more than the minimum wage rate in
there is interaction with customers.
their working time, 17 and this can be • A policy that guarantees workers The specific practices leading to the
evidenced by either: earn at least the local minimum awarding of this point may vary by the
wage plus costs; or type of work and the risks involved.
A policy that guarantees the workers
receive at least the local minimum • Evidence from the platform that To be awarded a point for 2.1, the
wage in their working time;or workers earn at least the local platform must be able to demonstrate
minimum wage plus costs. that:
The provision of summary statistics of
transaction data. If the platform has completed Table 2, • There are policies or practices in
the mean weekly earnings minus the place that protect workers’ health
In the case of (b), the platform is asked
estimated work-related costs must be and safety from task-specific risks
to submit a weekly earnings table (see
above the local minimum wage (see
Table 2) that averages worker earnings
Table 2 below).
and worker hours for any three month
Table 2 Weekly earnings table
X to
Weekly earnings 2X
(X+(X/2))
Active hours less than 40 hours/week (part-time) % % % %
Active hours between 40 and 48 hours/week (full-time) % % % %
Active hours more than 48 hours/week (full-time plus overtime) % % % %
Note: X = the local minimum wage, calculated at 45 hours per week. This row is filled
out by the Fairwork team, before submitting it to the platform for completion.1920 | Fairwork South Africa Ratings 2020
Threshold 2.2 – Actively form.22 Platforms must demonstrate To be awarded a point for 3.2, the
improves working conditions that the contracts are accessible platform must be able to demonstrate
for workers at all times, whether that:
(one additional point)
through the app itself or direct
communication with the worker. • The employment status of the
There are proactive measures to
This is necessary for workers to workers is accurately defined
protect and promote the health and
understand the requirements of their in the contract issued by the
safety of workers or improve working
work. The contracts should be easily platform; and,
conditions
understandable by workers, and
• There is no unresolved dispute
For 2.2, the threshold is higher, available in the language/languages
about the nature of the
involving practices that go beyond commonly spoken by the workers on
employment relationship; or,
addressing the task-specific risks the platform.
addressed by 2.1. This means a • The self-employed status
policy that goes beyond ameliorating To be awarded a point for 3.1, the
of the worker is adequately
the direct task-specific risks, by platform must be able to demonstrate
demonstrated and free from
promoting greater health and safety or all of the following:
unreasonable clauses.
improvements in working conditions,
• The contract is written in clear and
beyond what is specified by local
comprehensible language that
regulations for employment. For
the worker could be expected to
example, an insurance policy that
understand; and,
covers workplace accidents would
meet the threshold for 2.1, while one • The contract is issued in the
that also covers the worker or their language/languages spoken by
family outside of work would meet workers on the platform; and, Principle 4:
2.2. As policies and practices may be
focused on the specific form of work, • The contract is available for
Fair Management
the examples that meet the threshold workers to access at all times.
Threshold 4.1 – There is due
may vary by the type of work.
Threshold 3.2 – The contract process for decisions affecting
To be awarded a point for 2.2, the
genuinely reflects the nature of workers (one point)
platform must be able to demonstrate:
the employment relationship There is a documented process
There is a documented policy (or (one additional point) through which workers can be heard,
policies) that promotes the health and can appeal decisions affecting them,
safety of workers or improves working The party contracting with the worker and be informed of the reasons
conditions, going beyond addressing must be subject to local law and must behind those decisions. There is a
task-specific risks be identified in the contract. If workers clear channel of communication to
are genuinely self-employed, the terms workers involving the ability to appeal
of service are free of clauses which management decisions or deactivation
unreasonably exclude liability on the
part of the platform The threshold for 4.1 involves a
platform demonstrating the existence
The threshold for 3.2 involves the of clearly defined processes for
platforms demonstrating that the communication between workers and
Principle 3: contract issued to workers accurately the platform. This includes access by
describes the relationship between
Fair Contracts the platform, the workers, and the
workers to a platform representative,
and the ability to discuss decisions
users. In the case where there is an made about the worker. Platforms must
Threshold 3.1 – Clear terms unresolved dispute over the nature of be able to evidence that information
and conditions are available the employment relationship, a point about the processes is also easily
(one point) will not be awarded. accessible to workers.
The terms and conditions are If workers are genuinely self- To be awarded a point for 4.1, the
transparent, concise, and provided to employed,23 platforms must be able to platform must be able to demonstrate
workers in an accessible form demonstrate that the contract is free all of the following:
of clauses that unreasonably exclude
The threshold for 3.1 involves liability on the part of the platform • The contract includes a
demonstrating that the terms and for harm caused to the workers in the documented channel for workers
conditions of the contract issued to course of carrying out their duties. to communicate with a designated
workers are available in an accessible
representative of the platform; and,Labour Standards in the Gig Economy | 21
• The contract includes a determine access to work Threshold 5.2 – There is a
documented process for workers or remuneration, these are collective body of workers
to appeal disciplinary decisions or transparent and do not result in
that is recognised, and that
deactivations; and, inequitable outcomes for workers
from historically or currently
can undertake collective
• The platform interface features disadvantaged groups; and representation and bargaining
a channel for workers to (one additional point)
communicate with the platform; • It has mechanisms to reduce the
and, risk of users discriminating against There is a collective body of workers
any group of workers in accessing that is publicly recognised and the
• The platform interface features and carrying out work. platform is prepared to cooperate
a process for workers to appeal with collective representation and
disciplinary decisions or bargaining (or publicly commits to
deactivations; and, recognise a collective body where none
yet exists)
• In the case of deactivations, the
appeals process must be available This threshold requires the platform to
to workers who no longer have
access to the platform. Principle 5: engage with, or be prepared to engage
with, collective bodies of workers
Fair Representation that could take part in collective
Threshold 4.2 – There is equity representation or bargaining. The
in the management process Threshold 5.1 – There are collective body must be independent
(one additional point) worker voice mechanisms and of the platform. It may be an official
freedom of association (one trade union, or alternatively a network
There is evidence that the platform or association of workers. Where such
is actively seeking to prevent
point)
organisations do not exist, the platform
discrimination against workers from There is a documented process can sign a public statement to indicate
disadvantaged groups. through which worker voice can be that they support the formation of a
expressed. There is no evidence of collective body.
To be awarded a point for 4.2 the
freedom of association being prevented
platform should demonstrate the To be awarded a point for 5.2, the
by the platform. There is no evidence
following: platform must:
that platforms refuse to communicate
• It has a policy which guarantees with designated representatives of • Publicly recognise an independent,
that the platform will not workers collective body of workers or
discriminate against persons on trade union and not have refused
The first step for the justification of
the grounds of race, gender, sex, to participate in collective
5.1 is establishing the platform’s
sexual orientation, gender identity, representation or bargaining;
attitude towards and engagement
disability, religion or belief, age or If such a body does not exist, it
with workers’ voice. This includes both
any other status which is protected must:
listening to and responding to worker
against discrimination in local law;
voice when raised with the platform, • Sign a public statement of
and,
as well as clearly documenting for its willingness to recognise a
• Where persons from a workers the process for engaging collective body of workers or trade
disadvantaged group (such as the platform in dialogue. Workers union.
women) are significantly under- should be able to freely organise and
represented among its workers, it associate with one another, regardless
has a plan to identify and remove of employment status. Workers must
barriers to access by persons from not suffer discrimination for doing so.
that group, resulting in improved This includes the freedom to associate
representation; and beyond the remit of organisational
spaces (for example, via instant
• It takes practical measures to messaging applications). 24
promote equality of opportunity
for workers from disadvantaged To be awarded a point for 5.1, a
groups, including reasonable platform must be able to demonstrate
accommodation for pregnancy, that:
disability, and religion or belief;
• There is a documented process for
and
the expression of worker voice.
• If algorithms are used to22 | Fairwork South Africa Ratings 2020
Credits and A collaboration
between:
Funding
Fairwork draws on the expertise and Special Thanks to: Duncan Passey,
experience of staff at the University of John Gilbert, Katia Padvalkava,
Oxford, the University of Cape Town, David Sutcliffe, Eve Henshaw and
the University of the Western Cape, Sharron Pleydell-Pearce at the
the University of Manchester, the University of Oxford for their extensive
International Institute of Information administrative support for the project
Technology Bangalore, and the since its inception. Alison Gillwald
Technical University of Berlin. Project and Anri van der Spuy (Research
staff work to translate our principles ICT Africa), Trebor Scholz (The New
into measurable thresholds, conduct School), Six Silberman (IG Metall),
rigorous research to evaluate platforms Christina Colclough (UNI Global), Niels
against those thresholds, and publish Van Doorn (University of Amsterdam),
our results in a transparent manner. Anna Thomas (Institute for the Future
of Work), Janine Berg (ILO), Martin
Authors: Kelle Howson, Srujana Katta, Krzywdzinski (WZB), and Eva Kocher
Mark Graham, Jean-Paul Van Belle, (European University Viadrina) for their
Richard Heeks, Darcy du Toit, Sandy help and guidance in this project.
Fredman, Paul Mungai, Abigail Osiki
The project team is deeply grateful
Fairwork team: Arturo Arriagada, to Elisabeth Hobl, Mortiz Hunger,
Adam Badger, Maria Belen Albornoz, and Linda Gabel for helping us to
Alessio Bertolini, Gautam Bhatia, launch the project, and to Shakhlo
Maren Borkert, Sonata Cepik, Kakharova, Kathleen Ziemann,
Aradhana Cherupara Vadekkethil, and Amelie Kircher at GIZ for their
Darcy du Toit, Trevilliana Eka Putri, continuing support and guidance as
Fabian Ferrari, Sandra Fredman, we take our work to the next stage.
Mark Graham, Richard Heeks, Kelle
Howson, Srujana Katta, Paul Mungai,
We would like to thank the University Funded by:
of Oxford’s Business Engagement and
Mounika Neerukonda, Abigail Osiki, Partnerships Development Fund for
Balaji Parthasarathy, Janaki Srinivasan, supporting some of our workshops
Pradyumna Taduri, Pitso Tsibolane, and outreach activities. Finally, we
Funda Ustek-Spilda, Jean-Paul Van would like to acknowledge a very
Belle, and Klemens Witte. large number of workers and platform
managers in South Africa for taking
Please cite as: Fairwork. (2020). the time to help us build our platform
Towards Fair Work in the South African ratings. Their roles are understated by
Gig Economy. Cape Town, South Africa; a simple acknowledgement. All of the
Oxford, United Kingdom. work in this project was shared not just
amongst our research team, but also Federal Ministry
Designers: One Ltd. for Economic Cooperation
amongst the stakeholders who our and Development
Funders: Fairwork is financed by ratings ultimately affect.
the Federal Ministry for Economic
Cooperation and Development (BMZ),
commissioned by the Deutsche
Gesellschaft für Internationale
Zusammenarbeit (GIZ), and the
Economic and Social Research
Council through the Global Challenges
Research Fund (ES/S00081X/1).Labour Standards in the Gig Economy | 23
Endnotes
1. Fairwork. 2019. ‘Fairwork: Labour Standards in the Institute for Development Economics Research. stipulates that employers shall be required “so
Platform Economy’. Oxford, UK, Cape Town, South https://www.wider.unu.edu/publication/racial- far as is reasonably practicable, the workplaces,
Africa, Bangalore, India: Fairwork Foundation. inequality-and-demographic-change-south-africa. machinery, equipment and processes under
Accessed 12 March 2020. their control are safe and without risk to health”,
2. Heeks, Richard. 2019. ‘How Many Platform
and that “where necessary, adequate protective
Workers Are There in the Global South?’ ICTs for 11. Uber South Africa, Uber B.V., Uber International
clothing and protective equipment [should be
Development (blog). https://ict4dblog.wordpress. Holdings B.V. vs. Nupsaw Obo Herschelle Mostert.
provided] to prevent, so far as is reasonably
com/2019/01/29/how-many-platform-workers- 2018. Cape Town Labour Court, C 449/17.
practicable, risk of accidents or of adverse effects
are-there-in-the-global-south/.Accessed 12 March
12. Dube, Arindrajit. 2019. ‘Impacts of Minimum on health.”
2020.
Wages: Review of the International Evidence’.
22. The ILO’s Maritime Labour Convention, 2006
3. Combined calculations based on Heeks, Richard. London, the UK: HM Treasury and Department for
(MLC 2006), Reg. 2.1, and the Domestic Workers
2017. ‘Decent Work and the Digital Gig Economy: Business, Energy & Industrial Strategy.
Convention, 2011 (C189), Articles 7 and 15, serve
A Developing Country Perspective on Employment
13. Global Living Wage Coalition. (n.d.). ‘What Is a as helpful guiding examples of adequate provisions
Impacts and Standards in Online Outsourcing,
Living Wage?’ (n.d.). https://www.globallivingwage. in workers’ terms and conditions, as well as worker
Crowdwork, Etc’. No: 71. Working Paper Series.
org/about/what-is-a-living-wage/. Accessed 12 access to those terms and conditions.
SEED: Centre for Development Informatics Global
March 2020.
Development Institute; and Onkokame, Mothobi, 23. ILO’s Employment Relationship Recommendation,
Aude Schoentgen, and Alison Gillwald. 2017. 14. See Wills, Jane, and Brian Linneker. 2012. ‘The 2006 (R198) recommends that member countries
‘What Is the State of Microwork in Africa? A View Costs and Benefits of the London Living Wage’. develop legal and regulatory frameworks
from Seven Countries’. Paper No. 2. Policy Paper London: Trust for London & Queen Mary: University containing specific indicators that speak to the
Series No. 5 After Access. https://researchictafrica. of London; existence of an employment relationship, which
net/2017/12/18/what-is-the-state-of-micro-work- Ethical Trading Initiative. n.d. ‘A Living Wage for might include:
in-africa/. Accessed 12 March 2020. Workers | Ethical Trading Initiative’. n.d. https:// (a) the fact that the work is carried out according to
www.ethicaltrade.org/issues/living-wage-workers the instructions and under the control of another
4. Statistics South Africa. 2020. ‘Quarterly Labour
Accessed 12 March 2020 and Fairris, David, and party; involves the integration of the worker in the
Force Survey Quarter 3: 2019’. Pretoria: Statistics
Michael Reich. 2005. ‘The Impacts of Living Wage organization of the enterprise; is performed solely
South Africa. http://www.statssa.gov.za/
Policies: Introduction to the Special Issue*’. or mainly for the benefit of another person; must
publications/P0211/P02113rdQuarter2019.pdf.
Industrial Relations: A Journal of Economy and be carried out personally by the worker; is carried
Accessed 12 March 2020. Note figures here are the
Society 44 (1): 1–13. out within specific working hours or at a workplace
“expanded” unemployment rate, which includes
specified or agreed by the party requesting the
3m ‘discouraged work seekers’ who want work but 15. Woodcock, Jamie, and Mark Graham. 2020. The work; is of a particular duration and has a certain
have stopped actively looking for it. Gig Economy: A Critical Introduction. Cambridge, continuity; requires the worker’s availability; or
the UK; Medford the USA: Polity Press. involves the provision of tools, materials and
5. Roodt, Marius. 2019. ‘SA’s Unemployment Crisis –
No End in Sight’. No: 7/2019. Johannesburg: IRR: 16. The ILO defines minimum wage as the “minimum machinery by the party requesting the work’;
South African Institute of Race Relations; Webster, amount of remuneration that an employer (b) periodic payment of remuneration to the
Dennis. 2019. ‘Unemployment in South Africa Is is required to pay wage earners for the work worker; the fact that such remuneration constitutes
Worse than You Think’. New Frame, 5 August 2019. performed during a given period, which cannot be the worker’s sole or principal source of income;
https://www.newframe.com/unemployment-in- reduced by collective agreement or an individual provision of payment in kind, such as food, lodging
south-africa-is-worse-than-you-think/ Accessed contract.” Minimum wage laws protect workers or transport; recognition of entitlements such as
12 March 2020; Stats SA (2019) Youth graduate from unduly low pay and help them attain a weekly rest and annual holidays; payment by the
unemployment rate increases in Q1: 2019, minimum standard of living. The ILO’s Minimum party requesting the work for travel undertaken
Statistics South Africa. 2019. ‘Youth Graduate Wage Fixing Convention, 1970 C135 sets the by the worker in order to carry out the work; or
Unemployment Rate Increases in Q1: 2019’. 15 conditions and requirements of establishing absence of financial risk for the worker’.
May 2019. http://www.statssa.gov.za/?p=12121. minimum wages and calls upon all ratifying 24. See the ILO’s Freedom of Association and
Accessed 12 March 2020. countries to act in accordance. Minimum wage laws Protection of the Right to Organise Convention,
exist in more than 90 per cent of the ILO member 1948 (C087), which stipulates that “workers and
6. Giddy, Julia Kathryn. 2019. ‘The Influence of
states. employers, without distinction, shall have the right
E-Hailing Apps on Urban Mobilities in South Africa’.
African Geographical Review 38 (3): 227–39. 17. According to the ILO’s (2018) report on “Digital to establish and join organisations of their own
Labour Platforms and the Future of Work”, for choosing without previous authorisation” (Article
7. See for a summary: Woodcock, Jamie, and Mark 2); “the public authorities shall refrain from any
every hour of paid work, workers spend 20 minutes
Graham. 2020. The Gig Economy: A Critical interference which would restrict the right or
on unpaid activities, including, for example,
Introduction. Cambridge, the UK; Medford the USA: impede the lawful exercise thereof” (Article 3)
searching for tasks and researching clients. In
Polity Press, page 2. and that “workers’ and employers’ organisations
order to account for this additional time spent on
8. IMF. 2020. ‘Six Charts Explain South Africa’s searching for work, as well as time spent between shall not be liable to be dissolved or suspended by
Inequality’. (blog). 30 January 2020. https:// work tasks, we define ‘working time’ as including administrative authority” (Article 4). Similarly the
www.imf.org/en/News/Articles/2020/01/29/ both direct (completing a task) and indirect ILO’s Right to Organise and Collective Bargaining
na012820six-charts-on-south-africas-persistent- (travelling to or waiting between tasks) working Convention, 1949 (C098) protects the workers
and-multi-faceted-inequality. Accessed 12 March hours. against acts of anti-union discrimination in respect
2020. of their employment, explaining that not joining
18. The “+1” is one unit of the lowest denomination of a union or relinquishing trade union membership
9. Webster, Dennis. 2019. ‘Why SA Is the World’s the currency, to ensure a boundary between the cannot be made a condition of employment or
Most Unequal Society’. New Frame, 19 November two figures. cause for dismissal. Out of the 185 ILO member
2019. https://www.newframe.com/why-sa-is-the- states, currently 155 ratified C087 and 167 ratified
19. The table contains four columns of data. The first
worlds-most-unequal-society/. Accessed 12 March C098.
is the percentage of workers earning less than the
2020.
minimum wage (2X). The rows represent less than
10. Oosthuizen, Morné. 2019. ‘Racial Inequality and full time, full time, and full time with overtime.
Demographic Change in South Africa’. Research
20. Taxes are not considered to be a work-related cost.
Brief No: 5/19. SA-TIED: Southern Africa - Towards
Inclusive Economic Development. Helsinki: 21. The starting point is the ILO’s Occupational
UNU-WIDER: The United Nations University World Safety and Health Convention, 1981 (C155). ThisYou can also read
