Gig Workers And Their Legal Protection In Bangladesh: A Legal Imperative

Introduction: We often see many Foodpanda delivery boys, Pathao drivers, Uber drivers. We also know about freelancer, grafics designer and software developer who works for different digital platforms. They are called "Gig Workers". They are contributing gradually to gig economy. "Gig Economy" means a labour market characterized by short term, where individuals work as independent contractors than a full time employees. This growing system, known as the gig economy, has created flexible employment opportunities for many people, especially young workers.This economy made by them is making a gradual impact to the GDP of Bangladesh. Nonetheless, the gig workers are even now outside the legal protections in Bangladesh. They are not recognised as workers under the definition provided by the section 2(65) of Bangladesh Labour Act, 2006. That is why, they are in the lack of Job security, legal protection and under health and safety risk. Now a question is arisen in our country - ' To what extent gig workers are legally protected in Bangladesh?. This paper will try to show the state of gig workers and to suggest some recommendations regarding their legal protection.

Legal Challenges Faced By Gig Workers: The gig workers are not legally recognised workers in Bangladesh even after their contributions to growing economy. By that reason, they often faces different problems in their work and do not get any legal remedy. Some challenges they face are given below-

 

A. Uncertain legal status: Being excluded from the recognition of employers, they do not get any legal protection under Bangladesh Labour Act, 2006. As a result, they do not get job security, paid leave, minimum wage guarantees and any compensation. For this exclusion, they have been vulnerable service providers under the law of Bangladesh without any protection.

B. Lack of social security and workplace protections: The gig workers are not under the shadow of law. Many delivery boys, ride sharing drivers face daily risks like road accidents and other problems. But do not get any security such a insurance benefits, medical expenses and compensation facilities. On the other hand, many freelancers face the problem regarding their works. For example, they faces the problems of contract withheld and unfair contract termination. Law does not give any protection in these circumstances.

C. Algorithmic Management and legal remedy: Algorithmic problem is also an issue for gig workers. Almost every digital platforms use Algorithm system to assign tasks to them and evaluate their performances. Besides, they suspend accounts by the help of Algorithmic system. Gig workers' is relied on the performance evaluation made by this automated system. Technology may do wrongs. In this regard, a hard workers may be deprived of his income for wrong evaluation. They get rare opportunities to challenge the decision of the authorities and seek effective remedies which make concern about fairness and accountability.

 

Possible Remedy? The legal insecurity faced by gig workers requires urgent legal reform in Bangladesh. The following may be the remedies appropriate to the gig workers:

a) Recognition of gig workers as “workers” under Bangladesh Labour Act, 2006.

b) Assurance of social security benefits like medical expenses, accident insurance and compensation.

c) Establishment of fair dispute resolution system between gig workers and digital platforms.

d) Increasing accountability of Algorithmic Termination System.

These reforms not only make impacts to present gig workers but also encourage the future gig workers. Besides, it will also help in the growth of the digital economy.

 

Lesson From International Chapters: Several international jurisdictions have already given eyes to this concerned matter. They are given below-

A. India: By Code Of Digital Security 2020, India recognised the gig workers as digital platform workers. They also offer many advantages including welfare programmes.

B. United Kingdom: The UK Supreme Court has recently given recommendation to recognise Uber drivers as " workers" giving limited employment rights to them.

C. Australia: Australia is giving attention to the recognition of gig workers. According to last development of this country, it granted certain rights to gig workers and the Commission has recently announced a 3.5% increase to minimum wages starting 1 July 2025.

Conclusion: Gig economy is an emerging economy which contributing gradually. It is expected to be more strong in future to contribute to economy and help the growth of GDP in Bangladesh. This potential may be destroyed by the negligence of the government. Gig workers are already vulnerable lacking of legal protection and social status. People are being reluctant of being gig workers seeing the problems regrading gig works. In this situation, if government does not recognise gig workers, the problem will not be solved and the potential gig economy will lose its potential.

Written By

Mohammad Saimon Khan,

a 4th LL.B student of University Of Chittagong