Right to a Human Decision

After difficult negotiations at the International Labour Conference in Geneva, governments, trade unions and employers reached an agreement on 12 June on a new International Labour Organization (ILO) convention on decent work in the gig economy. Monica Tepfer, a negotiator from the International Trade Union Confederation (ITUC), was involved in the process. We spoke to her about the new convention.

After a decade of campaigning, the International Labour Organization (ILO) recently adopted a convention on platform work. This is being widely celebrated as a groundbreaking achievement. But is it really a victory for workers, or just a watered-down compromise that has little impact on the platform companies?

Monica Tepfer: It is unquestionably a victory for workers, unions and multilateralism. And it is also a victory for the ILO, demonstrating its leading role in the world of work.

For the first time in history, a binding international labour standard – the Decent Work in the Platform Economy Convention, 2026 (No. 193) – has been adopted that recognises platform work as work, platform workers as workers (not partners), and establishes that innovation cannot come at the expense of workers’ rights and protections.

The convention applies to all platform workers, regardless of their employment status or the type of work they perform, whether online or location-based.

Every international labour standard adopted through tripartite negotiations between governments, employers and workers is the product of compromise. But compromise should not be confused with weakness. On the contrary, adopting a convention through social dialogue and tripartism provides the instrument with a strong foundation of legitimacy. The final text was adopted with an overwhelming majority.

What exactly does the convention cover?

The convention confirms that fundamental principles and rights at work – including freedom of association and collective bargaining – apply to all platform workers.

It establishes the first set of international rules governing algorithmic management. The latter are now enshrined in labour standards, with clear rights for workers and their representatives. The new rules require transparency around automated systems, guarantee human involvement in the review of the most significant decisions and introduce safeguards against discriminatory and unlawful suspension and deactivation.

Perhaps most importantly, the convention rejects the idea that platforms can avoid responsibility simply by labelling their workers as “independent contractors”. Instead, it requires that the classification of workers be determined mainly by the facts relating to the performance of work, rather than by contractual wording. 

The convention guarantees that all platform workers, regardless of their employment status, will receive their payment or remuneration in a timely manner in full, subject to lawful deductions. This is the first ILO convention to explicitly state that consideration should be given to extending payment-related protection to workers who are not in an employment relationship.

The convention imposes a preventive duty with regard to occupational accidents, occupational diseases and any other injuries to workers arising out of, linked with or occurring in the course of work. It also establishes the right of workers to remove themselves from a work situation which they have reasonable grounds to believe presents an imminent risk and serious danger to life and health, without undue consequences. In the context of the platform economy, this means risks created by automated systems. This right belongs to the rider in the storm as much as the driver on the unsafe road.

The convention also obliges governments to protect all digital platform workers against violence and harassment, and requires that they take measures to ensure that platform workers have access to social security protection “on terms no less favourable than those applicable to other workers with the same classification of status in employment”.

Finally, the convention establishes safeguards for workers’ personal data and privacy, as well as additional protections for migrant and refugee workers. It also guarantees accessible, safe, fair and effective dispute resolution mechanisms and appropriate remedies.

The convention will not solve every problem overnight. However, the convention provides a solid basis for ensuring decent work for all platform workers.

What changes do you expect to see in the short term with regard to working conditions and rights on platforms?

Governments now have an internationally binding instrument to guide national legislation on platform work. We expect issues such as the classification of employment status, algorithmic management, occupational health and safety, payment and remuneration, social security, data protection, and collective bargaining rights to receive increased attention.

The convention provides clear guidance in several areas where platform workers have traditionally faced significant vulnerabilities. Platform workers and their representatives should increasingly be able to demand greater transparency regarding how algorithms allocate work, evaluate performance, and make decisions that affect their access to work and their working conditions. Particularly significant developments include the right to receive explanations for important automated decisions, and the right to human involvement in the review of decisions regarding payment and remuneration, suspension or deactivation. 

Unions will increasingly demand collective bargaining on the impact of automated systems on working conditions in the platform economy. 

The convention also stipulates that governments must ensure the responsible use of automated systems on digital labour platforms that impact fundamental principles and rights at work. This means for instance, that automated systems must not be used to detect and penalise trade union activity

We also expect to see growing pressure on governments to improve labour inspections, including cases where intermediaries are involved, as well as to strengthen enforcement mechanisms within the platform economy. Similarly, trade unions will use the convention to support organising campaigns, collective bargaining initiatives and strategic litigation.

Although workers may not experience immediate changes everywhere, the convention has fundamentally shifted the debate. The discussion is no longer about whether platform workers deserve rights, but how those rights will be implemented and enforced.

How binding is this convention, and what loopholes and obstacles do you foresee in its implementation?

Unlike a resolution or recommendation, a convention is a legally binding international treaty. Once ratified, governments are required to bring their laws and practices into conformity with its provisions and become subject to the ILO supervisory system.

A convention is a binding promise, and the strength of that promise depends on the subsequent ratification, legislation, and implementation. 

Therefore, adoption is only the first step.

The principal challenge will be ratification and effective implementation. Governments must be willing to translate the convention into national legislation and enforcement mechanisms. Some platform companies are likely to continue lobbying against stronger regulation, particularly with regard to the classification of employment status, collective bargaining and algorithmic transparency.

The convention contains flexibility clauses, such as references to implementation “in accordance with national law and practice”. However, these provisions should not be interpreted as allowing governments to dilute substantive rights. The purpose of these clauses is to allow for flexibility regarding implementation methods, not to weaken protections.

What are the next steps from a trade union perspective?

The first priority is to ensure rapid ratification and robust implementation at national level. Unions will collaborate governments and employers to translate the convention into effective national legislation, while resisting any attempts to undermine its protections.

A second priority is organising. The convention will also serve as a tool for reaching platform workers and strengthening their collective voice.

Finally, unions will continue to build international solidarity. The challenge now is to transform this historic achievement into tangible improvements in the daily lives of millions of platform workers worldwide

Monica Tepfer is a legal officer and project coordinator in the Legal and Human Rights Department of the International Trade Union Confederation (ITUC). She is also a member of the International Lawyers Assisting Workers Network (ILAW)'s advisory board.