A third way in employment classification

In the U.S. policy debate around the gig economy, many have called for a ‘third category’ between protected employment and unprotected self-employment. The interesting thing is that in the UK such a category already exists. An employment tribunal decision last year determined that Uber drivers were not employees or contractors, but ‘workers’, enjoying some of the benefits of employment but not all. The review recommends making use this ‘worker’ category and renaming it ‘dependent contractor’.

The review calls for greater emphasis on control over one’s work as a factor in determining whether someone is a ‘dependent contractor’ or genuinely self-employed. The question of control has featured prominently in recent research on gig economy platforms (see, for example: Rosenblat & Stark 2016, Graham et al. 2017). Uber promises freedom, but in practice uses a variety of nudges and constraints to manage workers quite closely. Platforms for digitally delivered work like graphic design don’t necessarily try to control the workers in the same way at all. So focusing on control can help distinguish between the employment status implications of different platforms, which can be quite different.

Of course, the fact that someone is genuinely self-employed doesn’t necessarily mean that they are well off. Self-employed people are often relatively poor and suffer from unpredictability of income. So it’s good that the report also calls for extending more safety nets and other support to self-employed people (p. 74-81).

The report also calls for greater clarity in law, and for alignment of the definitions between different branches of law (employment law and tax law, p. 38). This seems like such an obvious thing to do. As someone coming from a civil law system, I have always marvelled at common law’s ability to evolve through court decisions, but that spontaneous and complex evolution has a price. As the Review states, many people in Britain don’t know their rights, and even if they do, it is often prohibitively expensive to pursue them.

Fair piece rates

The Review’s section on piece rates (p. 38) is very interesting and in many ways forward-looking, but likely to cause contention.

Piece rates mean that workers are paid on the basis of the number of tasks completed (e.g. meals delivered) rather than on the basis of hours worked. This is how many gig work platforms function today. The Review suggests that platforms be required to use their data to calculate how much a worker can earn per hour from such piece rates, given what they know about the demand for the tasks and how long it usually takes to complete them. Based on this calculation, platforms would be required to set their piece rate so that on average it produces an hourly rate that clears the National Minimum Wage with a 20% margin of error.

One argument likely to be put forward in opposition is that since platforms have all the data necessary to calculate the average hourly rate, why don’t they just pay the average hourly rate instead of the piece rate? As the Review notes, piece rates are used in work where the employer cannot monitor the hours worked, such as for people who fill envelopes with information for mailshots from home. Platforms usually monitor their pieceworkers intensively, so they could just as well pay hourly rates.

I think this is a fairly strong argument, but not without its limits. Piece rates are a substitute for more direct managerial control. Employers who pay hourly rates are pickier about whom they accept into their ranks in the first place, whereas one of the strengths of these platforms is that essentially anyone can sign up and start working right away with a minimal hurdle. And workers who are paid on an hourly basis usually cannot take breaks quite as easily as pieceworkers. This low entry barrier and potential for almost minute-by-minute flexibility are genuine features of platform-based piecework, and some workers value them.

I say potential for flexibility, because actual flexibility for the worker depends on how much work there is available on the platform, as I discuss in an upcoming paper. Pieceworkers also have to put more effort into managing their own time than regular workers, though platform design can ameliorate this.

Flexibility or erosion?

The Review moreover suggests that platforms should be allowed to offer piecework at times when demand is so low as to result in hourly earnings below minimum wage, as long as the worker is fully informed of this. To quote: “If an individual knowingly chooses to work through a platform at times of low demand, then he or she should take some responsibility for this decision.” (p. 38) This is likely to be a very contentious point.

On the one hand, the report is using an old trope of laissez-faire labour policy: if the worker chooses to work for such low pay, or in such terrible conditions, who are we to stop them? Yet such choices are not independent, but shaped by and constitutive of wider structural forces. If there is nothing else on offer, of course the worker will rather accept a pittance than starve; but if every labourer accepted a pittance, soon employers would find it necessary to offer little else. The minimum wage must thus remain inviolable as a bulwark against exploitation, goes the labour movement refrain.

On the other hand, it is probably also true that much of the work that is available on platforms during off-hours will simply not be done if the cost is higher (and indeed was not done before platforms arrived). Eaters will cook at home or pick up a meal themselves instead of paying double for delivery. Part of the value of platforms is that they make marginal, low-value transactions at least somewhat feasible by matching interested parties and bringing down transaction costs. In doing so they grow the total pie of work available. As an incremental source of income for someone with another job or studies, these edges of the pie may be very appealing.

The challenge for policymakers is to prevent what is intended to be a side gig for students from becoming the desperate sustenance of families. In 1999, Japan deregulated the use of temporary contract workers, partly with the aim of helping students and housewives gain work experience and earn additional income to supplement the salaries of the male breadwinners, who enjoyed life-long employment. Less than a decade later, almost a third of the labour force found themselves on such contracts, including millions of breadwinners (Imai 2011).

The same pros and cons also apply to the idea of the third ‘dependent contractor’ category: it could help employers accommodate more diverse life situations and business models, but it could also represent an erosion of rights if regular employees eventually find themselves in that category. Early results from our ongoing research suggest that some Fortune 500 companies that are experimenting with online gig work platforms are not doing so with the intention of replacing regular employees, but as a complement and substitute to temporary staffing agencies. But statistics will be necessary to evaluate the wider impacts of platforms on labour markets and society.

Statistics on the gig economy

When it comes to statistics, the Review points out that “official data is not likely to include the increasing number of people earning additional money in a more casual way, through the use of online platforms for example” (p. 25). This is a real problem: official labour market statistics don’t capture platform-based work, or when they do, they don’t make it possible to distinguish it from ordinary self-employment income. This makes it impossible to properly evaluate the role that platforms are taking in the modern labour market.

To help address this paucity of data, we have created the Online Labour Index, the first economic indicator that provides an online gig economy equivalent of conventional labour market statistics. It shows that the online gig economy grew by a whopping 26 percent over the past year, and that UK-based employers are among its leading users in the world. By online gig economy we refer to digitally delivered platform work like design, data entry, and virtual assistant services, rather than local services like delivery. The index is constructed by ‘scraping’ all the gigs from the six biggest platforms in real time and calculating statistics on them; a similar approach could possibly be used to create new statistics on the local gig economy, to complement inadequate official labour market statistics.

Open issues

There is much more in the 116-page Review. For instance, the issue of flexibility gets a lot of attention, and is something that colleagues and I are also doing research on. The question of “flexibility for whom – workers or employers” will no doubt continue to feature in the debates on the future of work and employment.

I hope you enjoyed my hot take, and I hope to return to these topics in a future blog post!

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Prof. Vili Lehdonvirta is an economic sociologist who studies the design and socioeconomic implications of digital marketplaces and platforms, using conventional social research methods as well as novel data science approaches. He is the Principal Investigator of iLabour, a 5-year research project funded by the European Research Council. @ViliLe

The growth of online gig work — paid work allocated and delivered by way of internet platforms without a contract for long-term employment — has been welcomed by economic development experts, and the world’s largest global development network is promoting its potential to aid human development. There are hopes that online gig work, and the platforms that support it, might catalyse new, sustainable employment opportunities by addressing a mismatch in the supply and demand of labour globally.

Some of the world’s largest gig work platforms have also framed their business models as a revolution in labour markets, suggesting that they can help lift people out of poverty. Similarly, many policymakers expect that regions like Sub-Saharan Africa and Southeast Asia can capitalise on this digitally mediated work opportunity as youth-to-adult unemployment rates hit historic peaks. More broadly, it has been suggested that online gig work will have structural benefits on the global economy, such as raising labour force participation and improving productivity.

Against this background, a new report by Mark Graham, Vili Lehdonvirta, Alex Wood, Helena Barnard, Isis Hjorth, and David Peter Simon, “The Risks and Rewards of Online Gig Work At The Global Margins” [PDF] highlights the risks alongside the rewards of online gig work. It draws on interviews and surveys, together with transaction data from one of the world’s largest online gig work platforms, to reveal the complex and sometimes problematic reality of this “new world of work”.

While there are significant rewards to online gig work, there are also significant risks. Discrimination, low pay rates, overwork, and insecurity all need to be tackled head-on. The report encourages online gig work platforms to further develop their service, policymakers to revisit regulation, and labour activists to examine organising tactics if online gig work is to truly live up to its potential for human development, and become a sustainable situation for many more workers.

The final section of the report poses questions for all stakeholders regarding how to improve the conditions and livelihoods of online gig workers, particularly given how these platforms have become disembedded from the norms and laws that normally regulate labour intermediaries. Specific questions that are discussed include:

• Is it necessary to list nationality on profile pages? Will online gig workers receive formal employment contracts in the future?
• What formal channels could exist for workers to voice their issues? Where should governments regulate online gig work in the future?
• Will governments need to limit online gig work monopolies? And how will governments support alternative forms of platform organisation?
• What online forms of voice could emerge for workers, and in what ways can existing groups be leveraged to promote solidarity?
• To what extent will companies be held accountable for poor working conditions? Do platforms need a Fairwork certification program?

The report also offers suggestions alongside the questions, drawing on relevant literature and referencing historical precedents.

Read the full report: Graham, M., Lehdonvirta, V., Wood, A., Barnard, H., Hjorth, I., Simon, D. P. (2017) The Risks and Rewards of Online Gig Work At The Global Margins [PDF]. Oxford: Oxford Internet Institute.

Read the article: Graham, M., Hjorth, I. and Lehdonvirta, V. (2017) Digital Labour and Development: Impacts of Global Digital Labour Platforms and the Gig Economy on Worker Livelihoods. Transfer. DOI: 10.1177/1024258916687250

The report is an output of the project “Microwork and Virtual Production Networks in Sub-Saharan Africa and Southeast Asia”, funded by the International Development Research Centre (IDRC), grant number: 107384-001.

As David Harvey famously noted, workers are unavoidably place-based because “labor-power has to go home every night.” But the widespread use of the Internet has changed much of that. The confluence of rapidly spreading digital connectivity, skilled but under-employed workers, the existence of international markets for labour, and the ongoing search for new outsourcing destinations, has resulted in organisational, technological, and spatial fixes for virtual production networks of services and money. Clients, bosses, workers, and users of the end-products of work can all now be located in different corners of the planet.

A new article by Mark Graham, Isis Hjorth and Vili Lehdonvirta, “Digital labour and development: impacts of global digital labour platforms and the gig economy on worker livelihoods”, published in Transfer, discusses the implications of the spatial unfixing of work for workers in some of the world’s economic margins, and reflects on some of the key benefits and costs associated with these new digital regimes of work. Drawing on a multi-year study with digital workers in Sub-Saharan Africa and South-east Asia, it highlights four key concerns for workers: bargaining power, economic inclusion, intermediated value chains, and upgrading.

As ever more policy-makers, governments and organisations turn to the gig economy and digital labour as an economic development strategy to bring jobs to places that need them, it is important to understand how this might influence the livelihoods of workers. The authors show that although there are important and tangible benefits for a range of workers, there are also a range of risks and costs that could negatively affect the livelihoods of digital workers. They conclude with a discussion of four broad strategies – certification schemes, organising digital workers, regulatory strategies and democratic control of online labour platforms — that could improve conditions and livelihoods for digital workers.

We caught up with the authors to explore the implications of the study:

Ed.: Shouldn’t increased digitisation of work also increase transparency (i.e. tracking, auditing etc.) around this work — i.e. shouldn’t digitisation largely be a good thing?

Mark: It depends. One of the goals of our research is to ask who actually wins and loses from the digitalisation of work. A good thing for one group (e.g. employers in the Global North) isn’t necessarily automatically a good thing for another group (e.g. workers in the Global South).

Ed.: You mention market-based strategies as one possible way to improve transparency around working conditions along value chains: do you mean something like a “Fairtrade” certification for digital work, i.e. creating a market for “fair work”?

Mark: Exactly. At the moment, we can make sure that the coffee we drink or the chocolate we eat is made ethically. But we have no idea if the digital services we use are. A ‘fair work’ certification system could change that.

Ed.: And what sorts of work are these people doing? Is it the sort of stuff that could be very easily replaced by advances in automation (natural language processing, pattern recognition etc.)? i.e. is it doubly precarious, not just in terms of labour conditions, but also in terms of the very existence of the work itself?

Mark: Yes, some of it is. Ironically, some of the paid work that is done is training algorithms to do work that used to be done by humans.

Ed.: You say that “digital workers have been unable to build any large-scale or effective digital labour movements” — is that because (unlike e.g. farm work which is spatially constrained), employers can very easily find someone else anywhere in the world who is willing to do it? Can you envisage the creation of any effective online labour movement?

Mark: A key part of the problem for workers here is the economic geography of this work. A worker in Kenya knows that they can be easily replaced by workers on the other side of the planet. The potential pool of workers willing to take any job is massive. For digital workers to have any sort of effective movement in this context means looking to what I call geographic bottlenecks in the system. Places in which work isn’t solely in a global digital cloud. This can mean looking to things like organising and picketing the headquarters of firms, clusters of workers in particular places, or digital locations (the web-presence of firms). I’m currently working on a new publication that deals with these issues in a bit more detail.

Ed.: Are there any parallels between the online gig work you have studied and ongoing issues with “gig work” services like Uber and Deliveroo (e.g. undercutting of traditional jobs, lack of contracts, precarity)?

Mark: A commonality in all of those cases is that platforms become intermediaries in between clients and workers. This means that rather than being employees, workers tend to be self-employed: a situation that offers workers freedom and flexibility, but also comes with significant risks to the worker (e.g. no wages if they fall ill).

Read the full article: Graham, M., Hjorth, I. and Lehdonvirta, V. (2017) Digital Labour and Development: Impacts of Global Digital Labour Platforms and the Gig Economy on Worker Livelihoods. Transfer. DOI: 10.1177/1024258916687250

Read the full report: Graham, M., Lehdonvirta, V., Wood, A., Barnard, H., Hjorth, I., Simon, D. P. (2017) The Risks and Rewards of Online Gig Work At The Global Margins [PDF]. Oxford: Oxford Internet Institute.

The article draws on findings from the research project “Microwork and Virtual Production Networks in Sub-Saharan Africa and South-east Asia”, funded by the International Development Research Centre (IDRC), grant number: 107384-001.

Mark Graham was talking to blog editor David Sutcliffe.