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Rights of Gig Workers

Rights of Platform Workers in South Africa

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

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Update October 3, 2020

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