2025 International Labour Conference: First Steps Towards International Standards for Platform Work

Next Monday, 2 June 2025, marks the commencement of the 113th session of the International Labour Conference (ILC), the annual meeting of the tripartite constituents of the International Labour Organization (ILO). Over the next two weeks, delegates of governments, employers' organisations and workers' organisations will come together to identify current trends in the world of work and discuss the most pressing labour rights issues. Among the many important issues on this year's conference agenda, there is one that warrants particular attention: the standard-setting item on decent work in the platform economy.

The rise of the gig or platform economy in recent years has presented significant challenges for upholding labour rights and standards. Although it is difficult to identify with any precision the size of the global platform workforce today, it is widely acknowledged that the platform economy is rapidly expanding, and millions of workers around the globe rely on digital labour platforms as their primary or supplementary income source. While digital labour platforms offer a multitude of economic and social benefits - including providing greater flexibility for workers and expanding income-generating opportunities, especially for marginalised groups - their increasing use has also raised complex questions about the nature of the relationship between platforms and workers, and the specific rights and protections platform workers are entitled to under both domestic and international law.

Indeed, questions surrounding the extent to which platform workers are protected by international labour standards have persisted for several years. These primarily stem from the fact that in many contexts, those who perform work using digital labour platforms are denied recognition as employees, and are instead classified as independent contractors or similar. Although the ILO's Committee of Experts on the Application of Conventions and Recommendations confirmed in 2020 that "the full range of fundamental principles and rights at work are applicable to platform workers in the same way as to all other workers, irrespective of their employment status", the extent to which platform workers can avail themselves of rights and protections which fall outside this core suite of fundamental labour standards has remained murky for some time.

So much was confirmed in a normative gap analysis conducted by the International Labour Office at the request of the ILO's Governing Body in 2023. The Office's analysis identified several gaps in the personal scope of application of existing international labour standards to platform workers, as well as a number of thematic gaps arising because existing standards fail to fully address some characteristics of platform work, particularly in relation to the impact of the use of algorithms on working conditions. Taking note of these findings, it was agreed at the Governing Body's 347th session that an item on decent work in the platform economy with a double-discussion procedure would be placed on the agenda of the 2025 ILC.

In accordance with Article 46 of the Standing Orders of the International Labour Conference, the International Labour Office then prepared a report on the topic, entitled 'Realizing decent work in the platform economy', which was published in January 2024. The report provided an overview of the growth and prevalence of the platform economy, before discussing the applicability of international labour standards to platform work and outlining some of the normative gaps identified in the Office's initial analysis. The report also outlined existing regulatory frameworks from around the world and analysed how these frameworks dealt with several pertinent issues for platform workers, including remuneration, working hours, contract termination or deactivation, the protection of data, social security, representation and unionisation, access to information, the use of algorithms, and dispute resolution mechanisms. It also contained a questionnaire for member States on whether a dedicated international labour standard (or standards) on decent work in the platform economy should be adopted, and if so, the form, scope and content of such instrument(s).

Following receipt of responses to the questionnaire, a second report was prepared and made available to all member States in early 2025. This latter report summarised and analysed 141 responses received from member States, as well as over 300 responses received directly from employers' and workers' organisations and international representative bodies of such organisations. Based on this analysis, the adoption of a convention and supporting recommendation on decent work in the platform economy was proposed. The report recommended that the proposed instruments have application to all platform workers on all digital labour platforms, and address the following issues:

• The application of the fundamental principles and rights at work to platform workers;
• The employment relationship, and specifically the correct classification of platform workers with reference to the criteria outlined in the Employment Relationship Recommendation 2006 (No 198);
• Terms and conditions of employment (or engagement);
• Employment promotion (with a focus on decent work);
• Remuneration and working time;
• Social security;
• Occupational health and safety;
• Violence and harassment;
• Algorithmic management and the impact of automated decision-making tools;
• Account suspension and deactivation and termination of employment (or engagement);
• The protection of workers' personal data and privacy;
• The protection of migrants and refugees;
• Freedom of association, social dialogue and the role of employers' and workers' organisations; and
• Dispute resolution and remedies.

The report also contains specific recommendations as to how these issues ought to be addressed within the proposed instruments, including draft provisions. These recommendations will form the basis for discussions between government delegates and employers' and workers' organisations at the ILC over the next two weeks. Based on the outcome of these discussions, a further report will be prepared by the International Labour Office after the conclusion of this year's conference, and circulated to ILO member States for comment. Included in this further report will be a draft instrument (or instruments). At the 2026 ILC, the draft instrument(s) will then be discussed, amended as necessary and proposed for adoption. If the proposed convention and recommendation attain a two-thirds majority of votes, they will be adopted.

If an international labour standard on decent work in the platform economy is ultimately adopted at the 2026 ILC, ILO member States would be required, by virtue of Article 19(6) of the ILO Constitution, to submit the convention and/or recommendation to their competent national authority for consideration within a period of 12 months. In the case of a convention, this would mean consideration for ratification, the process whereby an international standard is incorporated into the national law of a member State.

In view of the normative gaps that currently exist and the unique nature of platform working arrangements, the adoption of a dedicated international labour standard relating to platform work is an essential step in promoting and protecting the rights of millions of workers across the globe. Independent research conducted by BIICL has identified several protection gaps and shortcomings in existing regulatory frameworks that leave platform workers exposed to unfair and unjust working arrangements, discrimination and exploitation at work. It can only be hoped that discussions at this year's conference are both constructive and ambitious, and that the broad scope of issues proposed in the Office's second report is endorsed, paving the way for the development of robust instruments that provide meaningful and critically necessary protections for platform workers worldwide.

BIICL has engaged with issues relating to rights and protections for platform workers in a number of ways, including through projects (most pertinently the GLP-POWER Project), events and training. We are exploring avenues to expand on this work in the near future. For more on BIICL's labour rights work, visit here.