Employment relationship and platform work: global trends and case of Kazakhstan

Abstract

The global response to the phenomenon of platform work has various forms and approaches. The general trend is that numerous court cases are succeeded by legislative initiatives. It is obviously that platform workers no more cannot be considered as a pure entrepreneur or self-employed persons. Due to the control of ‘hidden algorithms’ they fall under the power of the gig company more than ordinary independent contractors. The case of Kazakhstan confirms this approach and proceeds from the special regime of the platform labour within the scope of employment regulation. However, we should seek a balance between social and economic function of labour law. Traditional construction of employment relationship cannot be entirely applied to the platform workers. Nevertheless, it is crucial to ensure decent labour conditions for them. The solution of the problem is enforcement of presumption of employment based on flexible regulatory policy to this form of employment. For example, Kazakhstan’s response to the platform work challenges is based on distinction between location-based and web-based platform work depending on the degree of employer’s power. The hidden algorithmic control of location-based platforms is a core element in a set of proofs recognizing employment relationship between gig companies and their workers. At the same time web-based platforms present more autonomy of their workers who can serve as independent contractors or freelancers. The author concludes that the international community shall elaborate well-balanced approach to regulation of employment relationship based on digital platforms.

Keywords:

employment relationship, platform work, gig companies, presumption of employment, Kazakhstan, independent contractor, freelancer, technology platform marketplace, hidden algorithms, employment misclassification, location-based platform, web-based platform