Background: The rapid growth of digital labour platforms has created a new category of workers who fall outside traditional employment classifications, leaving millions without adequate legal protection and social benefits. This research examines the legal challenges surrounding gig economy workers’ rights and the evolving frameworks for their protection. Objective: To analyse the legal classification of gig workers across different jurisdictions, evaluate existing social protection mechanisms, and propose framework improvements that balance flexibility with worker protection in digital labour markets. Methods: This qualitative study employed a mixed-methods approach, combining doctrinal legal analysis of legislation and case law from multiple jurisdictions with semi-structured interviews of 45 stakeholders, including gig workers, platform representatives, legal experts, and policymakers. Thematic analysis was used to identify patterns in legal approaches and protection gaps. Findings: Four major themes emerged: (1) Current binary employment classifications fail to capture the reality of gig work relationships; (2) Significant disparities exist in social protection access between traditional employees and gig workers; (3) Platform algorithms create new forms of control that challenge traditional employment tests; (4) Emerging hybrid classification models show promise but face implementation challenges. Courts increasingly recognize platform control mechanisms, yet regulatory responses remain fragmented. Conclusion: The study reveals an urgent need for legal frameworks that move beyond binary employee/contractor classifications. Recommendations include developing intermediate worker categories, portable benefits systems, algorithmic transparency requirements, and collective bargaining mechanisms adapted for digital labor markets. Success requires coordinated policy action balancing innovation with fundamental worker protections.
Nicki James Shepherd (Mon,) studied this question.