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Legal Aspects of Work via Digital Platforms: Initiatives and Guidelines of the International Labor Organization

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With the development of the digital economy, new forms of work organization and performance have emerged, particularly through digital labor platforms (e.g., Glovo, Wolt, Uber, Upwork, Freelancer).

This so-called platform economy has opened new opportunities for work, especially for those facing barriers to accessing the labor market.

At the same time, work through digital platforms brings numerous challenges concerning labor rights and worker protection, as well as those arising from modern technologies, such as algorithmic management, without adequate oversight and legal safeguards.

Individuals who find and perform work via these platforms face insecure and non-transparent working conditions, unexplained automated decisions, and a lack of fundamental labor rights, all of which undermine workers’ dignity.

This issue has been recognized by the International Labour Organization (“ILO”), which has emphasized the need to adopt international standards and specific regulations in this area. In June 2025, the ILO’s General Conference adopted a resolution committing to a second discussion in 2026, with the goal of adopting a Convention accompanied by a Recommendation on decent work in the platform economy.

This marks the first step toward establishing legally binding international standards that respond to changes in the technological work environment and protect the rights of digital workers.

Scope of Regulation

In this regard, the ILO has proposed that every member state should be obligated to take measures and establish appropriate mechanisms, ensuring implementation and oversight regarding the following issues:

  • Fundamental labor rights – including freedom of association, the right to collective bargaining, prohibition of forced and child labor, non-discrimination, and a safe working environment;
  • Social dialogue – including support for trade unions, workers’ and employers’ organizations, and mechanisms for collective bargaining;
  • Safety and health at work – including training, protective equipment, the right to stop work in hazardous situations, and access to basic infrastructure (e.g., sanitation, water);
  • Prevention of violence and harassment at work – including digital abuse, in accordance with Convention No. 190;
  • Promotion of employment – fostering access to decent jobs, education, training, and the integration of vulnerable social groups;
  • Proper classification of digital platform workers regarding the existence of an employment relationship – which entails concluding employment agreement for work through digital platforms, with clearly defined agreement elements: identity of the parties, nature of the work, rules on the use of automated systems, reasons for termination of engagement or account deactivation, methods of determining remuneration, and the applicable legal framework;
  • Remuneration for work – including full, timely, and adequate payment in accordance with national law, information on payment amounts and deductions, the right to reimbursement of expenses and other payments beyond salary, and compensation for waiting time;
  • Social protection – meaning mandatory social insurance under conditions no less favorable than those for other workers in comparable situations, including healthcare, income security, protection against work-related injuries and occupational diseases, and the portability of acquired social security rights when workers are covered by different social insurance systems;
  • State oversight of the use of automated systems and their impact on working conditions – including a ban on adverse impacts on workers’ rights from such systems, the right to a written explanation for any decision made by such a system, and the right to human review of such decisions;
  • Protection of personal data and privacy of digital platform workers – including a prohibition on the processing of personal and sensitive data without a legal basis, and the right to portability of work-related data;
  • Prohibition of discriminatory and unjustified suspension or deactivation of digital platform worker accounts or termination of work engagements;
  • Working conditions – including the obligation to inform workers about the terms of engagement in a suitable, confidential, and understandable manner – in writing, limitations on daily and weekly working hours, rest breaks, and minimum daily and weekly rest periods;
  • Protection of migrants and refugees – as particularly vulnerable categories;
  • Effective resolution of labor disputes – ensuring the right to equal access to safe, fair, and efficient mechanisms for resolving labor disputes.

Conclusion

Many of the problems in the platform economy are already well-developed and thus ripe for regulation.

The adoption of a new convention, along with its accompanying recommendations, aiming to establish binding international standards, represents a significant step toward protecting workers in the digital age and the beginning of a long-term process to address the challenges in this area.

Its goal is not only to establish minimum standards but also to achieve full legal equality between workers engaged via digital platforms and those in traditional employment relationships, in accordance with the legislation of the respective member state. This involves recognizing all employment rights to ensure the preservation of the dignity of work and the fair treatment of all working individuals, regardless of the form of their engagement.

This article is for informational purposes only and does not constitute legal advice. If you require additional information, please feel free to contact us.

By Borinka Dobrnjac, Senior Associate, PR Legal 

Serbia Knowledge Partner

SOG in cooperation with Kinstellar is a full-service business law firm in Serbia that provides foreign and domestic clients with premium-quality legal advice and assistance across a wide range of key areas of corporate law. The firm was founded in 2015 by a group of seasoned, internationally-trained lawyers. SOG has developed a distinctively dynamic culture, bringing together top talent, fostering entrepreneurship, and maintaining exceptional relationships with its clients.

SOG has achieved consistent growth in the volume of its business, accompanied by an exponential increase in the number of hired associate lawyers and the firm’s network of business contacts. SOG has a robust client base of multinationals, investment and private equity firms, and financial institutions. Clients praise SOG for being commercially minded, very responsive and knowledgeable.

Establishing permanent cooperation with Kinstellar is part of realising SOG's long-term development strategy to be the leading provider of legal services in the Western Balkans market.

Firm's website: https://www.kinstellar.com/

 

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