Gig economy companies employ multiple strategies that undermine gig worker rights around the world, according to a new issue brief by the International Lawyers Assisting Workers (ILAW) Network, a project of the Solidarity Center.
“The collection of cases analyzed in this report reveals the extraordinary extent to which these companies are embroiled in litigation around the world,” write co-authors Nicola Countouris, labor law professor at University College London (UCL) and research department director for the European Trade Union Institute (ETUI), and Jason Moyer-Lee, a fellow at Georgetown University’s Kalmanovitz Initiative for Labor and the Working Poor.
The brief details a string of losses for gig economy companies, including before the highest courts of France, Spain and the United Kingdom, and in lower tribunals from South Korea to Uruguay. Such worker victories have come at great cost and, due to weak enforcement regimes, gig economy companies often do not extend rights even after losing cases, concludes the report.
In countries where companies have seen more success—such as South Africa and the United States—the analysis shows how gig economy employers have deployed multiple tactics to pull off the victories, such as forcing workers into arbitration, making them sign complex and convoluted contracts, or relying on an international corporate structure.
The brief recommends gig workers pursue strategic litigation, complemented by collective action, campaigning and communications strategies targeted at local lawmakers, with a special focus on enforcement. And governments, the brief states, “must proactively and rigorously enforce the law,” while applying penalties stiff enough to dissuade unlawful behavior.
“These companies have gone to great lengths to insulate themselves from responsibility and have put an extraordinary burden on workers to claim their basic rights at work. Governments must step in now and enact legislation that protects the rights of all workers providing labor to a digital platform company,” says Solidarity Center Rule of Law Department Director and ILAW Network co-founder, Jeffrey Vogt.
The report was made possible with funding from the Ford Foundation.
In a boost for Ukraine’s anti-corruption efforts and worker rights, Olena Bebeshko, leader of the Independent Trade Union of Aviation Workers of Ukraine at the VIP terminal at Kyiv’s Boryspil International Airport, won a landmark legal victory last week. An appeals court affirmed a 2021 lower court decision that—under whistleblower-protection rules—Bebeshko had been illegally fired in retaliation for reporting widespread corruption at the terminal.
The court ordered immediate reinstatement, at full pay, and awarded her $5,300 compensation.
“This case is a milestone for labor rights protections and combating large scale corruption,” said Independent Aviation Workers Union of Ukraine President Veniamin Tymoshenko.
After reporting corruption at the terminal to Ukraine’s National Anticorruption Bureau, Bebeshko and other terminal workers suffered harassment and violent attacks. For example, a mother of two, Natalia Zhulinska, was fired after refusing to ignore improper activities and almost entirely blinded in a 2017 acid attack. Before that, her car was destroyed by fire, with explosives and weapons planted inside to frame her for the attempt on her life, says her union.
Bebeshko was fired in 2021 after directing corruption allegations from the union to the National Anticorruption Bureau. Although a lower court ordered that she be reinstated immediately, she was denied admittance to her workplace and her pay cut by one-third during the appeals process.
The court decision has advanced the country’s fight for whistleblower rights and against corruption. Bebeshko is of one of very few workers to have won official whistleblower status in Ukraine, despite new legislation that provides whistleblowers with added protections, especially as applied to labor rights.
Workers at the Boryspil airport VIP terminal began reporting rampant corruption in 2014 after new management took over following a change of government. Loyalists willing to engage in, or facilitate, corruption allegedly retained their jobs while 50 workers were laid off and their positions turned over to new managers’ friends and family. The goal, the union says, was to ensure that only those willing to ignore or support management skimming of airport funds—among other corrupt practices—worked the terminal. Terminal workers the following year organized and affiliated to the Ukrainian Independent Trade Union of Aviation Workers of Ukraine to collectively protect their jobs, and the public, from corrupt practices at the terminal.
A worker-centered, precedent-setting program that targets gender-based violence and harassment (GBVH) in four Lesotho garment factories is now in effect for as many as 10,000 workers producing jeans for the global market.
The program inauguration on Friday was marked by a social media campaign, including SMS text blasts to garment workers, Lesotho-based media coverage and a video announcement by signatories to binding 2019 agreements—the factory owner, brands, local unions and women’s rights groups, and international organizations and unions, including the Solidarity Center, Workers United, and the Worker Rights Consortium. The program, which is unique in that it is binding and worker-led, will empower Lesotho unions, human and women’s rights groups to effectively address GBVH. One of its tools is a new Solidarity Center GBVH training video in English and Sesotho, which debuted on Friday, that will be widely disseminated to garment workers during training programs and via social media.
To combat widespread abuse, the program is providing garment workers with GBVH awareness trainings, a confidential reporting system and enforcement processes administered by an entity independent of employer influence. Under the program:
Workers’ Rights Watch, an independent Lesotho-based nonprofit entity established by the agreements, is fully empowered to investigate complaints of GBVH and determine remedies to redress violations of the agreements’ GBVH code of conduct.
A confidential, toll-free information line run by one of the women’s rights organizations is available six days a week for garment workers to discuss GBVH issues and remedies with trained counselors, including determining their rights under the code of conduct and how to participate safely in a complaint and remedy process.
Education and awareness campaigns and programs are being provided to garment workers and their supervisors that get at the root causes of gender discrimination and violence against women, outline the GBVH code of conduct and remedies under the program, and encourage reporting through the information line.
“Painful occurrences have been happening at our place of work,” said Nien Hsing shopfloor union representative ‘Mamoleboheng Mopooane, describing demands by supervisors for sexual favors from workers seeking employment at the factory gate in exchange for work in previous years.
“We are really grateful for this program because before it has even [officially] started, we can see that there are already existing successes,” she said, adding that the program will be of even greater assistance once workers know where to report violence and harassment, and can see that GBVH incidents are taken seriously.
Program partners include Lesotho-based unions and women’s rights groups that will play a key role in implementing the program to ensure that the binding agreements change the culture and practice at Nien Hsing’s factories and provide remedy for victims of GBVH. These include the Federation of Women Lawyers in Lesotho (FIDA), the Independent Democratic Union of Lesotho (IDUL), the National Clothing Textile and Allied Workers Union, Lesotho (NACTWU), the United Textile Employees (UNITE) and Women and Law in Southern Africa Research and Education Trust (WLSA)-Lesotho; international rights organizations Solidarity Center, Worker Rights Consortium (WRC) and Workers United. Global brands Levi Strauss, The Children’s Place and Kontoor Brands and the employer Nien Hsing are signatories to and participants in the binding agreements and GBVH program. Funding comes from Levi Strauss, The Children’s Place and Kontoor Brands together with the Solidarity Center and WRC in collaboration with the U.S. Agency for International Development (USAID).
A 2019 survey of workers at three Nien Hsing factories in Lesotho by WRC, which spurred the agreements, found that nearly two-thirds of the women from three factories who were interviewed reported “having experienced sexual harassment or abuse” or having knowledge of harassment or abuse suffered by co-workers. Women workers from all three factories surveyed identified GBVH as a central concern for themselves and other female employees.
The agreements build on the Bangladesh Accord on Fire and Building Safety, in which unions were key participants. The Accord recognizes the fundamental role of collective bargaining in achieving an agreement that is binding and enforced, backed by international brands’ commitment to link their ongoing business with their supplier to their compliance.
The Lesotho GBVH program also is partially modeled after the Fair Food Program, a set of binding agreements between leading food brands, like McDonald’s and Whole Foods, and the Coalition of Immokalee Workers, which uses an independent complaint mechanism.
A vicious crackdown in Belarus on striking workers peacefully protesting President Lukashenko’s refusal to leave power despite months-long popular protests is drawing the attention and condemnation of worker and human rights experts, including Amnesty International, the AFL-CIO, the Solidarity Center and the International Trade Union Confederation (ITUC).
“The right to strike is guaranteed under international law, and the government is obliged to respect this right, all the more because Belarus has ratified ILO Conventions 87 and 98,” says ITUC General Secretary Sharan Burrow, who also denounced Belarus’s violation of workers’ fundamental right to freedom of assembly and of association rights through police violence and threats targeting the general public.
In Minsk, where 100,000 people marched to deliver a “People’s Ultimatum,” authorities cut off mobile internet access, closed down public transportation, turned out balaclava-clad riot police and military and riot control vehicles at strategic sites, and attacked protesters in the evening.
Participants in Monday’s general strike, including ITUC affiliate the Belarusian Congress of Democratic Trade Unions (BKDP), demanded Lukashenko’s resignation, a halt to the crackdown and the release of political prisoners. Thousands stayed home or took to the streets—including workers at state-owned factories and private enterprises, including restaurants and cafes—as well as university students and their teachers. At least 155 people were arrested for supporting the strike in Minsk, Borisov, Brest, Grodno, Mogilev and Novopolotsk, human rights group Vesna reported.
Intimidation may have had a chilling factor on the strike, says the BKDP, who also reported that peacefully protesting workers at Minsk’s Hi-Technology Park were being intimidated and dispersed. Other intimidation tactics included visits by security officers to the homes of workers who failed to start their shift at Grodno Azot, a major nitrogen fertilizer producer in Grodno, as reported by the Associated Press.
“A frank disregard is being shown for the most basic of human rights, and the right to strike is now one more that is being mercilessly crushed,” says Amnesty International Acting Director for Eastern Europe and Central Asia Denis Krivosheev.
The AFL-CIO, in a letter to the BKDP president, praised the BKDP, its affiliates and members for their support for worker rights and democracy despite government repression and harassment.
“Intimidation must end. We support the right of workers to participate in collective actions specifically to demand fair and democratic elections,” says Solidarity Center Europe and Central Asia Director Rudy Porter.
The ITUC Global Rights Index, has ranked Belarus “no guarantee of rights” for many years under Lukashenko’s government, including in 2020, in part because legal strikes are effectively impossible while illegal strikes fall afoul of severely punitive legislation.
Update: Read the BKDP’s November 2 statement regarding the punishment of striking workers and their leaders, in Russian.
A recent study by NORC at the University of Chicago found that child labor in Ghana and Ivory Coast cocoa production increased 14 percent in less than a decade, demonstrating the urgent need for more effective and inclusive interventions, says the General Agricultural Workers’ Union of Ghana (GAWU). GAWU is reducing child labor in cocoa farming communities by applying a child-labor-reduction model honed in fishing communities on Lake Volta that raises awareness and incomes of parents so kids can stay in school.
“Where the union is present, child labor is absent,” says GAWU Deputy General Secretary Andrews Addoquaye Tagoe about a new video produced with Solidarity Center support. He points to the successful long-term GAWU child labor interventions in fishing communities in Kpando Torkor and, more recently, child labor reduction programs in cocoa farming communities, for which GAWU received an international labor rights defender award this year.
Girl opening a cocoa pod with a sharp machete in a GAWU child labor video
Up to 2 million children are engaged in cocoa production in West Africa, primarily in Ghana and Ivory Coast. The two countries together supply about 70 percent of the world’s cocoa beans. As cocoa production in both countries has increased—by 62 percent during the past decade—so has child labor. In Ghana, 55 percent of children living in agricultural households are reportedly engaged in child labor, more than 90 percent of them engaged in at least one form of hazardous child labor.
Using the collective power of farmers and their families, communities, anti-child labor clubs, school authorities and local leaders to fight child labor in more than 180 cocoa farming communities in the Ashanti, former Brong-Ahafo, Central, Eastern, Volta and Western, regions, GAWU’s 30,000 cocoa farmer members are:
Building worker voice at the local and national levels for farmers to benefit from higher cocoa prices and the profitable global chocolate industry
Negotiating collective bargaining agreements with Ghana’s Cocoa Board that establish binding commitments to producing child-labor free cocoa
Creating child-free labor zones and Community Child Protection Committees who enforce child labor legislation
Working through cocoa farmer cooperatives to produce cocoa byproducts and developing skills for non-farm economic activities to generate income that covers children’s school-related expenses
Supporting and sending children to bridge schools that provide academic support to children withdrawn from child labor and prepare them to reintegrate into mainstream schools
Girls in Torkor village walking to school in a GAWU child labor video
The union’s child labor reduction Torkor model is finding success, says Tagoe, because it represents the multiple intervention and community-based approaches that the NORC report findings say are key. The $103 billion cocoa industry’s current approach—which includes the expenditure of $215 million on voluntary certification programs during the past decade even as child labor prevalence continued to rise—represents the industry’s failure to fulfill its longstanding promise to eradicate child labor from its supply chains.
Unions are at the heart of sustainable, effective interventions because they engage community leaders, including women and youth, in their design and implementation, as recommended by NORC and the Child Labor Coalition. “We are driven to step up our organizing efforts and help new and current members work with community partners to fight child labor in cocoa,” says Tagoe. “Agriculture without child labor is possible.”
According to the Child Labor Coalition, of which the Solidarity Center is a member, “The industry needs to focus on paying a living income while also rapidly scaling up programs that identify child laborers and ensure that children are able to go to school.”
GAWU is the largest trade union representing formal- and informal-sector farmers and agricultural workers in Ghana, and an affiliate of Solidarity Center partner Trades Union Congress-Ghana (TUC-Ghana) and the International Union of Food, Hotel, Tobacco, Restaurant and Allied Workers (IUF).
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