Ride share drivers face many job-based hazards–and for women, the dangers are compounded by sexual harassment and other forms of gender-based violence. Women app-based workers also are disproportionately targeted by what law scholar Veena Dubal has termed “algorithmic discrimination.”
“The structure of the wage-setting process, the structure of the algorithms, tends to recreate traditional forms of discrimination. Again, replicating the gender wage gap,” Dubal tells Solidarity Center Executive Director and Podcast Host Shawna Bader-Blau on the latest episode of “My Boss Is a Robot.”
Algorithmic bosses turn the traditional employment model on its head–and not in a good way.
“Uber’s own research shows that people who work longer hours actually earn less per hour,” says Dubal, a law professor, University of California, San Francisco College of Law.
“All of these sort of basic ideas about work are being disrupted invisibly by algorithmic wage setting processes that could very easily spread to other sectors of the economy, disrupting traditional ideas of how wages should be and are set, and really disconnecting work from security in a way that’s quite dystopian.”
Tech Discrimination: The New Way We Work, explores what this new model means for gig workers–and how it could shape a new world of work where how much we are paid, how many hours we will work and what our job will be day to day are completely out of our control.
“My Boss Is a Robot” is a six-part series that seeks to shine a light on the behind-the-scenes practices of app companies who exploit workers in the global gig economy. Download the latest episode, Tech Discrimination: The New Way We Work? and watch for the next episode on October 25.
App-based drivers in Osh, Kyrgyzstan, achieved a historic milestone by negotiating a first collective bargaining agreement with a leading platform-based transportation company, Osh Taxi.
The September 29 pact, negotiated by the Kabylan union, extends beyond union members to cover all 2,000 drivers in the taxi fleet. It provides strong safety and health protections, including prevention of gender-based violence and harassment, and protects drivers’ rights against labor violations like unjust employer fines.
“The signing of the collective agreement is a highly important event that signifies a pivotal moment in our union’s history since its establishment,” says Kabylan President Ulan Cholponbaev. “This agreement has set an outstanding precedent for labor relations between taxi companies and workers, serving as a valuable tool for safeguarding the labor rights of drivers.”
App-based drivers started mobilizing several years ago to get the same rights and protections as workers covered by Kyrgyz law, and recently formed the Kabylan union, which now has 3,000 members.
The agreement also covers such areas as unjust suspension of drivers on the platform and gender discrimination, and includes a comprehensive set of measures and policies aimed at creating a work environment free from harassment and violence.
Drivers and their union began the process in March, and the contract followed formalization of a social partnership agreement between Kabylan and Osh Taxi. The foundational agreement laid the groundwork for negotiations that led to the comprehensive collective agreement.
Kabylan also provides legal assistance for taxi drivers in Osh, the country’s second largest city, and throughout the southern region, with the union’s lawyer holding more than 30 consultations on workers’ rights each month.
The union is getting set to sign a second collective agreement with CARS.KG, another prominent taxi company that employs 400 taxi drivers.
Although most countries have hard-won labor laws in place, app-based drivers and 2 billion informal sector workers have few legal protections. A new six-part Solidarity Center Podcast series, “My Boss Is a Robot,” takes you on a journey with app-based drivers as they navigate a system that is programmed to exploit workers in the global gig economy. Download it here or wherever you get your podcasts.
Food delivery and passenger service drivers and are forced to follow the company apps. But if apps miscalculate and send drivers in the wrong direction, or lower wages for drivers stuck in traffic, it’s the driver who loses wages, or is even booted from the platform. The latest episode of My Boss Is a Robot shows that for app-based companies, these are not bugs–they are built into an algorithmic system designed to move money from workers and into the pockets of the rich corporate bosses.
From Thailand, delivery driver Niap Chunti Ta Kai See Kun tells Podcast Host and Solidarity Center Executive Director Shawna Bader-Blau that the app often shows his destination far closer than it really is–sometimes indicating a route straight through buildings.
“The distance in the Google Map, for an example, is five kilometers, but the distance in the application map is always shorter, like three kilometers,” he says. “I think that’s not a mistake, they intend to do that because that will reduce the pay and that will reduce the cost for the application. The shorter the distance, the less they have to pay us. But the longer the distance, the more they have to pay us.”
Drivers also work long hours and rush between deliveries because if they don’t, the app punishes them by lowering pay.
“And that’s why you see some drivers died on the wheel,” says Lawal Ayobami, an app-based driver in Nigeria. “There was no rest for the driver. They don’t even go to their family. They’re on the road because they want to make money.”
Delivery Drivers Stand Up for Their Rights
Delivery drivers around the world are standing up for their rights: Earlier this year, Nigeria’s Ministry of Labor recognized the Amalgamated Union of App-Based Transport Workers of Nigeria after delivery drivers organized in cities across the country.
“That means workers like Ayobami will begin to get the protections and benefits they deserve in this highly unregulated and informal sector,” says Bader-Blau.
“My Boss Is a Robot” is a six-part series that seeks to shine a light on the behind-the-scenes practices of app companies who exploit workers in the global gig economy. Download the latest episode, Gaming the System: App Workers Rarely Win, and watch for the next episode on October 11.
Drivers in Nigeria won the country’s first union covering platform-based workers, a victory that shows it is possible for “unions to organize workers in the gig economy,” says Ayoade Ibrahim, secretary general of the Amalgamated Union of App-Based Transport Workers of Nigeria (AUATWN).
Platform workers in Nigeria join with Labor Ministry officials to finalize recognition of their union, AUATWN. Credit: AUATWN
The Ministry of Labor’s recognition of AUATWN empowers it to have a say in determining the terms and conditions of drivers working for Uber, Bolt and other app-based transportation companies in the country, and covers drivers who deliver food and passengers or engage in other services. The union worked with the Nigeria Labor Congress throughout the campaign for recognition.
In a statement approving AUATWN as union representative of app-based workers last week, the Labor Ministry pointed out that while the freedom to form unions and collectively bargain are internationally protected rights, workers in the informal sector, such as app-based workers, often are not included.
“Today, we are breaking new ground with those in the informal sector who are employing themselves,” the Labor Ministry said. Some 80 percent of Nigerians work in informal sector, as the lack of good jobs—the official unemployment rate is 33 percent, with youth unemployment at 43 percent—leaves workers with few options beyond selling goods in the market, domestic work or taxi driving.
In Nigeria, as in countries around the world, app-based drivers often must work long hours to support themselves and pay for expenses like vehicle maintenance, insurance and car leasing. Excessive hours lead to accidents, says Ayoade.
“I work 15 to 18 hours a day. Long hours working is actually not safe for drivers,” says Ayobami Lawal, a platform driver in Lagos. “That is why you see in the news that the driver had an accident. It is because of fatigue, because there is no time to rest.” Drivers also risk being assaulted and even killed on the job, as platform companies do not screen riders. By contrast, riders have access to drivers’ name and personal phone numbers.
In April 2021, platform drivers and their associations in Nigeria went on strike, demanding that Uber and Bolt raise trip fares to make up for the increased cost of gas and vehicle parts. They also launched a class action suit in 2021 against Uber and Bolt, seeking unpaid overtime and holiday pay, pensions and union recognition. Following the protests, Uber increased fare costs on UberX rides and UberX Share in Lagos, a move that did little to improve drivers’ pay and nothing to improve conditions.
‘We Must Be United’
App-based drivers in Nigeria began seeking union recognition in 2017, after drivers’ income was slashed by 40 percent, says Ayoade, a father of three who that year was forced to drive 10-hour days to make the same income he had previously earned for fewer hours. When Uber and Bolt first launched, drivers were paid enough to work without putting in long hours. But the companies’ price wars to lure passengers and increased driver fees, including commissions up to 25 percent per rider, slashed driver pay.
As the process to register a union with the government dragged, platform worker associations made key gains in mobilizing workers through Facebook, WhatsApp and, most recently, Telegram. The campaign also includes legal action and lobbying Parliament to extend labor laws and social protections to workers in the informal sector.
Three worker associations engaged in the campaign—the National Union of Professional App-based Transport Workers (NUPA-BTW), the Professional E-hailing Drivers and Private Owners Association of Nigeria (PEDPAN) and the National Coalition of Ride-Sharing Partners (NACORP)—last year joined together to form AUATWN.
“We cannot go to war with a divided mind,” says Ayoade. We must be united before we can achieve. The fact that we are united now, we are fierce. We’re trying to involve everybody.”
App-Based Workers Making Gains Worldwide
Unions face unique challenges organizing app-based workers, but by mobilizing members through online apps, unions also have the ability to involve more workers in meetings, education and other opportunities.
“Everybody is included,” says Ayoade. “It’s a more democratic process. We have delegates for unit leadership. If the delegates can’t join for a physical meeting, they can join anywhere.”
Members’ questions can be quickly answered on social platforms and the union operation is more transparent. For instance, he says, members “will see how the money to the union is moving from the app to the account. Every member knows how the money will be used.”
Platform workers in countries worldwide are joining together to better wages, job safety and other fundamental rights guaranteed by international laws. In Kyrgyzstan, gig workers at Yandex Go formed a union and won better wages, while a new report finds that workers on digital platform companies who are pursuing their rights at work through courts and legislation are making significant gains, especially in Europe and Latin America. The Solidarity Center is part of a broad-based movement in dozens of countries to help app-based drivers and other informal sector workers come together. Members of the International Lawyers Assisting Workers Network (ILAW), a Solidarity Center project, have assisted platform workers in many of these cases.
While celebrating the new union, Ayoade also is mindful of the cost some workers paid for a lack of decent work.
“Some of the people we started together with in this campaign, they lost their life along the line,” he says. The lack of insurance or social benefits mean that if drivers are attacked or robbed or even die on the job, they and their family are left all on their own. “They have children, they have parents, who received nothing,” he says.
Although he is bullied and even threatened for his work, Ayoade says such tactics only make him see his efforts are effective. “God gave me the opportunity to help people in this struggle. I am doing something that is improving people’s lives.”
Workers on digital platforms who are pursuing their rights at work through courts and legislation are making significant gains, especially in Europe and Latin America, according to a new report by the International Lawyers Assisting Workers Network (ILAW Network).
A key finding of Taken for a Ride 2:Accelerating Towards Justice shows that major companies like Uber, Deliveroo, Glovo and others often are losing in their efforts to intentionally misclassify workers, with Australia as an exception.
When gig workers like platform-based drivers are misclassified as independent contractors, they are not covered by labor laws that mandate a minimum wage, safety and health protections, paid sick leave, and the right to join or form a union and bargain collectively.
As the report notes: “The principal problem, the denial of workers’ employment status is not the sole issue when it comes to the exploitation of these workers. The denial of decent wages and working hours, unfair dismissals, and some union busting to boot, are all part and parcel of the [platform companies’] modus operandi.”
“The leading digital platform companies were well aware that their model was illegal from the start and used their money and influence to ensure that regulators would treat their ‘innovation’ otherwise. At long last, courts and regulators are coming around, though after undermining an industry and the livelihoods of drivers worldwide,” says Jeffrey Vogt, rule of law director at the Solidarity Center.
The Solidarity Center launched the ILAW Network in December 2018 as a global hub for worker rights lawyers to facilitate innovative litigation, help spread the adoption of pro-worker legislation and defeat anti-worker laws. The network now has more than 900 members from 80 countries.
Platform Workers Organizing and Mobilizing
The ILAW report analyzes 30 recent employment cases across 18 countries and builds on the network’s March 2021 Taken for a Ride report which found that app-based companies “go to extraordinary lengths to construct an impenetrable legal armory around themselves, requiring workers, unions and/or the state to overcome innumerable hurdles should they wish to impose any employment obligations on the companies acting as ‘employers.’”
Even as they advocate for laws ensuring their full rights as workers and challenge exploitative company practices in courts, platform workers also are standing up for their rights around the world by taking collective action to strike and form unions and associations.
Taken for a Ride 2 asserts that collective action is key to advancing their rights. In one of its key recommendations, the report states: “Independent, democratic trade unions and worker organizations which represent ‘gig economy’ workers must be provided a seat at the table. They also hold more expertise than legislators, lawyers and academics about what ‘gig economy’ workers need from the law.”
In addition, the report notes that enforcement of laws covering platform workers is crucial because “this is an industry in which employers have demonstrated over and over again that irrespective of what judges say, or the extent to which they are lambasted in the press, they are willing to flout laws unfavorable to them. Because the price of doing so has not been high enough.”
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A key finding of