An interesting article by Madhumita Murgia, the FT’s artificial intelligence editor, looks at the story of 'UberCheats', an app for riders to check if they really travelled the distance which UberEats' algorithm recorded for a delivery. UberCheats only existed from December 2020 to February 2022, but it had a big impact, with riders all over the world finding that they had indeed been cheated out of money by the Silicon Valley company. "About 6,000 trips were logged on UberCheats in total, 17 per cent of which appeared to have been underpaid," Murgia finds.UberCheats exposes the need for platforms' algorithms to be audited to check that they are not systematically deceiving workers and customers alike, presenting the company's information as facts when actually it is based on highly subjective interpretation. Also, the algorithm doesn't always get it right: it is prone to error just like human-beings are. All countries have laws requiring firms to provide accurate information about their products, so this is a regulatory compliance issue. Of course, if the state isn't doing this auditing work then others, most obviously unions, can and should use data tools to expose malpractice and bring it to the attention of regulatory bodies and the wider public. Armin Samii, the creator of UberCheats, couldn't keep his algorithmic-auditing tool running for long due to the time it takes to update the app whenever Uber updates its terms & conditions (which is frequently). But a software engineer who is paid to do this work obviously could maintain and even upgrade an app like UberCheats.
And it's not just UberCheats. We've previously highlighted how data recovery and analysis has been used to good effect for Uber drivers' back-dated pay claim in Geneva. In Italy, researchers and activists have used 'black-box testing' to uncover Glovo's data protection breaches. In Brazil, an app called StopClub immediately shows Uber drivers the rate per kilometre or per hour before they accept a trip, allowing them to combat the algorithmic mysteries of 'dynamic pricing'. There are now many examples of how data tools can be used to aid platform workers, even when faced with resistance from the platforms.
If you are still not convinced this is worth investing time and money in, you may want to consider the possibilities opened up for algorithmic meddling by the Platform Work Directive, which will have to be transposed into national law by April 2026 at the latest. Not only will there be a whole series of new rights for platform workers in relation to algorithmic management, there will also be a new source of cash to help workers access these rights: from the bank accounts' of Uber and co.
Article 13, point 3) of the PWD text states: "The platform workers’ representatives may be assisted by an expert of their choice, in so
far as this is necessary for them to examine the matter that is the subject of information and
consultation and formulate an opinion. Where a digital labour platform has more than 250
workers in the Member State concerned, the expenses for the expert shall be borne by the
digital labour platform, provided that they are proportionate."
Of course this money is for accessing and interpreting workers' data, not creating apps like UberCheats. But once you have the data specialists working on the data gathering and analysis it is not too much of a leap to then develop app-based tools for platform workers like UberCheats and StopClub so that workers can most effectively make use of this data to make informed decisions, gather evidence for regulators and data protection authorities, and of course to challenge the platforms' directly.
No one would argue that the use of data to surveil and manage workers has not increased the power asymmetry between workers and bosses. But if that is universally accepted, then it should be just as easy to recognise that the more leverage workers can gain over their data, the more chance there will be of re-balancing the scales of industrial relations. If data is the future of work, then building data power must be an essential aspect of 21st century trade-unionism. Ben Wray, Gig Economy Project co-ordinator
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Gig Economy news round-up |
- EUROPEAN PARLIAMENT COMMITTEE BACKS PLATFORM WORK DIRECTIVE: The European Parliament's Employment and Social Affairs Committee overwhelmingly gave its backing to the EU Platform Work Directive agreement on Tuesday [19 March], paving the way for a ratification vote by the whole of the European Parliament on 24 April. Out of 40 MEPs on the committee, 37 voted in favour, three against. France Insoumise MEP Leïla Chaibi, who chairs the employment committee, said following the vote: "We did it, the European Parliament stood firm and it wasn't easy. This directive will change the lives of millions of workers." The Council, which represents the member-states in the EU, finally agreed to the Platform Work Directive last week, on 11 March. All groups in the European Parliament support the platform work regulation apart from the far-right Identity & Democracy, which has 59 MEPs, so endorsement of the Directive by a majority of MEPs is a formality. The ratification vote will be one of the final acts of the Parliament before elections, which take place 6-9 June.
- RIDERS TAKE ACTION IN PORTUGAL DESPITE PLATFORMS' STRIKE-BREAKING TACTICS: Food delivery couriers went on strike in Portugal on Friday [22 March], despite platforms' offering to double the pay of those who didn't strike and encouraging riders to inform on their fellow workers who do choose to take action. The strike was across all three of the main food delivery platforms in the Southern European country, Glovo, Uber Eats and Bolt, and actions took place in several cities. An Instagram account called 'estafetas.em.luta' ('couriers in struggle') was promoting the strike, which took place from 6pm on Friday evening, and posted that Glovo was seeking to intimidate the striking riders, with one message encouraging “partners to report couriers who violate the platforms’ terms and conditions”. 'JN' reports that the three platforms were offering to double the wages of riders who refused to participate in the strike, a move which the organisers described as "undignified", calling for riders to mobilise against "slave labour". The strike comes after riders had taken action on 21 February, shutting deliveries at some of the country's McDonalds' restaurants. As GEP reported last month, Portugal established a legal presumption of employment in the platform economy in May 2023, with 861 reports to the Public Prosecutor's Office since then of bogus self-employment at Uber Eats and Glovo. On 1 February the first court ruling found that an Uber Eats courier was an employee. Read more here.
- COURT REJECTS FLINK FREIBURG RIDERS' COLLECTIVE DISMISSAL CLAIM: Former Flink food delivery riders and 'pickers' in the German city of Freiburg lost their case at the labour court on Wednesday [20 March], having claimed that they were collectively dismissed for seeking to establish a Works' Council. As the Gig Economy Project reported at the time, Flink, a German grocery delivery platform, shut down their Freiburg operations on 13 October last year, just a week after the workers' voted to set-up a Works' Council, which under German labour law gives workers' rights to official representation within a company. The workers were due to elect the members of the Works' Council on 16 October. The company said that the closure of Flink Freiburg was due to its economic performance, despite the fact that workers had been told that Freiburg was one of the few profitable hubs in Germany. The judge decided that it could not be ruled out that economic concerns was the reason for the site's closure, and dismissed the workers' claim of wrongful dismissal made by two of the workers. Responding to the verdict, the Flink Workers' Collective tweeted: "It is almost impossible to imagine that the closure of the Hub (which according to the hub manager was one of the best performing in the country) and the works council election were only coincidentally so close together. But, given that the riders were burdened with proving that the Hub was closed mainly/exclusively to block the works council, it was always going to be difficult to win." Read more here.
- GLOVO RIDERS STRIKE IN POZNAŃ: Glovo food delivery couriers in the Polish city of Poznań took strike action on Thursday and Friday [21 and 22 March], in the latest sign of rider dissatisfaction in the Eastern European country. A rally of couriers and picket lines were held. Glovo riders in the city of Grudziądz struck a week and a half earlier, on 9 March. One of the striking riders in Poznań, Ivan, told 'Zentrale' that the strike began in the city with a core group of 30 but they were "gaining so much momentum that it's even hard for us to keep track of it". Ivan said their main concern was "systematically falling wages", and they had been pushed to take strike action because "Glovo, unfortunately, does not listen to us". Robert Tarnowski from Glovo Poland told Radio Poznań that the company, which is owned by German multi-national Delivery Hero, does not plan to increase the rates it offers for deliveries because of fewer orders in Spring than Winter. The riders say that after costs they earn about 1,800 PLN a month (equivalent of €418), lower than the national minimum wage of 3,221.98 PLN. Read more here.
- WOLT COLLECTIVE AGREEMENT IN FINLAND NEARS COMPLETION: The first-ever collective agreement in Finland's food delivery sector is nearing a conclusion, after the union PAM announced that the self-employment part of the negotiation with Wolt is complete. Wolt, a Finnish-founded food delivery platform now owned by US firm DoorDash, and PAM have been negotiating the collective agreement since December, with both sides agreeing to sign two deals, one for self-employed and another for employed riders. On Tuesday [19 March], PAM announced that: "Especially regarding the agreement for the self-employed, all topics presented by both sides in the negotiations have been addressed." In 2022, the European Union clarified that self-employed workers were entitled to collective bargaining rights. The second employee agreement was "in its initial stages, although the most central issues have also been jointly reviewed," the statement added. PAM, a services union, says it wants food delivery couriers to "have the choice" as to whether be employed or self-employed. Wolt strikes took place in Finland and several other European countries' in early 2023 after the company announced stringent pay cuts, including rolling-out dynamic pricing in many countries. Read more here.
Have we missed something important? You can help keep us informed by sending information to GEP@BraveNewEurope.com. |
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Statement on the step forward for platform workers on March 11, 2024 A statement by participant organisations in the platform workers’ movement in response to the EU Platform Work Directive agreement on 11 March. If your group would like to support this statement, send an e-mail with the organisation, website/social media and country to contacto@ridersxderechos.org. Vous pouvez lire cette déclaration en français ici. Puede leer esta declaración en español aquí.
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- On 4-5 April, a conference at Toulouse University will be held on 'Micro-work, platforms and employment: Multidisciplinary analysis and international and comparative approach', marking the end of the ANR TraPlaNum project. The event will also be available on Zoom (in French). Click here for the full programme and to register.- The European Parliament votes on the Platform Work Directive on 24 April, in Strasbourg, France.
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The Gig Economy Project is a media network for gig workers and we welcome contributions from workers, writers, academics, activists - anyone who wants to stand up for workers' rights in the gig economy.
If you would like to write for the site, discuss arranging an interview with GEP, or simply have information about developments in the gig economy in Europe you think we should be aware of, get in touch.
Contact project co-ordinator Ben Wray at GEP@BraveNewEurope.com or send a direct message to the Twitter: @project_gig.
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