Abstract
The emergence of the gig economy has transformed the traditional nature of work, reshaping the
dynamics of relationships between parties involved and contributing to a reduction in
unemployment rates. The gig economy introduces flexibility in how work is performed, allowing
individuals discretion in conducting tasks with limited oversight from the platforms for which they
provide services. However, this very flexibility often exposes workers to unfair labour practices.
Despite its benefits, the gig economy also presents significant labour and social challenges. A key
issue is the classification of gig workers as self-employed, freelancers, or independent contractors.
This categorization excludes them from traditional labour and social security protections such as
unemployment insurance, paid leave, the right to unionise and bargain collectively, and other
fundamental benefits.
In South Africa, the gig economy remains unregulated, leading to the infringement of gig workers’
constitutional rights, as they lack effective recourse when subjected to unfair labour practices.
Historically, trade unions have played a crucial role in remedying injustices within the employment
sector. Extending voice and representation to gig workers is therefore an urgent necessity.
This study contributes to the ongoing discourse on the continued lack of regulation in the gig
economy and underscores the pressing need for legislation specifically tailored to this sector. Such
legislation should require gig companies to establish physical offices in the cities where they
operate, ensuring that workers have a party against whom to collectively bargain. Furthermore, it
highlights how the creation of trade unions specifically designed for gig workers would enhance
worker representation and promote balanced bargaining power between platforms and workers.