“ILO ‘플랫폼노동 협약’ 국내 적용하려면 ‘일사람기본법’ 제정·법령 정비 병행해야”

The International Labour Organization (ILO) adopted the 'Convention on Decent Work for Platform Economy Workers' (Convention 193) in June, broadening rights for gig workers and platform laborers. To apply the convention domestically, experts suggest revising the 'Basic Law on Workers' Rights' and individual labor laws concurrently.

The Ministry of Employment and Labor held a discussion on June 18, focusing on the ILO convention's significance and future challenges, with the aim of protecting all 'persons engaged in work' regardless of employment status. The ILO's adoption of the convention received 406 votes in favor, 8 against, and 36 abstentions. The convention protects platform workers' freedom of association, collective bargaining rights, prohibition of forced labor, non-discrimination in employment, safety and health in the workplace, and protection against violence and harassment, as well as the review of minimum wages, and management of algorithms and personal data protection.

However, some limitations exist, as the convention lacks detailed regulations on aspects such as 'waiting time' for platform workers and minimum wage, and applies minimum wage and cost reduction only within the employment relationship. Professor Park Gyu-cheon from Ewha Womans University Law School noted that while the Basic Law on Workers' Rights could be proposed, additional labor laws would be needed to address areas requiring regulation, such as providing industrial accident prevention measures and guaranteeing the right to leave a platform in cases of life or health risks.

The convention also calls for the inclusion of platform workers in the scope of the Occupational Safety and Health Act and the need for revisions to laws like the Minimum Wage Act to protect against underpayment.