ABSTRACT

Title : GIG ECONOMY VIS-À-VIS PHILIPPINE LABOR LAWS: A

STUDY ON THE NECESSITY TO ADOPT GUIDELINES TO

IMPROVE LABOR RIGHTS & SOCIAL PROTECTION FOR

WEB-BASED DIGITAL LABOR PLATFORM WORKERS IN THE

PHILIPPINES

Author : Louise Nicole R. Alcoba

Degree : Juris Doctor

Year : 2021-2022

Adviser : Judge Maricel Magpantay-Ng

The digital age caused the emergence the gig economy and new kinds of

workers known as web-based digital labor platform workers. This emerging type of

workers is generally considered as independent contractors, freelancers or self-

employed workers and there is no existing in-depth literature classifying them and

providing them rights under the Philippine Labor laws. In view of this, the present

study made use of empirical data gathered through survey form questionnaires and

interviews to determine their classification in relation to the four-fold test. Provisions

of law and directives of different jurisdictions such as Pakistan, Italy, Spain, United

Kingdom, European Union and International Labor Organization were analyzed to

define the current treatment of the said workers. And, finally the rights sought by

web-based digital labor platform workers based on the data gathered were
presented alongside rights available in other jurisdictions to determine which rights

may be provided to them under the Philippine jurisdiction. By Results of the study

showed that web-based digital labor platform workers are not employees under the

context of the four-fold test because control is exerted only over the time of work and

the work-diary requirement and not to the full extent of the means and methods of

work. In other jurisdictions mentioned, they are either presumed to be employees,

considered as a third category or not classified but provided with certain labor rights.

The study also showed that right to social protection, right against discrimination,

right to remuneration, right to minimum wage, right to dispute resolution and

technological assistance must be afforded to the web-based digital labor platform

workers. As an output, the study provided a proposed law containing the

classification and the rights of web-based digital labor platform workers.