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+--- Thread: Gig economy worker protections (/showthread.php?tid=1564)
Gig economy worker protections - king1 - 24-09-2022
so I was reading this article
https://www.rnz.co.nz/news/national/475374/strippers-paying-thousands-in-fines-bonds-to-be-able-to-perform-i-was-now-losing-money
and it got me thinking about the significant gap in NZ legal protections for gig workers and independent contractors. I'm not sure if there is any legal mechanisms regarding volunteers
anyway, from the article
Quote:Sex workers say they are having to "pay to work" as strip clubs all over New Zealand ask for bonds and deduct fines from their wages.
Engaged into strip clubs as contractors instead of employees, the performers say they are missing out on the protection of the law.
Through sometimes hand-written contracts, clubs were taking thousand-dollar bonds and fining dancers hundreds for things like taking sick leave or turning up for work late.
I imagine there are many industries where this is becoming an issue, uber (eats), possibly even the 'franchise' courier drivers who really have no say or control over there business. You could probably include the ladies at Gloriavale in this category as well.
Essentially, they are not an employee, falling under the protection of the employment relations act
They are not truly self employed where you control your own business and make your own financial decisions etc
They fall in between, the organisations making use of 'independent contractors' are doing it solely to avoid the obligations of being an employer.
I feel like NZ needs another bit of legislation to protect these 'independent contractors' that are essentially employees in all but name only.
It would probably be called something like "Independent Contractor and Gig economy worker Protections Act" and would have some of these elements
- Bonds and deductions not allowed period - no need for them. If the business wants the benefits afforded of not having employees they must still treat the contractor as a worker, knowing that deductions will affect workers livelihoods. So sanctions should simply involve not using this contractor again or stand down periods, or simply not paying them for the time. This should equalize the balance of power...
- Stipulations of what can and can't be included in the contracts
- Stipulations of whois an independent contractor and the distinction between self employed, employees, volunteers
- Organisations should be required to obtain consent annually from people who are volunteers and if not given they default by law to being an independent contractor
RE: Gig economy worker protections - Lilith7 - 24-09-2022
That's a similar situation to courier drivers. Perhaps several strippers might have to work together & open their own club.
Basically those people in this situation are being exploited by the employers. Despite the claim that they're independent contractors, the reality is that they're employees, & I agree that legislation is sorely needed to prevent greeders from continuing to exploit workers in this way.