The ILO Convention on Platform Labour: A Verdict

On June 12, 2026, the International Labour Organisation (ILO), during its 114th International Labour Conference, adopted the first international standard aimed at protecting digital platform workers. Convention 193, officially named the Decent Work in the Platform Economy Convention, 2026, is the first legally binding international treaty dedicated entirely to regulating the digital platform economy and safeguarding platform workers’ rights.

For over a century, the global framework of labour rights, legal protection, social security, and human dignity has been built on a single foundational premise: the existence of a clear, identifiable employment and social contract between workers and employers. Digital platforms have shattered this framework. By rebranding themselves as “tech intermediaries”, these corporations have retained the operational control of a traditional employer while shedding all accountability, leaving 154 million platform workers adrift.

In recent years, isolated court rulings in the UK and Spain, regulations in California, and India’s state-level social security legislation were emerging state interventions to regulate the platform economy. Recognising that cross-border remote platform work and global digital business models could not be contained by fragmented regional laws and occasional court rulings, the ILO Governing Body formally stepped in to launch a unified, global standard-setting process.

In 2022, a tripartite meeting of experts convened by the ILO ended without formal conclusions. Overcoming fierce employer opposition, the ILO Governing Body in 2023 legally stepped in to place a standard-setting item on the International Labour Conference (ILC) agenda, officially setting a convention drafting timeline.

Between January 2024 and March 2026, four colour-coded reports (white, yellow, brown, and blue) formed the core documentation framework for the two-year double-discussion procedure. The white and yellow reports laid the foundation for the first session discussion in ILC 2025, while the brown and blue reports tracked the subsequent round of text amendments, providing the exact legal clauses for a final vote in ILC 2026.

 

Gained, Lost and Denied

 

Tension was palpable at the opening of the 114th Session of the International Labour Conference (ILC) in June 2026. This stemmed directly from the structural gridlock during the first round of negotiations in ILC 2025, which left behind a highly fractured and unfinished text reviewing, amending, and reaching agreement on approximately 15% of the proposed text.

At stake in ILC 2026 were broader questions about how work will be defined, managed, and protected in economies shaped by platforms, algorithms, and artificial intelligence. The final approval of the text on the night of June 11 was described by those inside the conference hall as an emotional release after two weeks of grinding, adversarial arguments, flashpoints, and breakdowns.

Delegates from global trade unions, civil society groups, and progressive ministries worked to prevent the draft from slipping past the deadline, which would have delayed the adoption of the convention. The grinding paid off. On June 12, 2026, the ILO Decent Work in the Platform Economy Convention (No. 193) was adopted with 406 votes in favour, 8 against, and 36 abstentions.

The finally adopted Convention represents a compromise among governments, trade unions, and employers’ groups. While it affirms groundbreaking structural protections for workers in the platform economy, labour groups had to concede, dilute, compromise, and give up on certain need-based demands to corporate business models backed by corporate-aligned governments.

To see what platform workers have gained, lost, or were denied, I would like to share a critical analysis of the Convention article by article and my verdicts.

 

Definitions (Art.1) and Scope (Art.2)

Verdict: Win for Workers

Article 1

  • For the purpose of this Convention:
    • (a) the term “digital labour platform” means a legal person or, where applicable under national law, natural person that, through digital technologies, using automated decision-making systems:
      • (i) organizes and/or facilitates work performed by persons for remuneration or payment, for the provision of service, upon request of the recipient or requestor;
      • (ii) regardless of whether that work is performed online or in a specific geographic location;
    • (b) the term “digital platform worker” means a person employed or engaged to work:
      • (i) for the provision of service organized and/or facilitated by a digital labour platform;
      • (ii) for remuneration or payment;
      • (iii) regardless of their classification of status in employment;
    • (c) the term “intermediary” means a legal person or, where applicable under national law, natural person that makes available the work of a digital platform worker:
      • (i) through contractual relationships with the digital labour platform and with the digital platform worker; or
      • (ii) as part of a subcontracting chain between the digital labour platform and the digital platform worker;
    • (d) the terms “remuneration” or “payment” mean the amount due under national laws and regulations, collective agreements or contractual obligations, to a digital platform worker, according to their classification of status in employment, in exchange for the work performed. Remuneration does not include any compensation for expenses or other costs incurred by digital platform workers in carrying out their work.

 

Article 2

  • 1. The Convention shall apply to:
    • (a) all digital labour platforms;
    • (b) all digital platform workers, unless otherwise specified in this Convention, whether they are in the formal or informal economy.
  • 2. Where special problems of a substantial nature arise, each Member may, after consulting with representative organizations of employers and workers and, where they exist, with organizations representing digital labour platforms and digital platform workers, exclude from the application of all or part of the Convention:
    • (a) limited categories of digital labour platforms; or
    • (b) limited categories of digital platform workers.
  • 3. In case of exclusions under paragraph 2 of this Article, and where practicable, the Member shall take measures to extend progressively the application of the Convention to the categories of digital labour platforms and digital platform workers concerned.
  • 4. Each Member which avails itself of the possibility of exclusion under paragraph 2 of this Article shall, in its first report on the application of the Convention under article 22 of the Constitution of the International Labour Organization:
    • (a) indicate the limited categories of digital labour platforms or of digital platform workers excluded under paragraph 2 of this Article;
    • (b) give the reasons for such exclusions and the position of its law and practice in respect of the categories excluded, stating the respective positions of the organizations referred to in paragraph 2 of this Article.
  • 5. In its subsequent reports on the application of the Convention under article 22 of the Constitution, the Member shall specify any measures that may have been taken with a view to extending the application of the Convention to the categories of digital labour platforms or digital platform workers concerned.

 

The Convention’s scope is broad, applying to all platform workers, both location-based and online, in the formal and informal economies. Crucially, by anchoring coverage in the reality that an app “directs or manages” a worker, this provision dismantles the common “tech intermediary” defence. This is a decisive victory for labour advocates, as it provides a clear legal basis for future litigation and enforcement against platforms that attempt to evade employment status through the semantic manipulation of language.

 

Fundamental Principles and Rights at Work (FPRW) – (Art. 3)

Verdict: Win for Workers

Article 3

  • Each Member shall take measures to respect, promote and realize, in the platform economy, the fundamental principles and rights at work, namely:
    • (a) freedom of association and the effective recognition of the right to collective bargaining;
    • (b) the elimination of all forms of forced or compulsory labour;
    • (c) the effective abolition of child labour;
    • (d) the elimination of discrimination in respect of employment and occupation;
    • (e) a safe and healthy working environment.

 

Member states must now ensure that these fundamental rights are effectively exercised. Explicitly listing all five principles, despite employer resistance, significantly strengthens the position of platform workers worldwide.

 

Occupational safety and health (Art.4 & Art. 5)

Verdict: Mixed Result for Workers

Article 4

  • 1. Each Member shall take appropriate measures for the prevention of occupational accidents, occupational diseases and any other injuries to digital platform workers’ health arising out of, linked with or occurring in the course of their work.
  • 2. In taking the measures under paragraph 1 of this Article, each Member shall specify the respective functions and responsibilities of public authorities, digital labour platforms, digital platform workers and other relevant actors, taking account of:
    • (a) the complementary character of such responsibilities;
    • (b) national conditions and practice and the classification of digital platform workers’ status in employment;
    • (c) the need to assess occupational risks and take adequate preventive and protective actions.

 

Article 5

  • Each Member shall take appropriate measures to ensure that digital platform workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, without suffering undue consequences, and that they shall inform the digital labour platform without delay.

 

Platform workers, regardless of their employment status, are entitled to essential OSH protections. Retaining the “complementary character of responsibilities” keeps all workers within scope, which is beneficial. But it weakens a stricter no-fault approach by implying some worker responsibility. Thus, it is a mixed result for the workers. Additionally, the right to remove oneself from dangerous situations (Art.5) serves as an important safeguard for worker safety.

 

Violence and harassment (Art.6)

Verdict: Win for Workers

 

Article 6

  • Each Member shall take appropriate measures to effectively protect all digital platform workers against violence and harassment in the world of work, including violence and harassment perpetrated online or involving third parties such as clients and customers.

 

The violence and harassment provision was upheld effectively, including protection against online perpetrators and third parties, such as clients and customers. Some employers argued that platforms cannot control the environments in which location-based workers interact with clients or the public. However, labour groups, supported by governments, rejected this argument.

Consequently, this is a positive outcome as the original provisions were retained. For women platform workers, codifying protection against violence and harassment specifically within the platform treaty extends the principles of ILO Convention No. 190 (the core Violence and Harassment Convention) directly into the platform economy.

 

Formalisation of work/registration of self-employed workers (Art.7, Art.8)

Verdict: Win for Workers

 

Article 7

  • Each Member shall pursue, in their national policies and according to national circumstances, measures to promote the creation of decent work opportunities and to encourage career and skills development in the platform economy.

 

Article 8

  • Each Member shall take appropriate measures to facilitate formalization of work via digital labour platforms, including registration of self-employed workers.

 

The inclusion of self-employed workers’ registration under the formalisation article is beneficial. Concerns about potential “business registration” implications seem to have dissipated once that language was removed. Registration could be useful for worker databases and social security access. Overall, this change was a net gain for workers.

 

Classification of digital platform workers’ status in employment (Art.9)

Verdict: Loss for Workers

Article 9

  • Each Member shall take appropriate measures to ensure the correct classification of digital platform workers in respect of the existence or non-existence of an employment relationship, guided mainly by the facts relating to the performance of work, the remuneration or payment of the digital platform worker, among other elements, and considering the specificities of work via digital labour platforms.

 

The discussion in this article highlights the most intense standoff between the Employers’ Group and the Workers’ Group regarding how to address misclassification. Employers strongly opposed rigid, prescriptive mandates that would automatically categorise independent contractors as employees, arguing that such measures would undermine the platform business model. Ultimately, they prevailed in the final version.

The classification provision was diluted by employer-driven changes: “guided primarily by the facts” was weakened to “guided mainly by the facts” and supplemented with “among other elements.” The worker groups contended that this would reduce clarity.

Additionally, it is uncertain, but “among other elements” could also pertain to, for example, the subscription model of business in ride-hailing, which is prevalent in India and some other countries. Using the “among other elements” clause, platforms can deny the existence of employment relationships for platform workers under this business model.

Much will also depend on how national laws interpret this article regarding the classification of employment status. Overall, employers succeeded in maintaining the opacity of workers’ classification status, which is a setback for workers.

 

Remuneration or payment (Art.10)

Verdict: Loss for Workers

Article 10

    • 1. Each Member shall take measures to ensure that the remuneration or payment which is due to digital platform workers under national laws and regulations, collective agreements or contractual obligations is paid in a timely manner, in full, subject to lawful deductions, to the extent authorized by national laws and regulations or collective agreements, and by lawful means of payment, including electronic transfer where permitted under national laws and regulations.
    • 2. Each Member shall also take measures to ensure that digital platform workers in an employment relationship:
      • (a) receive remuneration, the amount of which, excluding any tips or other gratuities, is in no case lower than the applicable statutory or negotiated minimum wage, if any;
      • (b) are compensated, according to national law and practice, for expenses or other costs incurred in the performance of their work.
    • 3. Each Member shall give consideration to whether the measures adopted notably under paragraph 2(a) of this Article shall be provided to digital platform workers who are not in an employment relationship.

 

While the removal of “in kind” payments is positive, the article represents a significant setback. The retention of the “in an employment relationship” qualifier maintains divisions among workers. The wage floor was reduced from an “adequate” standard to the minimum wage. The extension clause for the self-employed or those “not in an employment relationship” was weakened from a mandate to recommendations. It states that governments “should consider” extending minimum wage frameworks to them, leaving millions of legitimate freelance crowdworkers vulnerable to sub-minimum piece rates. Overall, this was a significant loss for the workers.

 

Information on remuneration (Art.11)

Verdict: Loss for Workers

Article 11

  • Each Member shall take appropriate measures to require digital labour platforms to provide in a timely manner digital platform workers with accurate and easily understandable information on their remuneration or payment and any deductions made.

 

The change from remuneration information being provided at “regular intervals” to being provided in a “timely manner” weakens the language, as it could permit one-off disclosures instead of an ongoing obligation to disclose. Once again, a diluted clause resulted in a loss for the workers.

 

Social Security (Art.12)

Verdict: Loss for Workers

Article 12

  • Each Member shall take measures to ensure that digital platform workers have access to social security protection on terms no less favourable than those applicable to other workers with the same classification of status in employment.

 

The social security article remains unchanged but is structurally weak. It signifies a major retreat from the ideal of universal social protection, which workers’ groups have repeatedly advocated for, in line with ILO Recommendation No. 202 (Social Protection Floors), which champions universal coverage for everyone, regardless of contract type.

The structural weakness of the clause leaves a significant loophole intact and offers incentives for platforms to continue misclassifying workers. This was likely the political price paid by the workers’ group to secure the passage of the convention.

 

Impact of automated systems use (Art.13, Art. 14 & Art. 15)

Verdict: Win for Workers

Article 13

  • Each Member shall require digital labour platforms to inform digital platform workers, before their employment or engagement, and their representatives or representative workers’ organizations and, where they exist, organizations representing digital platform workers, about:
    • (a) the use of automated systems, based on algorithms or on similar methods, to monitor or evaluate work, or to generate decisions relating to work;
    • (b) the extent to which the use of such automated systems has an impact on the working conditions of digital platform workers or their access to work.

 

Disclosure obligations for automated systems remain largely unchanged. This article is still relevant because it requires platforms to inform workers about the use and impact of automated systems, which is generally positive for workers.

 

Automation & Fundamental Principles and Rights at Work (Art. 14)

Verdict: Loss for Workers

Article 14

  • Each Member shall take appropriate measures to ensure responsible use of automated systems by digital labour platforms as defined in Article 1(a), as consistent with Member States’ obligations to respect, promote and realize the fundamental principles and rights at work.

 

This provision has been weakened because the original direct obligation on platforms not to infringe on freedom of association and related rights was converted into a member-state obligation to ensure responsible use. This shift is understood as moving responsibility away from platforms and onto governments, thereby clearly diluting and weakening the clause.

 

Automated decision-making review, human-in-the-loop (Art. 15)

Verdict: Loss for Workers

Article 15

    • 1. Where decisions are generated by an automated decision-making system, each Member shall take appropriate measures to require digital labour platforms to ensure that digital platform workers have access, on request, and without unreasonable delay, taking into account the classification of status in employment, to:
      • (a) a written explanation for significant decisions that adversely impact their working arrangements and access to work;
      • (b) a review of decisions, as appropriate, that result in the non-disbursement of any amount due to digital platform workers, or the suspension or deactivation of their account, or the termination of their employment or engagement with a digital labour platform.
    • 2. In giving effect to paragraph 1, each Member shall ensure that digital labour platforms have appropriate human involvement.

 

The review mechanism for automated decisions has been weakened because states are now only required to take appropriate measures to require platform action, rather than being directly bound to the platforms. The removal of representatives and worker organisations also turns the issue into an individual rather than a collective right issue. The scope of decisions covered was narrowed, and the human review requirement was replaced with vague “human involvement.” Overall, the weakened article is a loss for the workers.

 

Protection of digital platform workers personal data & privacy (Art. 16)

Verdict: Win for Workers

Article 16

    • 1. Each Member shall establish effective and appropriate safeguards concerning digital platform workers’ personal data and ensure that it is processed for the legitimate purpose for which it is collected, and not further processed in a manner that is incompatible with the rights and protections set out in this Convention.
    • 2. Each Member shall ensure that digital platform workers have the right to request access to, and the rectification and erasure of, their personal data processed by digital labour platforms, subject to applicable data retention laws.

 

The personal data/privacy aspect was not considered a regression and may have modestly improved owing to stronger legitimacy language and issues related to access and rectification rights.

 

Suspension or deactivation of account and termination of employment or engagement (Art. 17)

Verdict: Win for Workers

Article 17

  • Each Member shall take appropriate measures to prohibit the suspension or deactivation of a digital platform worker’s account, or the termination of their employment or engagement with a digital labour platform, when it is based on discriminatory or otherwise unlawful grounds.

 

Article 17 stipulates that it is the platform’s responsibility to justify its actions regarding the suspension or deactivation of an account or the termination of the employment of a platform worker. Lawful activities, such as organising, demanding transparent pay, or raising safety concerns, cannot be grounds for retaliation by platforms. This is a good outcome.

 

Terms and conditions of employment or engagement (Art. 18)

Verdict: Mixed Result for Workers

Article 18

  • Each Member shall, in accordance with national law and practice, take measures to ensure that digital platform workers receive timely, verifiable and easily understandable information on the terms and conditions of their employment or engagement.

 

The positive aspect of this article is that platforms can no longer conceal predatory clauses within 50-page, legally dense “Terms of Service” documents. Contracts must be presented in an accessible and easily understandable format. However, one loophole remains: the clause does not prevent platforms from altering these terms at will. This is something they do today and will continue to do in the future. The phrase “in accordance with national law and practice” also leaves room for manipulation.

 

Governing law (Art. 19)

Verdict: Loss for Workers

Article 19

  • The terms and conditions of employment or engagement of digital platform workers shall preferably be governed by the laws and regulations of the country where the work is performed, unless otherwise provided for in national laws and regulations, international instruments or multilateral or bilateral agreements, taking into account the contractual arrangements.

 

This article presents a potential setback for workers. The shift from work being governed by the law of the country where it is performed to work being “preferably” governed there, along with a reference to contractual arrangements, opens the door for platform contracts to override local legal protections. This loophole is susceptible to manipulation by platforms, resulting in a loss for the workers.

 

Protection of Migrants and Refugees (Art. 20)

Verdict: Win for Workers

Article 20

  • Each Member shall take measures to prevent abuses of, and provide adequate protection to, migrants and refugees in the course of their recruitment or engagement and their work as digital platform workers.

 

Protections for migrants and refugees remain unchanged, which is an unexpectedly positive outcome, given the level of opposition from some countries.

 

Dispute resolution and remedies (Art. 21)

Verdict: Mixed Result for Workers

Article 21

  • Each Member shall take measures to ensure that digital platform workers and digital labour platforms have easy access to safe, fair and effective dispute resolution mechanisms and to appropriate and effective remedies.

 

The dispute resolution provision remains largely unchanged, including the continued reference to digital labour platforms, which workers want to be removed.

 

Compliance and enforcement (Art. 22)

Verdict: Mixed Result for Workers

Article 22

  • Each Member shall take measures so that mechanisms are in place for ensuring compliance with and enforcement of relevant national laws and regulations and collective agreements.

 

The compliance and enforcement article remained unchanged.

 

No less favourable treatment (Art. 23)

Verdict: Loss for Workers

Article 23

  • Each Member shall, in implementing the Convention, take measures to ensure that digital platform workers enjoy protection no less favourable than that enjoyed by other workers with the same classification of status in employment.

 

This article is another instance in which the convention reinforces worker divisions by retaining the “same classification of status in employment” language that workers had hoped to remove. It results in a negative outcome and, consequently, a loss for the workers.

 

Implementation (Art. 24)

Verdict: Loss for Workers

Article 24

    • 1. Each Member shall implement the provisions of the Convention in consultation with the most representative organizations of employers and workers through laws and regulations, collective agreements, court decisions, a combination of these means, or in any other manner consistent with national practice.
    • 2. Each Member shall implement the provisions of the Convention in relation to digital labour platforms and intermediaries operating, and digital platform workers working, in its territory.
    • 3. Where the use of intermediaries is permitted, Members shall determine and allocate the respective responsibilities of digital labour platforms and intermediaries to ensure compliance with the provisions of the Convention.
    • 4. In implementing this Convention, each Member shall take appropriate measures to protect commercially sensitive information of digital labour platforms.

 

The implementation article is a net loss because it omitted references to genuine grassroots-level organisations, such as the International Alliance of App-based Transport Workers (IAATW), Women in Informal Employment: Globalising and Organising (WIEGO), and International Domestic Workers Federation (IDWF), which represent digital platform workers, and reverted to standard employer-worker consultation structures.

This favours mainstream unions and excludes genuine gig and platform worker organisations. The failure to secure stronger intermediary liability language, along with the addition of protection for commercially sensitive platform information, reinforces this negative assessment. This is a loss for the workers.

It is worth mentioning that negotiations on the Convention document became so prolonged and drawn out that the accompanying Recommendation was not discussed or adopted. It was resolved that the Recommendation would be brought back to the discussion table for adoption in the next 2–3 years. This leaves the implementation framework highly ambiguous, forcing unions to fight for specific, practical rules entirely at the national level.

 

What Happens Next?

 

With the Convention adopted, the spotlight now shifts from the negotiating tables of Geneva to the legislative halls of each country. The real challenge is no longer global consensus but local enforcement of such policies. The adoption of the Convention will not fundamentally change the platform work landscape overnight, however. The focus now shifts entirely from the international arena to the national-level ratification of the convention. Ratifying countries must get their parliaments to turn the Convention’s text into national law.

Meanwhile, for the platform workers on the ground in Jakarta, Mumbai, Nairobi, São Paulo, or anywhere in the world, things will not change overnight. The next round of struggle for workers is to stay organised in a union and campaign hard to push their governments to ratify Convention 193 and frame national laws to protect the rights of these workers.

Moving from Geneva to the national level is a battle, not an automatic process. Without sustained, organised pressure from local unions to transpose Convention 193 into national law, this framework risks becoming a “paper tiger”—formally adopted but practically toothless. The true work of securing worker rights is only just beginning.

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Sangam Tripathy is a labour rights activist with over four decades of expertise in labour organizing, trade union education, and advocacy. He presently serves as the National Advisor for the Indian Federation of App-based Transport Workers (IFAT), which represents 13 organisations of cab drivers and delivery riders across 10 states in India with a combined membership of over 30,000.