Digital platform workers and the conundrum of the definition of an ‘employee’ in the era of the Fourth Industrial Revolution

• Citation: (2023) 35 SA Merc LJ 1
• DOI: https://doi.org/10.47348/SAMLJ/v35/i1a1
• Published date: 27 February 2024
• Pages: 1-26
• Author: Ncamane, N.
• Date: 27 February 2024

Articles

DIGITAL PLATFORM WORKERS AND THE

CONUNDRUM OF THE DEFINITION OF AN

‘EMPLOYEE’ IN THE ERA OF THE FOURTH

INDUSTRIAL REVOLUTION

NTANDO NCAMANE*

Lecturer, Mercantile Law Department, University of the Free State

Abstract

There have been many levels of digital transformation from the First,

Second and Third Industrial Revolutions. The most advanced level of

technology, known as the Fourth Industrial Revolution (4IR), is

currently being encountered. The 4IR introduces technologies such as

artificial intelligence, big data, robotics, etc. These 4IR trans-

formational technologies also brought the emergence of the gig

economy, which enjoyed enhancement by technologies of the 4IR such

as big data, that improved the lives of both digital platform workers

and consumers worldwide. The gig economy relies on two key role

players, namely the consumer, and the digital platform worker. This is

evident as there is outsourcing of work done through Internet-based

platforms such as Uber Eats, Mr Delivery, Bolt and Airbnb. The

Covid-19 outbreak significantly impacted the growth of the digital

economy and increased the number of digital platform workers.

However, digital platform workers are not protected by labour and

social security laws in South Africa. This is because these workers do

not qualify to be regarded as ‘employees’ within the labour law

framework. For example, s 213 of the Labour Relations Act of 1995

and s 1 of the Basic Conditions of Employment Act of 1997 provide for

a definition of an employee to the exclusion of independent contractors

and, unfortunately, digital platform workers are categorised as

independent contractors.

1

This article notes that this exclusionary

definition does not accord with the intent and purposes of

* LLB, LLM (UFH)

1https://doi.org/10.47348/SAMLJ/v35/i1a1

(2023) 35 SA Merc LJ 1

© Juta and Company (Pty) Ltd

s 23 of the Constitution of the Republic of South Africa, 1996. The

article further notes that the limited definition of an employee exposes

digital platform workers to challenges such as unfair labour practices

and unconducive working conditions, which are also unsafe and

unhealthy sometimes. Owing to digital platform workers not being

regarded as employees, they also do not enjoy social protection and can

therefore not receive social security benefits such as unemployment

benefits when they lose their jobs. As it stands, digital platform workers

are independent contractors. The introduction of 4IR and the

Covid-19 outbreak have made the world dependent on the gig

economy and therefore this article argues that this frequent use of the

gig economy necessitates the extension of the definition of ‘employee’ to

include digital platform workers. This will ensure a definition that

encapsulates the changing times in the workplace as a result of

technology.

Keywords: 4IR, digital platform workers, employee, Fourth Industrial

Revolution, social security law, labour law

I INTRODUCTION

The global trend of moving away from the traditional way of doing

things to an era of digitisation has become a reality, particularly in the

Fourth Industrial Revolution (4IR) era. The 4IR is unique and distinct

from the previous levels of industrial revolutions as it is known to move

at a higher pace and it disrupts every industry.

2

Njotini terms 4IR

technologies as disruptive technologies because of the huge inf‌luence

they bring in society, with a focus on intelligent and communicative

systems.

3

The 4IR builds on the Third Industrial Revolution, accelerates

digitisation, and brings with it signif‌icant components such as big data,

robotics, the Internet, and artif‌icial intelligence.

4

The rapid industriali-

sation of technology has changed how things are done and how people

live their lives. These technologies have given birth to the gig economy.

A gig economy is categorised as a labour market with short-term

1

Section 213 of the Labour Relations Act 66 of 1995 (LRA).

2

Xu, David & Kim, ‘The fourth industrial revolution: Opportunities and challenges’

(2018) International Journal of Financial Research 90.

3

Njotini, ‘Disruptive technologies and the future of regulations — ICT regulatory

structure(s) determined’ (2021) De Jure 174.

4

Guoping, Yun & Aizhi, ‘Fourth industrial revolution: Technological drivers, impacts and

coping methods’ (2017) Chinese Geographical Science 627.

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(2023) 35 SA MERC LJ2

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