Constitutional Review of Platform Workers’ Labor Rights

Platform work has emerged and spread due to fundamental changes in the economy and labor environment and the avoidance of direct employment. Platform work refers to “paid labor provided through a digital platform that brokers work to an unspecified number of people and coordinates the labor provision process through algorithms,” and its types include local-based and web-based. The right to work, a fundamental right under the Constitution, is embodied in individual labor relations laws, including the Labor Standards Act, and the recognition of worker status under the Labor Standards Act is the gateway to exercising the right to work in practice. However, platform workers were not envisioned when the Constitution stipulated the right to work and the Labor Standards Act was enacted, and it is not easy for them to be recognized as employees under the Labor Standards Act based on the current Labor Standards Act and case law. Platform workers are essentially the same as traditional employees in that they earn their livelihood through paid labor, and therefore need constitutional protection. However, there are a number of other aspects that distinguish platform workers from traditional employees that need to be considered. The spectrum of platform workers is very diverse, and it may be appropriate to vary the approach according to the degree of dependency. Platform workers with strong dependency, which is a marker of traditional workers, should be recognized as employees under the Labor Standards Act, while platform workers with weaker dependency should be categorized as a third type. However, it is not appropriate to include them in the category of ‘persons in special types of employment’, which require full-time and permanent status and are gradually being replaced by the concept of labor providers. Regardless of their legal status, platform workers should be guaranteed minimum universal rights as workers.