The Evolution of Employment Law in the Gig Economy

Abstract

Purpose: The general objective of the study was to explore the evolution of employment law in the gig economy.

Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.

Findings: The findings reveal that there exists a contextual and methodological gap relating to the evolution of employment law in the gig economy. Preliminary empirical review revealed that traditional employment laws were insufficient for addressing the unique needs of gig workers, who face significant gaps in legal protections and benefits. The rise of gig work exposed flaws in existing legal frameworks, which were designed for permanent, full-time employment and fail to accommodate the flexible and often precarious nature of gig jobs. It was determined that existing laws needed substantial reform to better protect gig workers while maintaining the flexibility that defines gig work, emphasizing the need for updated legal frameworks that reflect the realities of modern employment.

Unique Contribution to Theory, Practice and Policy: The Theory of Precarious Work, Flexicurity Theory and the Labor Market Segmentation Theory may be used to anchor future studies on the evolution of employment law. The study recommended several key reforms to address the shortcomings in the legal framework for gig workers. It suggested developing hybrid employment models that combine traditional benefits with the flexibility of gig work, reforming legal classifications to better fit gig work patterns, and enhancing regulatory frameworks to be more adaptive to technological and market changes. The study also advocated for promoting worker representation, implementing monitoring and evaluation mechanisms to assess the impact of reforms, encouraging international collaboration for harmonized regulations, and launching education and awareness initiatives to inform gig workers and employers about their rights and responsibilities. These recommendations aimed to create a more equitable and effective labor market for gig workers.