Are we leaving our gig workers behind?

Every day, we see them—the ride-sharing driver, whose friendly greetings begin our journey across town. The young food delivery person in a brightly coloured jacket with a delivery bag weaves through the monsoon-drenched streets to serve our food. The freelancer's laptop glows in a small corner of a café late at night with the help of a coffee. They are the driving forces behind our new, convenient digital Bangladesh. When we tap a screen, our world moves.

The gig economy is more than just a buzzword; it is a lifeline for millions of people. It provides a desirable assurance, such as the freedom to be your boss, set your hours, and earn money on your terms.

This flexibility is a powerful engine for employment for a nation with a vast, young, and ambitious population. Platforms like many ride-sharing, food delivery and freelance work are now a fundamental part of our urban life and digital world. However, an analysis of our country's laws reveals an ever-widening gap between this 21st-century workforce and the 20th-century standards introduced to protect them. Are we so focused on the comfort of this new economy that we are overlooking its shaky foundation?

The 'Independent Contractor' trap: The heart of the issue lies in a single, influential label, "independent contractor." It sounds liberating, but in reality, it is a trapdoor.

By classifying workers this way, digital platforms position them outside the protection of our most crucial labour law, the Bangladesh Labour Act, 2006.

This Act was written for a world of factories and offices; it was for fixed employers and employees. It simply doesn't know what to do with a worker whose boss is an algorithm.

This is more than just a legal issue; it has profound human consequences. It involves no minimum wage, no sick pay, no protection if you are unfairly terminated from the platform, and no safety net if you are injured on the job. The platform takes its cut, the consumer receives their service, and the worker bears all of the risk. Is this the future of work we are looking for?

Consider the motorcycle rider who breaks his leg in an accident while delivering food during heavy rain. Under current law, he has no workers' compensation, no disability benefits, and often no health insurance coverage. He might lose his bike payments, his apartment rent, and his family's financial stability. Meanwhile, the platform continues operating, and customers keep ordering, but the human cost remains invisible in quarterly earnings reports.

Bangladesh is not the only country with this legal void. Countries around the world are debating how to govern the gig economy. Jurisdictions like the European Union and certain states in the United States have introduced concepts such as 'dependent contractors.'

It is a hybrid category that recognises some labour protections while maintaining a degree of flexibility. The International LabourOrganisation recognises the obstacles of gig workers and is working actively to protect their rights.

A growing number of workers are denied fundamental labour protections due to their classification as independent contractors or self-employed individuals.

Pathway to a fairer future: We cannot, and should not, turn back the clock. The gig economy is here to stay. The real task is to make it fair and humane.

The path forward is not about destroying the model but about filling it with a sense of justice.

First, we need to create a middle ground in our laws. The black-and-white choice between 'employee' and 'contractor' is outdated.

Let us introduce a third category, a 'dependent contractor.' This would acknowledge the reality of the situation; these workers are not entirely free.

They are economically dependent on the platforms that set their rates, track their performance, and dictate their work. This new status would unlock fundamental rights like fair pay, transparency in how they are rated and paid, and a real process for appealing a deactivation.

Think about it practically: when a platform can deactivate a driver without explanation or appeal, how is that different from firing an employee? When algorithms determine work availability and earnings potential, where is the independence that justifies contractor status?

Second, let's think creatively about social security. A traditional provident fund will not work when your job changes daily. Why not create a Portable Benefits System?

Imagine a small slice from every ride fare or delivery fee going into a personal, government-managed account for that worker. This fund could cover health emergencies, accidents, or even build towards a small pension. It is a modern solution for a contemporary problem, which provides a safety net that follows the person, not the company.

This system could start small, perhaps with just two to three per cent of each transaction value. Over time, as thousands of rides and deliveries accumulate, workers would build meaningful financial security. The beauty lies in its portability-whether someone drives for one platform or three, delivers food or provides services, their benefits grow consistently.

Ultimately, this is not just a legal debate; it is about the soul of our nation, as passed in our Constitution. Article 14 of our Constitution commands the country to free its people from "all forms of exploitation."

Does that promise not apply to a system where all the power is on one side?

Article 15 commits the state to providing "social security." Does that commitment not extend to the very people powering our digital growth?

The glow of smartphone screens lights up the new Bangladeshi economy. It's a story of progress and potential.

But we have a choice to make. We should either write a better chapter in which human dignity and innovation coexist, or we will allow it to become a tale of insecurity and exploitation. It is time for our leaders, lawmakers, as well as the platforms themselves, to come to the table and create a framework that will protect those who make it all possible. Let's build a future in which everyone gets a fair deal.

The writer studies at Department of Law, American International University-Bangladesh (AIUB). silvealam645@gmail.com