{"content_id":"87zq0oswxs","slug":"ilo-convention-193-aviles-declaration-platform-work-rules","locale":"en","schema_type":"Article","category":"knowledge_base","category_name":"Knowledge Base","title":"The Shift in International Rules on Platform Work: ILO Convention No. 193 and the Avilés Declaration","summary":"ILO Convention No. 193 is an international labor convention dedicated to platform work, while the Avilés Declaration is a regional policy commitment adopted by Spain and Latin American countries. Both documents strengthen principles on employment status, pay, occupational safety, social security, personal data, and algorithmic management, but differ in their legal effect and methods of domestic implementation.","sponsorship_disclosure":null,"author":{"name":"Injoys Editorial Team","url":"https://injoys.com/ko/about"},"key_points":["ILO Convention No. 193 is a convention that creates obligations under international law for ratifying countries, whereas the Avilés Declaration is a political and policy agreement that is not subject to ratification.","Even if a platform labels a worker as an independent contractor in a contract, employment status should be determined based on actual direction and control and how the work is performed.","Algorithmic decisions that affect livelihoods, such as automated job allocation, ratings, pay calculation, and account suspension, require disclosure of information, human oversight, and an appeals process.","The adoption of the convention alone does not immediately grant the same rights to platform workers in every country; ratification, reform of domestic laws, and administrative enforcement must follow.","The Avilés Declaration links platform regulation with informal employment, care work, the social economy, and AI policy in the labor sector."],"content_markdown":"Platform-based delivery riders, drivers, domestic and care service providers, freelancers, and online workers receive work through platforms and are controlled not only by their contractual counterparties but also by automated dispatch and evaluation systems. However, existing labor laws were designed around workplaces and traditional employer-employee relationships, and often failed to clearly define who is responsible for platform work and the scope of workers’ rights.\n\nConvention No. 193, adopted by the International Labour Organization (ILO) on June 12, 2026, is the first international labor convention dedicated to addressing this gap in the platform economy. The Avilés Declaration on Labour, adopted on July 2 of the same year, is a regional policy agreement under which Spain and Latin American countries will jointly address platform work, artificial intelligence in the field of labor, care, and the social and solidarity economy.\n\n## What Changed in 2026\n\nAs of August 23, 2026, the main developments are as follows.\n\n| Date | Action | Significance |\n|---|---|---|\n| June 12, 2026 | Adoption of ILO Convention No. 193 | A global international labor standard on decent work in the platform economy was established. |\n| July 2, 2026 | Adoption of the Avilés Declaration on Labour | Ibero-American countries presented a common direction on platforms, AI, care work, informal employment, and the social and solidarity economy. |\n| August 4, 2026 | ILO released a related regional agenda | Regional discussions on translating the declaration into labor policy and institutional improvements became more concrete. |\n| Scheduled for November 4–5, 2026 | Ibero-American Summit in Madrid | The agreement reached at the labor ministers’ level is expected to be carried forward to the summit-level agenda. The schedule and final outcome should be reconfirmed through official announcements. |\n\nThe key change is that platform work has been defined not as an exceptional issue arising from a new industry, but as a labor issue to which principles concerning remuneration, safety, social security, freedom of association, personal data, and non-discrimination must apply. At the same time, AI and algorithms are viewed not merely as work tools, but as management systems that determine working conditions.\n\n## Differences Between ILO Convention No. 193 and the Avilés Declaration\n\nThe two documents point in the same direction, but differ in their legal nature and how they operate.\n\n| Category | ILO Convention No. 193 | Avilés Declaration on Labour |\n|---|---|---|\n| Nature of document | An international labor convention that states may ratify | A political and policy declaration by Ibero-American labor ministers |\n| Scope | Global international standards for the platform economy | A regional cooperation agenda centered on Spain, Portugal, and Latin America |\n| Legal effect | Once ratified and in force for a country, it creates an obligation under international law to implement it | Because it is not a treaty, it requires no ratification and has no direct legal binding force |\n| Main function | Establishes minimum principles required for platform work and states’ duty to protect | Shapes common policy directions, regional cooperation, and the agenda for subsequent summits |\n| Domestic impact | Needs to be reflected in legislative, administrative, judicial, and collective bargaining systems | Serves as a reference framework for setting priorities for national policies and joint projects |\n\nThe adoption of the ILO Convention does not by itself automatically change the domestic law of every country. Each country must decide whether to ratify it and establish the necessary laws and enforcement systems. Whether the Convention may be applied directly in domestic courts after ratification may also vary depending on each country’s constitution and legal system.\n\nInstead of legal binding force, the Avilés Declaration has a political coordination function. Countries can affirm a common agenda and connect it to follow-up meetings, policy plans, and technical cooperation, but individuals cannot immediately claim pay or reinstatement in court solely on the basis of the declaration.\n\n## Scope of Platform Work Covered by the Convention\n\nPlatform work does not consist of only one type.\n\n- **Location-based platform work:** Work performed at a specific location, such as delivery, passenger transport, cleaning, repairs, domestic services, and care\n- **Online platform work:** Work performed remotely, such as translation, design, programming, data classification, and content review\n- **Task-based work:** Work assigned in short units and paid on a per-task basis\n- **Ongoing service work:** Work in which workers are connected to clients through a platform but provide services repeatedly over a certain period\n\nAn important aspect of the Convention is that eligibility for protection is not determined solely by the label used in a contract. Even if a platform classifies a worker as self-employed, a partner, or an independent contractor, it is necessary to examine who actually sets prices, assigns work, controls how the work is performed, and has the power to impose sanctions.\n\nHowever, this does not mean that all platform workers are uniformly deemed employees. Rather, the approach is to accurately determine the existence of an employment relationship based on the actual facts and to provide necessary basic protections as platform workers even to those who are not recognized as being in an employment relationship.\n\n## Employment Status Is Determined by the Actual Relationship, Not the Contractual Label\n\nThe most important question in platform work disputes is whether a worker is an employee or an independent business operator. The answer may affect the scope of minimum wage, working time, paid leave, workers’ compensation, dismissal protection, and social insurance coverage.\n\nThe facts that may be considered in making this determination include the following.\n\n- Whether the platform effectively determines remuneration or fees\n- Whether the worker can freely negotiate prices or terms with clients\n- Whether refusing an automated assignment results in disadvantages to ratings or access to future work\n- Whether the platform controls the sequence of tasks, routes, response times, or method of service\n- Whether the platform can restrict account access or terminate the contract because of a low rating\n- Whether the worker actually has an independent customer base and bears business risk\n\nThe Convention takes the approach of prioritizing the substance of the relationship over formal contractual language and requiring effective procedures for correcting misclassification. Each country must design specific determination criteria and legal presumptions through domestic law.\n\n## Core Principles on Contractual Terms, Remuneration, Occupational Safety, and Social Security\n\n### Contractual Terms and Remuneration\n\nPlatform workers should be able to understand their contractual terms before starting work. Information that directly affects income—such as how remuneration is calculated, platform fees, deductions, payment timing, and the grounds for account restrictions—must be clear.\n\nIn particular, if the total displayed on the screen differs from the amount actually paid, workers should be able to separately identify taxes, fees, insurance premiums, or other deductions. Applicable minimum remuneration standards and collective agreements must also be observed.\n\n### Occupational Safety and Work Stoppages\n\nDelivery and transport workers are exposed to traffic accidents and severe weather, while online workers may experience long waiting periods, repetitive tasks, and psychological strain. If an algorithm encourages rapid completion or pressures workers to accept tasks in dangerous situations, the technology’s design itself becomes an occupational safety risk.\n\nStates must therefore assess the risks of platform work and establish preventive measures. It is also important to ensure that workers are not disadvantaged solely because they avoided a serious and imminent danger.\n\n### Social Security\n\nWhen work is spread across multiple platforms and short-term contracts, it becomes difficult to identify who is responsible for paying social insurance contributions and to determine income. The Convention sets a direction for improving coverage and administrative procedures so that platform workers are not excluded from social security systems because of their form of employment.\n\nAt the domestic implementation stage, the following issues become central.\n\n- How to aggregate income earned through multiple platforms\n- In what proportions the platform, worker, or both should bear insurance contributions\n- How to distinguish occupational injuries from ordinary accidents\n- Which country’s system should apply to online work provided across borders\n\n## Why Algorithmic Management Requires Human Oversight\n\nPlatform algorithms do not remain neutral recommendation tools. Automated dispatch, search visibility, rating calculations, remuneration adjustments, fraud detection, and account suspension can determine workers’ income and whether they can continue working.\n\n| Algorithmic function | Potential impact on workers | Necessary safeguard |\n|---|---|---|\n| Automated dispatch | Differences in access to work and income | Information on assignment criteria and the consequences of rejection |\n| Rating and ranking calculations | Reduced visibility and exclusion from bonuses | Evaluation criteria, correction of errors, and challenges to unfair evaluations |\n| Dynamic remuneration calculations | Changes in remuneration for the same work | Explanation of calculation factors, fees, and deductions |\n| Automated risk detection | Misidentification of legitimate activity as fraud | Human review and an opportunity to submit evidence |\n| Account restriction or suspension | Immediate loss of income | Notice of reasons, an appeal process, and timely human judgment |\n\nTransparency does not necessarily mean disclosing the entire source code. The key is to explain in a way that workers and their representatives can understand which systems significantly affect working conditions, what information is used, and what consequences the decisions produce.\n\nHuman oversight must also not be a merely formal procedure in which a person simply approves an automated decision. For the procedure to provide meaningful redress, a person with the authority to change the decision must review the worker’s explanation and relevant records.\n\n## The Boundary Between Personal Data Protection and Workplace Surveillance\n\nPlatforms can collect large amounts of data, including location, login times, travel routes, customer ratings, messages, device information, and work-processing speed. Such data may be necessary for business operations, but it also carries the risk of being used for excessive surveillance, discriminatory inferences, or detecting union activity.\n\nThe necessary principles are as follows.\n\n- Collect only data necessary for a legitimate purpose directly related to performing the work.\n- Inform workers what data is collected, why it is collected, and with whom it is shared.\n- Allow workers to access data about themselves and correct inaccurate information.\n- Restrict excessive inferences and surveillance involving sensitive information or private matters.\n- Examine the quality of data used in automated decisions and its potential for discrimination.\n- Establish retention standards to prevent data from being stored indefinitely after contract termination.\n\nPersonal data protection and algorithmic transparency are not separate issues. If incorrect location records or customer ratings are entered into an account-suspension model, the right to correct data and the right to challenge automated decisions must operate together.\n\n## Why Informal Employment, Care, and the Social Economy Are Addressed Together\n\nThe Avilés Declaration does not treat platform work solely as a separate issue of technology regulation. In many Latin American countries, informal work that is not adequately protected by social insurance and labor law is a major policy issue. As platforms digitize existing informal services, they may create transaction records, but they may also create a new form of informalization that shifts responsibility onto individuals.\n\nCare and domestic services are also important points of connection. Platform-based matching for care can improve accessibility for users, but may also exacerbate low pay, irregular hours, gender disparities, and safety problems. This is why care needs to be viewed not simply as an intermediary service, but as a matter of social and labor policy.\n\nThe social and solidarity economy includes models such as cooperatives, mutual organizations, and social enterprises in which workers and local communities participate in operations. The Avilés Declaration emphasizes this area in order to diversify the ownership and decision-making structures of platforms themselves and explore alternatives for sharing the benefits of digital transformation with workers.\n\n## Actual Rights Depend on Ratification and Incorporation into Domestic Law\n\nAdoption of the Convention, national ratification, and domestic implementation are separate stages.\n\n1. The Convention is adopted by the International Labour Conference.\n2. Each member state submits the Convention to its competent national authorities and considers whether to ratify it.\n3. Ratifying states align their laws and administrative systems with the date on which the Convention enters into force for that country.\n4. The rules are enforced through labor inspection, social insurance, dispute resolution, and judicial procedures.\n5. The ILO supervisory system reviews implementation by ratifying states.\n\nTherefore, whether a worker can currently challenge an account suspension or demand social insurance coverage depends on the worker’s place of residence, place of work, contractual counterparty, the platform’s location, and the applicable country’s current law. The Convention can serve as a standard for interpreting and improving domestic rights, but it does not automatically create remedies that do not yet exist.\n\nThe Avilés Declaration likewise will not lead to direct changes in rights without follow-up legislation, budgets, and administrative plans. After the November 2026 summit, it will be necessary to examine not only whether the joint declaration is reaffirmed, but also whether a specific schedule, responsible institutions, and evaluation indicators are presented.\n\n## Evidence and Auditability That Determine Whether the Rules Succeed\n\nFor platform regulation to work in practice, records that make it possible to reconstruct decisions are needed in addition to declarations of rights. This is a particularly important practical task when translating the Convention into domestic law and system design.\n\nPlatforms need to be designed to retain the following records for an appropriate period and make them available for review in the event of a dispute.\n\n- The time when work was offered, accepted, or rejected, and the assignment rules applied\n- Calculations of remuneration, surcharges, fees, and deductions\n- Reasons for changes to ratings and account restrictions\n- Key input data and model versions used in automated decisions\n- The human reviewer’s judgment, whether the decision was changed, and processing time\n- Safety-related reports and the actions taken in response\n\nWithout records, platforms have difficulty explaining the legitimacy of their decisions, and workers have difficulty proving errors or discrimination. Conversely, recording every action without limits may constitute excessive surveillance, so purpose limitations, access rights, retention periods, and deletion standards must be established together.\n\nAuditability is more complex for cross-border online platforms because workers, clients, platform entities, and servers may be located in different countries. Even if the Convention provides common principles, issues involving jurisdiction, applicable law, and information exchange among supervisory authorities must be resolved further through domestic law and international cooperation.\n\n## Issues to Monitor Going Forward\n\n- Which countries ratify Convention No. 193 and when it enters into force for each country\n- How domestic criteria for distinguishing employees from independent contractors change\n- To what extent remuneration and social insurance obligations apply to all platform workers\n- Whether meaningful human review procedures are introduced for account suspensions and automated dispatch\n- Whether worker representatives can participate in the introduction and modification of algorithms\n- How applicable law and supervisory responsibility for cross-border online work will be determined\n- Whether the Avilés Declaration leads to specific regional projects after the November 2026 summit\n\nBecause the number of ratifications and country-specific entry-into-force dates may continue to change, the latest status should be checked in the ILO’s official convention and ratification records.","content_html":"\u003cp\u003ePlatform-based delivery riders, drivers, domestic and care service providers, freelancers, and online workers receive work through platforms and are controlled not only by their contractual counterparties but also by automated dispatch and evaluation systems. However, existing labor laws were designed around workplaces and traditional employer-employee relationships, and often failed to clearly define who is responsible for platform work and the scope of workers’ rights.\u003c/p\u003e\n\u003cp\u003eConvention No. 193, adopted by the International Labour Organization (ILO) on June 12, 2026, is the first international labor convention dedicated to addressing this gap in the platform economy. The Avilés Declaration on Labour, adopted on July 2 of the same year, is a regional policy agreement under which Spain and Latin American countries will jointly address platform work, artificial intelligence in the field of labor, care, and the social and solidarity economy.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#what-changed-in-2026\" class=\"anchor\" id=\"what-changed-in-2026\"\u003e\u003c/a\u003eWhat Changed in 2026\u003c/h2\u003e\n\u003cp\u003eAs of August 23, 2026, the main developments are as follows.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eDate\u003c/th\u003e\n\u003cth\u003eAction\u003c/th\u003e\n\u003cth\u003eSignificance\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eJune 12, 2026\u003c/td\u003e\n\u003ctd data-label=\"Action\"\u003eAdoption of ILO Convention No. 193\u003c/td\u003e\n\u003ctd data-label=\"Significance\"\u003eA global international labor standard on decent work in the platform economy was established.\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eJuly 2, 2026\u003c/td\u003e\n\u003ctd data-label=\"Action\"\u003eAdoption of the Avilés Declaration on Labour\u003c/td\u003e\n\u003ctd data-label=\"Significance\"\u003eIbero-American countries presented a common direction on platforms, AI, care work, informal employment, and the social and solidarity economy.\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eAugust 4, 2026\u003c/td\u003e\n\u003ctd data-label=\"Action\"\u003eILO released a related regional agenda\u003c/td\u003e\n\u003ctd data-label=\"Significance\"\u003eRegional discussions on translating the declaration into labor policy and institutional improvements became more concrete.\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eScheduled for November 4–5, 2026\u003c/td\u003e\n\u003ctd data-label=\"Action\"\u003eIbero-American Summit in Madrid\u003c/td\u003e\n\u003ctd data-label=\"Significance\"\u003eThe agreement reached at the labor ministers’ level is expected to be carried forward to the summit-level agenda. The schedule and final outcome should be reconfirmed through official announcements.\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eThe key change is that platform work has been defined not as an exceptional issue arising from a new industry, but as a labor issue to which principles concerning remuneration, safety, social security, freedom of association, personal data, and non-discrimination must apply. At the same time, AI and algorithms are viewed not merely as work tools, but as management systems that determine working conditions.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#differences-between-ilo-convention-no-193-and-the-avil%C3%A9s-declaration\" class=\"anchor\" id=\"differences-between-ilo-convention-no-193-and-the-avilés-declaration\"\u003e\u003c/a\u003eDifferences Between ILO Convention No. 193 and the Avilés Declaration\u003c/h2\u003e\n\u003cp\u003eThe two documents point in the same direction, but differ in their legal nature and how they operate.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eCategory\u003c/th\u003e\n\u003cth\u003eILO Convention No. 193\u003c/th\u003e\n\u003cth\u003eAvilés Declaration on Labour\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eNature of document\u003c/td\u003e\n\u003ctd data-label=\"ILO Convention No. 193\"\u003eAn international labor convention that states may ratify\u003c/td\u003e\n\u003ctd data-label=\"Avilés Declaration on Labour\"\u003eA political and policy declaration by Ibero-American labor ministers\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eScope\u003c/td\u003e\n\u003ctd data-label=\"ILO Convention No. 193\"\u003eGlobal international standards for the platform economy\u003c/td\u003e\n\u003ctd data-label=\"Avilés Declaration on Labour\"\u003eA regional cooperation agenda centered on Spain, Portugal, and Latin America\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eLegal effect\u003c/td\u003e\n\u003ctd data-label=\"ILO Convention No. 193\"\u003eOnce ratified and in force for a country, it creates an obligation under international law to implement it\u003c/td\u003e\n\u003ctd data-label=\"Avilés Declaration on Labour\"\u003eBecause it is not a treaty, it requires no ratification and has no direct legal binding force\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eMain function\u003c/td\u003e\n\u003ctd data-label=\"ILO Convention No. 193\"\u003eEstablishes minimum principles required for platform work and states’ duty to protect\u003c/td\u003e\n\u003ctd data-label=\"Avilés Declaration on Labour\"\u003eShapes common policy directions, regional cooperation, and the agenda for subsequent summits\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eDomestic impact\u003c/td\u003e\n\u003ctd data-label=\"ILO Convention No. 193\"\u003eNeeds to be reflected in legislative, administrative, judicial, and collective bargaining systems\u003c/td\u003e\n\u003ctd data-label=\"Avilés Declaration on Labour\"\u003eServes as a reference framework for setting priorities for national policies and joint projects\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eThe adoption of the ILO Convention does not by itself automatically change the domestic law of every country. Each country must decide whether to ratify it and establish the necessary laws and enforcement systems. Whether the Convention may be applied directly in domestic courts after ratification may also vary depending on each country’s constitution and legal system.\u003c/p\u003e\n\u003cp\u003eInstead of legal binding force, the Avilés Declaration has a political coordination function. Countries can affirm a common agenda and connect it to follow-up meetings, policy plans, and technical cooperation, but individuals cannot immediately claim pay or reinstatement in court solely on the basis of the declaration.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#scope-of-platform-work-covered-by-the-convention\" class=\"anchor\" id=\"scope-of-platform-work-covered-by-the-convention\"\u003e\u003c/a\u003eScope of Platform Work Covered by the Convention\u003c/h2\u003e\n\u003cp\u003ePlatform work does not consist of only one type.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\n\u003cstrong\u003eLocation-based platform work:\u003c/strong\u003e Work performed at a specific location, such as delivery, passenger transport, cleaning, repairs, domestic services, and care\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eOnline platform work:\u003c/strong\u003e Work performed remotely, such as translation, design, programming, data classification, and content review\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eTask-based work:\u003c/strong\u003e Work assigned in short units and paid on a per-task basis\u003c/li\u003e\n\u003cli\u003e\n\u003cstrong\u003eOngoing service work:\u003c/strong\u003e Work in which workers are connected to clients through a platform but provide services repeatedly over a certain period\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eAn important aspect of the Convention is that eligibility for protection is not determined solely by the label used in a contract. Even if a platform classifies a worker as self-employed, a partner, or an independent contractor, it is necessary to examine who actually sets prices, assigns work, controls how the work is performed, and has the power to impose sanctions.\u003c/p\u003e\n\u003cp\u003eHowever, this does not mean that all platform workers are uniformly deemed employees. Rather, the approach is to accurately determine the existence of an employment relationship based on the actual facts and to provide necessary basic protections as platform workers even to those who are not recognized as being in an employment relationship.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#employment-status-is-determined-by-the-actual-relationship-not-the-contractual-label\" class=\"anchor\" id=\"employment-status-is-determined-by-the-actual-relationship-not-the-contractual-label\"\u003e\u003c/a\u003eEmployment Status Is Determined by the Actual Relationship, Not the Contractual Label\u003c/h2\u003e\n\u003cp\u003eThe most important question in platform work disputes is whether a worker is an employee or an independent business operator. The answer may affect the scope of minimum wage, working time, paid leave, workers’ compensation, dismissal protection, and social insurance coverage.\u003c/p\u003e\n\u003cp\u003eThe facts that may be considered in making this determination include the following.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eWhether the platform effectively determines remuneration or fees\u003c/li\u003e\n\u003cli\u003eWhether the worker can freely negotiate prices or terms with clients\u003c/li\u003e\n\u003cli\u003eWhether refusing an automated assignment results in disadvantages to ratings or access to future work\u003c/li\u003e\n\u003cli\u003eWhether the platform controls the sequence of tasks, routes, response times, or method of service\u003c/li\u003e\n\u003cli\u003eWhether the platform can restrict account access or terminate the contract because of a low rating\u003c/li\u003e\n\u003cli\u003eWhether the worker actually has an independent customer base and bears business risk\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eThe Convention takes the approach of prioritizing the substance of the relationship over formal contractual language and requiring effective procedures for correcting misclassification. Each country must design specific determination criteria and legal presumptions through domestic law.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#core-principles-on-contractual-terms-remuneration-occupational-safety-and-social-security\" class=\"anchor\" id=\"core-principles-on-contractual-terms-remuneration-occupational-safety-and-social-security\"\u003e\u003c/a\u003eCore Principles on Contractual Terms, Remuneration, Occupational Safety, and Social Security\u003c/h2\u003e\n\u003ch3\u003e\n\u003ca href=\"#contractual-terms-and-remuneration\" class=\"anchor\" id=\"contractual-terms-and-remuneration\"\u003e\u003c/a\u003eContractual Terms and Remuneration\u003c/h3\u003e\n\u003cp\u003ePlatform workers should be able to understand their contractual terms before starting work. Information that directly affects income—such as how remuneration is calculated, platform fees, deductions, payment timing, and the grounds for account restrictions—must be clear.\u003c/p\u003e\n\u003cp\u003eIn particular, if the total displayed on the screen differs from the amount actually paid, workers should be able to separately identify taxes, fees, insurance premiums, or other deductions. Applicable minimum remuneration standards and collective agreements must also be observed.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#occupational-safety-and-work-stoppages\" class=\"anchor\" id=\"occupational-safety-and-work-stoppages\"\u003e\u003c/a\u003eOccupational Safety and Work Stoppages\u003c/h3\u003e\n\u003cp\u003eDelivery and transport workers are exposed to traffic accidents and severe weather, while online workers may experience long waiting periods, repetitive tasks, and psychological strain. If an algorithm encourages rapid completion or pressures workers to accept tasks in dangerous situations, the technology’s design itself becomes an occupational safety risk.\u003c/p\u003e\n\u003cp\u003eStates must therefore assess the risks of platform work and establish preventive measures. It is also important to ensure that workers are not disadvantaged solely because they avoided a serious and imminent danger.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#social-security\" class=\"anchor\" id=\"social-security\"\u003e\u003c/a\u003eSocial Security\u003c/h3\u003e\n\u003cp\u003eWhen work is spread across multiple platforms and short-term contracts, it becomes difficult to identify who is responsible for paying social insurance contributions and to determine income. The Convention sets a direction for improving coverage and administrative procedures so that platform workers are not excluded from social security systems because of their form of employment.\u003c/p\u003e\n\u003cp\u003eAt the domestic implementation stage, the following issues become central.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eHow to aggregate income earned through multiple platforms\u003c/li\u003e\n\u003cli\u003eIn what proportions the platform, worker, or both should bear insurance contributions\u003c/li\u003e\n\u003cli\u003eHow to distinguish occupational injuries from ordinary accidents\u003c/li\u003e\n\u003cli\u003eWhich country’s system should apply to online work provided across borders\u003c/li\u003e\n\u003c/ul\u003e\n\u003ch2\u003e\n\u003ca href=\"#why-algorithmic-management-requires-human-oversight\" class=\"anchor\" id=\"why-algorithmic-management-requires-human-oversight\"\u003e\u003c/a\u003eWhy Algorithmic Management Requires Human Oversight\u003c/h2\u003e\n\u003cp\u003ePlatform algorithms do not remain neutral recommendation tools. Automated dispatch, search visibility, rating calculations, remuneration adjustments, fraud detection, and account suspension can determine workers’ income and whether they can continue working.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eAlgorithmic function\u003c/th\u003e\n\u003cth\u003ePotential impact on workers\u003c/th\u003e\n\u003cth\u003eNecessary safeguard\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Algorithmic function\"\u003eAutomated dispatch\u003c/td\u003e\n\u003ctd data-label=\"Potential impact on workers\"\u003eDifferences in access to work and income\u003c/td\u003e\n\u003ctd data-label=\"Necessary safeguard\"\u003eInformation on assignment criteria and the consequences of rejection\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Algorithmic function\"\u003eRating and ranking calculations\u003c/td\u003e\n\u003ctd data-label=\"Potential impact on workers\"\u003eReduced visibility and exclusion from bonuses\u003c/td\u003e\n\u003ctd data-label=\"Necessary safeguard\"\u003eEvaluation criteria, correction of errors, and challenges to unfair evaluations\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Algorithmic function\"\u003eDynamic remuneration calculations\u003c/td\u003e\n\u003ctd data-label=\"Potential impact on workers\"\u003eChanges in remuneration for the same work\u003c/td\u003e\n\u003ctd data-label=\"Necessary safeguard\"\u003eExplanation of calculation factors, fees, and deductions\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Algorithmic function\"\u003eAutomated risk detection\u003c/td\u003e\n\u003ctd data-label=\"Potential impact on workers\"\u003eMisidentification of legitimate activity as fraud\u003c/td\u003e\n\u003ctd data-label=\"Necessary safeguard\"\u003eHuman review and an opportunity to submit evidence\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Algorithmic function\"\u003eAccount restriction or suspension\u003c/td\u003e\n\u003ctd data-label=\"Potential impact on workers\"\u003eImmediate loss of income\u003c/td\u003e\n\u003ctd data-label=\"Necessary safeguard\"\u003eNotice of reasons, an appeal process, and timely human judgment\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eTransparency does not necessarily mean disclosing the entire source code. The key is to explain in a way that workers and their representatives can understand which systems significantly affect working conditions, what information is used, and what consequences the decisions produce.\u003c/p\u003e\n\u003cp\u003eHuman oversight must also not be a merely formal procedure in which a person simply approves an automated decision. For the procedure to provide meaningful redress, a person with the authority to change the decision must review the worker’s explanation and relevant records.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#the-boundary-between-personal-data-protection-and-workplace-surveillance\" class=\"anchor\" id=\"the-boundary-between-personal-data-protection-and-workplace-surveillance\"\u003e\u003c/a\u003eThe Boundary Between Personal Data Protection and Workplace Surveillance\u003c/h2\u003e\n\u003cp\u003ePlatforms can collect large amounts of data, including location, login times, travel routes, customer ratings, messages, device information, and work-processing speed. Such data may be necessary for business operations, but it also carries the risk of being used for excessive surveillance, discriminatory inferences, or detecting union activity.\u003c/p\u003e\n\u003cp\u003eThe necessary principles are as follows.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eCollect only data necessary for a legitimate purpose directly related to performing the work.\u003c/li\u003e\n\u003cli\u003eInform workers what data is collected, why it is collected, and with whom it is shared.\u003c/li\u003e\n\u003cli\u003eAllow workers to access data about themselves and correct inaccurate information.\u003c/li\u003e\n\u003cli\u003eRestrict excessive inferences and surveillance involving sensitive information or private matters.\u003c/li\u003e\n\u003cli\u003eExamine the quality of data used in automated decisions and its potential for discrimination.\u003c/li\u003e\n\u003cli\u003eEstablish retention standards to prevent data from being stored indefinitely after contract termination.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003ePersonal data protection and algorithmic transparency are not separate issues. If incorrect location records or customer ratings are entered into an account-suspension model, the right to correct data and the right to challenge automated decisions must operate together.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#why-informal-employment-care-and-the-social-economy-are-addressed-together\" class=\"anchor\" id=\"why-informal-employment-care-and-the-social-economy-are-addressed-together\"\u003e\u003c/a\u003eWhy Informal Employment, Care, and the Social Economy Are Addressed Together\u003c/h2\u003e\n\u003cp\u003eThe Avilés Declaration does not treat platform work solely as a separate issue of technology regulation. In many Latin American countries, informal work that is not adequately protected by social insurance and labor law is a major policy issue. As platforms digitize existing informal services, they may create transaction records, but they may also create a new form of informalization that shifts responsibility onto individuals.\u003c/p\u003e\n\u003cp\u003eCare and domestic services are also important points of connection. Platform-based matching for care can improve accessibility for users, but may also exacerbate low pay, irregular hours, gender disparities, and safety problems. This is why care needs to be viewed not simply as an intermediary service, but as a matter of social and labor policy.\u003c/p\u003e\n\u003cp\u003eThe social and solidarity economy includes models such as cooperatives, mutual organizations, and social enterprises in which workers and local communities participate in operations. The Avilés Declaration emphasizes this area in order to diversify the ownership and decision-making structures of platforms themselves and explore alternatives for sharing the benefits of digital transformation with workers.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#actual-rights-depend-on-ratification-and-incorporation-into-domestic-law\" class=\"anchor\" id=\"actual-rights-depend-on-ratification-and-incorporation-into-domestic-law\"\u003e\u003c/a\u003eActual Rights Depend on Ratification and Incorporation into Domestic Law\u003c/h2\u003e\n\u003cp\u003eAdoption of the Convention, national ratification, and domestic implementation are separate stages.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003eThe Convention is adopted by the International Labour Conference.\u003c/li\u003e\n\u003cli\u003eEach member state submits the Convention to its competent national authorities and considers whether to ratify it.\u003c/li\u003e\n\u003cli\u003eRatifying states align their laws and administrative systems with the date on which the Convention enters into force for that country.\u003c/li\u003e\n\u003cli\u003eThe rules are enforced through labor inspection, social insurance, dispute resolution, and judicial procedures.\u003c/li\u003e\n\u003cli\u003eThe ILO supervisory system reviews implementation by ratifying states.\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eTherefore, whether a worker can currently challenge an account suspension or demand social insurance coverage depends on the worker’s place of residence, place of work, contractual counterparty, the platform’s location, and the applicable country’s current law. The Convention can serve as a standard for interpreting and improving domestic rights, but it does not automatically create remedies that do not yet exist.\u003c/p\u003e\n\u003cp\u003eThe Avilés Declaration likewise will not lead to direct changes in rights without follow-up legislation, budgets, and administrative plans. After the November 2026 summit, it will be necessary to examine not only whether the joint declaration is reaffirmed, but also whether a specific schedule, responsible institutions, and evaluation indicators are presented.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#evidence-and-auditability-that-determine-whether-the-rules-succeed\" class=\"anchor\" id=\"evidence-and-auditability-that-determine-whether-the-rules-succeed\"\u003e\u003c/a\u003eEvidence and Auditability That Determine Whether the Rules Succeed\u003c/h2\u003e\n\u003cp\u003eFor platform regulation to work in practice, records that make it possible to reconstruct decisions are needed in addition to declarations of rights. This is a particularly important practical task when translating the Convention into domestic law and system design.\u003c/p\u003e\n\u003cp\u003ePlatforms need to be designed to retain the following records for an appropriate period and make them available for review in the event of a dispute.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eThe time when work was offered, accepted, or rejected, and the assignment rules applied\u003c/li\u003e\n\u003cli\u003eCalculations of remuneration, surcharges, fees, and deductions\u003c/li\u003e\n\u003cli\u003eReasons for changes to ratings and account restrictions\u003c/li\u003e\n\u003cli\u003eKey input data and model versions used in automated decisions\u003c/li\u003e\n\u003cli\u003eThe human reviewer’s judgment, whether the decision was changed, and processing time\u003c/li\u003e\n\u003cli\u003eSafety-related reports and the actions taken in response\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eWithout records, platforms have difficulty explaining the legitimacy of their decisions, and workers have difficulty proving errors or discrimination. Conversely, recording every action without limits may constitute excessive surveillance, so purpose limitations, access rights, retention periods, and deletion standards must be established together.\u003c/p\u003e\n\u003cp\u003eAuditability is more complex for cross-border online platforms because workers, clients, platform entities, and servers may be located in different countries. Even if the Convention provides common principles, issues involving jurisdiction, applicable law, and information exchange among supervisory authorities must be resolved further through domestic law and international cooperation.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#issues-to-monitor-going-forward\" class=\"anchor\" id=\"issues-to-monitor-going-forward\"\u003e\u003c/a\u003eIssues to Monitor Going Forward\u003c/h2\u003e\n\u003cul\u003e\n\u003cli\u003eWhich countries ratify Convention No. 193 and when it enters into force for each country\u003c/li\u003e\n\u003cli\u003eHow domestic criteria for distinguishing employees from independent contractors change\u003c/li\u003e\n\u003cli\u003eTo what extent remuneration and social insurance obligations apply to all platform workers\u003c/li\u003e\n\u003cli\u003eWhether meaningful human review procedures are introduced for account suspensions and automated dispatch\u003c/li\u003e\n\u003cli\u003eWhether worker representatives can participate in the introduction and modification of algorithms\u003c/li\u003e\n\u003cli\u003eHow applicable law and supervisory responsibility for cross-border online work will be determined\u003c/li\u003e\n\u003cli\u003eWhether the Avilés Declaration leads to specific regional projects after the November 2026 summit\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eBecause the number of ratifications and country-specific entry-into-force dates may continue to change, the latest status should be checked in the ILO’s official convention and ratification records.\u003c/p\u003e\n","tags":["AI","Labor Market","Personal data protection","Platform Business","Platform work","Algorithmic management"],"faqs":[{"question":"What is ILO Convention No. 193?","answer":"It is the international labor convention concerning decent work in the platform economy, adopted by the ILO on June 12, 2026. It sets out international principles concerning platform workers' employment status, contractual terms, remuneration, occupational safety, social security, freedom of association, personal data, and algorithmic management."},{"question":"Does the Convention apply to all platform workers as soon as it is adopted?","answer":"No. Each country must ratify the Convention, and once it enters into force for that country, the country is obligated under international law to implement it. The rights that workers may directly exercise domestically vary depending on the country's laws, ratification status, and implementation mechanisms."},{"question":"If someone has entered into an independent contractor agreement with a platform, can they not be considered an employee?","answer":"It is not determined solely by the title of the contract. A key direction of the Convention is that employment status must be determined by comprehensively assessing the actual relationship of control over pricing, work allocation, how work is performed, ratings, sanctions, and account suspension."},{"question":"Does Convention No. 193 regard all platform workers as employees?","answer":"No. The Convention requires employment relationships to be accurately determined based on the actual facts rather than formal classifications. People who are not found to be in an employment relationship may still receive the basic protections needed as platform workers, but the specific scope is determined by domestic law."},{"question":"Does algorithmic transparency mean that source code must be disclosed?","answer":"It does not necessarily mean that the entire source code must be disclosed. The key is to inform workers, in an understandable manner, of the existence, main operating criteria, and anticipated effects of systems that affect their remuneration, access to work, evaluations, or account status, and to allow them to challenge significant decisions."},{"question":"If an account is automatically suspended, must a person review the decision?","answer":"The Convention's direction is that automated decisions that significantly affect a person's livelihood require meaningful human oversight and an appeals procedure. However, the laws of the relevant country and the platform contract must be reviewed to determine the specific remedies currently available and the applicable processing deadlines."},{"question":"Is the Avilés Declaration legally binding?","answer":"The Avilés Declaration is not an international treaty or an ILO convention, but a political and policy agreement among Ibero-American countries. It does not create direct legal rights, but it can help set the direction of national legislation, administrative plans, and regional cooperation."},{"question":"Why does the Avilés Declaration address care and the social economy together?","answer":"This is because platform work is linked to informal employment, unstable social security, and the undervaluation of care work. Discussing the social and solidarity economy at the same time also makes it possible to consider platform alternatives, such as cooperatives or social enterprises, in which workers participate in management and profit distribution."},{"question":"Are the ILO Convention and the EU's platform work rules the same system?","answer":"No. ILO Convention No. 193 is a global international labor standard that can be ratified, while the EU rules constitute a separate regional legal framework for EU Member States. Their geographic scope and legal procedures differ, but they share a focus on addressing the risks of employment status misclassification and algorithmic management."},{"question":"Which country's law applies when someone works online across borders?","answer":"The Convention alone does not automatically resolve all cross-border jurisdictional issues. The location where the worker performs the work, the location of the platform's legal entity, the governing law of the contract, and the relevant country's mandatory labor laws must be considered together, and specific disputes may require professional legal assessment."}],"sources":[{"url":"https://www.ilo.org/es/resource/articulo/como-promovera-el-nuevo-convenio-num-193-el-trabajo-decente-en-la-economia","title":"ILO: How Will the New Convention No. 193 Promote Decent Work in the Platform Economy?","type":"source"},{"url":"https://www.ilo.org/es/resource/noticias/las-ministras-y-ministros-iberoamericanos-adoptan-nuevos-compromisos-en","title":"ILO: Ibero-American Ministers Adopt New Labor Commitments","type":"source"},{"url":"https://segib.org/es/publicacion/declaracion-de-aviles-sobre-trabajo/","title":"SEGIB: Avilés Declaration on Work","type":"source"},{"url":"https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/trabajo14/paginas/2026/020726-diaz-conclusiones-conferencia-iberoamerican.aspx","title":"La Moncloa: Conclusions of the Ibero-American Conference of Ministers of Labor","type":"source"}],"images":[{"id":857,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTEzMjcsInB1ciI6ImJsb2JfaWQifX0=--91119c6b0d8172ca3fd9a511e72cd69a4f83e8fc/ai-5c30ebb8.webp","is_representative":true,"generation_method":"ai_photo","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"비에 젖은 배달 노동자가 노동 조정 창구에서 휴대전화와 헬멧을 들고 상담하는 모습","caption":"배달 노동자가 노동 조정 담당자에게 휴대전화 기록과 관련 서류를 제시하고 있다.","description":null},"en":{"alt":"Rain-soaked delivery rider holding a phone and helmet across from an official at a labor mediation desk","caption":"A delivery rider presents phone records and paperwork during a labor mediation case review.","description":null},"ja":{"alt":"雨にぬれた配達員が労働調停窓口でスマートフォンとヘルメットを手に相談する様子","caption":"配達員が労働調停の担当者にスマートフォンの記録と書類を提示している。","description":null},"es":{"alt":"Repartidor mojado por la lluvia con teléfono y casco ante una funcionaria de mediación laboral","caption":"Un repartidor presenta registros del teléfono y documentos durante una revisión de mediación laboral.","description":null},"id":{"alt":"Kurir yang basah kuyup memegang ponsel dan helm di hadapan petugas mediasi ketenagakerjaan","caption":"Seorang kurir menunjukkan catatan ponsel dan dokumen dalam peninjauan kasus mediasi ketenagakerjaan.","description":null},"pt":{"alt":"Entregador molhado pela chuva com celular e capacete diante de uma agente de mediação trabalhista","caption":"Um entregador apresenta registros do celular e documentos durante uma análise de mediação trabalhista.","description":null},"zh-hant":{"alt":"全身淋濕的外送員拿著手機和安全帽，在勞資調解櫃檯接受諮詢","caption":"外送員在勞資調解案件審查中出示手機紀錄與相關文件。","description":null},"de":{"alt":"Regennasser Lieferfahrer mit Smartphone und Helm gegenüber einer Mitarbeiterin der Arbeitsmediation","caption":"Ein Lieferfahrer legt bei der Prüfung eines Arbeitsmediationsfalls Handyaufzeichnungen und Unterlagen vor.","description":null}}},{"id":858,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTEzMzMsInB1ciI6ImJsb2JfaWQifX0=--19a824ae70c0a89553454941eb1a5c7889a8241e/ai-ce4797b0.webp","is_representative":false,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"플랫폼 앱과 노동자, 국제 문서, 규제 절차, 노동 보호를 연결한 인포그래픽","caption":"플랫폼 노동의 국제 기준과 인증·감독·권리 보호 체계를 도식화했다.","description":null},"en":{"alt":"Infographic linking a platform app, workers, international documents, regulation, and labor protections","caption":"The graphic maps international standards, oversight, and rights protections for platform work.","description":null},"ja":{"alt":"プラットフォームアプリ、労働者、国際文書、規制手続き、労働保護を結ぶ図解","caption":"プラットフォーム労働の国際基準と認証・監督・権利保護の仕組みを示している。","description":null},"es":{"alt":"Infografía sobre una app de plataforma, trabajadores, normas internacionales y protección laboral","caption":"El gráfico presenta estándares internacionales, supervisión y protección de derechos en el trabajo de plataformas.","description":null},"id":{"alt":"Infografik aplikasi platform, pekerja, dokumen internasional, regulasi, dan perlindungan tenaga kerja","caption":"Grafik ini memetakan standar internasional, pengawasan, dan perlindungan hak dalam kerja platform.","description":null},"pt":{"alt":"Infográfico com aplicativo de plataforma, trabalhadores, normas internacionais e proteção laboral","caption":"O gráfico apresenta padrões internacionais, fiscalização e proteção de direitos no trabalho em plataformas.","description":null},"zh-hant":{"alt":"連結平台應用程式、勞工、國際文件、監管流程與勞動保障的資訊圖表","caption":"圖表呈現平台勞動的國際標準、監督機制與權利保障體系。","description":null},"de":{"alt":"Infografik zu Plattform-App, Beschäftigten, internationalen Regeln und Arbeitsschutz","caption":"Die Grafik veranschaulicht internationale Standards, Aufsicht und Rechtsschutz für Plattformarbeit.","description":null}}}],"published_at":"2026-08-23T20:20:17+09:00","updated_at":"2026-08-23T20:20:17+09:00","license":"cc_by","translation_status":"reviewed","available_locales":["ko","en","ja","es"],"data_locales":["ko","en","ja","es","id","pt","zh-hant","de"],"url":"https://injoys.com/en/articles/ilo-convention-193-aviles-declaration-platform-work-rules"}