On June 12, 2026, the 114th International Labour Conference adopted the first International Labour Convention relating to people who work on what are currently called “digital platforms.”
The Convention was approved by a large majority of the conference delegates: 406 in favor, 8 against, and 36 abstentions.
As is well known, in the ILO, States participate on a tripartite basis because not only the government, but also representatives of employers and workers have a voice and vote.
It is noteworthy that among the negative votes, there are only two governments: the United States and New Zealand.
Among the abstentions are several Latin American governments, such as Argentina, Paraguay, Panama, Chile, and Costa Rica.
Also, several employer delegates from the region abstained from this vote: Peru, Guatemala, Honduras, Costa Rica, and Uruguay.
The adoption of this new international instrument (which should bear number 193) is highly relevant because it starts from the premise that those who perform tasks in these environments are workers in a subordinate relationship with another legal entity that has the character of a contracting company.
To some, this may seem obvious, but it has been the center of debate for years, stemming from the construction of a narrative that placed the digital platform as a mere artifact, a technological advance, a piece of equipment, without any relationship with employers; rather, it granted the worker independence in their performance without the need to be under an employment relationship.
Naturally, based on this narrative, those who manufacture, distribute, and manage these digital systems have sought to evade all responsibility towards the State, both fiscally and in labor terms. In other words, if there is no employment relationship, there is no corporate responsibility of any kind.
With the background music of inevitable technological modernity, the dominant ultraliberal philosophy, and in the context of the increasingly notorious weaknesses of state structures and labor relations far removed from the ideals once preached, digital platforms—not without conflicts where state institutions and trade union organizations have maintained strengths—have advanced outside fiscal and labor systems.
However, as often happens, the idyllic world offered never was, and its limitations and problems have quickly become evident, which is why the idea of regulating this sector gained ground within the International Labour Organization.
Gradually, in a large number of countries, justice systems have issued rulings recognizing the existence of an employment relationship in the case of delivery workers, transportation services, or other similar roles that were presented as independent contractors. For their part, labor law doctrine has built a solid conceptual framework that has paved the way for the aforementioned standard to finally be approved by large majorities.
Proposals were discussed for years, consultations were held with governments, employers, and workers, and finally, a consensus text was reached, which was submitted to the International Conference and approved in June 2026.
In the preamble of the new Convention, it recognizes “…the decent work deficits existing in the platform economy” and also some of the concrete operational difficulties for the protection of rights because “…digital labour platforms operate across borders, and clients, workers and platforms may be located in different countries.”
This reality is an additional reason for the adoption of an international instrument that exceeds the limits of national legislation, although it recognizes “…the differences between Member States with respect to the development of the platform economy, as well as the diversity of business models and work modalities.”
Being the first standard on this matter, it provides basic definitions to resolve previous debates.
Thus, Article 1 defines the concept of “digital labour platform” as any legal person that, through digital technologies, using automated decision-making systems:
- organizes and/or facilitates work performed by persons in exchange for remuneration or payment, for the provision of a service, at the request of the recipient or the requester;
- regardless of whether such work is performed online or at a specific geographic location.
On its part, according to the Convention, the term “digital platform worker” means any person who is employed or contracted to work:
- for the purpose of providing a service organized and/or facilitated by a digital labour platform;
- in exchange for remuneration or payment;
- regardless of the classification of their employment status.
Based on these definitions, the Convention holds that its regulation applies to all digital platforms and all workers in the sector, whether from the formal or informal sector.
Articles 3 and 7 contain the normative core of the instrument: the promotion of decent work in the sector.
Article 3 calls on States that ratify the Convention to respect the fundamental principles and rights at work, which it lists:
(a) freedom of association and freedom of trade unions and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour;
(d) the elimination of discrimination in respect of employment and occupation;
(e) a safe and healthy working environment.
On its part, Article 7 asks each Member State to promote the creation of decent work opportunities in the platform sector.
This obligation is complemented by the requirement to facilitate the formalization of work on digital platforms (Article 8).
A very relevant article is number 9, because there, under the title of classification of employment status, the standard orders that the contractual classification be made based on the employment relationship considering the facts (performance of work, remuneration, etc.) above any eventual documentation that might hide or disguise the existence of subordinate work.
In terms of remuneration, the Convention establishes that it must be ensured that workers:
- receive remuneration whose amount, excluding tips or other gratuities, is in no case lower than the applicable minimum wage;
- are compensated for expenses or other costs incurred in carrying out their work.
The Convention also reserves several articles for regulating the impact of new technologies on the world of work.
On the one hand, given the potential impact of the use of automated systems, it requires keeping workers and their organizations informed, particularly when these systems involve the application of algorithms for monitoring or evaluating work.
Furthermore, Article 16 of the Convention requires the establishment of effective and appropriate safeguards in relation to the personal data of those working on platforms, ensuring legitimate purposes for its possible use. Access to the personal data processed by digital labour platforms must be ensured.
Finally, the special concern for migrants and refugees should be highlighted, since Article 20 of the Convention mandates States to adopt measures to prevent abuses against these persons in the context of their recruitment by digital platforms and, where applicable, to provide them with the adequate protection they require.
The adoption of the convention has been very well received by different entities related to the topic, such as the International Trade Union Confederation.
Its Secretary General, after congratulating the representatives of workers who made the approved text possible, called on the world’s governments to act quickly to first ratify and then implement the Convention. He mentioned that digital platform workers can use this new instrument to unionize and defend their rights and interests.
“The future of work must be based on workers’ democratic rights and decent work, not on precariousness and exclusion”, stated Triangle.