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Labour & Employment / Digital Economy

Who Speaks for the Gig Worker?

Olatunde Olayinka Damilola, Esq.27 July 20264 min read

The Workplace Has Changed

Work is no longer always performed in an office or factory. Today, drivers receive jobs through ride-hailing apps, freelancers find clients through online marketplaces, and delivery riders depend on digital platforms for access to customers.

These individuals are commonly called platform workers. They include ride-hailing drivers, delivery riders, online freelancers and other service providers whose work is organised through an app or website. Platform work offers flexibility, but that flexibility often exists alongside a serious imbalance of power.

Platforms may control pricing, commissions, ratings, access to customers and account suspension. A worker may be labelled an independent contractor while still depending heavily on one platform for income. This raises an important question: should platform workers have the right to organise and negotiate collectively?

The Classification Problem

Nigeria’s labour laws were designed for traditional employment relationships involving a clear employer, employee and workplace. The Trade Unions Act and Labour Act connect worker status to a contractual relationship with an employer.

Platform companies often describe service providers as independent contractors. Under a strict interpretation of the law, this can exclude platform workers from trade-union rights and collective bargaining.

However, legal labels should not be decisive. The real relationship should be examined. Relevant questions include who controls prices, customer access, performance standards, discipline and the ability to negotiate terms.

Weak Bargaining Power

The problem is not only classification, but bargaining power. A driver or freelancer usually has little influence over commissions, account suspension, deductions or algorithmic decisions. The practical choice is often to accept the platform’s terms or leave.

Collective organisation could allow workers to negotiate through a representative body. It could address payment structures, deactivation procedures, safety, insurance, rating systems, dispute resolution and notice before contractual changes.

International Guidance

Freedom of association and collective bargaining are recognised by the International Labour Organization as fundamental labour principles. Nigeria has ratified ILO conventions on these rights.

International courts are examining platform work. In Uber BV v Aslam, the United Kingdom Supreme Court held that Uber drivers qualified as workers because of the control exercised by the platform. Although the decision does not determine Nigerian law, it shows that technology should not hide the true nature of a working relationship.

What Nigeria Should Do

Nigeria should modernise its labour framework by broadening the definition of a worker, introducing platform-work legislation, recognising platform-worker associations, requiring fair deactivation procedures and protecting flexibility.

Platform work may be organised through technology, but the concerns remain familiar: fair pay, safe conditions, transparent rules and protection against arbitrary decisions. Nigeria should not force workers to choose between flexibility and legal protection. As the digital economy grows, platform workers need a collective voice.

This article provides general legal information and does not constitute advice concerning any specific employment or platform-work arrangement.

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