The Argentinian labour reform bill presented to Congress includes a chapter that regulates work carried out via platforms such as Rappi, Pedidos Ya, and Uber. To put it briefly, the activity will be regulated and delivery workers will remain autonomous. But what does this really mean? Let's dive into this bill and explain it bit by bit.
What the Argentinian labour reform bill says about platform work
The proposed labour reform for platform workers in Argentina is based on a few key principles.
1. Platform workers are independent contractors
The bill includes a chapter on activities carried out via platforms, such as delivery or passenger transport services. Under this scheme, people who provide services via these apps are considered 'independent contractors' rather than traditional employees
2. Platform workers have the freedom to choose when to log on to the platform
The bill establishes that app-based workers in Argentina are free to:
- Connect to or disconnect from platforms when they want;
- Accept or reject orders when they want;
- Choose how and when to provide the service.
This principle recognises the flexible nature of platform work, and limits the application of traditional employment rules.
3. Platform workers enjoy basic rights without being employees
The Argentinian bill guarantees certain basic rights.
Delivery workers and drivers must be paid in full for their services, including any tips or gratuities received.
Platforms are being called for more transparency. They should report on how workers are ranked and assigned jobs, explain why and when accounts are blocked, and provide a clear, straightforward complaints process for workers.
4. A new type of contract regulates platform services
The Argentinian labour reform bill introduces a new type of contract: the “Contrato de prestación de mensajería urbana a través de plataformas tecnológicas” ('Contract for the Provision of Urban Courier Services Through Technological Platforms'). It connects consumers and workers via platforms and establishes a legal framework that differs from that of traditional dependent employment.
5. Either the platform or the worker can pay for insurance
Both the platform and its workers are called to reach a clear agreement on who should cover the costs of insurance. This is not automatic; a clear agreement must be in place. If the platform takes care of this, that does not imply subordination.
Rights of platform workers under Argentina’s labour reform
Based on these principles, the draft sets out specific rights for workers. If you are an app-based worker under the Argentinian labour reform bill, you have the right to:
- Register to any platforms with no obligation to connect or accept orders.
- Connect and disconnect whenever you want. You can provide services within the platform's coverage area and at times that suit you, either by following the suggested route or an alternative. There’s no minimum number of log-ins required.
- Receive all the necessary information before accepting or rejecting an order.
- Refuse any order without being asked to provide a justification.
- Be fully paid for the work you have done. This includes 100% of gratuities and tips. The platform can suggest this amount for illustrative purposes; the user can modify it.
- Use the app without risking it stopping without warning.
- Receive clear explanations if your access to the platform is limited, either fully or partially. Customer service staff should explain any decisions affecting your use of the platform and respond to complaints or queries.
- Request access to your job-related data on the platform, and easily transfer it to other platforms to prove your past experience. It’s called ‘data portability’.
- Receive free training on how digital infrastructure works and how to interact with users.
- Receive free road safety training.
- Access the 'personal accident insurance' provided by the platforms. The minimum coverage must include accidental death, total and/or permanent disability, as well as medical, pharmaceutical, and funeral expenses. Any other insurance expenses and who pays for what must be agreed between the platform and the worker (see point 5).
- Access the safety equipment for your vehicle.
What workers are called upon to do
- The labour reform for delivery and ride-hailing workers in Argentina also includes a list of responsibilities and things that workers must do. For example, as a platform worker, you are required to:
- Keep full control of your accounts on each platform you use. Other workers cannot use your accounts.
- Register with the tax authorities officially and pay your taxes and social security contributions. This will let you access benefits like health care and pensions, as explained in Article 39 of Law 24,977.
- Give the platform your bank account details to receive payments.
- Respect traffic regulations.
- Accept and respect the terms and conditions of each platform.
- Choose which deliveries or services to take.
Next steps
In short, the Argentinian labour reform bill attempts to reconcile two opposing concepts: it recognises the flexibility of platform workers, while also addressing contracts and rights to improve their working conditions.
So, what happens next? The bill is expected to be debated by Congress in February, and it has already prompted many questions about the situation of app workers in Argentina.
In the meantime, you can read the full text of the Ley de Modernización Laboral reform, if you want to find out more.
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