Sharing economy

The sharing (or gig) economy connects workers with customers through digital platforms such as apps or websites. Customers ask for services, and workers choose which jobs to accept and complete for payment.

Examples of common services and platforms in Australia:

• ride sharing – Uber, DiDi, Shebah
• delivery – Menulog, Uber Eats, HungryPanda, Zoom2u
• creative and professional, including odd jobs – Freelancer, Expert360, Airtasker, Wipehero.

There's no rule that says whether a worker in the sharing economy is an employee or contractor. It will depend on the conditions they're hired under. Although, contracting is the most common.

Some contractors in the sharing economy are ‘employee-like’ workers – a type of regulated worker.

Employee-like workers are contractors who perform digital labour platform work under a services contract. They must also meet certain criteria, including at least 2 of these:

• they have low bargaining power when negotiating the services contract
• they receive the same or less pay than an employee would get
• they have little authority over how they perform work.

While employee-like workers may have some similar characteristics to an employee, they’re still contractors.

The Fair Work Commission can set rules about pay and conditions for employee-like workers or register a collective agreement. These workers have other special rights and protections, such as:

• protection from a digital labour platform unfairly deactivating them
• protection from unfair terms in services contracts
• workplace delegates' rights.

Unlike employees who work in someone else’s business, contractors run their own business. Contractors have different workplace rights and protections to employees. They also have different responsibilities.

If you’re a contractor working in the sharing economy, you should know about your rights and responsibilities including:

• workplace rights and protections
• workplace safety
• insurance
• super
• tax
• licensing.