Mr Speaker, ever since Platform Operators entered the Singapore market about a decade ago, starting with Uber and Grab in 2013 our workforce ecosystem has experienced a paradigm shift.
These Platform Operators have become an integral part of our society today and in the foreseeable future, with services offered ranging from transport, delivery services and even parcel and logistics management.
It is therefore important that we protect the interests of the platform workers to avoid what some researchers have called “precaritising workers”, leading to the exploitation of labour, unfair treatment of workers, and expanding and enduring inequalities.
However, governments around the world have found it difficult to confer protection on platform workers, given that they could be classified as independent contractors. Yet the Platform Operators also set the performance markers, the remuneration, the specific jobs, and even the routes Platform Workers are to take, via their policies and algorithms. Platform Workers may be penalised if they were to decline work assigned to them by the Platform. This is not unlike an employee in some regards.
Conversely, platform workers bear all the risks of performing the services for the Platforms - the risks of accidents, loss of income and even injury on the job to meet the platform’s requirements for service. They also bear the cost of the fuel, the rental fees, the insurance premiums, and damages to third parties when there are accidents. It seems like a lose-lose situation for platform workers because they are considered independent contractors where beneficial to the Platform Operators, but subject to restrictions imposed by the Platform Operators as though they were employees.
I am therefore heartened to see that MOM has worked with various stakeholders and tripartite partners to come up with this Bill to ensure that Platform Workers’ rights are being protected. NTUC and the Labour Movement including myself and my fellow Labour Members of Parliament and Parliamentary colleagues have been lobbying for changes to protect the rights and interests of freelancers and including Platform Workers. In my personal view, this is a landmark and watershed piece of legislation. It is landmark and watershed for 3 reasons.
First, it is the first time in history that we have a specific legislation protecting freelancers and, in this case, vulnerable platform workers. This is definitely not an easy endeavour but we have chosen to take the less trodden path to do it because it is the right thing to do.
Second, we are creating a new hybrid category of ‘workers’ through this piece of legislation, not exactly employees in an employment relationship nor fully an independent contractor as they will enjoy certain ‘employment’ rights.
Third, we are also allowing them to be represented by platform worker associations similar to unions. These are all things which many unions and jurisdictions are trying to grapple with and many have yet to achieve such a similar breakthrough in terms of scale and impact.
As raised in this House in 2017, one form of protection is allowing them to have collective representation to ensure that their voices are heard. Whilst NTUC has created several associations for Platform Workers to be collectively heard, these associations lack the right to formally represent their members in any disputes with Platform Operators. This Bill will allow Platform Workers to band together collectively to represent their viewpoints, watch for any unfairness and to negotiate with Platform Operators.
To provide effective representation, Platform Work Associations or PWAs under the Bill need to carry out elections, secret ballots and delegates conferences on a regular basis, much like how Trade Unions today are required to do so under the Trade Unions Act. However, unlike Trade Unions, PWAs will face an uphill task when organising their members and getting them together. This is due to the nature of Platform Workers and the Platform Work industry being hyperfluid in nature, where workers can join or leave the Platform without necessarily terminating the agreement with the Platform Operator. Conversely, platform workers can join new platforms, or new Platform Workers can start doing Platform Work without too much hassle, and restrictions in place. Further, platform workers by their nature also work all over Singapore, without any fixed workplace.
This hyperfluidity and delocalised work location create problems not seen in traditional trade unions. One issue relates to the conduct of Secret Ballots and the need for physical in-person votes. It is relatively straightforward for trade unions to conduct in-person secret ballots, given that most workplaces are fixed. This is not the case for platform work. I would therefore ask the Senior Minister of State to consider allowing PWAs to use digital voting for secret ballots. This will enable PWAs to reach out effectively to their members and facilitate their participation, rather than just a restricted number who manage to come on site to vote. The use of Digital voting must be safeguarded with methods to ensure transparency and security of the results and that votes remain secret. If successful, this could also be a model for digital voting in trade unions.
Mr Speaker, I observe that in the Bill many details will be prescribed in subsidiary legislation. As the idiom goes, “the devil is in the details.” I therefore ask the Ministry of Manpower to work with the Tripartite Partners and various stakeholders when finalising the subsidiary legislation, to make the Platform Workers Act effective and useful for all stakeholders and partners.
This Bill as currently tabled only looks to cover platform workers who fall under the ride hail and delivery worker categories. As the platform worker space is constantly evolving, we may see an increase in the types of platform work. Cleaners, coaches, professional caregivers, and even utility workers such as plumbers, electricians and general builders may one day utilise platforms to find and schedule work. To what extent would the Ministry be looking to expand the scope of the future Act to cover these platform operators to ensure that these workers are also protected?
I would also like to take the opportunity to clarify five points with the Senior Minister of State on the proposed Bill:
Conclusion
In conclusion, we therefore stand on the cusp of ushering in a new age for our workers, one which will see Singapore as a pioneer in ensuring that all workers have a place within this nation, not only those who are employees. We must continue to ensure that platform workers along with all workers are afforded the dignity and security they so rightfully deserve. Together, we can and shall forge a path that ensures prosperity and equity for all, and in doing so, we shall not only uplift our platform workers but also fortify the very foundations of this nation, its people, and our future. NTUC cares deeply for our platform workers. We will continue to champion their interests, because every platform worker matters.
Mr Speaker, I support this Bill.
