Determining the Labour-Law Status of Workers Under Algorithmic Management on Digital Labour Platforms: Improving the Legislation of Uzbekistan In Light of ILO Convention No. 193
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This article examines the problem of determining the labour-law status of persons performing work through digital labour platforms under conditions of algorithmic management. ILO Convention No. 193, ILO Recommendation No. 198, Directive (EU) 2024/2831, the Labour Code of the Republic of Uzbekistan, and relevant national rules are examined comparatively. It is argued that, in the legal assessment of the relationship, priority should be given not to the title of the contract or the formal status of self-employment, but to factual indicators such as the actual organisation of work, remuneration, allocation of tasks, ratings, monitoring, sanctions, and deactivation. “Algorithmic subordination” is proposed not as an independent indicator of an employment relationship, but as a set of criteria demonstrating that the platform’s organisational and managerial authority is exercised through digital means. A two-stage legal approach is proposed for Uzbekistan: first, to provide all persons performing work through platforms with basic guarantees of algorithmic transparency and effective protection; and second, where facts evidencing management and control are established, to introduce a mechanism for determining the existence of an employment relationship on the basis of the factual circumstances.