Over the past decade, there has been a significant rise in what is commonly referred to as
the ‘gig economy.’ This term describes a growing sector of the workforce made up of
individuals who work on a temporary or freelance basis, often through online platforms
that connect them with clients or customers. The gig economy has also raised concerns
about worker rights and protections. Many gig workers are classified as independent
contractors rather than employees, which means that they are not entitled to benefits such
as health insurance, paid time off, or minimum wage protections. Moreover, the
contractual relationship between gig workers and the platforms they work for can be
opaque and difficult to navigate, raising questions about the fairness of these
arrangements. This paper primarily analyses the arbitration agreement between gig
workers and Ola with a focus on the terms such as unilateral appointment of arbitrators
and the adhesion nature of such agreements. Such arbitration agreements have been subject to a series of lawsuits, the most recent being Uber v. Heller. Ultimately, the paper
underscores the importance of protecting the rights of gig workers, who often face significant power imbalances when negotiating with large platforms, and calls for greater scrutiny of arbitration agreements to ensure that they are truly fair and just.
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