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Should the gig economy be regulated in Sri Lanka? -A legal analysis to the gig economy in Sri Lanka comparative with the United Kingdom and other Jurisdictions

Should the gig economy be regulated in Sri Lanka? -A legal analysis to the gig economy in Sri Lanka comparative with the United Kingdom and other Jurisdictions

By P W Dishan Senarathne

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Date: 2022
Supervisor: Dharshana Sumanadasa 

Abstract

Gig economy is a new form of work rapidly growing worldwide simultaneously to the rapid globalization with the communication technology. The more rapid it grows the more irregular it becomes which can exploit the rights of the gig workers. Starting since the beginning of the last decade the gig economy exponentially rose during the covid 19 lockdown seasons all over the world. It has many benefits such as flexibility of working arrangements and work life balance but on the other hand there is a greater caution of exploitation of rights by the app provider companies by misclassifying the gig workers as independent contractors which set the gig workers in a state where they don’t receive employee benefits such as minimum wage, paid leaves, and compensation. As well as in the other countries, Sri Lankan gig market is also embracing the same pros and cons due to its rapid development in the country. Hence, this article studies the employment rights available for the employees and the major obstacles that the gig workers are having in being entitled for those employee rights in Sri Lanka in contrast with the situation in the UK while observing the approaches taken by the USA and Canada in resolving the problems at the interference of the law. Consequently, this doctrinal research explores proper measures which can be adopted to our legal system in order to regulate the gig market and protect the gig workers’ rights in Sri Lankan jurisdiction.

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