비전형 근로자의 소정근로와 근로조건 (2) ― 플랫폼노동 : 초단기 소정근로의 근로계약 ―

Crowd workers (platform workers) such as Baeminconnect and Coupangeats food delivery workers do not have prescribed working day and prescribed working hours. Because they can work as many hours as they want on any day they want, crowd workers can decide on their own workload. Then, is there no prescribed work (mandatory work) for crowd workers? Not so. Crowd workers are subject to prescribed work from accepting a call to completing delivery. Since one food delivery is completed in ‘minutes’, which is less than an hour, it is an very short-term prescribed work. Therefore, crowd workers are employees who has signed a ‘labor contract for very short-term prescribed work’. The labor contract is concluded when ‘subscribing to the app’ is completed, and the working hours of crowd workers start when ‘app access’ is completed. That is, the waiting time from ‘app access’ to ‘call acceptance’ is included in the working time. Crowd workers are employees under the Labor Standards Act, so the minimum wage and industrial accident insurance are applied, and the employer must pay the full amount of the industrial accident insurance premiums. On the other hand, since there are no prescribed working days and the amount of work can be determined by oneself, weekly holiday pay and annual paid leave are not applied. However, since ‘weekly holiday pay’ and ‘weekly holiday guarantee’ need to be viewed separately, weekly holidays must be guaranteed from the perspective of ‘prohibition of working one day a week’. In addition, if crowd workers meet the requirements of retirement benefits, they can receive retirement benefits, but not many people will meet the requirements of retirement benefits, mainly due to the nature of crowd workers who work on the side.