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The legal status of “employee” determines whether or not an individual is entitled to a significant package of work-related rights. The Ministry of Business Innovation and Employment (MBIE) are seeking recommendations on whether law reform is required around this. They are particularly concerned about the implications of “work on demand apps” which make it possible for workers to learn about ad hoc jobs, such as driving. Uber is a well-known example of this phenomenon.

Required:

Write a letter to MBIE in which you

1.briefly describe the implications of “work on demand apps” and then, in the light of the implications you have identified, either:

2.describe and justify with reasons a specific law change you consider would be an appropriate response: OR

3.provide a reasoned argument for why the law should stay as it is.

Legal Status of Employees and Work-related Rights

To

MBIE,

15th September 2018

Respected Sir | Madam,

The paper introduces the letter by evaluating the legal status of the employees and reflecting their work-related rights along with the need and development of the "Work on-demand apps." The letter will help in reflecting the implications of these apps, and then it will provide justifications regarding the need for appropriate changes to enhance the effectiveness of the entire work processes. Examples have been provided from Uber and Fiver to understand the desired requirement of bringing changes in the monitoring and controlling of the employees and the workers by their respective employers.   

The concept of work on demands seems to be very useful as it helps in transiting the desired and the accurate data at the instance of the concerned workplace.  It is important for the Ministry of Business Innovation and Employment (MBIE) to evaluate the effective suggestions and recommendations to enhance the overall effectiveness of this application (Bova, Jonge, & Guglielmi, 2015).  It has been the significant increase in the utilization of this application by various companies to enhance the overall satisfaction level of the employees at their concerned workplaces.  As per De Stefano, (2015), there are many of the well-known applications like TaskRabbit which is a great way of earning money. There are different areas where people can work as per their skills, creative ad knowledge with the help of this application. The primary intention of developing these work on-demand applications are to foster the desired growth of the people by utilizing their skills and knowledge at the concerned workplaces in various ways. There are different work available on this application starting from grabbing something to lifting heavy things or painting a wall (Fudge, 2018). There are three of the crucial effects of the on-demand growing economy which has generated the great amount of impact on the concerned people; these are extreme personalization, workplace flexibility and the greater means of independence for the people concerned. One of the implications of these apps is that the workers learn more about various jobs and this helps in evaluating the desired effectiveness throughout their concerned workplaces. Another implication is that the application helps in managing the desired schedule of the timings for the employees as per the stability and choices which generates a positive impact on the work-life balance of the employees.  According to Graham, Hjorth, & Lehdonvirta, (2017), another example can be taken from Fiver which helps in establishing the desired relationships among the customers and the worker by providing suitable as per people’s requirement. Another implication of using these applications is that it helps in maintaining the work-life balance as well as provides the desired platform to work as per people's creativity and knowledge (Hessels, Rietveld, & van der Zwan, 2017). The development of the gig economy provides several advantages like it places the degree of separation among the concerned traditional employer or the respective employees and helps in enhancing the relationship between the employee and the customers and the employees and the employer.

Implications of Work on Demand Apps

As per the law of Right to Work in New Zealand, the facts evaluates that there are four basic areas where the focus should be laid. These are protection from the unemployment, pathways to work, a transition from the labor market and the on job issues (Priem, Wenzel, & Koch, 2018). The right to work effectively reflects the fact that work is not solely defined as the source of income which provides the basic requirements in life but retains the satisfying social, intellectual as well as he personal needs (Sarina & Riley, 2018). Therefore, the implication of using the work on demand applications also signifies the same because work has been requested from the concerned worker on demand of it.

As per my opinion, there should not be any major changes in the law as it provides the correct framework for the execution of the concerned work processes.  It refers to the framework where there is accountability, non-discrimination, agreed with the norms of human rights, empowerment and active participation from the respective people. As per Singla, Ahuja, & Sethi, (2017), the changes are required for monitoring and controlling of the workers by the respected employers under strict supervisor. The use of the work on demands applications also gets satisfied with the law of the right to work as it aims in fulfilling the desired social and personal needs of the concerned human beings (Stewart & Stanford, 2017).  The use of these apps reflect the protection from unemployment and provides the appropriate platform to highlight personal creativity as well as knowledge and execute the work processes as per the satisfaction level of the customers. Considering the case of Uber, it becomes mandatory for the owners to look after the respective employees and the drivers so that the power and control remain in the right hand (Wu, 2016). There need to be a few modifications regarding the enhancement of the security control systems for not misusing the details and the status or the private data of the user's or the customers by the divers. Furthermore, the law effectively provides the areas like accountability and promotes the learning by the use of the work on-demand applications as it helps in enhancing the learning processes for different people like the drivers in case of the Uber case. Considering the common law, there need to be little changes regarding the length of the time where the work needs to be performed or regarding the method of payment or the execution of the work processes under the strict supervision of the employer.

Recommendations for Monitoring and Controlling of Workers

Moreover, there is another case revealing the survival of the employees and the contractors in the gig economy. The execution and growth of the gig economy reveal businesses to connect the various end users as well as the concerned service providers on the timely basis. One of the significant advantages is that this gig economy helps in providing financial senses which increases the work flexibility and avoids the different types of the costs associated with the respective employment model.   Moreover, the New Zealand’s present model is binary that is laying its desired focus on the minimum entitlements as well as the termination restrictions which brings r the independent contractor model concerning with the controlling of the respective workers on the job processes. There need to be a few changes regarding the controlling and monitoring of the workers under the strict supervision of the employees.    

It is strongly recommended that there is crucial need to bring the major change in the controlling and powering of the employees and the workers by their concerned employers as it will help in enhancing the work processes by the use of work on demands apps. The law followed in New Zealand provides flexibility and accountability to execute the work processes under the "Right to Work." It is to be recommended to keep the data and the privacy of the consumers as per their satisfaction level and therefore, there need to be little changes in the law where the supervision on the workers as well as the employees can be done.

The paper effectively concludes the facts associated with the development of growth of the gig economy where the requirement of on-demand work apps has increased significantly. Throughout, New Zealand, the courts remained faced with the respective binary employee/contractor model. The law under “Right to work” provides accountability for the employees and the employer to enhance their working relationship but little changes are required in monitoring and controlling the work activities of the employees or the workers by the employers.      

Thanks and Regards

Yours Faithfully

References

Bova, N., De Jonge, J., & Guglielmi, D. (2015). The Demand?Induced Strain Compensation Questionnaire: A Cross?national Validation Study. Stress and Health, 31(3), 236-244.

De Stefano, V. (2015). The rise of the just-in-time workforce: On-demand work, crowd work, and labor protection in the gig-economy. Comp. Lab. L. & Pol'y J., 37, 471.

Fudge, J. (2018). Regulating for decent work in a global economy. New Zealand Journal of Employment Relations, 43(2), 10.

Graham, M., Hjorth, I., & Lehdonvirta, V. (2017). Digital labor and development: impacts of global digital labor platforms and the gig economy on worker livelihoods. Transfer: European Review of Labour and Research, 23(2), 135-162.

Hessels, J., Rietveld, C. A., & van der Zwan, P. (2017). Self-employment and work-related stress: The mediating role of job control and job demand. Journal of Business Venturing, 32(2), 178-196.

Priem, R. L., Wenzel, M., & Koch, J. (2018). Demand-side strategy and business models: Putting value creation for consumers center stage. Long range planning, 51(1), 22-31.

Sarina, T., & Riley, J. (2018). Re-crafting the enterprise for the gig-economy. New Zealand Journal of Employment Relations, 43(2), 27.

Singla, A., Ahuja, I. P. S., & Sethi, A. P. S. (2017). The effects of demand pull strategies on sustainable development in manufacturing industries. International Journal of Innovations in Engineering and Technology, 8(2), 27-34.

Stewart, A., & Stanford, J. (2017). Regulating work in the gig economy: What are the options?. The Economic and Labour Relations Review, 28(3), 420-437.

Wu, C. H. (2016). Personality change via work: A job demand-control model of Big-five personality changes. Journal of Vocational Behavior, 92, 157-166. 

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[Accessed 24 May 2024].

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