Although these platforms rely heavily on digitalization and automation, their operation continues to depend on human labour. This has given rise to one of the central legal questions in this field: should the individuals who provide services through digital platforms be regarded as employees, independent contractors, or as workers under another legal classification?

The absence of a specific international labour standard addressing this issue led the International Labour Organization to adopt Convention Nº 193, an international instrument aimed at promoting and regulating decent work in the platform economy. As the first international labour convention specifically devoted to work performed through digital platforms, it represents an important step toward the regulation of this emerging form of productive organization. Its binding effect, however, depends on ratification by each Member State.

The Convention is grounded in a central premise: work performed through digital platforms must also be carried out under conditions consistent with decent work. Accordingly, its scope is not limited to people formally recognized as salaried employees. Rather, it adopts a broader approach by covering individuals who provide services through digital platforms, regardless of the contractual classification assigned to them. In this sense, the Convention seeks to promote decent work for those who fall within its field of application.

One of the Convention’s main legal developments is the requirement that States adopt measures to ensure the correct classification of employment status. This does not mean that every person working through a digital platform must automatically be deemed an employee. Instead, such determination must be based on the actual circumstances under which the service is performed, rather than solely on the formal designation of the contract. This approach is consistent with the principle of primacy of reality, according to which the facts of the working relationship prevail over its formal description. In practical terms, this prevents an employment relationship from being disguised under another contractual label in order to avoid the legal obligations attached to it.

The Convention also incorporates guarantees related to fundamental rights at work, including freedom of association, collective bargaining, the elimination of forced and child labour, non-discrimination, and the right to a safe and healthy working environment. Furthermore, it recognizes the need to protect platform workers from risks associated with this form of work, such as accidents, excessive working hours, violence, harassment, pressure derived from rating systems, and automated decisions that may affect access to work.

Another significant contribution of the Convention is its treatment of algorithmic management. Digital platforms do not merely connect supply and demand; they may also assign tasks, evaluate performance, modify payment conditions, suspend accounts or restrict access to work through automated systems. For that reason, the Convention promotes greater transparency in the use of algorithms and recognizes the need for workers to obtain explanations regarding decisions that affect them. It also provides for the possibility of human review when automated decisions have a significant impact on the worker’s situation.

In economic terms, the Convention makes clear that, where an employment relationship exists, minimum labour protections must be observed. Remuneration must comply with the applicable standards under domestic law, and social security coverage must be provided under conditions no less favourable than those granted to other people with the same legal classification.

In the case of Costa Rica, at the time of writing, there is no record that the country has ratified Convention Nº 193. In addition, under the ILO’s tripartite system of participation and voting, composed of representatives of governments, employers and workers, the Costa Rican workers’ delegation voted in favour of the Convention, while the government and employers’ delegations registered abstentions.

In conclusion, Convention Nº 193 seeks to establish a minimum floor of protection for people working through digital platforms. Its purpose is not to hinder technological innovation, but rather to ensure that such innovation develops alongside labour regulation, transparency and decent work within this new form of economic organization.