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Algorithmic informality and its impact on collective labor law
This reflection article addresses the problem of digital divides in the context of the algorithmic management of collaborative work platforms, or gig economy, and their impact on labor law in general and on the exercise of trade union association in particular in the Colombian context. It starts from a broad concept of digital divide in which guaranteed access is not the only determining element; the development of skills and the uses of this digital interaction also contribute to inequality and facilitate imbalance in digital work relationships. The opacity in the legal characterization of these work relationships can affect labor rights and collective labor rights; in the latter respect, the fragmentation of workers and the lack of permanent interaction among them, mediated by a context of constant competition, tends to hinder the emergence and exercise of the right to organize. Based on the academic literature consulted, it is proposed that digital labor citizenship is a performative exercise with the potential to impact the current legal order and public policies aimed at guaranteeing modern collective bargaining mechanisms in the digital environment.
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