The New South Wales opposition says it would better protect workers in the gig economy, if elected. 

New South Wales Labor says it would overhaul industrial relations legislation to “modernise” the law to account for surging numbers of workers in on-demand contract-style employment such as food delivery drivers.

It will take a plan to next year's election that includes a workers compensation style scheme for people employed in gig economy jobs, and a portable leave entitlement scheme that will extend to workers in the disability and community services sector.

“They are long overdue,” Opposition leader Chris Minns said.

“This is sending a message to the wider community and economy that we will protect workers in the new economy, and we've got a plan for the future of work in New South Wales.”

Particular focus has been placed on gig economy workers in NSW after five food delivery drivers died in 2020. 

A landmark court ruling was made in regard to one of the drivers, Xiaojun Chen, who was hit by a bus and killed in Sydney while riding his motorbike for Hungry Panda.

The court determined that Mr Chen was an employee, not a contractor, and ruled that his widow and children, who live in China, were entitled to an $830,000 payout.

At the time, NSW Workplace Relations Minister Damien Tudehope acknowledged the government needed to develop news policies for the gig economy.

Shadow Treasurer Daniel Mookhey - who is also the chair of a parliamentary committee that is examining the gig economy - says not much has happened since then.

“For nearly a decade now the gig economy has been allowed to proliferate in New South Wales,” he said.

“But we haven't overhauled our laws to keep up.”

The inquiry made 22 recommendations, some of which are included in Labor's new plan, and four of which have been taken up by the current state government. 

SafeWork NSW has issued new guidance material and regulations for food delivery drivers.