[ParlTrack]

Proposal for a directive
Recital 2

(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 216 of the Charter ~~recognises the freedom~~provides for the right to cnon~~duct a business~~- discrimination.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work~~, improving productivity and enhancing flexibility, while also carrying some risks for employment and working conditions~~ and has led to employment opportunities, in particular in the transport and tourism sectors, while also carrying some risks for employment and working conditions, putting at risk the solidarity based social protection system by denying workers their fundamental social rights, social protection and access to social dialogue. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms, in particular in the transport and tourism sectors, while these systems carry risks for working conditions, health and safety and fundamental rights.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 4 a (new)

(4a) Precarious self-employment is a field of increasing concern in the digital labour platform industry, not least since the COVID-19 pandemic, which further expanded it and brought it to the forefront, as driving and delivery services in particular faced an unprecedented boom. It demonstrated the lack of social protection for these workers, many of them at the front-line of COVID risk exposure, with no availability of risk compensation, often not eligible for income support measures, whilst faced with loss of income. Therefore, platform workers need to be guaranteed access to social security, including protection for unemployment and sickness.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 5 a (new)

(5a) Platform work, especially in the delivery sector, may be detrimental for the health and safety of the persons performing work through digital platforms. Motorcyclists, cyclists, scooters drivers, are vulnerable road users who often work in unfavourable and difficult weather conditions and under speed and efficiency pressure. They are exposed to higher risk of occupational injuries, such as road collisions1a Lack of provision of required equipment by the platform and the lack of obligations to do so are causes of greater road risk exposure for workers2a. Therefore, they should be equipped with adequate protective equipment, as well as clothes and materials that would ensure their visibility in traffic. They should also receive specific training on traffic rules and road safety. Accident insurances, technical checks and maintenance and repairs of their vehicles are key to ensure that the vehicles used by the platform workers, including e-bikes, scooters and motorcycles, comply with relevant regulations and standards. _________________ 1a 42% of people performing work through delivery platforms have been involved in a collision on the road, according to a study led by Christie N. and Ward H. (2019) in “The health and safety risks for people who drive for work in the gig economy, Journal of Transport and Health,13 (1), 115-127”. 2a 18% of riders in Spain wears a helmet, possibly because of a lack of provision of it by the platform, lack of obligations to do so and personal risk-taking attitudes, according to a study led by Gaibar, L.(2021) in “Cuando ser rider es un riesgo para la salud. El Salto” (https://www.elsaltodiario.com/repartidore s/riders-falsos-autonomos-asumen-mas- riesgos-trabajo ).

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 5 b (new)

(5b) Individuals performing on- location platform work, such as in driving and delivery services are, besides the typical risk of fatigue and exhaustion, also exposed to psychosocial risks like stress and anxiety related to algorithmic management and performance monitoring of work activities, which can put excessive pressure on workers with implications for their own health and safety as well as on road safety. The algorithmic management entails more personal risk-taking attitudes on the road, which contributes to the high amount of occupational incidents, and it also affects significantly the mental health of people working through digital platforms1a. _________________ 1a Approximately 50% of people working through online platforms suffer from clinical levels of social anxiety, well above the 7-8% found in the general population, according to a study led by Bérastégui P.2021) in “Exposure to psychosocial risk factors in the gig economy: a systematic review” (https://www.etui.org/publications/exposu re-psychosocial-risk-factors-gig-economy ).

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 6

(6) Platform work can provide opportunities for accessing the labour market more easily, or for gaining additional income through a secondary activity ~~or enjoying some flexibility in the organisation of working time~~. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to unfair competition and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems as platform companies avoid paying due taxes and social contributions. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy, especially in the driving and delivery services.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 7

~~(7)~~ Court cases in several Member ~~(7)~~ States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model ~~in various way~~and contractual relationships with persons performing platform work in various ways in order to escape their responsibilities as employers, thus increasing the lack of legal certainty over the employment status.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often ~~lack~~do not have access to information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. The lack of transparency allows digital labour platforms to set working conditions and terms of employment unilaterally. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to obtain an explanation for these decisions, to discuss those decisions with a contact person or to contest them and seek redress. This creates severe power imbalances between workers and the platforms, which this Directive should counterbalance and address with strong rights for workers.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improving legal certainty, creating a level playing field between different digital labour platforms and towards offline providers of services and supporting the ~~sustainable growth of digital labour platforms~~development of platform in a sustainable manner in the Union.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 16

(16) This Directive should apply to all persons performing ~~platform~~ work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management ~~which are related to the processing of personal data should also apply to genuine self-employed and other~~should also apply to all persons performing ~~platform~~ work in the Union including those who do not have an employment relationship.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 22

(22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer, and abide by all applicable labour, social security, tax and health and safety legislation, as well as collective agreements in the relevant sector of activity.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 22 a (new)

(22a) The risk of undeclared work and consequently labour exploitation has been detected in digital labour platforms in many Member States, particularly through the rental of accounts to undocumented migrants in delivery platforms. To prevent such practices that further put access to labour and social protection at risk, Member States should introduce legal provisions on subcontracting that provide for joint and several liability and effective access to redress across subcontracting chains. Furthermore, Member States should take all necessary measures to ensure effective access to redress for undocumented migrants without fear of retaliation by immigration enforcement authorities.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 23

(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 26

(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 31 a (new)

(31a) Before each deployment of automated monitoring systems and systems to take or assist in decision- making, undertakings should perform a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle and include measures to mitigate any impact on fundamental rights, health and safety, including mental health. Where the possible impacts on fundamental rights, health and safety, including mental health, cannot be mitigated, the systems should not be put into use.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 32 a (new)

(32a) Certain decisions, such as dismissal or any other disciplinary measures should always be taken by humans, not by automated systems. Considering the impact for workers of such decisions, including their livelihood and fundamental rights, including social rights, there should always be a human responsible for these decisions. Humans should be fully responsible for these decisions and be able to explain and justify these decisions. These decisions should at no times be taken by automated systems, due to the risks to the rights of individuals, the exacerbation of power imbalances inherent to automated decision-making.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 33

(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains cCommercial secrets ~~or is~~ protected by intellectual property rights~~. However, the result of those considerations~~ should not bejustify a refusal to provide all the information required by this Directive.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 48 a (new)

(48a) As the rights and freedoms of individuals can be seriously undermined by automated monitoring or decision- making systems, it is essential that affected individuals should have meaningful access to reporting and redress mechanisms with the relevant national authority, be it the data protection authority or the labour inspectorate. They should be able to report infringements of this directive to their national supervisory authority and have the right to be heard and to be informed about the outcome of their complaint and the right to a timely decision. In addition, they should have the right to an effective remedy against competent authorities who fail to enforce these rights and the right to redress.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Recital 51

(51) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States should assess the impact of their transposition measures on start-ups and on small and medium- sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro- enterprises and to the administrative burden. Member States should also publish the results of such assessments.deleted

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve ~~the~~ working conditions of persons performing platform work by ensuring correct determination of their employment status, by ensuring their health and safety, by promoting transparency, fairness and accountability in algorithmic management ~~in platform work~~ and by improving transparency in platform work, including in cross-border situations~~, while supporting the conditions for the sustainable growth of digital labour platforms in the Union~~.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘platform work’ means any work organised or enabled through a digital labour platform and performed in the Union by an ~~individual on the basis of a contractual relationship between the digital labour platform and the~~ individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘person performing platform work’ means any individual performing platform work, irrespective of the contractual designation of the relationship between ~~that individual and the digital labour platform by~~ the parties involved;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) ‘representatives’ ~~means~~and 'workers' representative' mean representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers’ in an organisation~~s or~~ to represent~~atives provided for by national law or practices, or both;~~ them in accordance with national law and practice. The exclusive prerogatives and rights of trade unions, such as the right of trade unions to participate in collective bargaining, and to conclude collective agreements, and workers' right to organise themselves in trade unions, shall be preserved.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘micro, small or medium-sized enterprises’ means micro, small and medium-sized enterprises as defined in the Annex to Commission Recommendation 2003/361/EC68 . _________________ 68 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).deleted

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on facts, the party or parties assuming the obligations of the employer in relation to labour law including sectorial obligations established by collective agreements, tax payment and financing of social protection and insurances, including health and safety obligations, shall be clearly identified in accordance with national legal systems.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. Digital labour platforms exerting the prerogatives of employers are undertakings and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity. Platform workers shall fully enjoy the status of worker in line with national law and sectorial collective agreements, including the right to join a trade union, to organise, and bargain collectively.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 1 – introductory part

1. The ~~contractual~~ relationship between a digital labour platform that controls~~, within the meaning of paragraph 2,~~ the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship and the digital labour platform shall be presumed to be the employer. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

The legal presumption shall apply in all relevant administrative procedures and administrative and legal proceedings. Competent authorities and administrative bodies responsible for verifying compliance with or enforcing relevant legislation shall ~~be able to rely on~~apply that presumption.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 2

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two of the following: (a) effectively determining, or setting upper limits for the level of remuneration; (b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work; (c) supervising the performance of work or verifying the quality of the results of the work including by electronic means; (d) effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes; (e) effectively restricting the possibility to build a client base or to perform work for any third party.deleted

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – introductory part

3. Member States shall take ~~supporting~~all necessary measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 ~~while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and support~~in order to ensure the effective protection for workers performing platform work ing the ~~sustainable growth of digital labour platforms~~context of an employment relationship. In particular they shall:

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point c

(c) develop guidance ~~for~~and establish procedures for national competent and enforcement authorities to proactively identify, target and pursue digital labour platforms in order to ensure effective compliance with the provisions established in this directive, including by imposing dissuasive sanctions against non-compliant digital labour platforms;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point c a (new)

(ca) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption in the administrative procedures and to share data with other relevant authorities in order to apply the legal presumption in the processing and registration of contractual relations and social security related data;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point d

(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law~~, while ensuring that such controls and inspections are proportionate and non- discriminatory.~~. Member States shall be encouraged to determine every year a national target for the number of inspections to be carried out in respect of the sectors of activity in which digital labour platforms operate in order to determine the correct classification of workers;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)

(da) provide for an automatic and immediate inspection by labour inspectorates or the bodies responsible for the enforcement of labour law every time there is a detected case of misclassification or reclassification a person performing platform work is newly recognised as platform worker, in order to verify the status of all the other persons performing platform work for the same digital labour platform;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point d b (new)

(db) provide for sufficient resources and trainings for labour inspectorates or the bodies responsible for the enforcement of labour law in order to strengthen their capacities, especially in the technological field, in order to enable them to effectively comply with points (ca) and (da), also by carrying out routine and announced visits;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 3 – point d c (new)

(dc) ensuring that duly qualified technical experts and specialists, particularly with respect to algorithmic management, assist the labour inspectorates in their work when necessary.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 4 – paragraph 4

4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date without prejudice to other applicable national and Union law, in particular Directive (EU) 2019/1152.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 5 – paragraph 2

Where the digital labour platform argues that the contractual relationship in question is not an employment relationship ~~as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice~~, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 5 – paragraph 2 a (new)

Member States shall ensure that the legal presumption shall not be rebuttable unless the party seeking the rebuttal of the legal presumption demonstrates that all the following criteria are satisfied: (a) The person performing platform work is free from any control and direction of the digital labour platform in connection with the performance of the work, both under the contract for the performance of the work and in fact. (b) The person performing platform work performs work that falls outside the activities usually performed by the digital labour platform. (c) The person performing platform work is usually engaged in an independently established trade, profession or business of the same nature as that with which the work performed is related. Control and direction in connection with the performance of work within the meaning of article 5 (a) shall be understood as including, but not limited to, one of the following: - effectively determining, or setting upper limits for, the level of remuneration or issuing periodic payments of remuneration; - determining working conditions or enforcing the performance of work through sanctions, including restricting access to work, or using customer rating systems as a tool of control and basis for sanctions; - controlling or restricting the communication between the person performing platform work and the recipient of the service while and after the work is being performed or preventing the person performing platform work from developing business contacts with potential clients; - tracking or monitoring the person performing platform work; - requiring the person performing platform work to respect specific rules with regard to appearance, conduct towards the recipient of the service or performance of the work; - verifying the quality of the results of the work; - drawing consequences from such quality control or from recipients’ ratings for decisions to propose work assignments in the future, including their remuneration; - effectively restricting the time schedule or duration in which the person can choose to perform platform work; - effectively restricting the use of subcontractors or substitutes to perform the work; - effectively restricting the possibility to perform work for any third party, including other competitors of the digital labour platforms.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 5 – paragraph 3

~~Where the person performing the platform work argu~~Member States tsha~~t the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in ques~~ll regularly review assess and, where necessary, complement these conditions, ~~with~~in cons~~ider~~ultation towith the ~~case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it~~social partners. Such proceedings shall not have suspensive effect on the application of the legal presumption.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 1 – point b

(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their access to work assignments and organization of their work, pricing of individual assignments, their earnings, their occupational safety and health, their working time, or are used to support decisions affecting their promotion and their contractual status, including the restriction, suspension or termination of their account.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. Member States shall equally require digital labour platforms that the above-mentioned monitoring and decision-making systems laid down in (a) and (b) are subject to information and consultation of trade unions and collective bargaining. In accordance to Regulation (EU) 2016/679, a “data controller” (the employer) should seek the views of data subjects or their representatives when undertaking an impact assessment regarding access and process of personal data.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 2 – point b – point iv

(iv) the grounds for decisions to restrict~~, suspend or terminate~~ the platform worker’s account, to refuse the remuneration for work performed by the platform worker, o~~n the platform worker’s contractual status or any decision with similar effects~~r any decision with similar effects, the grounds for promotion of work related relationships, for task allocation and, where decision-making is supported or based on monitoring and evaluating performance, how behaviour has been evaluated and the justification for the evaluation.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 3

3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a co~~ncis~~mplete, transparent, intelligible and easily accessible form, using clear and plain language.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Digital labour platforms shall enter into collective bargaining in good faith with representative trade unions prior to putting into use automated monitoring and decision-making systems and prior to any substantial modification that may have an impact on terms of employment and working conditions.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 – paragraph 5 a (new)

5a. The protection of personal data as referred to in this paragraph shall apply to all workers from the recruitment stages before the start of the employment relationship. Digital labour platforms shall inform platform workers and trade unions and workers’ representatives, about any transfer of personal data within a group of undertakings, or a group of undertakings engaged in a joint economic activity. Member States shall ensure that digital labour platforms provide platform workers or authorised representatives with effective, free of charge portability of any data generated through their activity on the digital labour platform, personal or non-personal, in particular, by providing free of charge interfaces and tools for platform workers to facilitate effective portability of the personal data relating to them in line with Regulation EU 2016/679 and non- personal data generated through their activity as platform worker. Member States shall ensure digital labour platforms provide continuous, real-time and machine readable access to this data;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 6 a (new)

Article 6 a Fundamental rights impact assessments for digital labour platforms 1. Digital labour platforms must before deployment of an automated monitoring or automated decision-making publish a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle. This assessment shall be submitted to the competent labour authorities, the competent data protection authority and officially appointed duly qualified technical experts and specialists, particularly with respect to algorithmic management. This assessment shall include at least: a. the intended purpose for which the system will be used; b. the intended geographic and temporal scope of the system; c. the potential risks of the use to any rights and freedoms of workers, including any indirect impacts or consequences of the systems; d. the categories of natural persons and groups likely or foreseen to be affected; e. the proportionality and necessity of the system’s use; f. verification of the legality of the use of the system in accordance with Union and national law; g. any specific risk of harm likely to impact marginalised, vulnerable persons or groups at risk of discrimination, and risk of increasing existing societal inequalities; j. the governance system the deployer will put in place, including human oversight, complaint-handling and redress. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that digital labour platforms ~~regular~~together with workers' representatives regularly, and at least annually monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(1), on working conditions, including workers’ rights and health and safety, including mental health. This assessment shall be submitted to the competent labour inspectorates and the competent data protection authority. It shall also be made publicly available and shared with trade unions and workers’ representatives.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 7 – paragraph 2 – point a

(a) evaluate the risks of automated monitoring and decision-making systems to non-discrimination and data protection and the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. If the assessment under paragraph 2 finds risks to health and safety and fundamental rights that cannot be mitigated, the digital labour platform shall immediately cease the use of the system to assist decision-making or automate decision-making.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 7 – paragraph 3

3. Member States shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision- making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring, decision-making assisted by automated monitoring or automated decision-making systems or review of decisions shall have the necessary competence, training and authority to exercise that function. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 7 – paragraph 3 a (new)

3a. Where an assessment of automated systems is found to be non- compliant or manifestly incorrect, the relevant data protection authorities, national labour authorities and social authorities shall take coordinated measures to enforce this requirement.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 8 – paragraph 3 a (new)

3a. Certain automated decisions including dismissal or equivalent detriment, such as no longer being assigned work, or any preparations for a possible dismissal, for disciplinary measures and including any disciplinary measures shall always be taken by humans and not be taken by automated decision-making systems

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), or changes in the allocation or organisation of work in accordance with this Article.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 10 – paragraph 1

1. Article 6, Article ~~7(1) and (3)~~6a, Article 7, Article 8, Article 9, Article 13 and Article 18 shall also apply to persons performing platform work who do not have an employment contract or employment relationship.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Where labour, health and safety, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 12 – paragraph 1 – point b a (new)

(ba) the measures taken to ensure the health and safety of the persons performing on-location platform work in the driving and delivery services, including the number of persons who have received a training on the national Highway Code.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 12 – paragraph 1 – point b b (new)

(bb) the number of accidents and collisions that have occurred involving persons providing on-location platform work in the driving and delivery sectors while performing work tasks.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 12 – paragraph 3

3. Labour, social protection, health and safety and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 12 – paragraph 4

4. With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that the periodicity for updating information in accordance with paragraph 2 is reduced to once every year.deleted

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 13 – paragraph 1 a (new)

Member States shall ensure that in subcontracting chains, the digital labour platform of which the employer is a subcontractor can, in addition to or in place of the employer, beheld liable in legal and administrative proceedings where the person performing platform work is seeking redress for the infringement of the rights arising from this Directive.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 13 – paragraph 1 b (new)

Member States shall ensure that undocumented third country nationals performing platform work can access justice and lodge complaints to ensure the respect of the rights arising from this Directive without fearing retaliation or risk for detention and/or deportation.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 15 a (new)

Article 15 a Promotion of the right to collective bargaining in platform work With a view to improve the working conditions of persons performing platform work, Member States shall promote the right to collective bargaining by: (a) prohibiting and taking measures to prevent all acts which undermine the right of persons performing platform work to join a trade union or to obstruct them from doing so, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining; (b) ensuring that employers provide trade union representatives with appropriate information and facilities, in order to enable them to carry out their functions; (c) ensure that trade unions have the right to access the workplace and the workers, including through digital access, to meet and contact workers individually or collectively for the purpose of organising and representing workers in collective bargaining.

2022/06/27
Committee: TRAN

Tilly METZ

Proposal for a directive
Article 15 b (new)

Article 15 b Work equipment and safety for persons performing platform work 1. The digital labour platform shall clearly indicate to persons performing platform work the necessary equipment needed to fulfil the task, including the legally required safety equipment, especially to those persons using vehicles while performing platform work. The list of equipment shall be included in the employment contract and it should specify whether this equipment is provided by the digital labour platform or if the worker shall use their own equipment. The digital labour platform is responsible for providing all necessary information and maintenance services for ensuring that the equipment is kept adequate for the task and fulfil legally required health and safety regulations and standards. In addition, persons performing platform work who use bicycles, motorcycles, scooters and mopeds shall be equipped with an adequate helmet, rain protection, protective footwear and high visibility vest. 2. When persons performing platform work are required to use their privately owned equipment for work, they shall be duly compensated. This may include: a) compensation for costs related to the use of the equipment b) compensation for maintenance, technical checks and reparations of equipment, including for vehicles c) remuneration for "wear and tear" d) replacement equipment, including vehicle, in case the original equipment is undergoing reparation or maintenance 3. Digital labour platforms shall undertake a work-related risk assessment according to the principles of prevention, in accordance to Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work. In particular, digital labour platforms in driving and delivery services, should make a risk assessment of the transport performed by the persons performing platform work and develop effective preventive measures to mitigate work-related road safety risks, including measures against speeding, fatigue and distraction. 4. For the safety of the persons performing on-location platform work in the driving and delivery services, and for the safety of other road users, the digital labour platform shall check the ‘competence’ of new employees to fulfil the task and provide workers with a mandatory training on road safety and the essentials of the national Highway Code free of charge and during their working hours. 5. Digital labour platforms shall ensure the compliance of the daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles in accordance to Regulation 561/2006/EC. “Stand-by time”, during which the worker’s opportunities to carry out other activities are significantly restricted, shall be regarded as working time. 6. Digital labour platforms shall notify all collisions leading to death and serious injuries occurred involving the persons performing platform work while performing their tasks to the responsible authorities.

2022/06/27
Committee: TRAN

64 Amendments of Tilly METZ related to 2021/0414(COD)

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