Activities of Tilly METZ related to 2021/0414(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work
Amendments (64)
Amendment 20 #
Proposal for a directive
Recital 2
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 freedomprovides for the right to cnonduct a business- discrimination.
Amendment 23 #
Proposal for a directive
Recital 4
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.
Amendment 26 #
Proposal for a directive
Recital 4 a (new)
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.
Amendment 30 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
Amendment 33 #
Proposal for a directive
Recital 5 b (new)
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 ).
Amendment 38 #
Proposal for a directive
Recital 6
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.
Amendment 42 #
Proposal for a directive
Recital 7
Recital 7
Amendment 45 #
Proposal for a directive
Recital 8
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 lackdo 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.
Amendment 53 #
Proposal for a directive
Recital 13
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 platformsdevelopment of platform in a sustainable manner in the Union.
Amendment 55 #
Proposal for a directive
Recital 16
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 othershould also apply to all persons performing platform work in the Union including those who do not have an employment relationship.
Amendment 60 #
Proposal for a directive
Recital 22
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.
Amendment 61 #
Proposal for a directive
Recital 22 a (new)
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.
Amendment 63 #
Proposal for a directive
Recital 23
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.
Amendment 71 #
Proposal for a directive
Recital 26
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.
Amendment 76 #
Proposal for a directive
Recital 31 a (new)
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.
Amendment 77 #
Proposal for a directive
Recital 32 a (new)
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.
Amendment 78 #
Proposal for a directive
Recital 33
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.
Amendment 81 #
Proposal for a directive
Recital 48 a (new)
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.
Amendment 82 #
Proposal for a directive
Recital 51
Recital 51
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1
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.
Amendment 89 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
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;
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
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;
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘representatives’ meansand 'workers' representative' mean representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers’ in an organisations or to representatives 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.
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 2
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.
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
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.
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
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.
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
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 onapply that presumption.
Amendment 111 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supportingall 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 supportin order to ensure the effective protection for workers performing platform work ing the sustainable growth of digital labour platformscontext of an employment relationship. In particular they shall:
Amendment 137 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) develop guidance forand 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;
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 3 – point c a (new)
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;
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 3 – point d
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;
Amendment 142 #
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
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;
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 3 – point d b (new)
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;
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 3 – point d c (new)
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.
Amendment 147 #
Proposal for a directive
Article 4 – paragraph 4
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.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2
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.
Amendment 153 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 164 #
Proposal for a directive
Article 6 – paragraph 1 – point b
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.
Amendment 165 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
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.
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 2 – point b – point iv
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, on the platform worker’s contractual status or any decision with similar effectsr 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.
Amendment 167 #
Proposal for a directive
Article 6 – paragraph 3
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 concismplete, transparent, intelligible and easily accessible form, using clear and plain language.
Amendment 168 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
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.
Amendment 169 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
Amendment 170 #
Proposal for a directive
Article 6 a (new)
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.
Amendment 172 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regulartogether 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.
Amendment 173 #
Proposal for a directive
Article 7 – paragraph 2 – point a
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;
Amendment 174 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
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.
Amendment 175 #
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 176 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
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.
Amendment 177 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
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
Amendment 180 #
Proposal for a directive
Article 9 – paragraph 1
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.
Amendment 184 #
Proposal for a directive
Article 10 – paragraph 1
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.
Amendment 186 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
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:
Amendment 187 #
Proposal for a directive
Article 12 – paragraph 1 – point b a (new)
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.
Amendment 188 #
Proposal for a directive
Article 12 – paragraph 1 – point b b (new)
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.
Amendment 189 #
Proposal for a directive
Article 12 – paragraph 3
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.
Amendment 190 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 192 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
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.
Amendment 193 #
Proposal for a directive
Article 13 – paragraph 1 b (new)
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.
Amendment 195 #
Proposal for a directive
Article 15 a (new)
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.
Amendment 196 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)