16 Amendments of Carmen AVRAM related to 2021/0414(COD)
Amendment 264 #
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 and to protect workers’ fundamental rights. 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 as well as fair and just working conditions, at promoting transparency, fairness and, accountability, and preventing health and safety risks in algorithmic management, and at improving transparency in platform work, including in cross-border situations and at ensuring the right to bargain collectively. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.
Amendment 294 #
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise and trade labour, or intermediate in the organisation of work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platforminvolving computer programs and procedures. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary component.
Amendment 312 #
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 comply with national law and relevant national or sectorial collective agreements in line with the sector of activity which is to be determined by Member States in cooperation with the most representative social partners, identified in line with national law and practice.
Amendment 325 #
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 relationshipMember States should take particular care in their national policies to ensure effective protection to workers especially affected by the uncertainty as to the existence of an employment relationship, including female workers, as well as the most vulnerable workers, young workers, older workers, workers in the informal economy, migrant workers, including undocumented migrant workers, and workers with disabilities.
Amendment 359 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure that labour inspections are carried out effectively, Member States should have sufficient labour inspectors, in accordance with ILO Convention 81 on Labour Inspection and ILO Report III on the 95th International Labour Conference in 2006, which recommends that there should be one labour inspector per 10 000 workers.
Amendment 398 #
Proposal for a directive
Recital 33
Recital 33
(33) Digital labour platforms and any other undertaking should not be required to disclose the detailed functioning of their automated or semi-automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secretwhich have implications for is protected by intellectual property rights. However, the result of those considerations should not be a refusal to provide all the information required by this Directivefundamental rights and freedoms of the workers or affecting working conditions or work organisation.
Amendment 482 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘digital labour platform’ means any natural or legal person providing a commercial service which meets all of the following requirements:using automated or semi-automated processes and algorithms for intermediating, supervising or organising in any way the work performed by individuals, irrespective of whether that work is performed online or in a certain location;
Amendment 522 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘automated or semi-automated monitoring and decision-making systems’ means any system, software, or process that involves the use of data, machines and algorithms to make decisions or uses computations to aid or replace management decisions or policy that impact work organisation, working conditions, opportunities, access, freedoms, rights and safety of workers;
Amendment 534 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.
Amendment 543 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate and effective procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an 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, and ensuring that they enjoy the rights deriving from Union law applicable to workersimplement the presumption of employment relationship in line with article 4.1.
Amendment 557 #
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, which is to be determined by Member States in cooperation with the most representative social partners, identified in line with national law and practice. 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 592 #
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 bodies responsible for registering administrative procedures, verifying compliance with or enforcing relevant legislation shall be able to rely oneffectively apply that presumption.
Amendment 688 #
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 695 #
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 762 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
Amendment 765 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Member States shall regularly review assess and, where necessary, complement these conditions, in consultation with the social partners. Such proceedings shall not have suspensive effect on the application of the legal presumption.