Activities of Kim VAN SPARRENTAK related to 2021/0414(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work
Amendments (131)
Amendment 168 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work and algorithmic management of work (Text with EEA relevance)
Amendment 176 #
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 180 #
Proposal for a directive
Recital 3
Recital 3
(3) Principle No 5 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 201753 , provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training; that, in accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured; and that innovative forms of work that ensure quality working conditions are to be fostered, that entrepreneurship and self- employment are to be encouraged and that occupational mobility is to be facilitated. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar54 as guidance for its implementation. __________________ 53 Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘The European Pillar of Social Rights Action Plan’, COM(2021) 102 final, 4.3.2021.
Amendment 188 #
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility and has led to employment opportunities, while also carrying some risks for employment and working conditions, putting the solidarity based social protection system for current and future generations under pressure. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms, while carrying risks for working conditions, health and safety and fundamental rights.
Amendment 200 #
Proposal for a directive
Recital 5
Recital 5
(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. By means of the algorithms, the digital labour platforms may control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.
Amendment 213 #
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, 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 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. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 226 #
Proposal for a directive
Recital 7
Recital 7
(7) Court cases in several Member 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 wayand contractual relationships with persons performing platform working various ways in order to escape their responsibilities as employers, thus increasing the lack of legal certainty over the employment status.
Amendment 236 #
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 even 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 to 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 251 #
Proposal for a directive
Recital 10
Recital 10
(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. Furthermore, the Court of Justice ruled on numerous occasions that “stand-by time”, during which the worker’s opportunities to carry out other activities are significantly restricted, shall be regarded as working time (Judgement of the Court of 21February 2018 in Ville de Nivelles v Rudy Matzak, C-518/15, ECLI: EU:C:2018:82). This line of reasoning was confirmed and elaborated in two 2021 judgments (Judgment of the Court (Grand Chamber) of 9 March 2021 in RJ v Stadt Offenbacham Main, C- 580/19, ECLI:EU:C:2021:183; Judgement of the Court (Grand Chamber) of 9 March 2021 in -D.J. v Radiotelevizija Slovenija, C-344/19, ECLI:EU:C:2021:182). The interpretation of the Court of Justice is particularly relevant for platform workers, who spend 8.9 hours per week doing unpaid tasks, such as researching tasks, waiting for assignments, participating in contests to get assignments and reviewing work ads, which is not accounted for as working time because of misclassification. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 270 #
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, non-discrimination 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 work in a sustainable manner in the Union.
Amendment 273 #
Proposal for a directive
Recital 15
Recital 15
(15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, trade unions, associations of persons performing platform work, experts from academia, Member States and international organisations and representatives of civil society.
Amendment 276 #
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 284 #
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. 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 primaronly 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 ancillarysignificant component.
Amendment 305 #
Proposal for a directive
Recital 19
Recital 19
(19) To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have appropriateffective procedures in place to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ascertain the existence of an employment relationship as defined by national law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national and international labour law, collective agreements and social protection rules. Where self- employment or an intermediate employment status – as defined at national level – is the correct employment status, rights and obligations pursuant to that status should apply.
Amendment 313 #
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 and tax legislation and collective agreements applicable in the relevant sector of activity.
Amendment 317 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Member States should ensure compliance by applying effective and dissuasive sanctions, including the suspension of the operating licence in case of persistent infringements despite prior notice and in situations of systematic abuse of workers’ rights.
Amendment 318 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) Member States should ensure that the mandate of labour inspectors applies to all persons performing platform work. Given the prevalence of misclassification, labour inspectors should be required to develop proactive controls. Labour inspectors should carry out preventive controls of new digital labour platforms to prevent the risk of misclassification.
Amendment 319 #
Proposal for a directive
Recital 22 c (new)
Recital 22 c (new)
(22c) 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 321 #
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 335 #
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely onapply that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.
Amendment 338 #
Proposal for a directive
Recital 25
Recital 25
(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, effectively determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,. At the same time, tThe criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self- employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely sSupervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood asshould also be considered as an element of controlling the performance of work.
Amendment 350 #
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 363 #
Proposal for a directive
Recital 27
Recital 27
Amendment 370 #
Proposal for a directive
Recital 28
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
Amendment 383 #
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 386 #
Proposal for a directive
Recital 32
Recital 32
(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work 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. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions.
Amendment 391 #
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 394 #
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 402 #
Proposal for a directive
Recital 35
Recital 35
(35) Digital labour platforms make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and decisions taken or supported by such systems directly affect the persons performing platform work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms should therefore regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions and health and safety, including mental health, together with a workers’ representative. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of monitoringsupervising systems should have the necessary competence, training and authority to exercise that function and should be protected from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. In addition to obligations under Article 22 of Regulation (EU) 2016/679, Article 7(1) and (3) of this Directive provides for distinct obligations of digital labour platforms in relation to human monitoringassessment of the impact of individual decisions taken or supported by automated systems, which apply as specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679.
Amendment 410 #
Proposal for a directive
Recital 37
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time. Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible,and provide adequate compensation.
Amendment 418 #
Proposal for a directive
Recital 40
Recital 40
(40) Persons who do not have an employment relationship constitute a significant part of the persons performing platform work. The impact of automated monitoring and decision-making systems used by digital labour platforms on their working conditions and their earning opportunities is similar to that on platform workers. Therefore, tThe rights in Articles 6, 7 and 8 of this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management, namely those regarding transparency on automated monitoring and decision-making systems, restrictions to process or collect personal data, human monitoringassessment and review of significant decisions, should also apply to persons in the Union performing platform work who do not have an employment contract or employment relationship. The rights pertaining to health and safety at work and information and consultation of platform workers or their representatives, which are specific to workers in view of Union law, should not apply to them. Regulation (EU) 2019/1150 provides safeguards regarding fairness and transparency for self- employed persons performing platform work, provided that they are considered business users within the meaning of that Regulation. Where such safeguards conflict with elements of specific rights and obligations laid down in this Directive, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.
Amendment 429 #
Proposal for a directive
Recital 42
Recital 42
(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration.
Amendment 438 #
Proposal for a directive
Recital 45
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create secure and encrypted digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives without digital labour platforms intercepting their communications. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications.
Amendment 447 #
Proposal for a directive
Recital 47
Recital 47
(47) Given that Article 6, Article 6a, Article 7(1) and (3) and Article 8 of this Directive provide for specific rules in the context of platform work to ensure the protection of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679 and that Article 10 of this Directive applies those safeguards also in case of persons without employment contract or employment relationship, the national supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 should be competent to monitor the application of those safeguards. Chapters VI, VII and VIII of Regulation (EU) 2016/679 should apply in terms of procedural framework for the enforcement of those safeguards, in particular as regards supervision, cooperation and consistency mechanisms, remedies, liability and penalties, including the competence to impose administrative fines up to the amount referred to in Article 83(5) of that Regulation.
Amendment 449 #
Proposal for a directive
Recital 48
Recital 48
(48) Automated monitoring and decision-making systems used in the context of platform work involve the processing of personal data and affect the working conditions and rights of persons performing platform work. They therefore raise issues of data protection law as well as labour and social protection law. Data protection supervisory authorities and relevant labour and social protection authorities should therefore cooperate in the enforcement of this Directive, including by exchanging relevant information with each other, without prejudice to the independence of data protection supervisory authorities.
Amendment 450 #
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 451 #
Proposal for a directive
Recital 49
Recital 49
(49) Since one of the objective of this Directive, namely to improve working conditions in platform work, cannot be sufficiently achieved by the Member States but can rather, by reason of the need to establish common minimum requirements, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Minimum harmonisation at Union level is necessary to improve working conditions in platform work and to protect workers’ rights across the Union considering the EU-wide dimension of many digital labour platforms, in order to avoid a Union-wide race to the bottom regarding working conditions and in order to create a level playing field for businesses that respect social standards. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 455 #
Proposal for a directive
Recital 51
Recital 51
Amendment 463 #
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 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 472 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract or employment relationship.
Amendment 489 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 494 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) it involves, as a necessary and essential component, the organisation of work performed by individuals, irrespective of whether that work is performed online or in a certain location;
Amendment 495 #
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 503 #
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 relevant contractual designation of the relationship between that individual and the digital labour platform by the parties involved;
Amendment 510 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘platform worker’ means any person performing platform work who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration toand in accordance with the case-law of the Court of Justice;
Amendment 513 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'representatives' and 'workers' representatives’' means representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers’ in an organisations or to representat them in accordance with national law and practice. The exclusives provided for by national law or practices, or both;erogatives 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 521 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘biometric data’ means biometric data within the meaning of Regulation 2016/679, meaning personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
Amendment 523 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Amendment 524 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 533 #
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 primaronly 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 542 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriatthe obligation to put 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 workers.
Amendment 552 #
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, income tax and financing of social protection shall be clearly identified in accordance with national legal systems.
Amendment 558 #
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 563 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Digital labour platforms shall ensure that their contractual relationships with persons performing platform work comply at all times with the requirements of this Directive and in particular articles 4 and 5.
Amendment 579 #
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 594 #
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 600 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 612 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 623 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 634 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 645 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 654 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 669 #
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 work ing the sustainable growth of digital labour platformscontext of an employment relationship. In particular they shall:
Amendment 689 #
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 696 #
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 699 #
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 706 #
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 711 #
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 713 #
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 719 #
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 741 #
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 749 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 753 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 778 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152 and Regulation 2021/….[Artificial Intelligence Act], Member States shall require digital labour platforms to inform platform workers of:
Amendment 781 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) automated monitoring systems which are used to support the monitoring, superviseion or evaluateion of the work performance of platform workers through electronic means;
Amendment 784 #
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 organisation of their work assignments, 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 792 #
Proposal for a directive
Article 6 – paragraph 2 – point a – point i a (new)
Article 6 – paragraph 2 – point a – point i a (new)
(ia) the aim of the automated monitoring system and how the system will achieve it
Amendment 794 #
Proposal for a directive
Article 6 – paragraph 2 – point b – point i a (new)
Article 6 – paragraph 2 – point b – point i a (new)
(ia) the aim of the automated decision- making system and how the system will achieve it;
Amendment 799 #
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 805 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Digital labour platforms shall makeprepare an extensive report containing the information referred to in paragraph 2 available toin a detailed manner available to trade unions and platform workers’ representatives and national labour authorities upon their request. The information shall be robust, complete and intelligible
Amendment 808 #
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 810 #
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. If the obligations under this Article cannot be met due to the design or nature of a certain system, a system shall not be put into use for automated monitoring or to assist decision-making or automate decision-making.
Amendment 821 #
Proposal for a directive
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) process any personal data in relation to private conversations, including exchanges with trade unions and platform workers’ representatives;
Amendment 826 #
Proposal for a directive
Article 6 – paragraph 5 – point d a (new)
Article 6 – paragraph 5 – point d a (new)
(da) process personal data for certain automated decisions including automated 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
Amendment 829 #
Proposal for a directive
Article 6 – paragraph 5 – point d b (new)
Article 6 – paragraph 5 – point d b (new)
(db) process personal data to predict, prevent or restrict the exercise of fundamental rights, notably social rights, such as the right to unionise, the right to strike or the right to information and consultation;
Amendment 831 #
Proposal for a directive
Article 6 – paragraph 5 – point d c (new)
Article 6 – paragraph 5 – point d c (new)
(dc) process personal data for constant monitoring of performance with potential detrimental effects or risk-profiling with potential detrimental effects to an individual, such as for rule breaking or fraud;
Amendment 832 #
Proposal for a directive
Article 6 – paragraph 5 – point d d (new)
Article 6 – paragraph 5 – point d d (new)
(dd) collect personal data to exploit power and information asymmetries to the detriment of workers, regardless of whether such asymmetries already exist or may be created or aggravated by the use of automated monitoring and decision- making systems themselves. In particular, automated monitoring and automated decision-making may not be used to discriminate against workers;
Amendment 833 #
Proposal for a directive
Article 6 – paragraph 5 – point d e (new)
Article 6 – paragraph 5 – point d e (new)
(de) access, collect or process any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, disability or state of health, or trade union membership and processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning a person's sex life or sexual orientation, chronic diseases or HIV status;
Amendment 834 #
Proposal for a directive
Article 6 – paragraph 5 – point d f (new)
Article 6 – paragraph 5 – point d f (new)
(df) Make use of biometric identification or verification or constant video surveillance of work performance;
Amendment 835 #
Proposal for a directive
Article 6 – paragraph 5 – point d g (new)
Article 6 – paragraph 5 – point d g (new)
(dg) access, collect or process biometrics-based data.
Amendment 836 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
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;
Amendment 840 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 844 #
Proposal for a directive
Article 7 – title
Article 7 – title
Human monitoringassessment of automated systems
Amendment 847 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regularlytogether 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 852 #
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 863 #
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 865 #
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 868 #
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 873 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that platform workers have the right to obtainreceive an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). Member States shall ensure that platform workers are provided with clear, simple and intelligible information about their right to review in this Article, the right to redress in Article 13 and right to a complaint with the national supervisory authority under Article 19a and the right to an effective remedy in Article 19b of this Directive. In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.
Amendment 883 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Where pPlatform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, they shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a sufficiently precise and adequately substantiated reply without undue delay and in any event within one week of receipt of the request.
Amendment 895 #
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 897 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. This Article shall be without prejudice to dismissal procedures or any other disciplinary procedures laid down in national law.
Amendment 906 #
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 911 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (b), (e), (f) and (g), of Directive 2002/14/EC shall apply. The rules laid down in Article 4(1), (3) and (4), Article 6 and Article 7 of Directive 2002/14/EC shall apply accordingly.
Amendment 917 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 500 plat persons performing workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.
Amendment 922 #
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 and to any other workers performing work in the Union and the individuals or undertakings they are performing work for.
Amendment 929 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms which are employers to declare work performed by persons performing platform workers to the competent labour and social protection authorities of the Member State in which the work is performed and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned. , also in order to observe their fiscal and social protection obligations according to national laws. __________________ 69 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 70 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 932 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Member States shall ensure that where digital labour platforms fail to comply with obligations referred to in paragraph 1, effective and dissuasive sanctions are applied, including the suspension of the license to operate in cases of persistently repeated infringements
Amendment 938 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Where labourIn order to ensure transparency on which digital labour platforms are active in Member States and support labour, including health and safety, social protection and other relevant authorities to 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, the European Commission and Member States shall ensure that digital labour platforms makepublish the following information available to themfor each Member State where they organise the work of persons performing platform work:
Amendment 943 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the number of persons performing platform work through the digital labour platform concerned on a regular basis and their contractual or employment status, broken down by the average weekly number of hours worked;
Amendment 945 #
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) the contractual or employment status those persons have with the digital labour platform concerned;
Amendment 946 #
Proposal for a directive
Article 12 – paragraph 1 – point a b (new)
Article 12 – paragraph 1 – point a b (new)
(ab) an aggregated overview on regional and local level of where the platform work activities take place when it concerns on-location platform work;
Amendment 948 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the general terms and conditions applicable to those contractual relationships, provided that those terms and conditions are unilaterally determined by the digital labour platform and apply to a large number of contractual relationships.
Amendment 950 #
Proposal for a directive
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
(ba) the average number of work assignments proposed, accepted and refused per week, the average remuneration per work assignment and per hour worked and the average weekly number of hours worked per person performing platform work.
Amendment 951 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The European Commission shall, through a delegated act, set up and manage a public registry where digital labour platforms can publish the information. . The information shall be updated at least every three months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified.
Amendment 955 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Labour, social protection and other relevant authorities, trade unions 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 amonth by providing a detailed and sufficiently substantiated reply.
Amendment 959 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 960 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Cooperation in cross-border cases 1. The competent labour, social security and tax authorities shall exchange information with respect to persons performing platform work in a Member State different from the country of establishment of the relevant digital labour platform. With this objective, a specific module for the exchange of information on the relevant aspects of cross-border persons performing platform work shall be set up in the Internal Market Information system (‘IMI’). 2. For cases having a cross-border relevance, the European Labour Authority shall facilitate and support cooperation between the competent national authorities in charge of monitoring the enforcement of labour mobility and social security coordination legislation, as well as to tackle undeclared work, in particular to support the provision of information to employers and workers as regards to their rights and obligations stemming from EU legislation, promote enhanced cooperation and exchange of information between Member States, and coordinate and support concerted and joint inspections.
Amendment 967 #
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, be held 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 968 #
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 969 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 971 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that trade unions and representatives of persons performing platform work or workers affected by algorithmic management or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work or workers affected by algorithmic management in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.
Amendment 974 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Representatives of persons performing platform work and workers affected by algorithmic management shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approvalin accordance with national law and practice.
Amendment 985 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform worktrade unions and workers' representatives, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications and shall provide for dissuasive sanctions in this regard.
Amendment 989 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a 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) ensuring 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 991 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that in proceedings concerning a claim regarding correct determinatthe provisions of the employment status of persons performing platform workis Directive, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, including any relevant information on automated monitoring and decision- making systems.
Amendment 1001 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Article 6, Article 7(1) and (3)6a, Article 7 and Articles 8 and 10 of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679. They shall be competent to impose administrative fines up to the amount referred to in Article 83(5) of that Regulation.
Amendment 1006 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, coordinate and cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.
Amendment 1007 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Notably, the authorities referred to in paragraph 1 and national labour and social protection authorities shall coordinate and cooperate in the supervision and enforcement of the impact assessments in Article 6a and human evaluation of systems in Article 7 to detect violation of fundamental rights, workers’ rights and health and safety, including mental health.
Amendment 1011 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 1012 #
Proposal for a directive
Article 19 b (new)
Article 19 b (new)
Article 19b Right to an effective judicial remedy against a supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, Member States shall ensure that platform workers and their representatives shall have the right to an effective judicial remedy against any legally binding decision concerning them, whether by the labour inspectorate or data protection authority. 2. Without prejudice to any other administrative or non-judicial remedy, Member States shall ensure that platform workers shall have the right to a an effective judicial remedy where the authority which is competent does not handle a complaint, does not inform the individual on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 19a(3), does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 19a(3). 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the authority is established.