14 Amendments of Roberts ZĪLE related to 2021/0414(COD)
Amendment 25 #
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. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms and have created economic opportunity for hundreds of thousands of EU citizens and businesses while offering choice and value to consumers in the EU.
Amendment 29 #
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 and artificial intelligence, the digital labour platforms mayare creating efficiencies that benefit the individuals, businesses and consumers and they may exert 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 40 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Therefore, the proposed solutions should help platform workers to continue their professional activities with their preferred flexibility to organise and control their own status (e.g. as an additional source of income), workload and schedule.
Amendment 41 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
Amendment 43 #
Proposal for a directive
Recital 7
Recital 7
(7) Court cases in several Member States have shown the persistencecases 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, with different national definitions of employee and employment relationship, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status.
Amendment 46 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The allocation of work through algorithms, an essential feature of the business model of many platforms, can have a very negative impact on working conditions. Often the allocation of work is not transparent and perceived as unfair by those working through the platform. In practice, these individuals are often on standby waiting for a job assignment and feel that competition is high, which can cause stress and worsen their work-life balance. In addition, this can lead to a reduction in autonomy and control of the work done through the platform. However, it should be noted that this does not apply to all platforms equally.
Amendment 47 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The popularity of some platforms, in particular transport and food delivery, increased significantly during the pandemic, mainly because they provided access to certain services during a period of isolation. According to research, more than 60% of EU residents say that, even after the COVID-19 crisis, they do not intend to stop using online services, including, for instance, the possibility of ordering meals online.
Amendment 49 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
Amendment 50 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Platforms with their origin outside the EU play an important role in the EU. Platform economy (23% of active platforms and 49% in terms of earnings). Most of these platforms intermediating on-location services nevertheless have an office in the EU, whereas the platforms intermediating online services tend not to have an office in the EU. In total, less than a tenth of the work done through platforms is provided through platforms without an office in the EU1g. __________________ 1g Digital Labour Platforms in the EU. Mapping and Business Models, p.8
Amendment 51 #
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) The large majority of people working through the selected platforms are, according to the information available, free to choose and change their working time, in that they themselves can log onto the platform when they like or can choose their hours of availability. Only an estimated 3% of earnings of people working through selected platforms are locked into an agreed working time. Moreover, none of the platforms surveyed included an ‘exclusivity of services’ provision in their T&Cs1h. __________________ 1h Digital Labour Platforms in the EU. Mapping and Business Models, p.11
Amendment 52 #
Proposal for a directive
Recital 11
Recital 11
(11) Council Recommendation 2019/C 387/0158 on access to social protection for workers and the self-employed recommends Member States to take measures ensuring formal and effective coverage, adequacy and transparency of social protection schemes for all workers and self-employed. Member States currently have varying degrees of providing social protection to the self- employed and the issue of social security remains an exclusive competence of the Member States. _________________ 58 Council Recommendation of 8 November 2019 on access to social protection for workers and the self- employed (2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).
Amendment 62 #
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 72 #
Proposal for a directive
Recital 26
Recital 26
(26) Effective implementation of the legal presumptioncorrect determination of the employment status 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 99 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. 2 a. Member States shall take supporting measures to ensure the correct determination of the employment status referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self- employed and supporting the sustainable growth of digital labour platforms. In particular they shall: (a) ensure that information on the correct determination of the employment status is made publicly available in a clear, comprehensive and easily accessible way; (b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the correct determination of the employment status including on the procedures for rebutting it; (c) develop guidance for enforcement authorities to proactively target and pursue non-compliant digital labour platforms; (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.