2021/0414(COD) | [ParlTrack]

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 1002 #

Proposal for a directive
Article 19 – paragraph 1 a (new)

1a. The authorities referred to in paragraph 1 and the national labour and social protection authorities shall, where relevant, cooperate in the application of this Directive, within the remit of their respective competences, in particular where questions arise concerning the impact of automated monitoring and decision-making systems on working conditions.

Amendment 1003 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 19 – paragraph 2

2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, 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. This cooperation should also include cross-border cooperation in the form of assistance, support and the exchange of information between authorities to achieve effective cross- border application. The labour inspectorate or the other law enforcement authorities should be fully equipped and sufficiently resourced to carry out the relevant investigations filed by the digital labour platform.

Amendment 1004 #

Proposal for a directive
Article 19 – paragraph 2

2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall seek ways of carrying out annual inspections and, where relevant, 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 and define the extent of sanctions for non-compliance.

Amendment 1005 #

Proposal for a directive
Article 19 – paragraph 2

Amendment 1006 #

Proposal for a directive
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 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 1008 #

Proposal for a directive
Article 19 – paragraph 2 a (new)

2a. Platform workers should have the right to complain against digital labour platforms, including in cross-border disputes, to which the Rome I and Brussels I Regulation should apply.

Amendment 1009 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 19 – paragraph 3

3. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to provisions of this Directive other than those referred to in paragraph 1 or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for should be subject to review throughout the application of the directive, to ensure they remain an effective deterrent. Digital labour platforms that break the law should, among other penalties, be denied access to public money and public procurement.

Amendment 1010 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 19 – paragraph 3 a (new)

3a. For the purposes of applying the law, and without prejudice to the rights to information under Article 11 and Article 12.2, digital labour platforms should be entered in the appropriate public business register, along with information on all digital labour platforms operating in the country. This information should include, inter alia, the company’s headcount, status and turnover.

Amendment 1011 #

Proposal for a directive
Article 19 a (new)

Article 19a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, Member States shall ensure that platform workers shall have the right to lodge a complaint with the relevant supervisory authority, be it the labour inspectorate or the data protection authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of this Directive. 2. Member States shall ensure that complainants shall have a right to be heard in the complaint handling procedure and in the context of any investigations or deliberations conducted by the competent supervisory authority as a result of their complaint. 3. Member States shall ensure that supervisory authorities shall inform complainants or their representatives about the progress and outcome of their complaints. In particular, supervisory authorities shall take all the necessary actions to follow up on the complaints they receive and, within three months of the reception of a complaint, give the complainants a preliminary response indicating the measures they intend to take and the next steps in the procedure, if any. 4. Member States shall ensure that the supervisory authority shall take a decision on the complaint without delay and no later than six months after the date on which the complaint was lodged. The supervisory authority will inform the platform worker about the right to an effective judicial remedy against a supervisory authority under Article 19b.

Amendment 1012 #

Proposal for a directive
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.

Amendment 1013 #

Sara SKYTTEDAL, Tomas TOBÉ, Jörgen WARBORN, David LEGA, Arba KOKALARI, Pernille WEISS, Angelika WINZIG, Lukas MANDL, Christian SAGARTZ, Barbara THALER

Proposal for a directive
Article 20 – paragraph 1

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the freedom of the social partners to negotiate and conclude collective agreements.

Amendment 1014 #

Proposal for a directive
Article 20 – paragraph 1 a (new)

1a. The transposition of this Directive by each Member State shall not conflict with existing provisions of laws or agreements more favourable to workers.

Amendment 1015 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 20 – paragraph 1 b (new)

1b. The transposition of this Directive shall in no way condition the provisions of laws and agreements that have been adopted in a Member State and are more favourable to workers.

Amendment 1016 #

Proposal for a directive
Article 20 – paragraph 2

2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.

Amendment 1017 #

Sara SKYTTEDAL, Tomas TOBÉ, Jörgen WARBORN, David LEGA, Arba KOKALARI, Pernille WEISS, Angelika WINZIG, Lukas MANDL, Christian SAGARTZ, Barbara THALER, Simone SCHMIEDTBAUER, Alexander BERNHUBER, Jarosław DUDA, Jessica POLFJÄRD

Proposal for a directive
Article 20 – paragraph 2

2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements ~~which are more favourable to platform workers~~, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.

Amendment 1018 #

Proposal for a directive
Article 20 – paragraph 2

2. This Directive exhaustively regulates the distinction between service providers and employees working for platform operators, without prejudice to the case law of national courts and the Court of Justice of the European Union. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions ~~which are more favourable to platform workers~~, or to encourage or permit the application of collective agreements, which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market. regard of other aspects of platform work.

Amendment 1019 #

Proposal for a directive
Article 20 a (new)

Article 20a Dissemination of information Member States shall ensure that the national measures transposing this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1, are brought to the attention of persons performing platform work and digital labour platforms, including SMEs as well as to the general public. This information should be provided in a comprehensive and easily accessible way, including to persons with disabilities and where necessary in the most relevant language(s), as determined by the Member State.

Amendment 1020 #

Proposal for a directive
Article 20 a (new)

Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.

Amendment 1021 #

Proposal for a directive
Article 20 a (new)

Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.

Amendment 1022 #

Proposal for a directive
Article 20 a (new)

Article 20a Collective bargaining Member States shall take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.

Amendment 1023 #

Proposal for a directive
Article 21 – paragraph 4

4. Member States may entrust the social partners with the implementation of this Directive including via collective bargaining negotiations, where the social partners jointly request to do so and provided that Member States take all necessary steps to ensure that they can at all times guarantee the results sought under this Directive.

Amendment 164 #

Guido REIL

Proposal for a directive
–

– The European Parliament rejects the Commission proposal.

Amendment 165 #

Proposal for a directive
–

— The European Parliament rejects the Commission proposal (COM(2021)0762);

Amendment 166 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Draft legislative resolution
Citation 2

— having regard to Article 294(2) and Article 153(2), point (b), in conjunction with Article 153(1), point (b) and point (d), and Article 16(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- C9-0454/2021),

Amendment 167 #

Draft legislative resolution
Citation 2

— having regard to Article 294(2) and Article 153(2), point (b), in conjunction with Article 153(1), points (b), (c) and (d), and Article 16(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- C9-0454/2021),

Amendment 168 #

Proposal for a directive
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 169 #

Proposal for a directive
Citation 5 a (new)

— having regard to the Commission Communication on draft Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (C(2021) 8838);

Amendment 170 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU, Max ORVILLE, Ilana CICUREL, Marie-Pierre VEDRENNE, Véronique TRILLET-LENOIR, Atidzhe ALIEVA-VELI, Irena JOVEVA

Proposal for a directive
Citation 5 b (new)

— having regard to the Commission Staff Working Document Impact Assessment Report (SWD(2021 396);

Amendment 171 #

Proposal for a directive
Recital 1

(1) Pursuant to Article 3 of the Treaty on European Union, the objectives of the Union are, amongst others, to promote the well-being of its peoples and to work for the sustainable development of Europe based on balanced economic growth, a highly competitive social market economy, aiming at full employment and social progress.

Amendment 172 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU, Max ORVILLE, Ilana CICUREL, Marie-Pierre VEDRENNE, Véronique TRILLET-LENOIR, Abir AL-SAHLANI, Irena JOVEVA, Atidzhe ALIEVA-VELI

Proposal for a directive
Recital 2

(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to fair and just 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~~as well as access to data which has been collected concerning him or her and the right to have it rectified. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 15 recognises that everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. Article 16 of the Charter recognises the freedom to conduct a business.

Amendment 173 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Anne SANDER, Christian SAGARTZ

Proposal for a directive
Recital 2

(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 315 of the Charter provides ~~for~~to the right to work and to pursue a freely chosen or accepted occupation as well as to provide services. Article 31 of the Charter supplements the right to work with 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 16 of the Charter recognises the freedom to conduct a business.

Amendment 174 #

Proposal for a directive
Recital 2

(2) ~~This Directive respects fundamental rights and observes the principles recognised in particular by~~Article 31 of 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 16 of the Charter recognises the freedom to conduct a business.

Amendment 175 #

Proposal for a directive
Recital 2

Amendment 176 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 2

Amendment 177 #

Proposal for a directive
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, and advocates preventing employment relationships that lead to precarious working conditions, including by prohibiting the abuse of atypical contracts. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar 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 178 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Anne SANDER, Christian SAGARTZ

Proposal for a directive
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, thus strongly reaffirming the right under Article 15 of the Charter of Fundamental Rights and the basic freedom of choice every person enjoys when engaging in work and the fundamental principle of free market initiative, including on the labour market. 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 179 #

Proposal for a directive
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 and that employment relationships that lead to precarious working conditions shall be prevented, including by prohibiting abuse of atypical contracts. 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 180 #

Proposal for a directive
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 181 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 182 #

Proposal for a directive
Recital 3 a (new)

(3a) Principle No 7 of the European Pillar of Social Rights provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, that prior to any dismissal, workers have the right to be informed of the reasons and be granted a reasonable period of notice and the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle No 10 provides that workers have the right to a high level of protection of their health and safety at work and the right to have their personal data protected in the employment context. Principle No 12 provides that regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.

Amendment 183 #

Proposal for a directive
Recital 3 a (new)

(3a) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal prior to it happening and given a reasonable notice period and, lastly, that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.

Amendment 184 #

Ilan DE BASSO, Heléne FRITZON, Marianne VIND

Proposal for a directive
Recital 3 a (new)

(3a) Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union introduces new minimum rights and new rules on information to be provided to workers regarding working conditions. The full and correct application of the Directive should also help achieve the objective of responding to new labour market challenges arising from demographic developments, digitalisation and new forms of work.

Amendment 185 #

Proposal for a directive
Recital 3 a (new)

(3a) Principle No 8 of the European Pillar of Social Rights provides that the social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.

Amendment 186 #

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work, bringing workers and employers advantages such as creating new employment and business opportunities, improving productivity and enhancing flexibility as well as increasing consumer choice, while also ~~carry~~posing some risks for employment and working conditions including lack of or difficult access to adequate social protection and a lack of occupational health and safety. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms but can produce power imbalances and opacity about decision-making, as well as technology-enabled surveillance which could exacerbate discriminatory practices and entail risks for privacy, workers´ health and safety and human dignity.

Amendment 187 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work, ~~improving productivity and~~ enhancing flexibility, whether desired or not, while also carrying ~~some~~ risks for employment and working conditions, health and safety in the workplace, the protection of the fundamental right to privacy, tax law, and labour law in general. Algorithm-based technologies, including automated and semi-automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms. However, the architecture or the configuration of the business model of digital labour platforms has adverse effects on workers and often gives rise to poor working conditions, the circumvention of labour law, greater casualisation of labour and worker exploitation.

Amendment 188 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 189 #

Proposal for a directive
Recital 4

Amendment 190 #

Proposal for a directive
Recital 4

Amendment 191 #

Proposal for a directive
Recital 4

Amendment 192 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 4 a (new)

(4a) The aim of this Directive is to improve the working conditions and social rights of people working via digital platforms, with a view to promote the conditions for sustainable growth of digital work platforms in the European Union. In order to achieve this, persons working via a digital work platform should be given the legal employment status, to access the applicable national labour and social protection laws. Fairness, transparency and accountability in algorithmic management in the context of platform work should be insured, as well to promote traceability and awareness for developments in platform work.

Amendment 193 #

Proposal for a directive
Recital 4 a (new)

(4a) New forms of digital interaction and new technologies in the world of work create opportunities for access to the labour market generally as well as in specific fields, in particular for people who traditionally lacked such access, including people with disabilities, young people and people with lower skill levels and this access should be fostered in the future in order to support a sustainable income and a decent standard of living for disadvantaged groups.

Amendment 194 #

Proposal for a directive
Recital 5

(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. It is characterised by a high level of heterogeneity in the sectors covered and activities carried out, and the profiles of individuals performing platform work and types of digital labour platforms vary widely. 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 195 #

Proposal for a directive
Recital 5

(5) Platform work is performed by individuals ~~through the~~using a digital infrastructure ofthat enables digital labour platforms t~~hat~~o provide a service to their customers. By means of the algorithms, the digital labour platforms ~~may control~~supervise, organise, control and impose penalties for, 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 and sometimes the workers themselves. 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 without, however, complying with the labour and/or tax law rules in each Member State.

Amendment 196 #

Proposal for a directive
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 may control, to a lesser or greater extent – depending on their business model – recruitment and termination of employment, the performance of the work, its remuneration and the relationship between their customers and the persons performing the work and exercising an omnipresent control over staff members both during and after their working hours. 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 197 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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~~can create efficiencies benefitting businesses, platform workers and consumers; algorithms also help exert control, to a lesser or greater extent – depending on their business model – on 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 198 #

Proposal for a directive
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~~are 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 199 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 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 200 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU, Max ORVILLE, Ilana CICUREL, Marie-Pierre VEDRENNE, Véronique TRILLET-LENOIR

Proposal for a directive
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 201 #

Proposal for a directive
Recital 5 a (new)

(5a) Platform work occurs in a wide variety of fields ranging from delivery services and passenger transport to child care and care services, IT as well as design and creative industries and provision of technical expertise. As such, action taken at both national and European level must ensure a balanced approach without one-size-fits-all measures.

Amendment 202 #

Proposal for a directive
Recital 5 a (new)

(5a) Most platform workers are, by the nature of the contractual relationship and the tasks performed, employees and therefore entitled to the statutory rights, safeguards and guarantees provided in the Member States.

Amendment 203 #

Proposal for a directive
Recital 5 b (new)

(5b) Persistent breaches of the rules and insecure employment relationships are also attributable to the lack of political will on the part of governments on the one hand to demand compliance and on the other to provide Member State inspectorates with the technical resources, staff and funding needed to monitor and sanction non-compliance.

Amendment 204 #

Proposal for a directive
Recital 5 c (new)

(5c) Member States should provide labour inspectorates with the necessary technical resources, staff and funding to ensure compliance with the ILO- recommended ratio of one labour inspector per 10 000 workers.

Amendment 205 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 not only blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers but also reach into other agreements, which can pose challenges to social security. Moreover, people working in the platform economy are often classified as self-employed, although many of them claim to be employees1a. There are various reasons for this uncertainty about their status, such as having regular employment as employees or self-employed (in the more traditional sense) and therefore being subject to standard labour laws, or being uncertain about their status and seeing themselves as employees simply because they regularly provide a certain type of service through the same platform. As a result, these individuals may not benefit from the equivalent social, labour, health and safety protections that are associated with an employment contract in most countries. 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. __________________ 1a Estimates from the COLLEEM survey reveal that when asked about their current employment situation, 75.7 % of the platform workers claimed to be an employee (68.1%) or self-employed (7.6%). https://publications.jrc.ec.europa.eu/repos itory/bitstream/JRC112157/jrc112157_pu bsy_platform_workers_in_europe_science _for_policy.pdf

Amendment 206 #

Proposal for a directive
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 working brings challenges, as ~~it can~~digital platforms do not comply with EU and national legislation and fraudulently oblige their workers to work with self-employed status, circumventing labour law, seeking to blur the boundaries ~~between~~of the employment relationship and ~~self- employed activity, and~~enabling employers to shirk their responsibilities ~~of employers and~~towards workers. Misclassification of the employment status has serious consequences for the persons affected, as it ~~is likely to~~ restricts access to existing labour and social rights. It also ~~leads to~~has ramifications for all workers, since platform working in its current form undermines and, in the long term, unravels all social protections and labour law. It also leads to worker exploitation, unfair competition, social dumping and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.

Amendment 207 #

Proposal for a directive
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~~ relating to adequate protection of workers’ health and safety, working conditions, employment relationships and ~~self- employed activity, and the responsibilities of~~pay. Moreover, owing to the lack of clear rules at both European and national level, platform workers have in almost every instance been classified as self-employed, leading to widespread labour emxplo~~yers and wo~~itation and numerous cases of social and wage dumping fuelling unfair competition on the internal markerst. 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 208 #

Proposal for a directive
Recital 6

(6) Platform work canreates employment, provideing opportunities for accessing the labour market more easily, gaining additional income through a secondary activity while also balancing caring responsibilities, education or vocational training or enjoying ~~som~~more flexibility in the organisation of working time. It can also facilitate efficiencies in the matching of supply and demand, optimisation of resources and increase consumer choice. At the same time, platform work brings challenges, as it can blur the boundaries between an 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 209 #

Proposal for a directive
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. Therefore a robust set of classification criteria and legal certainty are necessary to respect and enable entrepreneurial freedom, to enable an effective classification and prevent bogus self-employment. 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 210 #

Proposal for a directive
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. These new forms of work represent an important opportunity for both workers and companies, they create jobs and enable new SMEs and VSEs to emerge. 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 211 #

Proposal for a directive
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 unfair competition, especially at the expense of micro-enterprises and SMEs and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.

Amendment 212 #

Elisabetta GUALMINI, Pierfrancesco MAJORINO, Vilija BLINKEVIČIŪTĖ, Brando BENIFEI, Klára DOBREV, Evelyn REGNER, Marc ANGEL, Gabriele BISCHOFF, Alicia HOMS GINEL, Lina GÁLVEZ MUÑOZ, Manuel PIZARRO, Estrella DURÁ FERRANDIS, Milan BRGLEZ, Agnes JONGERIUS

Proposal for a directive
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 labour exploitation, unfair competition, social dumping and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.

Amendment 213 #

Proposal for a directive
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 214 #

Proposal for a directive
Recital 6

(6) Platform work ~~can~~ provides opportunities for employment and accessing the labour market more easily, gaining additional income through a secondary activity or enjoying ~~some~~increased 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 215 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC, Anne SANDER, Christian SAGARTZ

Proposal for a directive
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~~ create employment, increase choice, provide additional income, and lower barriers to entering the ~~organisation of working time~~labour market, especially for vulnerable groups. 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 216 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 6

Amendment 217 #

Proposal for a directive
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 218 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC, Anne SANDER, Dennis RADTKE, Christian SAGARTZ

Proposal for a directive
Recital 6 a (new)

(6a) Platform work may facilitate flexibility and optimisation of resources, and provide opportunities for both people working in or through digital labour platforms and clients, and the matching of demand for and supply of services.

Amendment 219 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 6 b (new)

(6b) Underlines that most platform workers have another job or other source of income and for most of whom platform activities are not their primary employment1b. According to research, platform workers tend to be low paid, but with a few earning relatively good incomes. Furthermore, workers in the platform economy tend to be younger and more highly educated than the wider population1c. __________________ 1b Study of the Value of Flexible Work for Local Delivery Couriers, p.5 https://copenhageneconomics.com/wp- content/uploads/2021/12/copenhagen- economics-study-of-the-value-of-flexible- work-for-local-delivery-couriers.pdf 1c The Social Protection of Workers in the Platform Economy https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/614184/IPOL_STU(20 17)614184_EN.pdf

Amendment 220 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC, Anne SANDER, Dennis RADTKE, Christian SAGARTZ

Proposal for a directive
Recital 6 b (new)

(6b) Innovation in digital tools is a precondition for platform work and can contribute to growth in times of crisis and recovery.

Amendment 221 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC, Anne SANDER, Dennis RADTKE, Christian SAGARTZ

Proposal for a directive
Recital 6 c (new)

(6c) Platform work can offer advantages for students and those who wish to combine study and work at the same time, as well as creating access to employment for young people not in education, employment or training (NEETs), and people with lower skill levels;

Amendment 222 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Recital 6 d (new)

(6d) The trend towards remote working in many sectors, and especially online- based trade and services is unavoidable and favourable for many companies and workers and the booming development of digital technologies predetermines many new and unpredictable opportunities for so-called non-standard forms of work and employment.

Amendment 223 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU

Proposal for a directive
Recital 6 e (new)

(6e) The labour and social security legislation of most Member States are generally unprepared to the challenges of the digital world and digitalized labour market in particular, which is causing grave risks to both people, engaged in digitally based work, and to existing solidarity-based healthcare and social security models. If not tackled accordingly, the above-mentioned risks might jeopardise the entire European model of the social market economy and the goals of the European Pillar of Social Rights, whereas adapting to technological progress might provide the solutions for adaptation of the European social model to the realities of the 21st century;

Amendment 224 #

Proposal for a directive
Recital 7

(7) ~~Court cases in several Member States have shown the persistence of misclassification of~~More than 100 court decisions and 15 administrative decisions dealing with the employment status ~~in certa~~of people working t~~ypes of~~hrough platform ~~work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of~~s have been observed in the Member States, with varying outcomes but predominantly in favour of reclassifying people working through platforms as workers. 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 ways, thus increasing the lack of legal certainty for people working through platforms over their employment status as well as hampering a level playing field both within the single market and between digital labour platforms and traditional businesses.

Amendment 225 #

Proposal for a directive
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. Approximately 5.5 of 28.3 million persons performing platform work in the European Union are estimated to be subject to a certain degree of control.1a 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 ways, thus increasing the lack of legal certainty over the employment status. __________________ 1a Commission Impact Assessment Report, SWD(2021) 396 final

Amendment 226 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Gheorghe FALCĂ, Christian SAGARTZ

Proposal for a directive
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 way~~and 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 227 #

Proposal for a directive
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~~various aspects of the performance of the work. Those courts have therefore reclassified, based on different criteria and national legislative solutions, purportedly self-employed persons as workers employed by the platforms. However, various national legislations, social dialogue practices and 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 228 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 7

(7) Court cases in several Member States have shown the ~~persistence~~cases 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 229 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 or oversight 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 ways, thus increasing the lack of legal certainty over the employment status.

Amendment 230 #

Proposal for a directive
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~~a diversity of legal considerations regarding misclassification, in particular ~~in sectors~~as to wheren digital labour platforms exert a ~~certain~~ degree of control over the ~~remuneration and performance of work~~platform worker which entails an employment relationship. While digital labour platforms frequently classify persons working through them as self- employed or ‘independent contractors’, ~~many~~Member State 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 ways, thus increasing the lack of legal certainty over the employment status.

Amendment 231 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ

Proposal for a directive
Recital 7 a (new)

(7a) In many Member States, the existence of an employment relationship between platform workers and their digital labour platforms has been rightly recognised by the courts. In order to avoid breach of the principle of equality and non-discrimination between workers, the effects of recognising the existence of an employment relationship under the relevant national law and the provisions of this Directive must be considered to apply from the beginning the contractual relationship.

Amendment 232 #

Proposal for a directive
Recital 7 a (new)

(7a) No legal uncertainty exists for the traditional regulated liberal professions, irrespective whether their performance is facilitated by digital means or not. Further more, the question of the classification of regulated liberal professions is often clearly regulated on national level and often free lancers, engaged in liberal professions, are legally prohibited from employment under employment contract.

Amendment 233 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS

Proposal for a directive
Recital 7 b (new)

(7b) On the contrary, self-employed persons engaged in the provision of various services, without prejudice to the level of qualification and incomes (such as designers, IT experts, performers, drivers, craftsmen, repairmen, housekeepers, delivery personnel etc.), are often subject to employment status misclassification and so called bogus self employment, while a large number of them are voluntarily choosing the flexibility and freedom of choice, provided by self employment.

Amendment 234 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Romana TOMC, Anne SANDER, Christian SAGARTZ

Proposal for a directive
Recital 7 c (new)

(7c) No definition of 'worker’ at European level exists, to resolve the above mentioned uncertainties, and the case law of the CJEU has established criteria for determining the status of a worker and a self employed person, while leaving most of the competences to the Member States;

Amendment 235 #

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, setting pay levels and working hours, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack 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. Moreover, persons performing platform work and workers whose organisation of work or working conditions are subject to automated or semi-automated monitoring and decision-making systems often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. Persons performing platform work and their representatives are also deprived of the opportunity to discuss, negotiate and review the algorithmic systems that nonetheless directly impinge on their working conditions, whereas working conditions normally a matter for negotiation between the employers and representative trade unions within the company.

Amendment 236 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often ~~lack~~do not have access to information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. The lack of transparency allows digital labour platforms to set working conditions and terms of employment unilaterally. Moreover, persons performing platform work often do not 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 237 #

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack 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. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. It is therefore legitimate to take measures to prevent discrimination against employees in the context of algorithmic management. About two- thirds of people working through platforms in terms of earnings have access to some measures to prevent discrimination and promote equity1d. __________________ 1d Digital Labour Platforms in the EU. Mapping and Business Models, p.12

Amendment 238 #

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack 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. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. A good balance must be struck between informing workers and respecting the principle of business confidentiality.

Amendment 239 #

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management and workers whose companies make use of analog systems often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. ~~Workers’ representative~~Unions and labour inspectorates do not have access to this information either. Moreover, ~~persons performing platform~~ workers often do not know the reasons for decisions taken or supported by automated systems and, in the case of workers using digital platforms, lack the possibility to discuss those decisions with a contact person or to contest them.

Amendment 240 #

Proposal for a directive
Recital 8

(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. ~~Workers’ r~~Representatives ~~and labour inspectorat~~of persons performing platform work, labour inspectorates and competent supervisory authorities do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by such automated systems and lack the possibility to discuss those decisions with a contact person or to contest them.

Amendment 241 #

Proposal for a directive
Recital 8

Amendment 242 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 243 #

Proposal for a directive
Recital 9

(9) When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom as Member States do not collect data in this respect. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law and social protection and therefore it is not possible to determine precisely or even approximately how many workers are affected, let alone to what extent.

Amendment 244 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Recital 9

(9) When platforms operate in several Member States or across borders, it is often unclear where the platform work, especially online based, is performed and by whom. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable national and European rules, including in respect of labour law, health and social ~~protection.~~ security, social protection and taxation.

Amendment 245 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 9

(9) When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules~~, including in respect of labour law and social protection~~.

Amendment 246 #

Proposal for a directive
Recital 9

(9) When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also, national authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law, taxation and social protection.

Amendment 247 #

Proposal for a directive
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 online1e. __________________ 1e https://www.dw.com/pl/ue-chce-lepiej- chroni%C4%87-pracuj%C4%85cych-za- po%C5%9Brednictwem-platform- cyfrowych/a-56676431

Amendment 248 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 9 b (new)

(9b) The number of platforms active in the EU has increased from 463 in 2016 to 516 in March 2021. In recent years, however, their net growth has slowed down significantly. This can be explained by a decrease in the number of newly launched platforms, and an increase both in their number taken offline due to limited longer-term viability, and in merger and acquisition activity. Nevertheless, the platform economy in the EU has increased almost fivefold during the same period, from an estimated EUR 3.4 billion in 2016 to about EUR 14 billion in 2020. The majority of this activity falls under taxi and food delivery services, both of which were strongly impacted by the COVID-19 outbreak (- 35% and +125% respectively). The earnings of people working through them have only increased by about 2.5 times in the past five years, from an estimated EUR 2.6 billion in 2016 to EUR 6.3 billion in 2020. About half of this amount is earned by people active on the top five platforms, involving predominantly food delivery and taxi services. The total earnings of people working through them are estimated to have decreased somewhat due to COVID-191f. __________________ 1f Digital Labour Platforms in the EU. Mapping and Business Models, p.8 https://ec.europa.eu/social/main.jsp?catId =738&langId=en&pubId=8399&furtherP ubs=yes

Amendment 249 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 https://op.europa.eu/en/publication- detail/-/publication/b92da134-cd82-11eb- ac72-01aa75ed71a1/language-en

Amendment 250 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 https://op.europa.eu/en/publication- detail/-/publication/b92da134-cd82-11eb- ac72-01aa75ed71a1/language-en

Amendment 251 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 252 #

Proposal for a directive
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 Council on transparent and predictable working conditions55, Directive 2003/88/EC of the European Parliament and of the Council on working time56, Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work57 , the Court of Justice of the EU ruling (Judgment of the Court of 21 February 2018 in case C-518/15 – Ville de Nivelles v Rudy Matzak ECLI:EU:C:2018:82; confirmed and elaborated upon in the judgments of 9 March 2021 in case C- 580/19 – RJ v Stadt Offenbach am Main, ECLI:EU:C:2021:183; and 9 March 2021 in case C-344/19 – D.J. v Radiotelevizija Slovenija, ECLI:EU:C:2021:182, which found that ‘waiting time’ significantly curtails opportunities to carry out other activities and must be regarded as working time, 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. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. Other legal instruments to be considered are the Collective Redundancies Directive (98/59/EC) and the Transfer of Undertakings Directive (2001/23/EC). __________________ 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 253 #

Proposal for a directive
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. Those legal instruments are complemented by particularly relevant case-law of the Court of Justice of the European Union finding that ‘stand-by’ time, during which the worker's opportunities to carry out other activities are significantly restricted and which is a systematic feature of platform work, is to be regarded as working time57a. 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). 57a Judgment of the Court of 21 February 2018 in Ville de Nivelles v Rudy Matzak, C-518/15, ECLI: EU:C:2018:82; confirmed and elaborated in the judgments of 9 March 2021 in RJ v Stadt Offenbach am Main, C-580/19, ECLI:EU:C:2021:183; and 9 March 2021 in -D.J. v Radiotelevizija Slovenija, C- 344/19, ECLI:EU:C:2021:182.

Amendment 254 #

Proposal for a directive
Recital 10

Amendment 255 #

Proposal for a directive
Recital 10

Amendment 256 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 10

Amendment 257 #

Proposal for a directive
Recital 10 a (new)

(10a) The determination of employment relationships or employment contracts is governed by the laws of the individual Member States of the Union. Exceptionally, the Union has competence only in respect of the free movement of workers or, in part, the equal treatment of workers, which requires a uniform application of the concept of worker. The legal form of the employment relationship or employment contract varies from country to country and is a matter of national competence. The characteristics of employment which enable it to be recognised as an employment relationship vary greatly from one Member State to another, as is clearly shown by the extensive research carried out by the labour law representatives from those Member States1i. Therefore, persons working via online platforms could be considered as workers only in the individual Member States and not throughout the Union. __________________ 1i Regulating the employment relationship in Europe: A guide to Recommendation No. 198, European Labour Law Network 2013

Amendment 258 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU

Proposal for a directive
Recital 11

(11) Social protection is a solidarity- based safety net that is beneficial not only to the individual but also to society as a whole. 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 had varying degrees of success in improviding social protection to the self- employed and should ensure the full implementation of the Recommendation. Persons performing platform work face unique challenges in satisfying eligibility requirements and qualifying for social security benefits, which in turn impacts their future prospects and the financial viability and solidarity of social security systems. __________________ 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 259 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 260 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 11 a (new)

(11a) Regarding employment status, the vast majority of platforms presume that people working through their platform are self-employed. The designation ‘self- employed’ refers to any arrangement where people working through platforms are not employed by any party, whereas ‘work agreement’ refers to any arrangement where the client, platform or a ‘fourth party’ employs people working through platforms. For example, some platforms directly employ the people working through their platforms, while others function as temporary work agencies, formally employing the people working through their platforms while finding them temporary assignments with client companies. Other platforms require employment agreements between their clients and the people working through their platforms, especially for domestic services in a few countries such as Ireland and Spain1j. __________________ 1j Digital Labour Platforms in the EU. Mapping and Business Models, p.30 https://op.europa.eu/en/publication- detail/-/publication/b92da134-cd82-11eb- ac72-01aa75ed71a1/language-en

Amendment 261 #

Proposal for a directive
Recital 11 a (new)

(11a) With respect to the powers of the Member States to organise their social protection systems, it is essential to ensure, and where necessary extend, access to social protection to persons performing platform work who do not have an employment relationship including for people transitioning from one status to another or who have both statuses in order to guarantee the portability of accumulated social rights and entitlements and for schemes covering maternity and equivalent parental benefits, and unemployment, accident, long-term care, invalidity, sickness, healthcare and old-age benefits.

Amendment 262 #

Proposal for a directive
Recital 11 b (new)

(11b) Particular attention should be given to young people, many of whom perform platform work alongside their studies or training and whose personal situations can greatly differ. Young people performing platform work should be able to be involved in both education and part-time platform work while ensuring the highest possible level of social protection in accordance with their employment status.

Amendment 263 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 12

(12) Regulation (EU) 2016/679 of the European Parliament and of the Council59 (‘General Data Protection Regulation’) ensures the protection of natural persons with regard to the processing of personal data, and in particular provides certain rights and obligations as well as safeguards concerning lawful, fair and transparent processing of personal data, including with regard to automated individual decision- making. Regulation (EU) 2019/1150 of the European Parliament and of the Council60 promotes fairness and transparency for ‘business users’ using online intermediation services provided by operators of online platforms. The European Commission has proposed further legislation laying down harmonised rules for providers and users of artificial intelligence systems61. However, this does not address the labour law and industrial relations implications of using artificial intelligence to govern working conditions and employment relationships. __________________ 59 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 60 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 61 COM(2021) 206 final, 21.4.2021.

Amendment 264 #

Elisabetta GUALMINI, Pierfrancesco MAJORINO, Vilija BLINKEVIČIŪTĖ, Brando BENIFEI, Klára DOBREV, Evelyn REGNER, Marc ANGEL, Gabriele BISCHOFF, Alicia HOMS GINEL, Carmen AVRAM, Lina GÁLVEZ MUÑOZ, Manuel PIZARRO, Estrella DURÁ FERRANDIS, Milan BRGLEZ, Agnes JONGERIUS

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work 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 265 #

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work 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~~are deemed to be employees and should enjoy the rights deriving from this status, as well as fair working conditions with a view to respecting the correct determination of their employment status, ~~at promot~~ensuring transparency, fairness and accountability in algorithmic management, particularly in respect of health and safety, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to ~~improv~~guaranteeing 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 266 #

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations, as well as to ensure the right to participate in collective bargaining in accordance with national law and practice. 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 267 #

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. P~~ersons 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~~latform workers should be provided with good social protection, including with regard to transparency, fairness and accountability in algorithmic management, a~~nd at improving transparency in platform work, including~~s well as assuring legal compliance in cross-border situations. 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 268 #

Proposal for a directive
Recital 13

(13) While existing ~~or proposed~~ Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situationsMeasures supporting the correct determination of the employment status of persons performing platform work in the Union should be introduced and transparency on platform work should be improved, including in cross- border situations. In addition, persons performing platform work should be provided a number of rights aiming at promoting transparency, fairness and accountability in algorithmic management. This should be done with a view to improving legal certainty~~, creating a~~ and aiming at the 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 269 #

Proposal for a directive
Recital 13

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

Amendment 270 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 13

(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness, 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 platforms~~development of platform work in a sustainable manner in the Union.

Amendment 271 #

Proposal for a directive
Recital 15

Amendment 272 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Anne SANDER, Dennis RADTKE, Christian SAGARTZ

Proposal for a directive
Recital 15

(15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, associations of persons performing platform work, experts from academia, Member States and international organisations and representatives of civil society. It is of utmost importance for these consultations to continue after the adoption of this Directive, including social partners at all levels, in order to guarantee the smooth transposition and implementation of the Directive and provide for a timely revision, based on lessons learned.

Amendment 273 #

Proposal for a directive
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 274 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 16

(16) This Directive should apply to every 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. This includes situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.

Amendment 275 #

Proposal for a directive
Recital 16

(16) This Directive sh~~ould~~all apply to 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 statusare subject to automated or semi-automated monitoring and decision- making systems and are therefore salaried workers, unless a successful rebuttal of the legal presumption of a salaried employment relationship proves that they are genuinely self-employed. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.

Amendment 276 #

Proposal for a directive
Recital 16

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

Amendment 277 #

Proposal for a directive
Recital 16

(16) This Directive should apply to 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 national courts as well as the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.

Amendment 278 #

Proposal for a directive
Recital 16

(16) This Directive should apply to 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~~each Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.

Amendment 279 #

Proposal for a directive
Recital 16 a (new)

(16a) The provisions of this directive specifically relating to the management of algorithms should also apply to all workers whose working conditions and employment relationships are regulated, monitored and managed through algorithms.

Amendment 280 #

Proposal for a directive
Recital 17

(17) This Directive should apply to all digital labour platforms and any individual who performs platform work in the European Union, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work, creating legal certainty for all involved parties.

Amendment 281 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 17

(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work; these rules shall respect the legal systems and traditions of the Member States.

Amendment 282 #

Proposal for a directive
Recital 17

(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised ~~through~~via that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work.

Amendment 283 #

Proposal for a directive
Recital 17 a (new)

(17a) In order not to create a discrimination between self-employed in digital labour platforms and other self- employed, an upgrade in social protection should be provided to all of the self- employed.

Amendment 284 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 ~~primar~~only 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~~significant component.

Amendment 285 #

Proposal for a directive
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 primary purpose is to exploit or share assets, ~~such as short-term rental of accommodation~~or online platforms within the meaning of the Digital Services Act and their directly associated services whose primary purpose is to offer or facilitate offers for sales of goods or services excluding food products for their immediate consumption, or those who provide services that are of non-profit- making nature. 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 286 #

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation~~. It~~ or to resell goods or services. For example, where providers of a service resell automotive parts, these activities relate to the sale of goods, rather than the provision of personal labour. The definition of digital labour platforms 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 287 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 or connecting customers with service providers, without any further involvement in management tasks, 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 or those using platforms as a means of matching up supply and demand. 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 288 #

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation~~. It~~, which 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 componentcovered by another directive to prevent, inter alia, property speculation.

Amendment 289 #

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation or the resale of goods/services as they do not rely primarily on personal labour for the provision of the services concerned. 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 290 #

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation or genuine self-employed or intermediate self-employed as defined at national level. 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 291 #

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation, or to resell goods or services, or that is of a non-profit making nature. 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 292 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 primary purpose is to exploit or share assets, such as short-term rental of accommodation, or to resell goods or services. 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 293 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Christian SAGARTZ

Proposal for a directive
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~~determining 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 determining, necessary and essential and not merely a minor and ~~purely~~ ancillary component.

Amendment 294 #

Proposal for a directive
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 platform~~involving 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 295 #

Proposal for a directive
Recital 18 a (new)

(18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other and organise themselves, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions or workers’ representatives that are established or controlled by the employer itself in the interests of the employer rather than those of the workers, particularly serious in platform work. Such company trade unions or workers’ representatives are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and to Directive 2002/14/EC of the European Parliament and of the Council1a and the Member States should ensure that direct or indirect financial or constituent links with the employer are forbidden. When establishing or implementing practical arrangements for information, consultation, negotiation and social dialogue, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and undertake collective work to improve working conditions and workers' rights. Digital labour platforms shall ensure, together with trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices. They shall ensure that these elections aim to represent workers and make their voice heard within the labour platform and that these elections are not used as a pretext for actually defending the interests of the platforms, notably by helping them circumvent labour law. These elections should enable workers to freely choose the issues to be discussed in negotiation meetings, their status for instance.

Amendment 296 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Gheorghe FALCĂ

Proposal for a directive
Recital 18 a (new)

Amendment 297 #

Proposal for a directive
Recital 18 a (new)

(18a) Social dialogue and collective bargaining are of utmost importance for achieving the goals of the present Directive. However, digitally based labour market practices require the use of new digital technologies in organizing social dialogue, too. Therefore, traditional trade union organizations might prove unsuitable for organizing platform workers or collective agreements among self-employed persons, engaged in platform work, especially when established trade unions are not ready to adapt to new digital realities, so new forms of organization of workers should be made available by the Member States.

Amendment 298 #

Proposal for a directive
Recital 18 a (new)

(18a) Digital platforms have been failing to comply with national laws on the rights, safeguards and guarantees to be granted to platform workers as employees and those who deliberately breach their legal obligations should not be rewarded. The effects of recognition of the employment relationship should accordingly be considered to apply from beginning of the contractual relationship.

Amendment 299 #

Proposal for a directive
Recital 18 a (new)

(18a) The free choice of a person performing platform work to be self- employed in agreement with the platform should always be respected.

Amendment 300 #

Proposal for a directive
Recital 18 b (new)

(18b) Persistent breaches of the rules and insecure employment relationships are also attributable to the lack of political will on the part of governments on the one hand to demand compliance and, on the other hand, to provide Member State inspectorates with the technical resources, staff and funding needed to monitor and sanction non-compliance.

Amendment 301 #

Proposal for a directive
Recital 18 c (new)

(18c) Member States should provide labour inspectorates with the necessary technical resources, staff and funding to ensure compliance with the ILO- recommended ratio of one labour inspector per 10 000 workers.

Amendment 302 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 18 d (new)

(18d) As employees, platform workers are entitled, inter alia, to an employment contract, a fixed salary, working hours established under national law that must not exceed 40 hours a week, compensation for overtime and night work, decent working conditions, access to catering facilities, washrooms and rest areas, insurance against occupational accidents and illnesses, parental benefits and paid leave. They also have a right to be informed of their working conditions and the algorithms used by platform, which must not incorporate mechanisms for imposing illegal sanctions, penalties and fines.

Amendment 303 #

Proposal for a directive
Recital 19

(19) A worker is either a salaried worker or a self-employed worker. The creation of a third status, allowing the digital platform to benefit from the advantages of the status of employer, without assuming the responsibilities that accompany it, is in no way justified and should not be a possibility that arises from this directive. Indeed, working via a digital platform using an algorithm that organises and distributes work, sets rates or sanctions workers is not an innovation in the field of work but merely reproduces the framework and role of the employer in the digital realm. Thus, digital work platforms must apply labour law and the collective agreements in the applicable sectors in the same way as all the companies concerned. To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should ~~have appropriate procedures in place~~introduce a general legal presumption of a rebuttable employment relationship and a reversal of the burden of proof to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ensure salaried employment status applies and to ascertain the ~~existenc~~nature of anthe 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~~ in the event the platform or an employee makes a rebuttal. Where a self-employed employment relationship exists, ~~to ensure~~ full compliance with Union law applicable to ~~workers as well as national labour law, collective agreements and social protection rules. Where self- employment or an~~self-employed workers or workers with intermediate employment status – as defined at national level – ~~is the correct employment status,~~must be ensured and the rights and obligations pursuant to that status should apply.

Amendment 304 #

Proposal for a directive
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 appropriate 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~~national courts and the Court of Justice of the European Union, and, where such employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national 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 305 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 ~~appropriat~~effective 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 306 #

Proposal for a directive
Recital 19 a (new)

(19a) The establishment of a general legal presumption of a salaried employment relationship is intended to ensure that workers performing work via a platform are properly classified as employees. With a view to affording the correct status to platform workers and enforcing labour law as soon as possible, Member States must apply the legal presumption as soon as this Directive enters into force as set out in Article 5, so that all workers enjoy from the correct status and the associated rights, at the latest on the first day of the entry into force of the legislative provisions.

Amendment 307 #

Proposal for a directive
Recital 20

(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62 . The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. Genuinely self-employed persons should not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.

Amendment 308 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 20

(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62. The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. , thereby falling within the scope of this directive. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.

Amendment 309 #

Proposal for a directive
Recital 20

(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62. ~~The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive.~~ The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self- employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations and gives rise to a situation of unfair competition in respect of law-abiding companies. A company using bogus self-employed workers must be punished. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.

Amendment 310 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Recital 20

(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62 . The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared ~~work that is frequently associated with undeclared~~ work. False self-employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.

Amendment 311 #

Radan KANEV, Gheorghe FALCĂ, Anne SANDER

Proposal for a directive
Recital 22

(22) ~~Where the existence of an employment~~Experience shows, that when national law attempts an undiscriminatory reclassification of whole sectors of the digitally based labour market, this regulations~~hip is established based on facts, the party acting as employer should be clearly identif~~ leads to loss of jobs, rise in the undeclared work and/or extensive and dangerous use of subcontracting chains, often resulting in more precarious working conditions for the most vulnerable persons, engaged in platform work, such as minorities, migrants, young people with no qualification or students from low-income familieds and ~~that party should fulfil all the obligations resulting from its role as employer~~/or migrant and minority background, lone parents etc. It is therefore essential, that the Member States, while transposing this Directive, do not reclassify whole sectors or types of services, neither digital platforms per se, but regulate strictly on precise criteria.

Amendment 312 #

Proposal for a directive
Recital 22

(22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer. and 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 313 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 22

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

Amendment 314 #

Proposal for a directive
Recital 22

(22) Where the existence of an employment relationship is established ~~based on facts~~, the party acting as employer should be clearly identified and that party should fulfil all the obligations relating to employment law and criminal liability resulting from its role as employer.

Amendment 315 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 22 a (new)

(22a) Numerous human and labour rights abuses have been observed in the value chains of platforms. These abuses occur, for example, when platforms use bogus self-employed workers, abusive subcontracting schemes, wage portage, allow account leasing or take advantage of situations of undeclared labour, including work carried out by minors or undocumented workers. Given these serious and proven risks, platforms must be recognised as a high-impact sector as defined in the proposal for a directive on corporate sustainability due diligence (COM/2022/71). The imposition of the requirement for European due diligence on certain platforms must ultimately go hand-in-hand with the adoption of sector- specific rules on due diligence for platforms so as to extend the scope and content of due diligence to cover to the specific nature of the sector and to guarantee compliance with labour law, uphold fundamental rights and ensure the health and safety at work of platform workers.

Amendment 316 #

Proposal for a directive
Recital 22 a (new)

(22a) It is necessary to introduce enforcement provisions which ensure the use of favourable presumptions in cases of misclassification of workers when reclassifying them, including a presumption that the worker has an open- ended employment relationship, that there is no probationary period and that the worker has a full-time position in the undertaking when relevant.

Amendment 317 #

Proposal for a directive
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)

(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 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 320 #

Proposal for a directive
Recital 23

Amendment 321 #

Proposal for a directive
Recital 23

Amendment 322 #

Proposal for a directive
Recital 23

Amendment 323 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Radan KANEV, Tomáš ZDECHOVSKÝ

Proposal for a directive
Recital 23

Amendment 324 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Romana TOMC, Dennis RADTKE

Proposal for a directive
Recital 23

Amendment 325 #

Proposal for a directive
Recital 23

(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment 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 326 #

Proposal for a directive
Recital 23 a (new)

(23a) Collective bargaining is a key tool to improve working conditions of persons performing platform work, irrespective of the contractual designation of the relationship. The Commission Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons shall to this end serve as providing useful guidance without prejudice to Member States discretion as regards the scope and form of collective representation.

Amendment 327 #

Proposal for a directive
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~~It is important to stress that the legal presumption of an employment relationship must not lead to an automatic classification of all persons performing platform work as workers and must ensure theat persons p~~erforming p~~latform work who are genuinely self-employed are able to remain so and can continue to access work through platforms. The legal presumption should apply in all relevant administrative and legal proceedings. 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 on that presumption as well as persons performing platform work who dispute the classification of their employment status. Member States should put in place a national framework of measures, in accordance with their national legal and judicial systems, to reduce litigation and increase legal certainty.

Amendment 328 #

Proposal for a directive
Recital 24

(24) ~~When digital labour platforms control certain elements of the performance~~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. When digital labour platforms restrict a person’s freedom to organise his or her work and control the execution 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~~of this kind 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, thate person performing platform work should be classified as a worker having all the rights and obligations stemming from Union law in accordance with that status~~, as laid down in national and Un~~. In addition, it is important that relevant national law, collective agreements and practice. apply to platform workers. 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 on that presumpt~~ may also rely on that presumption, unless it is evident that the presumption would be rebutted, taking into account all relevant elements, such as facts and circumstances of the platform work in question, previous assessments of competent national authorities and relevant court decisions. Member States should put in place a national framework to reduce litigation and increase legal certainty.

Amendment 329 #

Proposal for a directive
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, should the determination of an employment relationship of a person performing platform work be disputed in a legal or administrative proceeding, 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 not lead to an automatic determination of all persons performing platform work as platform workers to be in an employment relationship and 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 on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.

Amendment 330 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 24

(24) When digital labour platforms control ~~certain~~key and determining elements of the performance of work, they act like employers in an employment relationship. Direction and full control, orcombined with 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 key and determining elements of the performance of work, clearly established under national law and court practice or under the case-law of the CJEU and the present Directive, should be deemed, by virtue of a legal presumption under national law, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person, unless performing regulated liberal profession legally or traditionally requiring free lancer status, 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 on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.

Amendment 331 #

Proposal for a directive
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 shcould be deemed~~, by virtue of a legal presumption, to be~~ to be one of the elements of 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 workit should be considered whether that person is entitled to the status of worker if he or she also fulfils the other criteria and should be regarded as worker in accordance with that status, as laid down in national and Union law, collective agreements and practice. It should also be stressed that in the Member States the employment relationship is established on the basis of the actual provision of work, which is verified by the competent control authorities. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection ~~bodie~~institutions or tax authorities, should ~~also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty~~be the ones responsible for verifying the actual status of a person performing platform work. In addition, it is important to bear in mind the principle of freedom of contract in force in some Member States.

Amendment 332 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 s~~ since this is a sign that the activity performed by the worker is fully integrated into the platform's business. Subordination~~, i~~ constitutes 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~~fall under the scope of a salaried 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~~is as a worker who should enjoy all the rights and be subject to all the obligations in accordance with that status, as laid down in national and Union law, and collective agreements ~~and practice~~. The legal presumption ~~should apply in all relevant administrative and legal proceedings and~~of salaried employment 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 on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty~~proactively apply that presumption.

Amendment 333 #

Proposal for a directive
Recital 24

(24) When digital labour platforms ~~control cert~~unilaterally decide over the main elements of the performance of work, they act like employers in an employment relationship. Direction ~~and control, or~~on behalf of the digital labour platform and the corresponding legal subordination, of the employee 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 a contractual relationships in which a digital labour platforms exerts a ~~certain level of control~~unilaterally decisive power over ~~cert~~the main 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 on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.

Amendment 334 #

Proposal for a directive
Recital 24

(24) When digital labour platforms control certain elements of the performance of work, restrict a person’s freedom to organise his or her work and control the execution 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~~refore platform workers who are in an alleged employment relationship shall fully enjoy the rights provided by national labour law and have the same status as legitimate worker in all relevant administrative and legal proceedings and should benefit the person performing platform work. AThis should also apply for 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 on that presumption~~. Member States should put in place a national framework to reduce litigation and increase legal certainty.

Amendment 335 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 24

Amendment 336 #

Proposal for a directive
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, 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, the 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 supervising 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 as controlling the performance of work.deleted

Amendment 337 #

Elisabetta GUALMINI, Pierfrancesco MAJORINO, Vilija BLINKEVIČIŪTĖ, Brando BENIFEI, Klára DOBREV, Evelyn REGNER, Marc ANGEL, Gabriele BISCHOFF, Alicia HOMS GINEL

Proposal for a directive
Recital 25

(25) ~~Criteria~~The authorities and competent institutions applying the legal presumption should be guided by factual elements indicating that athe digital labour platform supervises or exert some controls over the performance of work ~~should be included in the Directive in order to make the legal presumption operational and~~in order to facilitate the enforcement of workers’ rights. Those ~~criteria should b~~elements are inspired by Union and national case law a~~nd take into account national concepts of the employment relationship. The criteria should include concrete elements~~s well as by the ILO Employment Relationship Recommendation, 2006 (No 198) and take into account national concepts of the employment relationship, and are therefore in constant evolution, also following the evolution of automated or semi-automated monitoring and decision- making systems. Among the concrete elements that can indicate that the digital labour platform supervises or exert some control over the performance of work, there are those showing that the digital labour platform, for instance,: determines in practice ~~and not merely recommends~~ the working conditions or the remuneration or both, or issues periodic payment of remuneration to the worker; 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 applic~~; supervises the performance of work or verifies the quality of the work, including by electronic means, that leads to the final result; tracks or monitor the person performing platform work; enforces the performance through penalties, including restricting access to work, or uses customer rating systems as a tool of control and basis for penalties; relies on measures of performance and (mis)conduct as a basis for determining remuneration levels, working conditions and penalties; determines access to jobs through internal rankings; restricts the freedom, including through penalties, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes; controls and organises the business activity linked to the platform work performed by individuals or detains the responsibility for related investment and management; provides the worker performing platform work with tools, digital means, materials or machinery that are necessary for the performance of the work; provides the worker with any kind of support for social protection, accident insurance, pension scheme or other forms of insurance, training measures or similar benefits. That list is not exhaustive and any other relevant concrete element can indicate that digital labour platform supervises or exert some control over the performance of work. When assessing on the rebuttal of the presumption, competent authorities should be guided, inter alia, by the concrete elements provided above, as any of them should lead to confirmation of the presumption,. At the same time, the ~~criteria~~presumption 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, while not proving it per se. Therefore, de facto restricting such discretions by a number of conditions or through a system of ~~sanction~~penalties, should also be surely considered as an element of ~~controlling the performance of work. Closely supervis~~supervising or controlling the performance of work ~~or thoroughly v~~. 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. M~~that 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 as ~~controll~~supervising the performance of work.

Amendment 338 #

Proposal for a directive
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, t~~The 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 339 #

Proposal for a directive
Recital 25

(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to supplement existing national presumptions and make the Union legal presumption operational in all Member States 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~~be based on Art. 15 of the CFR and the right to engage in work. Therefore, the main criteria should be the freedom of the person, engaged in platform work, to provide services to unlimited number of clients and/or through unlimited number of platforms and other digital and offline means. They could also include additional concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions ~~or the remuneration or both, gives~~, gives detailed 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~~and avoid legal uncertainty, the majority of the additional criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the 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 supervising 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~~applicable local law or regulations, or collective bargaining agreements, or it is necessary to safeguard the health and safety of the recipients of the service, or it is required to provide satisfactory consumer service, or it is required to prevent fraud at the expense of consumers or platform workers, or it is required to reach goals related to zero emission mobility, should not be understood as controlling the performance of work which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.

Amendment 340 #

Proposal for a directive
Recital 25

(25) Criteria indicating that a digital labour platform ~~controls the performance~~restricts a person’s freedom to organise his or her work and controls the execution 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, 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 presump de facto determines the remuneration, requires the respect of rules with regard to appearance or conduct, gives instructions on how the work is to be performed or thoroughly verifies 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, restricts the discretion to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or prevents the person performing platform work from developing business contacts with potential clients, including by using a number of conditions or through a system of sanction,s. At the same time, the 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 supervising 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 as controlling the performance of workone of the characteristics of genuine self-employment.

Amendment 341 #

Proposal for a directive
Recital 25

(25) Criteria indicating that a digital labour platform ~~controls~~exerts decisive power over 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, ~~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~~unilaterally determines the schedule and/or the total remuneration of the platform worker, or prevents the platform worker from developing business contacts with potential clients. In order for it to be effective in practice, ~~two criteria~~a number of criteria which reflect such power of decision should be ~~always~~ fulfilled to trigger the application of the presumption,. At the same time, the 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 supervising 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 workexerting decisive power. 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, regulations or collective bargaining agreements, or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.

Amendment 342 #

Proposal for a directive
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~~which classify the existence of an employment relationship shall be included in the Directive to facilitate the enforcement of workers’ rights. Those criteria should be defined by each Member State, inspired by Union and national case law or national jurisprudence and take into account national concepts of the employment relationship. The minimum criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions ~~or the remuneration or both~~, gives instructions on how, where and when the work is to be performed or ~~prev~~to which extents the ~~person performing platform work from developing business contacts with potential clients~~worker is integrated in the platform's organisation and restricts a person’s freedom to organise his or her work and controls the execution of work, and thus that it acts like an employer in an employment relationship. In order for it to be effective in practice, two criteria should be always fulfilled to ~~trigger the application of the presumption,~~legitimate the existence of an employment relationship. At the same time, the 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 c~~ustomers~~ontracting party 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 supervising 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 as controlling the performance of work.

Amendment 343 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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, 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, the 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 supervising 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 as controlling the performance of work.

Amendment 344 #

Proposal for a directive
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 proportionate, 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, determines in practice and not merely recommends the working conditions or the remuneration or both, gives specific binding 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~~ and future-proof, a majority of criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the 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 supervising 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 or to ensure the essential functioning of the service should not be understood as controlling the performance of work.

Amendment 345 #

Proposal for a directive
Recital 25

(25) Criteria infor the existence of subordicnating 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 concreteon, which is a defining aspect of the employment relationship and distinguishes the employment contract from other contracts, should be included in the Directive. Those elements are inspired by Union and national case law as well as by the ILO’s Employment Relationship Recommendation, 2006 (No 198) and take into account national concepts of the employment relationship. These concrete elements indicate that the digital work platform supervises or exercises control over the performance of the work, further elements show~~ing~~ that the digital ~~labour~~work platform~~, for instance,~~ determines in practice ~~and not merely recommends~~ the working conditions or the remuneration, or both, or provides the worker with periodic remuneration; 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, the criteria should not cover situations where~~; supervises the performance of work or verifies the quality of the work, including by electronic means, that leads to the final result; tracks or monitors 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~~; enforces the performance through penalties, including restricting access to work, or uses customer rating systems as a tool of control and basis for penalties; relies on measures of performance and (mis)conduct as a basis for determining remuneration levels, working conditions and penalties; determines access to jobs through internal rankings; restricts the person’s freedom, including through penalties, to organise work, in particular the discretion to choose working hours or periods of absence, to accept or to refuse tasks, or to use subcontractors or substitute~~s or to work f~~; controls and or gany 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 supervising 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 controllingises the business activity linked to the platform work performed by individuals or detains the responsibility for related investment and management; provides the worker performing platform work with tools, digital means, materials or machinery that are necessary for the performance of the 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 as; provides the worker with any kind of support for social protection, accident insurance, pension scheme or other forms of insurance, training measures or similar benefits. That list is not exhaustive and any other relevant concrete element can indicate that digital labour platform supervises or exert some control~~ling~~ over the performance of work.

Amendment 346 #

Proposal for a directive
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 proportionate and operational ~~and~~to 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, 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~~a majority of the criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the 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 supervising 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 or to ensure the essential functioning of the service should not be understood as controlling the performance of work.

Amendment 347 #

Proposal for a directive
Recital 25

(25) CGeneral principles making it possible to define at national level the 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, 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, the 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 supervising 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 as controlling the performance of work.

Amendment 348 #

Proposal for a directive
Recital 26

(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing comprehensive guidance ~~and~~, strengthening controls and field inspections and their resourcing and mechanisms for persons performing platform work and digital labour platforms to consult relevant authorities is essential to ensure legal certainty and transparency for all parties involved. These measures should avoid capturing the genuine self-employed and take into account the specific situation of entrepreneurs and start-ups to support the entrepreneurial potential and the conditions for innovation and the sustainable growth of digital labour platforms in the Union.

Amendment 349 #

Proposal for a directive
Recital 26

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

Amendment 350 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 26

Amendment 351 #

Proposal for a directive
Recital 26

(26) Effective implementation of the legal presumption through appropriate measures, such as bringing proceedings to rebut the presumption of salaried employment, 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 352 #

Proposal for a directive
Recital 26

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

Amendment 353 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 26

(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance in the form of concrete and practical recommendations 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 354 #

Proposal for a directive
Recital 26

(26) Effective implementation of the ~~legal presumption~~correct 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 355 #

Proposal for a directive
Recital 26

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

Amendment 356 #

Proposal for a directive
Recital 26

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

Amendment 357 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Radan KANEV, Tomáš ZDECHOVSKÝ

Proposal for a directive
Recital 26 a (new)

(26a) Code of Conduct based on the agreement among relevant stakeholders as a form of self-regulation focused on improving working conditions of genuine self-employed persons performing platform work including their social protection should be encouraged by the Commission and Member States. Improving working conditions of genuine self-employed persons performing platform work by the platforms involved in the Code of Conduct shall not be considered as fulfilling the criteria as outlined by Article 4 paragraph 2.

Amendment 358 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC

Proposal for a directive
Recital 26 a (new)

(26a) Collective bargaining agreements between representatives of platform workers and digital labour platforms focusing on the working conditions of platform workers are encouraged and the competent authorities in Member States shall not consider any of the criteria in Article 4 paragraph 2 met where they are included in collective bargaining negotiations.

Amendment 359 #

Proposal for a directive
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 360 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 26 a (new)

(26a) Collective bargaining between representatives of persons performing platform work and representatives of digital labour platforms is hereby encouraged. Where such collective bargaining agreements exist, they will take precedence over this Directive.

Amendment 361 #

Proposal for a directive
Recital 27

(27) In the interest of legal certainty, the legal presumption should not have any retroactive legal effects before the transposition date of this Directive and should therefore only apply to the period starting from that date, including for contractual relationships entered into before and still ongoing on that date. Claims relating to the possible existence of an employment relationship before that date and resulting rights and obligations until that date should therefore be assessed only on the basis of national law and Union law predating this Directive.deleted

Amendment 362 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 27

Amendment 363 #

Proposal for a directive
Recital 27

Amendment 364 #

Proposal for a directive
Recital 27

(27) In the interest of legal certainty, the legal presumption should not have any retroactive legal effects before the transposition date of this Directive and should therefore only apply to the period starting from that date, including for contractual relationships entered into before and still ongoing on that date. C claims relating to the possible existence of an employment relationship before that date and resulting rights and obligations until that date should therefore be assessed only on the basis of national law and Union law predating this Directive.

Amendment 365 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 27 a (new)

(27a) In the interest of fairness, the legal presumption should not have as a consequence that some digital labour platforms incorporate a third-party undertaking between the platform and the service providing persons. This undesired effect, contrary to the objective of the legal measure, has already taken place in Member States (e.g. Spain) having used the model of the rebuttable legal presumption of employment status and should therefore not be considered as a good practice to imitate.

Amendment 366 #

Proposal for a directive
Recital 27 a (new)

(27a) Introduction of a legal presumption could introduce a privilege of a group of persons providing work for digital platforms in relation to other persons providing work, e.g. on the basis of civil law contracts.

Amendment 367 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 27 b (new)

(27b) An inappropriate choice of criteria for applying the legal presumption could result in a significant number of cases in which the presumption is applied and, consequently, an excessive burden on the judiciary in connection with cases for the rebuttal of the presumption. Moreover, this could interfere with national definitions of an employment relationship, which would mean that the effectiveness of such a presumption could be illusory.

Amendment 368 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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.deleted

Amendment 369 #

Proposal for a directive
Recital 28

Amendment 370 #

Proposal for a directive
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 371 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 28

Amendment 372 #

Proposal for a directive
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 for any of the parties 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~~A 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 373 #

Proposal for a directive
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 by means of the facts of the case, 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. Platform workers may also contribute to the process by providing supporting information in their possession. 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 374 #

Proposal for a directive
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, tsuch proceedings should have a suspensive effect on the application of 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 375 #

Proposal for a directive
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, in order to avoid the triggering and subsequent rebuttal in cases of genuine self-employment. 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 376 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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~~national courts and the Court of Justice of the European Union, even if such relationship is deemed to be an employment relationship according to this Directive. Member States should ensure the possibility to rebut ~~the~~such 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~~ or not according to the national authority's decision, based on the facts and merits of the case. 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 377 #

Proposal for a directive
Recital 28 a (new)

(28a) Member States should ensure the possibility to rebut determination of employment status in legal or administrative proceedings or both. Member States should provide the necessary guidance for procedures to rebut the determination of employment status.

Amendment 378 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 29

(29) ~~While~~ Regulation (EU) 2016/679 establishes the general framework for the protection of natural persons with regard to the processing of personal data, it is necessary to ~~lay down rules~~apply the framework to address~~ing~~ the concerns that are specific in the processing of personal data in the context of platform work. This Directive also provides for more 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. In this context, terms relating to the protection of personal data in this Directive should be understood in light of the definitions set out in Regulation (EU) 2016/679.

Amendment 379 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 29 a (new)

(29a) In the interest of legal certainty Member States shall provide digital labour platforms and platform workers with the right to consultation. Under the process digital labour platforms and platform workers would have the option to request to the competent authority to pre- emptively assess the existence of an employment relationship on the basis of the terms and conditions of the relationship and justify its finding. The outcome of the process, although not legally binding, will allow digital labour platforms, platform workers and local authorities to assess the level of control exerted by the platform ahead of the presumption or rebuttal processes.

Amendment 380 #

Proposal for a directive
Recital 30

(30) In addition to rights and obligations provided in this Directive, rights and obligations provided in Regulation (EU) 2016/679 continue to apply when personal data are processed. Articles 13, 14 and 15 of Regulation (EU) 2016/679 require data controllers to ensure transparency towards data subjects on the collection and processing of personal data. Moreover, Article 22(1) of Regulation (EU) 2016/679 provides for the data subjects’ right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, subject to the exceptions provided for in paragraph 2 of that article. Those obligations apply also to digital labour platforms. Platform workers' representatives must, where necessary, have access to workers' personal data in accordance with Regulation (EU) 2016/679.

Amendment 381 #

Proposal for a directive
Recital 30

(30) In addition to rights and obligations provided in this Directive, rights and obligations provided in Regulation (EU) 2016/679 continue to apply when personal data are processed. Articles 13, 14 and 15 of Regulation (EU) 2016/679 require data controllers to ensure transparency towards data subjects on the collection and processing of personal data. Articles 16, 17 and 20 provides for the right to rectification, the right to be forgotten and the right to data portability respectively. Moreover, Article 22(1) of Regulation (EU) 2016/679 provides for the data subjects’ right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, subject to the exceptions provided for in paragraph 2 of that article. Those obligations and rights apply also to digital labour platforms and persons performing platform work.

Amendment 382 #

Proposal for a directive
Recital 31

(31) This Directive is without prejudice to Articles 13, 14, 15 and 22 of Regulation (EU) 2016/679, except for Articles 13(2)(f), 14(2)(g) and 15(1)(h) thereof, in relation to which Article 6 of this Directive provides for more 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 383 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 31 a (new)

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

Amendment 384 #

Proposal for a directive
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, or to monitor workers outside the performance of their work; 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, 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 385 #

Proposal for a directive
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, their promotion and their contractual status, including the restriction, or suspension ~~or termination~~ of their account. In addition to what is provided in Regulation (EU) 2016/679, information and consultation 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 and the competent supervisory authorities at their request, in order to enable them to exercise their functions.

Amendment 386 #

Proposal for a directive
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 387 #

Proposal for a directive
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, 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, including trade unions, and to national labour authorities at their request, in order to enable them to exercise their functions.

Amendment 388 #

Proposal for a directive
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, their promotion and their contractual status, including the restriction, suspension or termination of their account. ~~In addition~~Without prejudice 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~~Member States should specif~~ied~~y 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 389 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 have a significant~~ly a~~ effect on working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, 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 390 #

Proposal for a directive
Recital 32 a (new)

(32a) Automated and semi-automated monitoring and decision-making systems are present on all digital labour platforms and form part of their business model so as to ensure the service they provide fulfils their customers’ requests. These technologies are increasingly used to make decisions that were previously the preserve of employers and managers in all workplaces. According to the European enterprise survey1a, 42% of EU companies have used at least one of the AI-related technologies about which they were polled. According to the 2019 European survey of enterprises on new and emerging risks (ESENER), machines are used for worker management or monitoring in 12% of EU companies. For these reasons, rights relating to algorithmic management should apply to all workers, not just those engaged in platform work. __________________ 1 a European enterprise survey on the use of technologies based on artificial intelligence, European Commission, 2020 ; https://digital- strategy.ec.europa.eu/en/library/european -enterprise-survey-use-technologies- based-artificial-intelligence

Amendment 391 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 32 a (new)

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

Amendment 392 #

Proposal for a directive
Recital 32 b (new)

(32b) Digital platform work, as defined in Article 2, is the most visible form of a wider and increasingly frequent trend towards the organisation of work in a manner subject to the use of automated or semi-automated algorithms which remain largely invisible to workers and their representatives and over which they often have little control, leading to a growing precarisation of work, as evidenced by the ever-increasing number of atypical workers. This Directive should therefore apply to all workers working via an automated or semi-automated system.

Amendment 393 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Christian SAGARTZ

Proposal for a directive
Recital 33

(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets, price sensitive information or is protected by intellectual property rights. Digital labour platforms should also not be required to disclose information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of the system. However, the result of those considerations should not be a refusal to provide all the information required by this Directive.

Amendment 394 #

Proposal for a directive
Recital 33

Amendment 395 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 33

(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets or is protected by intellectual property rights or which would with reasonable certainty result in the enabling of deception of consumers or consumers harm through the manipulation of the system without prejudice to Directive (2016/943). However, the result of those considerations should not be a refusal to provide all the information required by this Directive.

Amendment 396 #

Proposal for a directive
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~~as well as algorithms~~, or~~ and other detailed data that contains commercial secrets or 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 Directiveinfluence the way work is organised and working conditions.

Amendment 397 #

Proposal for a directive
Recital 33

(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets or is protected by intellectual property rights in accordance with Directive (EU) 2016/943. However, the result of those considerations should not be a refusal to provide ~~all the~~ information required by this Directive.

Amendment 398 #

Proposal for a directive
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 secret~~which 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 Directive~~fundamental rights and freedoms of the workers or affecting working conditions or work organisation.

Amendment 399 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 33

(33) Digital labour platforms and undertakings using artificial intelligence and algorithms for staff management 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 commercial secrets or 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 Directive.~~

Amendment 400 #

Proposal for a directive
Recital 34

(34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are processed in a lawful, fair and transparent manner. Digital labour platforms should therefore not be allowed to process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform. Article 6(5) of this Directive provides for more 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. However, for the majority of data processed at work, the legal basis cannot and should not be employee consent, owing to the unbalanced nature of the employer-employee relationship, trade unions should play an important role in data governance to ensure that the rights laid down in Regulation (EU) 2016/679 are fully guaranteed in the employment relationship. Moreover, workers and workers’ representatives should have the right to access all data gathered, as well as to obtain the rectification or erasure of the data, to restrict the processing and to be notified about any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 of Regulation (EU) 2016/679.

Amendment 401 #

Proposal for a directive
Recital 34

Amendment 402 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 ~~monitoring~~supervising 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 ~~monitoring~~assessment 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 403 #

Proposal for a directive
Recital 35

(35) Digital labour platforms and an increasing number of other undertakings make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and discriminatory and contrary to labour law, 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~~oversee and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of ~~monitor~~overseeing 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 monitoring 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 404 #

Proposal for a directive
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 ensure human oversight to regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of monitoring 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 monitoring 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 405 #

Proposal for a directive
Recital 37

(37) In that context, persons performing platform work and any other worker subject to automated or semi-automated systems 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~~or semi-automated systems that affect their working conditions at the earliest opportunity and at the latest on the day on which such decisions take effect. For that purpose the digital labour platform and any other undertaking using automated or semi-automated monitoring and decision- making systems 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 and any other undertaking using those systems should provide the person performing platform work and any other worker subject to automated or semi-automated systems with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to reject work and to refuse the remuneration for work performed by that person, or affecting his or her contractual status~~, as such decisions~~ at the earliest opportunity and at the latest on the day on which such decisions take effect, as they are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Such decisions should be taken in line with applicable provisions in national legislation and collective agreements and those affecting the existence of the contractual relationship should never be taken by automated or semi-automated systems. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work or subject to these systems when performing their work consider their rights infringed, they should also have the right to request the digital labour platform or the undertaking 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 fundamental rights and freedoms, labour rights or the right to non- discrimination, the digital labour platform or the undertaking should rectify such decisions without delay or, where that is not possible, provide adequate compensation.

Amendment 406 #

Proposal for a directive
Recital 37

(37) In that context, persons performing platform work should have the right to obtain an human review and 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~~ access to work assignments, to restrict or suspend 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. A decision to terminate the account of a person performing platform work may be supported but never taken by an automated decision-making system unless necessary to safeguard the health and safety of the recipients of the service. Such decisions should be notified to the person prior to the decision coming into effect. 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, provide adequate compensation.

Amendment 407 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 they have been discriminated against or have had 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. Persons may receive support, assistance and advice from workers’ representatives if they wish, and can also assert their rights before a judicial or administrative authority. 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, provide adequat~~be prosecuted and punished just like any other company, and the worker should be compensat~~ion~~ed.

Amendment 408 #

Proposal for a directive
Recital 37

(37) In that context, ~~persons performing platform~~ workers should have the right to obtain an explanation from the digital labour platform or the undertaking 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~~, undertakings should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person a~~t the digital labour platform. In addition, digital labour platforms should provide the person performing platform~~nd should provide workers with a written statement of reasons for any decision toincluding decisions regarding the restriction, suspen~~d or terminate that person’s~~sion or closure of the account, to refuse the remuneration for work performed by th~~at person,~~e worker 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~~ workers consider their rights infringed, they should also have the right to request the ~~digital labour platform~~undertaking 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 undertakings, including the digital labour platforms should rectify such decisions without delay or, where that is not possible, provide adequate compensation.

Amendment 409 #

Proposal for a directive
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 and in line with Article 12 of Regulation EU (2016/679). 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, provide adequate compensation.

Amendment 410 #

Proposal for a directive
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 411 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Recital 37 a (new)

(37a) Article 20 of Regulation (EU)2016/679 lays down the right of data subjects, including persons performing platform work, to have the personal data transmitted directly from one controller to another, where technically feasible.

Amendment 412 #

Proposal for a directive
Recital 38

(38) Online platform work poses a range of both pre-existing and new OSH risks, both physical and psycho-social. Moreover, people working through platforms are exposed to particular health and safety risks, as it is often unclear how existing regulations apply (or not) to them, and the protective factors of a physical workspace do not exist. They usually receive little or no training, and have low prospects of career advancement1k. Council Directive 89/391/EEC63 introduces measures to encourage improvements in the safety and health of workers at work, including the obligation for employers to assess the occupational health and safety risks. As automated monitoring and decision-making systems potentially have significant impact on the physical and mental health of persons performing platform work, digital labour platforms should evaluate those risks, assess whether the safeguards of the systems are appropriate to address those risks and take appropriate preventive and protective measures. __________________ 1k Protecting Workers in EU Platform Economy, EU OSHA 2017, p. 28 63 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

Amendment 413 #

Proposal for a directive
Recital 38 a (new)

(38a) Digital labour platforms should not use automated monitoring and decision-making systems in any manner that puts undue pressure on persons performing platform work or otherwise puts at risk the physical and mental health of platform workers for example through the use of incentivising practices, such as exceptional bonuses, or punitive practices, such as ratings impacting working time and leading to the assignment of less work. They should strive to ensure automated monitoring and decision- making systems make use of input regarding the preferences and experiences of persons performing platform work in order to provide support to human monitoring and avoid any potential discriminatory decisions issued out of previously existing biases or practices.

Amendment 414 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 39

(39) Directive 2002/14/EC of the European Parliament and of the Council64 establishes a general framework for informing and consulting employees in the Union. The introduction of or substantial changes in the use of automated monitoring and decision-making systems by digital labour platforms have direct impacts on the work organisation and individual working conditions of platform workers. Additional measures are necessary to ensure that digital labour platforms inform ~~and consult~~, consult and take into account the requests and remarks of platform workers or their representatives before such decisions are taken, at the appropriate level and, given the technical complexity of algorithmic management systems, with the assistance of an expert chosen by the platform workers or their representatives in a concerted manner where needed. __________________ 64 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 415 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 39

(39) Directive 2002/14/EC of the European Parliament and of the Council64 establishes a general framework for informing and consulting employees in the Union. The introduction of or substantial changes in the use of automated monitoring and decision-making systems by undertakings and digital labour platforms have direct impacts on the work organisation and individual working conditions ~~of platform workers~~. Additional measures are necessary to ensure that undertakings and digital labour platforms inform and consult ~~platform~~ workers or their most representative unions before such decisions are taken, at the appropriate level and, given the technical complexity of algorithmic management systems, with the assistance of an expert chosen by the platform workers or their union representatives in a concerted manner where needed. __________________ 64 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 416 #

Proposal for a directive
Recital 39 a (new)

(39a) The Directive sets out a number of rights and tasks for “workers’ representatives”. It should be up to the workers to choose these representatives and collective bargaining, which aims to improve the working conditions of platform workers, should be the prerogative of the trade unions. If this were not the case, the powers provided for by the directive could be assumed by other workers’ representatives, even in workplaces where trade unions are present, which would undermine trade union prerogatives. Furthermore, an appropriate definition is needed to rule out the possibility of employers appointing employee representatives who are then not independent and who could therefore wrongly assume the prerogatives provided for by the directive – receiving reports or participating in joint wage assessments, for instance. Such a definition would improve the effectiveness of the proposed pay transparency measures and enable trade unions to play are more prominent role in the workplace. Defining ‘employee representatives’ intends to avoid both these problems. It ensures, firstly, that where trade unions are present in the workplace, ‘employee representatives’ means first and foremost ‘union representatives’. Secondly, it requires that, where both trade union and other elected employee representatives, such as works council representatives, are present in a workplace, measures are taken to ensure that the rights and responsibilities laid down in the Directive are determined in a manner that does not infringe on trade union prerogatives. This means, for instance, that trade unions shall remain responsible for collective bargaining, but that works council representatives may, if this is how powers are habitually allocated under national law and practice, be able to request and receive information on pay. Thirdly the definition means that, where no unions are present in a workplace, employee representatives should be elected by the workers in the organisation and not be chosen by or under the control of the employer. The rights and prerogatives of trade unions and other workers’ representatives set out in this Directive should be ensured and upheld in accordance with the ILO’s conventions (in particular Convention 87 on Freedom of Association and Protection of the Right to Organise, Convention 98 on the Right to Organise and Collective Bargaining, Convention 135 on Workers’ Representatives, Convention 151 on Labour Relations (Public Service) and Convention 154 on Collective Bargaining) and its accompanying recommendations, as well as the Council of Europe’s European Social Charter.

Amendment 417 #

Proposal for a directive
Recital 39 a (new)

(39a) The European Commission in its 2021 Action Plan for the Social Economy has acknowledged the significant economic and social role of social economy entities and has specifically mentioned platform cooperatives as “an example of participatory-governed businesses which use digital platforms to facilitate citizen engagement and the selling of locally produced goods and services, aiming to achieve better working conditions for their members.” The contribution of platform cooperatives to ensuring quality working conditions in platform work has also been recognized in the European Economic and Social Committee’s opinion on “Non-standard employment and platform cooperatives in the digital transformation of industry” (December 2021) and European Parliament’s report “Fair working conditions, rights and social protection for platform workers – New forms of employment linked to digital development” (September 2021).

Amendment 418 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 ~~monitoring~~assessment 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 419 #

Proposal for a directive
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, the 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 monitoring 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 420 #

Proposal for a directive
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 with an employment relationship. Therefore, the 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 monitoring 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 informa~~Further social protection, a~~nd consultation of platform workers or their represen~~s decided by Member Statives, ~~which are specific to workers in view of Union law, should not apply~~should be extended 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 421 #

Proposal for a directive
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, the 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 monitoring 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 union 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 422 #

Proposal for a directive
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, the rights in Articles 6, 7, 8 and 811a 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 monitoring 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 423 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 41

(41) In order to ensure that digital labour platforms comply with labour legislation and regulations, social security contribution obligations, social security coordination and other relevant rules, in particular if they are established in another country than the Member State in which the platform worker is performing work, digital labour platforms should declare work performed by platform workers to the competent labour and social protection authorities of the Member State in which the work is performed, in accordance with the rules and procedures laid down in the law of the Member States concerned, so as to avoid social and fiscal dumping. To this end, the European Labour Authority must promote exchanges of information between Member States and carry out joint inspections to ensure the proper implementation of the legislation.

Amendment 424 #

Proposal for a directive
Recital 41

(41) In order to ensure that digital labour platforms comply with labour legislation and regulations, taxation and social security contribution obligations, social security coordination and other relevant rules, in particular if they are established in another country than the Member State in which the platform worker is performing work, digital labour platforms should declare work performed by platform workers to the competent labour and social protection authorities of the Member State in which the work is performed, in accordance with the rules and procedures laid down in the law of the Member States concerned.

Amendment 425 #

Proposal for a directive
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. Digital work platforms should be listed in the applicable public business register, which should include relevant information on all digital work platforms operating in the country. This information should include, inter alia, the company’s number of workers, status and turnover.

Amendment 426 #

Proposal for a directive
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 workers’ representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and workers’ 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. Eurofound and the European Labour Authority should support the collection and sharing of those data for the purpose of developing appropriate risk assessment tools.

Amendment 427 #

Proposal for a directive
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, including trade unions, 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 428 #

Proposal for a directive
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 union 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 429 #

Proposal for a directive
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 430 #

Proposal for a directive
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, average duration of activity and average income from activity 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 431 #

Proposal for a directive
Recital 43

(43) An extensive system of enforcement provisions for the social acquis in the Union has been developed, elements of which should be applied to this Directive in order to ensure that persons performing platform work have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Where an employment contract is terminated, the Union should support and complement the activities of the Member States in the field of protection of workers. Specifically, having regard to the fundamental nature of the right to effective legal protection, persons performing platform work should continue to enjoy such protection even after the end of the employment or other contractual relationship giving rise to an alleged breach of rights under this Directive.

Amendment 432 #

Proposal for a directive
Recital 43

(43) An extensive system of enforcement provisions for the social acquis in the Union has been developed, elements of which should be applied to this Directive in order to ensure that persons performing platform work have access to timely, effective and impartial dispute resolution and a right to redress, including adequate compensation. Specifically, having regard to the fundamental nature of the right to effective legal protection, persons performing platform work should continue to enjoy such protection even after the end of the employment or other contractual relationship giving rise to an alleged breach of rights under this Directive.

Amendment 433 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Christian SAGARTZ

Proposal for a directive
Recital 44

(44) Representatives of persons performing platform work should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisalsExcept to the extent that national law provides for it, individuals should not be subject to collective action on their behalf without having agreed explicitly to the action. This is in order to ensure that collective action by representatives of persons performing platform work would not result in persons performing platform work being reclassified against their will.

Amendment 434 #

Proposal for a directive
Recital 44

(44) Representatives of persons performing platform work, including trade unions, should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisals.

Amendment 435 #

Proposal for a directive
Recital 44

(44) RUnion representatives of persons performing platform work should be able to represent one or several persons performing platform work in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Bringing claims on behalf of or supporting several persons performing platform work is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of reprisals.

Amendment 436 #

Proposal for a directive
Recital 44 a (new)

(44a) The creation of Union measures regarding platform work should not increase litigation and legal uncertainty, but rather support European business opportunities and social protection of persons performing platform work.

Amendment 437 #

Proposal for a directive
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. In some areas prevalent in platform work, such as digital remote services or design work, many Member States lack established workers’ organisations or trade unions. Persons performing platform work should be free to organise, choose representatives and be taken into account in social dialogue and collective bargaining processes, regardless of their employment status. Persons performing platform work can also be exposed to the increased risk of violence, including gender-based violence and harassment. It is therefore necessary to create digital communication and reporting 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 and report incidents of violence or harassment. 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 438 #

Proposal for a directive
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 439 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ

Proposal for a directive
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 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. 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 communicationsfacilitate the establishment of such communication channels while respecting the protection of personal data.

Amendment 440 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 or, where they already exist, support 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. 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 441 #

Proposal for a directive
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 private and protected 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. 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, limiting or monitoring those communications.

Amendment 442 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
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 union representatives, also in view of defending their interests towards the employer. It is therefore necessary to create 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 union representatives. 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 443 #

Proposal for a directive
Recital 46

(46) In administrative or judicial proceedings regarding the correct determination of the employment status of persons performing platform work, the elements regarding the organisation of work allowing to establish the employment status and in particular whether the digital labour platform ~~controls certain~~limits the engagement in work for other clients or through other platforms or digital and offline means, as well as whether it controls certain key and determining elements of the performance of work may be in the possession of the digital labour platform and not easily accessible to persons performing platform work and competent authorities. National courts or competent authorities should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential information, subject to effective measures to protect such information.

Amendment 444 #

Proposal for a directive
Recital 46

(46) In administrative or judicial proceedings regarding the correct determination of the employment status of persons performing platform work, the elements regarding the organisation of work allowing to establish the employment status ~~and in particular whether the digital labour platform controls certain elements of the performance of work~~ may be in the possession of the digital labour platform and not easily accessible to persons performing platform work ~~and competent authorities. National courts or competent authoritie~~. National courts should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential information, subject to effective measures to protect such information.

Amendment 445 #

Proposal for a directive
Recital 46

(46) In administrative or judicial proceedings regarding the correct determination of the employment status of persons performing platform work, the elements regarding the organisation of work allowing to establish the employment status and in particular whether the digital labour platform controls certain elements of the performance of work may be in the possession of the digital labour platform and not easily accessible to persons performing platform work and competent authorities. National courts or competent authorities should therefore be able to order the digital labour platform to disclose any relevant evidence which lies in their control, including confidential ~~information, subject to effective measures to protect such~~ information.

Amendment 446 #

Proposal for a directive
Recital 47

(47) Given that Article 6, 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 and well as the communication channels established in Article 15. 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 447 #

Proposal for a directive
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 448 #

Proposal for a directive
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, including in cross-border situations, without prejudice to the independence of data protection supervisory authorities.

Amendment 449 #

Proposal for a directive
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)

(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

(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 452 #

Proposal for a directive
Recital 49

(49) Since 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. 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 453 #

Proposal for a directive
Recital 50

(50) This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain provisions which are more favourable for platform workers and workers subject to automated or semi- automated monitoring and decision- making systems. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union or national law in this field, nor can it constitute valid grounds for reducing the general level of protection in the field covered by this Directive.

Amendment 454 #

Proposal for a directive
Recital 51

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

Amendment 455 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Recital 51

Amendment 456 #

Proposal for a directive
Recital 51

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

Amendment 457 #

Proposal for a directive
Recital 52 a (new)

(52a) Member States should take appropriate measures to ensure that all digital labour platforms recognise the right of persons performing platform work to organise, to join a trade union, and to participate in collective bargaining, in accordance with national law and practice.

Amendment 458 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons ~~performing~~engaged in platform work, except those performing regulated liberal professions as free lancers, and especially platform workers: (i) by ensuring correct determination of ~~their~~ employment status, of dependent contractors; (ii) by promoting transparency, fairness and accountability in algorithmic management in platform work ~~and~~; (iii) 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. ; (iiii) by acknowledging the specifics of self-employed platform workers, including people transitioning from one status to another or who have both statuses, but not using working-time limitations as a reason of exemption from social coverage.

Amendment 459 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by 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 Unionlatform workers and the protection of natural persons performing platform work regarding the processing of their personal data.

Amendment 460 #

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 461 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions: – of persons performing platform work by ensuring the correct determination of their employment status, by promoting transparency, fairness, safety and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations~~, while supp~~; – of all workers whose wortking ~~the~~ conditions ~~for the sustainable growth of digital labour platforms in the Union~~and employment relationships are managed and monitored through the use of automated systems, in order to ensure the accessibility and transparency of algorithms.

Amendment 462 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform workers and the protection of natural persons performing platform work regarding the processing of their data, 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 463 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by 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 464 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions and social protection of persons performing platform work by ensuring the correct determination of their employment status, by promoting transparency, fairness, human oversight 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 innovation and the sustainable growth of digital labour platforms in the Union.

Amendment 465 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status with a view to guaranteeing their rights, 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 466 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by 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 European competitiveness, innovation and the sustainable growth of digital labour platforms in the Union.

Amendment 467 #

Proposal for a directive
Article 1 – paragraph 2 – introductory part

2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, 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~~each Member States with consideration to the case-law of the Court of Justice. This Directive shall be without prejudice to the full respect of the autonomy of social partners, including their right to negotiate and conclude collective agreements.

Amendment 468 #

Proposal for a directive
Article 1 – paragraph 2 – introductory part

2. This Directive also lays down minimum rights that apply to every person performing platform work in the Union who has, an employment contract 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~~national courts and the Court of Justice of the European Union.

Amendment 469 #

Proposal for a directive
Article 1 – paragraph 2 – introductory part

Amendment 470 #

Proposal for a directive
Article 1 – paragraph 2 – introductory part

Amendment 471 #

Proposal for a directive
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. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.

Amendment 472 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 473 #

Proposal for a directive
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 o~~regardless of their employment ~~relationship~~status.

Amendment 474 #

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 a (new)

This Directive shall be without prejudice to the autonomy of social partners and their right to negotiate and conclude collective agreements in accordance with national law and practice.

Amendment 475 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC, Anne SANDER, Christian SAGARTZ

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.

Amendment 476 #

Proposal for a directive
Article 1 – paragraph 3

3. This Directive applies to every person performing platform work in the Union and to every digital labour platforms organising platform work performed in the Union, irrespective of their platform's place of establishment and irrespective of the law otherwise applicable.

Amendment 477 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 1 – paragraph 3

3. This Directive applies to every person performing platform work in the Union and to every digital labour platforms organising platform work performed in the Union, irrespective of their platform’s place of establishment and irrespective of the law otherwise applicable.

Amendment 478 #

Proposal for a directive
Article 1 – paragraph 3

3. This Directive applies to digital labour platforms organising platform work performed in the Union, irrespective of their place of establishment ~~and irrespective of the law otherwise applicable~~of the company or the customer. The digital work platform must comply with the applicable legislation in the country in which the service is provided.

Amendment 479 #

Proposal for a directive
Article 1 – paragraph 3

3. This Directive applies to ~~digital labour platforms organising platform work perform~~self- employed workers established in the Union, irrespective of their place of establishment ~~and irrespective of the law otherwise applicable~~of any labour platforms organising their work.

Amendment 480 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 1 – paragraph 3 a (new)

3a. Articles 6, 7, 8 and 9 shall also apply to all those whose working conditions are managed and monitored through the use of automated systems, in order to ensure the accessibility and transparency of algorithms and to all undertakings using such systems.

Amendment 481 #

Proposal for a directive
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:~~s via a workforce which it organises by automated or semi- automated means and algorithms, with a view to the performance of the service it offers. Digital labour platforms exercise, by means of automated or semi-automated systems, the prerogatives of an employer and must therefore assume their responsibilities and comply with the obligations incumbent upon employers under national law.

Amendment 482 #

Proposal for a directive
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 483 #

Marianne VIND

Proposal for a directive
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:~~making significant use of electronic means to organise the provision of a service to a third party;

Amendment 484 #

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

(1) ‘digital labour platform’ means any natural or legal person mediating between supply and demand by providing a commercial service which meets all of the following requirements:

Amendment 485 #

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

(1) ‘digital labour platform’ means any natural or legal person providing a commercial service as a digital intermediary between supply and demand which meets all of the following requirements:

Amendment 486 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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:

Amendment 487 #

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

~~(a) distance through electronic means, such as a website or a mobile application;~~deleted it is provided, at least in part, at a

Amendment 488 #

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

(a) it is provided, at least in a decisive part, at a distance through electronic means, such as a website or a mobile application;

Amendment 489 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

~~(b) it is provided at the request of a recipient of the service;~~deleted

Amendment 490 #

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

~~(b) it is provided at the request of a recipient of the service;~~deleted

Amendment 491 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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;~~deleted

Amendment 492 #

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

(c) it involves, as a necessary and essential component, ~~the organis~~a certain organisation or coordination of work performed by individuals, irrespective of whether that work is performed online or in a certain location and irrespective of whether those individuals are employees or self- employed, depending on the degree of decisive power to which they are bound;

Amendment 493 #

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

(c) it involves, as a necessary and essential component, the systematic and algorithmic organisation of work performed by individuals, irrespective of whether that work is performed online or in a certain location;

Amendment 494 #

Proposal for a directive
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

(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 496 #

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

(2) ‘platform work’ means any work organised 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 or another party , irrespective of whether a contractual relationship exists between theat individual or the party and the recipient of the service;

Amendment 497 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(2) ‘platform work’ means any work organised and directed 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 498 #

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

(2) ‘platform work’ means any work ~~organis~~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 499 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC

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

(2) ‘platform work’ means any work essentially organised through a digital labour platform and performed in the Union by an individual on the basis of a direct contractual relationship between the digital labour platform and the individual, i~~rrespective of whether a~~n case no contractual relationship exists between the individual and the recipient of the service;

Amendment 500 #

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

(2) ‘platform work’ means any work ~~organis~~provided 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~~n employee or a self-employed relationship exists between the individual and the ~~recipient of the service~~platform;

Amendment 501 #

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

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

Amendment 502 #

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

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

Amendment 503 #

Proposal for a directive
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 504 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC

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

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

Amendment 505 #

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

(3) ‘person performing platform work’ means any individual performing platform work, irrespective of the ~~contractual designation~~nature of the relationship between that individual and the ~~digital~~ labour platform ~~by the parties involv~~, whether employee or self-employed;

Amendment 506 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘platform worker’ means any ~~person~~individual performing platform work who has, or who based on an assessment of facts is 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;

Amendment 507 #

Proposal for a directive
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 to the case-law of ~~the Court of Justice~~national courts and the Court of Justice of the European Union;

Amendment 508 #

Proposal for a directive
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 national law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;

Amendment 509 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘platform ~~worker~~employee’ 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 to the case-law of the Court of Justice;

Amendment 510 #

Proposal for a directive
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 to~~and in accordance with the case-law of the Court of Justice;

Amendment 511 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)

(4a) “self-employed person», engaged in platform work means any person, engaged in platform work, who does not have employment contract or employment relations with the platform under national or Union law presumption, irrespective of the task she/he performs or services she/he provides, qualification, time dedicated to platform work through the respective platform and income level, including, but not limited to persons, performing regulated professions as free- lancers and persons, performing marginal work.

Amendment 512 #

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

(5) ‘“workers’ representatives’” means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; (b) elected representatives, namely, representatives who are freely elected by the workers’ of the organisation~~s or representatives provided for by national law or practices, or both;~~ , not under the domination or control of the employer in accordance with provisions of national laws or collective agreements and whose functions do not include activities which are the exclusive prerogative or trade unions; (c) where (under national law and in practice) both trade union representatives and elected representatives are present in the same organisation, the appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of trade unions or their representatives and to ensure the exclusive prerogatives of trade unions are preserved, in particular the right to collective bargaining and to conclude a collective agreement and to have (digital) access to the workers; (d) workers’ right to choose to organise in a trade union and to collective bargaining must be upheld;

Amendment 513 #

Proposal for a directive
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 organisation~~s or~~ to representat them in accordance with national law and practice. The exclusives pr~~ovided 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 514 #

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

(5) ‘representatives’ means the platform workers’ organisations or representatives including trade unions, provided for by national law or practices, or both or the organisations or representatives of persons performing platform work who do not have an employment relationship;

Amendment 515 #

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

(5) ‘representatives’ means the workers’ organisations or representatives of persons performing platform work provided for by national law or practices, or both;

Amendment 516 #

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

(5) ‘representatives’ means the ~~workers’~~ organisations or representatives ~~provided for by national law or practices, or both~~of persons performing platform work, according to applicable national law;

Amendment 517 #

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

(5) ‘'representatives’ means the platform workers’ organisations or representatives provided for by national law or practices, or both;

Amendment 518 #

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

(5) ‘representatives’ means ~~the workers’ organisations or~~ representatives provided for by national law or practices~~, or both~~;

Amendment 519 #

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

(5) ‘representatives’ means the ~~workers’~~ organisations or union representatives provided for by national law or practices~~, or both~~;

Amendment 520 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)

(5a) ‘workers’ representatives’ means: (a) trade union or workers’ representatives according to national law or practice; (b) elected representatives where they exist according to national law or practice, namely, representatives who are freely elected by the workers of the undertaking, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions.

Amendment 521 #

Proposal for a directive
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 522 #

Proposal for a directive
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 523 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)

(5b) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological, or behavioural features, signals, or characteristics of a natural persons, such as facial expressions, movements, pulse frequency, voice, keystrokes or gait.

Amendment 524 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

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

Amendment 525 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Radan KANEV, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)

(6a) ´Code of Conduct´ means a form of self-regulation focused on improving working conditions of genuine self- employed persons performing platform work which shall: (a) be such that it is broadly accepted by the main stakeholders at Union level (b) clearly and unambiguously set out its objectives; (c) include an ex-ante review of the contractual terms between the platform and the persons performing platform work (d) provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at; and (e) provide for effective enforcement including effective and proportionate sanctions. The signatories of the Code of Conduct shall submit the draft of the code to the Commission. The Commission shall make the Code of conduct publicly available.

Amendment 526 #

Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)

(6a) ‘self-employed person working via a platform’ means any person providing services via the digital work platform in a manner that, on the basis of an assessment of the facts, meets all of the following criteria: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer’s company; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.

Amendment 527 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)

(6b) ‘automated monitoring and decision-making systems’ means any system, software or process that makes use of computations to aid or replace management decisions or rules that impact the organisation of work or the opportunities, access, freedoms, rights and/or safety of workers.

Amendment 528 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)

(6c) ‘undocumented third-country worker’ means a third-country national who performs work in the territory of a Member State and who does not fulfil or who no longer fulfils the conditions for legal presence or residence in that Member State.

Amendment 529 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 or to sell goods or services, or organisations classified as a small or medium sized enterprise according to Commission Recommendation 2003/361/EC. 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. The organisation of work as a digital intermediary must be an essential and predominant part of the company's business model and of a systematic nature. Companies that conclude work or service contracts electronically with external service providers are not included.

Amendment 530 #

Proposal for a directive
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 or online platforms within the meaning of the Digital Services Act and their directly associated services whose primary purpose is to offer or facilitate offers for sales of goods or services excluding food products for their immediate consumption, or those who provide services that are of non-profit- making nature. 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 531 #

Proposal for a directive
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. The organisation of work as a digital intermediary must be an essential and predominant part of the platform’s business model and of a systematic nature. Companies that directly conclude contracts for work or services with external service providers are not covered.

Amendment 532 #

Proposal for a directive
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 or coordination of work performed by the individual constitutes not merely a minor and purely ancillary component, though irrespective of the degree of decisive power exercised over the person performing platform work and consequently on the nature of the relationship between such person and the platform, whether that of employee or self-employed.

Amendment 533 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 ~~primar~~only 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 534 #

Proposal for a directive
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 535 #

Proposal for a directive
Article 2 – paragraph 2

Amendment 536 #

Proposal for a directive
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 or to resell goods or services, or those who provide a service that is of a non-profit making nature. 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 537 #

Proposal for a directive
Article 2 – paragraph 2

Amendment 538 #

Proposal for a directive
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 ~~asset~~goods or assets or the resale of goods or services. 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 539 #

Proposal for a directive
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 or to resell goods or services. 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 540 #

Proposal for a directive
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 or to resell goods or services. 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 541 #

Miriam LEXMANN

Proposal for a directive
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~~, or organisations classified as a small or medium sized enterprise according to Commission Recommendation 2003/361/EC.

Amendment 542 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have ~~appropriat~~the 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 543 #

Proposal for a directive
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 544 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have appropriate 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~~. Where such procedures already exist, they shall be harmonized with this Directive through new legislation and collective agreements taking into account the 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 545 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have appropriate 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 national courts and the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.

Amendment 546 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have appropriate 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 independent 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 547 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have appropriate 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, case 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 548 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have appropriate 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~~each Member States with consideration to the case-law of the Court of Justice, and ensur~~ing~~e that they enjoy the rights deriving from Union law applicable to workers.

Amendment 549 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall have ~~appropriate~~ 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 550 #

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved and the will of the parties. WThe~~re the existence~~ party assuming the obligations of anthe employ~~ment relationship is established based on facts, t~~er shall be clearly identified in accordance with national legal systems. Member States may not adopt regression clauses liable to exempt digital work platforms from their responsibility as employers. The party assuming the employer’s obligations ~~of the employer shall be clearly identified in accordance with national legal systems~~must therefore comply with its legal obligations under national law in respect of labour requirements (including sectoral obligations established by collective agreements), income tax, social security funding, health and safety responsibilities, due diligence and corporate social responsibility.

Amendment 551 #

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship of persons performing platform work 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 assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.

Amendment 552 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 3 – paragraph 2

Amendment 553 #

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, ~~taking into account the use of algorithms in the organisation of platform work,~~ irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on facts, the party assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.

Amendment 554 #

Proposal for a directive
Article 3 – paragraph 2

Amendment 555 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC, Christian SAGARTZ

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship shall be guided ~~primarily~~ by the facts relating to the actual performance of work~~, taking into account the use of algorithms in the organisation of platform work,~~ by the individual in question on a case by case basis 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 assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.

Amendment 556 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

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

2a. 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.

Amendment 557 #

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

2a. Digital labour platforms exerting the prerogatives of employers are undertakings and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity, 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 558 #

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

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

Amendment 559 #

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

2a. Social partners shall be encouraged to conclude collective agreements on platform working conditions in line with their national practices in the field of industrial relations and social dialogue. Where such collective agreements are in place and do not provide for the legal presumption, the latter shall not apply.

Amendment 560 #

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

2a. 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 shall apply, to respect different national labour laws.

Amendment 561 #

Milan BRGLEZ, Manuel PIZARRO, Estrella DURÁ FERRANDIS, Agnes JONGERIUS, Vilija BLINKEVIČIŪTĖ

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

2a. If a person performing platform work wishes to be or remain self- employed and so agrees with the digital labour platform, such self-employment relationship shall be legally recognised as such.

Amendment 562 #

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

2a. The provisions of this Directive apply in full to digital labour platforms exerting the function of temporary work agencies, in addition to the provisions of Directive 2008/104/EC.

Amendment 563 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
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 564 #

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

2b. Member States shall ensure the possibility for any of the parties to rebut the employment status referred to in paragraph 1 in legal or administrative proceedings or both.

Amendment 565 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Anne SANDER

Proposal for a directive
Article 3 a (new)

Article 3a This Directive shall apply without prejudice to the Directive 2008/104/EC.

Amendment 566 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 4

~~[...]~~deleted

Amendment 567 #

Proposal for a directive
Article 4 – title

Legal ~~presumption~~status

Amendment 568 #

Proposal for a directive
Article 4 – title

~~Legal presumption~~Measures for employment status

Amendment 569 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 4 – title

LRebuttable legal presumption

Amendment 570 #

Guido REIL

Proposal for a directive
Article 4 – paragraph 1

(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. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption.deleted

Amendment 571 #

Proposal for a directive
Article 4 – paragraph 1

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. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption.deleted

Amendment 572 #

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

1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform ~~shall be legally presumed to be an employment relationship~~which leads to the existence of an employment relationship shall be bound to a specific criteria. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, which shall be based on the criteria included in paragraph 2, given that the digital labour platform restricts that person's freedom, including through sanctions, to organise his or her work and controls its execution, within the meaning of paragraph 2.

Amendment 573 #

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

1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, in order to ensure that the legal presumption can be relied upon by competent authorities verifying compliance with or enforcing relevant legislation as well as persons performing platform work who dispute the classification of their employment status.

Amendment 574 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

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

1. TShould the determination of the employment status of a person performing platform work be disputed in a legal or administrative proceeding in accordance with national legislation and practices, 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. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

Amendment 575 #

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

1. The contractual relationship between a digital labour platform ~~that controls, within the meaning of paragraph 2, the performance of work~~, and a person performing platform work through that platform shall be legally presumed to be an salaried employment relationship. To that effect, Member States shall establish a framework of measures~~, in accordance with their national legal and judicial systems.~~ classifying workers performing work via a digital platform as employees with stable contracts1a, in accordance with their national legal and judicial systems. __________________ 1a https://www.ilo.org/public/french/bureau/ stat/class/icse.htm

Amendment 576 #

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

1. ~~The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work~~A person performing platform work is either a worker or a genuine self- employed. The relationship between a digital labour platform and a person performing platform work through that platform shall be legally presumed to be an employment relationship and therefore digital labour platforms shall be presumed to be employers. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

Amendment 577 #

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

Amendment 578 #

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

Amendment 579 #

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

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

Amendment 580 #

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

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

Amendment 581 #

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

1. ~~The contractual relationship between a digital labour platform that controls, within the mean~~Member States shall establish a framework of measures, in accordance with their national legal, case law and judicial systems ing o~~f paragraph 2, the performance of work and a~~rder to be able to determine the employment status of persons performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. Member States shall ensure that people doing platform work can have their employment status checked in a low- threshold and easily accessible manner via an official national body.

Amendment 582 #

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

1. The contractual relationship between a digital labour platform ~~that controls, within the meaning of paragraph 2, the performance of work~~ and a person performing platform work through that platform shall be legally presumed to be an employment relationship~~. To that effect, Member States shall establish a framework of measures, in accordance~~ when the digital labour platform restricts that person’s freedom, including through sanctions, to organise his or her work and controls its execution, within the~~ir national legal and judicial systems~~ meaning of paragraph 2.

Amendment 583 #

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

1. The contractual relationship between a digital labour platform ~~that controls, within the meaning of paragraph 2, the performance of work~~ and a person performing platform work through that platform shall be legally presumed to be an self-employ~~ment~~ed relationship. To that effect, Member States shall establish a framework of measures in order to complement the social protection of all self-employed, in accordance with their national legal and judicial systems.

Amendment 584 #

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

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

Amendment 585 #

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

Amendment 586 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, José GUSMÃO

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

Amendment 587 #

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

The legal presumption shall apply ~~in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legis~~from the entry into force of this Directive. Competent authorities and bodies registering administrative procedures, verifying compliance with or enforcing relevant legislation must be able to rely on that presumption. To that end, the procedure for platforms already operating within the Member States shall be as follows: (a) Member States shall provide and maintain a list of digital platforms operating on their territory; (b) The platform shall be informed that workers performing work on a digital platform are deemed to be salaried workers from the entry into force of this Directive. The transposition period will enable administrative and legal measures to be put in place to ensure compliance with this presumption or rebuttal of it before the authorities of the Member State in which the platform operates; (c) If a rebuttal of the legal presumption via a reversal of the burden of proof as provided for in Article 5 has not taken place or has not been upheld by the authorities responsible for enforcing the legislation, then the worker performing work via a digital platform must hold a stable employment contract at the latest on the day on which these legislative provisions enter into force in accordance with Article 21, without precluding digital platforms or Member States from implementing the legal presumption in advance. If a new platform is established: (a) Member States shall update the list of digital platforms operating on their territory; (b) The presumption of a salaried employment relationship shall ~~be able to rely on that presumption.~~ apply; (c) The platform may attempt to rebut the legal presumption via a reversal of the burden of proof, as provided for in Article 5. If the authorities responsible for enforcing the legislation uphold the rebuttal, then the platform’s workers must be self-employed. The platform may operate in the territory of the Member State in question, provided that it complies with the decision of these authorities; (d) Both the platform and the workers may lodge an appeal against the decision if they see fit.

Amendment 588 #

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

The legal presumption shall not lead to an automatic determination of all persons performing platform work to be in an employment relationship and shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall ~~be able to rely on that presumption.~~ determine if the contractual relationship is legally presumed to be an employment relationship within the meaning of paragraph 2, and be able to rely on that presumption. To this end, the digital labour platforms shall be required to assist the competent authorities, notably by providing all relevant information held by it.

Amendment 589 #

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

The legal presumption shall apply in ~~all relevant administrative and legal proceedings~~proceedings initiated by: (1) Individual action, such as court procedures or, where applicable, administrative procedures or dispute resolution; (2) Action by enforcement authorities, where such authorities exist. Competent authorities verifying compliance with or enforcing relevant legislation shall, where they exist, be able to rely on thate presumption.

Amendment 590 #

Radan KANEV, Anne SANDER

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

The legal presumption shall apply, along with relevant national legislation, in all relevant administrative and legal proceedings under relevant national law. Competent national authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption. Members States shall not amend procedures and competent authorities, already engaged in the enforcement of existing presumptions and procedures.

Amendment 591 #

Marianne VIND

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

The legal presumption shall apply in all relevant administrative and legal proceedings~~. Competent authorit~~, including where trade unions, in accordance with national law, take industrial action over collective agreements. Competent bodies verifying compliance with or enforcing relevant lregisulation, including collective agreements, shall be able to rely on that presumption.

Amendment 592 #

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

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

Amendment 593 #

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

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

Amendment 594 #

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

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

Amendment 595 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The legal presumption established under paragraph 1 will not apply if a majority of the following criteria are met:

Amendment 596 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 597 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 598 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 599 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 600 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 601 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood a~~s fulfilling at least two of the following:~~ lways, in view of Article 15 of the Charter of Fundamental Rights and the right to engage in work, when the contractual relationship with the platform is limiting the freedom of the person, engaged in platform work, to provide services to unlimited number of clients and/or through unlimited number of platforms and other digital and offline means. Controlling of the performance of work could also be understood, based on national legislation, collective agreements and practice, as fulfilling a majority of the following, except where it is required by applicable local law or regulations, or collective bargaining agreements, or it is necessary to safeguard the health and safety of the recipients of the service, or it is required to provide satisfactory consumer service, or it is required to prevent fraud at the expense of consumers or platform workers, or it is required to reach goals related to zero emission mobility:

Amendment 602 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. ~~Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least~~Member States shall establish criteria to define the effective monitoring of work done by a digital work platform at national level, in line with national provisions governing the employment relationship. When defining criteria, Member States bear in mind that controlling the performance of work within the meaning of paragraph 1 is characterised by effective limitation, enforced by penalties, of the freedom to organise work independently, in particular the freedom two ~~of the following:~~choose working hours or periods of absence or to accept or refuse work.

Amendment 603 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. ~~Controlling the performance of work~~In particular, the instruction- bound provision of the service speaks in favour of classification as a platform employee. This is assessed within the meaning of ~~paragraph 1 shall be understood as fulfilling at least two of the following~~existing national legislation. The competent national bodies that check or enforce compliance with the relevant legal provisions may, insofar as this is compatible with applicable national law and national legal practice, take the following additional points into account in the classification:

Amendment 604 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling a~~t least two of the following~~ majority of the following, except where it is required by applicable local law or regulations, collective agreements, or it is necessary to safeguard the health and safety of the recipients of the service, prevent fraud or is required for the essential functioning of the service:

Amendment 605 #

Sara SKYTTEDAL, Miriam LEXMANN, Radan KANEV, Stefan BERGER, Tomáš ZDECHOVSKÝ, Gheorghe FALCĂ, Romana TOMC, Eugen TOMAC, Lukas MANDL, Rosa ESTARÀS FERRAGUT, Christian SAGARTZ, Aldo PATRICIELLO, Maria WALSH, Jessica POLFJÄRD

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling a~~t least two~~ majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:

Amendment 606 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. ~~Controlling~~Restricting the freedom to organise one's work and controlling the execution of the performance of work within the meaning of paragraph 1 shall be understood as defacto fulfilling at least two of the following:

Amendment 607 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Control~~ling~~ of the performance of work within the meaning of paragraph 1 shall be ~~understood as fulfilling at least two of the following~~deduced from a body of evidence established by means of exhibits such as:

Amendment 608 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling a~~t least two~~ majority of the following:

Amendment 609 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be ~~understood as fulfilling at least two of the following:~~based on an overall assessment of independence.

Amendment 610 #

Proposal for a directive
Article 4 – paragraph 2 – point a

~~(a) effectively determining, or setting upper limits for the level of remuneration;~~deleted

Amendment 611 #

Proposal for a directive
Article 4 – paragraph 2 – point a

~~(a) effectively determining, or setting upper limits for the level of remuneration;~~deleted

Amendment 612 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 2 – point a

~~(a) effectively determining, or setting upper limits for the level of remuneration;~~deleted

Amendment 613 #

Proposal for a directive
Article 4 – paragraph 2 – point a

~~(a) effectively determining, or setting upper limits for the level of remuneration;~~deleted

Amendment 614 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) effectively determining, or setting upper limits for ~~the level of remuneration~~and limiting the overall level of remuneration of the platform worker;

Amendment 615 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) effectively determining, or setting ~~upper limits for the level of remuneration~~the daily, weekly, fortnightly or monthly remuneration of the platform worker;

Amendment 616 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively~~De facto determining, or setting ~~upper limits for the~~the total level of remuneration, beyond what is required by law;

Amendment 617 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively determining, or setting upper limits for the level of remuneration;~~The amount of the platform's instruction on how, where and when the work is to be performed.

Amendment 618 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively~~ determining, or setting upper limits for the level of remuneration;

Amendment 619 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively~~de facto determining, or setting ~~upper limits for~~ the level of remuneration;

Amendment 620 #

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;~~deleted

Amendment 621 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;~~deleted

Amendment 622 #

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;~~deleted

Amendment 623 #

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;~~deleted

Amendment 624 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work, beyond what is required for compliance with applicable local law or regulations, or collective bargaining agreements, or is necessary to safeguard the health and safety of the recipients of the service, or is required to provide satisfactory consumer service, or is required to prevent fraud at the expense of consumers or platform workers, or is required to reach goals related to zero emission mobility;

Amendment 625 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work, excluding measures or rules required by existing EU, national and local law to safeguard data protection and the health and safety of persons performing platform work and the recipients of the service provided;

Amendment 626 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;

Amendment 627 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect ~~specific~~extensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.

Amendment 628 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) ~~requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or perf~~to which extent the worker is integrated in the platform's ormgan~~ce of the work;~~isation.

Amendment 629 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) re~~quir~~stricting the ~~person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the w~~ability of an individual to fix their own hours of "work" within certain parameters and to tailor their time to suit their personal convenience rather than solely the interest of the digital labour platforkm;

Amendment 630 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the ~~work~~service;

Amendment 631 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to ~~appearance, conduct towards the recipient of the service or performance of the work~~the performance of the work that entail exercising decisive power over such person;

Amendment 632 #

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 633 #

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 634 #

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 635 #

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 636 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 637 #

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 638 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) closely supervising the performance of work or ~~verifying~~thoroughly verifying and taking actions based on the quality of the results of the work including by electronic means;, beyond what is required for compliance with local law, or regulations or is necessary to safeguard the health and safety of platform workers, or the recipients of the service or is required to provide satisfactory consumer service, or is required to prevent fraud at the expense of consumers or individuals working through platforms, or is required to reach goals related to zero emission mobility.

Amendment 639 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) closely supervising the performance of work or thoroughly verifying the quality of the results of the work including by electronic means beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;

Amendment 640 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) supervising the performance of work ~~or verifying the quality of the results of the work including by ele~~including by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrioni~~c means;~~ng of the service.

Amendment 641 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) supervising the performance of ~~work~~the service or verifying the quality of the results of the work including by electronic means;

Amendment 642 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;deleted

Amendment 643 #

Proposal for a directive
Article 4 – paragraph 2 – point d

Amendment 644 #

Proposal for a directive
Article 4 – paragraph 2 – point d

Amendment 645 #

Proposal for a directive
Article 4 – paragraph 2 – point d

Amendment 646 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) ~~effectively restricting the freedom, including through sanctions, to organise one’s work, in particular~~restricting the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;

Amendment 647 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) ~~effectively~~de facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks, including from other digital platforms or to use subcontractors or substitutes;

Amendment 648 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, ~~to accept or to refuse tasks or to use subcontractors or substitutes;~~

Amendment 649 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) ~~effectively~~De facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;

Amendment 650 #

Proposal for a directive
Article 4 – paragraph 2 – point d a (new)

(da) effectively restricting the freedom to accept or to refuse tasks;

Amendment 651 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 2 – point d a (new)

(da) Effective restriction on recourse to subcontractors or substitutes;

Amendment 652 #

Proposal for a directive
Article 4 – paragraph 2 – point e

~~(e) effectively restricting the possibility to build a client base or to perform work for any third party.~~deleted

Amendment 653 #

Proposal for a directive
Article 4 – paragraph 2 – point e

~~(e) effectively restricting the possibility to build a client base or to perform work for any third party.~~deleted

Amendment 654 #

Proposal for a directive
Article 4 – paragraph 2 – point e

~~(e) effectively restricting the possibility to build a client base or to perform work for any third party.~~deleted

Amendment 655 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) effectively restricting the possibility to build a client base or to perform work for any third party, excluding measures or rules required by national law or collective agreements.

Amendment 656 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) effectively restricting the possibility to build a client base or to perform work for any third party in an exclusive relationship.

Amendment 657 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) ~~effectively~~de facto restricting the possibility to build a client base or to perform work for any third party.

Amendment 658 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) ~~effectively~~de facto restricting the possibility to build a client base or to perform work for any third party.

Amendment 659 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) ~~effectively~~ restricting the possibility to build a client base or to perform work for any third party.

Amendment 660 #

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 (new)

Collective agreements covering working conditions1a for persons performing platform work shall not be considered as fulfilling the above criteria for controlling the performance of work. Voluntary benefits paid by a digital labour platform to self-employed persons working through that platform shall not constitute determining elements indicating the existence of an employment relationship. __________________ 1a Matters such as remuneration, working time and working patterns, holiday, leave, physical spaces where the work takes place, health and safety, insurance and social security, and conditions under which the person performing platform work is entitled to cease providing his/her services (§ 16, Commission Draft Guidelines on collective bargaining of self-employed).

Amendment 661 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Article 4 – paragraph 2 – point e a (new)

(ea) restricting the freedom to use subcontractors or substitutes unless where such freedoms are explicitly prohibited by any applicable legal or regulatory requirements; it is understood that the platform worker should remain free to increase his earnings with incentives, bonuses or any other platform’s offers, as long as the said offers do not constitute a condition to access the platform;

Amendment 662 #

Proposal for a directive
Article 4 – paragraph 2 – point e b (new)

(eb) effectively restricting the possibility to build a client base;

Amendment 663 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The criteria when the legal assumption applies should be defined by each Member State, inspired by Union and national case law or national jurisprudence and take into account national concepts of the employment relationship.

Amendment 664 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall take supporting 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 supporting the sustainable growth of digital labour platforms. In particular they shall: (a) ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way; (b) platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5; (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.deleted develop guidance for digital labour

Amendment 665 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Sandra PEREIRA, Nikolaj VILLUMSEN, José GUSMÃO

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

3. Member States shall take supporting 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 supporting the sustainable growth of digital labour platforms. In particular they shall: ensure the possibility for any of the parties to rebut the legal presumption proceedings in which the legal presumption is applicable. If the digital labour platform claims to rebut the legal presumption, the burden shall be on the digital labour platform to prove 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. If the person performing platform work claims to rebut the legal presumption, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Amendment 666 #

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

3. Member States shall take supporting 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 supporting the sustainable growth of digital labour platforms~~. In particular they shall:

Amendment 667 #

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

3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups, avoiding capturing the genuine self-employed and supporting the conditions for innovation and the sustainable growth of digital labour platforms. In particular they shall:

Amendment 668 #

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

3. Member States shall take supporting measures to ensure the effective implementation of the ~~legal presumption~~measures referred to in paragraph 1 part 2 and paragraph 2 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:

Amendment 669 #

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

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

Amendment 670 #

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

3. Member States shall take supporting 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 supporting the sustainable growth of digital labour platforms. In particular they shall:

Amendment 671 #

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

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

Amendment 672 #

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

3. Member States shall take supporting measures to ensure the effective implementation of th~~e legal presumption referred to in paragraph 1 whil~~is Directive 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:

Amendment 673 #

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

3. Member States shall take supporting measures to ~~ensure the effective implementation of the legal presumption referred to in paragraph 1~~increase the social protection of the self-employed, while taking into account the impact on start-ups, avoiding capturing the genuine employees as self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:

Amendment 674 #

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

~~(a) ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way;~~deleted

Amendment 675 #

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

(a) ensure that information con ~~the application of the legal presump~~cerning the employment status, rights and obligations is made publicly available in a clear, comprehensive and easily accessible way;

Amendment 676 #

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

(a) ~~ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way~~foster the upgrade of medicare, insurance, paid leave and pension rights on behalf of the self-employed;

Amendment 677 #

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

(a) ensure that information o~~n the application of the legal presumption~~f the measures is made publicly available in a clear, comprehensive and easily accessible way;

Amendment 678 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;deleted

Amendment 679 #

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

(b) develop guidance for digital labour platforms (including start-ups), persons performing platform work and social partners to understand ~~and implement~~ the legal presumption and how it works, including on the procedures for rebutting it by means of a reversal of the burden of proof in accordance with Article 5;

Amendment 680 #

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

(b) develop guidance in the form of concrete and practical recommendations for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 681 #

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

(b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal ~~presumption including on the procedures for rebutting it in accordance with Article 5~~measures;

Amendment 682 #

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

(b) develop guidance for digital labour platforms, ~~persons performing platform work and social partners~~workers, union associations, and employers, organisations, to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 683 #

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

(b) develop guidance for digital labour platforms, persons performing platform work and social partners ~~to understand and implement the legal presumption including on the procedures f~~on the classification system to guarantee a cor re~~butting it in accordance with Article 5~~ct application;

Amendment 684 #

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

(b) develop comprehensive guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 685 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(b) develop guidance for digital labour platforms, persons performing platform work, self-employed and social partners ~~to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5~~in order to contribute to the increase of social protection in favour of the self- employed;

Amendment 686 #

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

(ba) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption and refer cases to and share data and information 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 687 #

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

~~(c) develop guidance for enforcement authorities to proactively target and pursue non-compliant digital labour platforms;~~deleted

Amendment 688 #

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

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

Amendment 689 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

Amendment 690 #

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

(c) develop guid~~ance for~~elines for competent national enforcement authorities to proactively ~~target~~identify, target, pursue and pu~~rsue~~nish non-compliant digital labour platforms;

Amendment 691 #

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

(c) in line with national law or practice, develop guidance for ~~enforcement~~competent national authorities to proactively target and pursue non-compliant digital labour platforms;

Amendment 692 #

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

(c) develop guidance for enforcement authorities to ~~proactively target and~~ pursue non-compliant digital labour platforms according to national administrative and/or court procedures in force;

Amendment 693 #

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

(c) in line with national law or practice, develop guidance for ~~enforcement~~competent national authorities to proactively target and pursue non-compliant digital labour platforms;

Amendment 694 #

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

(c) develop ~~guidance~~capacity building, guidance, training for enforcement authorities to proactively target and pursue non-compliant digital labour platforms;

Amendment 695 #

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

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

Amendment 696 #

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

Amendment 697 #

Marianne VIND

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

(ca) develop guidelines for competent bodies on how to proactively apply the legal presumption in all proceedings;

Amendment 698 #

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

(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non- discriminatory.deleted

Amendment 699 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

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

Amendment 700 #

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

(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law~~, while~~. To that end, Member States must ensur~~ing~~e that ~~such controls and inspections are proportionate and non- discriminator~~labour inspectors have the necessary means to carry out controls and inspections properly.

Amendment 701 #

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

(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring their sufficient resourcing so that such controls and inspections are effective, proportionate and non-discriminatory.

Amendment 702 #

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

(d) in line with national law or practice 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.

Amendment 703 #

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

(d) ~~strengthen~~in line with national law or practice, 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.

Amendment 704 #

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

(d) ~~strengthen~~assure 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.

Amendment 705 #

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

(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of ~~labour~~ law, while ensuring that such controls and inspections are proportionate and non-discriminatory.

Amendment 706 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

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

Amendment 707 #

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

(da) develop a consultation mechanism under which persons performing platform work or digital labour platforms can request the relevant authorities to pre- emptively assess, verify and justify the employment status of persons performing platform work on the basis of the control of the performance of work within the meaning of paragraph 2.

Amendment 708 #

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

(da) provide for an automatic and immediate inspection by labour inspectorates or the bodies responsible for the enforcement of labour law every time a detected case of miss-classification or reclassification, in order to verify the status of all the other persons performing platform work for the same digital labour platform;

Amendment 709 #

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

(da) ensure that each platform worker is registered with the labour inspectorate.

Amendment 710 #

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

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

Amendment 711 #

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

Amendment 712 #

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

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

Amendment 713 #

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

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

Amendment 714 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Dennis RADTKE, Christian SAGARTZ

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

(da) develop precise recommendations providing guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 715 #

Proposal for a directive
Article 4 – paragraph 4

4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date.deleted

Amendment 716 #

Proposal for a directive
Article 4 – paragraph 4

Amendment 717 #

Proposal for a directive
Article 4 – paragraph 4

Amendment 718 #

Proposal for a directive
Article 4 – paragraph 4

4. ~~With regard to contractu~~Member States shall take supporting measures to ensure the effective implementation of the legal pre~~lationships ente~~sumption referred 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.~~ 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 application of the legal presumption 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 legal presumption including on the procedures for rebutting it. (c) develop guidance for enforcement authorities, where they exist, 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, where such inspectorates or bodies exist, while ensuring that such controls and inspections are proportionate and non- discriminatory.

Amendment 719 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 4 – paragraph 4

Amendment 720 #

Proposal for a directive
Article 4 – paragraph 4

4. ~~With regard to contractu~~The legal pre~~lationships 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~~sumption of a salaried employment relationship referred to in paragraph 1 shall apply immediately to the future effects of ongoing contracts.

Amendment 721 #

Proposal for a directive
Article 4 – paragraph 4

4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal ~~presumption~~measures referred to in paragraph 1 shall only apply to the period starting from that date.

Amendment 722 #

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

4a. The presumption shall not apply (except in the case of effectively limiting the freedom to provide services to third parties and/or through other platforms as per Article 4 paragraph 2 introductory part) to persons, engaged in platform work, who are: (a) working less than an average of three hours per week for a reference period of four consecutive weeks, as provided in Article 1 paragraph 3 of the Transparent and Predictable Working Conditions Directive (marginal work) through one digital labour platform; (b) performing a regulated liberal profession, based on their national legislation’s criteria (c) students under regular form of study under their respective national regulation; (d) asylum seekers and persons under temporary protection within the 6 month period of temporary protection.

Amendment 723 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

4a. 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.

Amendment 724 #

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

4a. The legal presumption of salaried employment referred to in paragraph 1 shall, as a procedural rule, apply immediately to ongoing proceedings.

Amendment 725 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

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

4b. 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 726 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Radan KANEV, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 4 a (new)

Article 4a 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 or based on the Code of Conduct – 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 727 #

Proposal for a directive
Article 5

Possibility to rebut the legal presumption Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both. 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. Where the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.Article 5 deleted

Amendment 728 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 5

Amendment 729 #

Proposal for a directive
Article 5

Amendment 730 #

Proposal for a directive
Article 5 – title

~~Possibility to rebut the legal presumption~~Duty of the digital labour platform to cooperate

Amendment 731 #

Proposal for a directive
Article 5 – title

~~Possibility to rebut~~Rebuttal of the legal presumption

Amendment 732 #

Proposal for a directive
Article 5 – paragraph 1

~~Member States shall ensure the possibility for any of the parties to rebut the legal presu~~The legal presumption referred to in Article 4 shall be rebutted when the platform can demonstrate that the platform worker is afforded discretion: – to use subcontractors or substitutes to perform the service which he has undertaken to provide, unless Member State sectoral regulation does not allow it; – to accept or not accept the various tasks offered by the platform, or unilaterally set the maximum number of those tasks; – to provide his services to any third party, including direct competi~~on referred to in Article 4 in legal or administra~~tors of the platform, and – to fix his own hours of 'work' within certain parameters and to tailor his tivme ~~proceedings or both.~~ to suit his personal convenience rather than solely the interests of the platform.

Amendment 733 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure the possibility for any of the parties to rebut the legal presumption ~~referred to in Article 4 in legal or administrative proceedings or both~~.

Amendment 734 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure the possibility for any of the parties to rebut the legal presumption of a salaried employment relationship referred to in Article 4 in legal or administrative proceedings or both.

Amendment 735 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure the possibility for any of the parties to ~~rebut the legal presumption~~challenge the classification of the employment status referred to in Article 4 in legal or administrative proceedings or both.

Amendment 736 #

Proposal for a directive
Article 5 – paragraph 1

Member States ~~shall~~may ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both.

Amendment 737 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure the possibility for any of the parties to ~~rebut the leg~~clarify the contractual pre~~sumption referred to in Article 4~~lationship in legal or administrative proceedings or both.

Amendment 738 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 739 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 740 #

Proposal for a directive
Article 5 – paragraph 2

Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall ~~not have suspensive effect on the application of the legal presumption~~be held before the respective national authority under the relevant national procedure, especially in case a legal presumption and/or procedure for granting employment status on national level already exists. The suspensive effect on the application of the legal presumption lies entirely within the competence of the respective Member State.

Amendment 741 #

Proposal for a directive
Article 5 – paragraph 2

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

Amendment 742 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 2

Amendment 743 #

Proposal for a directive
Article 5 – paragraph 2

Where the digital labour platform ~~argues that the contractu~~challenges the legal prelationship 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. Suchsumption of a salaried employment relationship before a judge, it shall fall to the platform to substantiate its objection. Until the exhaustion of remedies, proceedings shall not ~~have~~ suspen~~siv~~d the effect ~~on the application~~s of the legal presumption.

Amendment 744 #

Proposal for a directive
Article 5 – paragraph 2

Where, in the context of the administrative or legal proceedings referred to in Article 4, 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 legal and administrative proceedings shall ~~not~~ have suspensive effect on the application of the legal presumption.

Amendment 745 #

Sara SKYTTEDAL, Miriam LEXMANN, Radan KANEV, Stefan BERGER, Tomáš ZDECHOVSKÝ, Jessica POLFJÄRD, Gheorghe FALCĂ, Romana TOMC, Eugen TOMAC, Lukas MANDL, Rosa ESTARÀS FERRAGUT, Christian SAGARTZ, Aldo PATRICIELLO, Maria WALSH

Proposal for a directive
Article 5 – paragraph 2

Amendment 746 #

Proposal for a directive
Article 5 – paragraph 2

Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law of the Member State or equivalent provisions, 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 legal and administrative proceedings shall not have suspensive effect on the application of the legal presumption.

Amendment 747 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 748 #

Proposal for a directive
Article 5 – paragraph 2

Where the ~~digital labour platform~~platform worker or their representative argues that the contractual relationship in question is not an self- employ~~ment~~ed 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 national courts and 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)

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

Amendment 750 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 751 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 752 #

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Such proceedings shall be held before the respective national authority under the relevant national procedure, especially in case a legal presumption and/or procedure for granting employment status on national level already exists.

Amendment 753 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3

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

Amendment 754 #

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 Justicechallenges the presumption of salaried employment, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Amendment 755 #

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings~~, notably~~ by providing all relevant information held by it. Member States shall provide the necessary guidance for procedures to rebut the legal presumption.

Amendment 756 #

Proposal for a directive
Article 5 – paragraph 3

Where, in the context of the administrative or legal proceedings referred to in Article 4, the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it..

Amendment 757 #

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Such proceedings shall have suspensive effect on the application of the legal presumption.

Amendment 758 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 national courts and the Court of Justice, the digital labour platform and the person performing the platform work shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by iteach of them.

Amendment 759 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

Amendment 760 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

The Member States must designate the administrative or judicial authorities responsible for deciding on the request for a rebuttal filed by one of the parties. Their decision shall reflect the reality of the relationship between the worker and the digital labour platform. The labour inspectorate or other law enforcement authorities should be charged with examining the rebuttal filed by the party.

Amendment 761 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Article 5 – paragraph 3 a (new)

Member States shall develop a process according to which digital labour platforms and platform workers are granted consultation rights under which national and local authorities pre- emptively assess, approve and justify the employment status of platform workers on the basis of the control of the performance of work within the meaning of Article 4 paragraph 2 of the present Directive.

Amendment 762 #

Proposal for a directive
Article 5 – paragraph 3 b (new)

Control and direction in connection with the performance of work within the meaning of article 5.3 (a)shall be understood as including, but not limited to, one of the following: – effectively determining, or setting upper limits for, the level of remuneration or issuing periodic payments of remuneration; – determining working conditions or enforcing the performance of work through sanctions, including restricting access to work, or using customer rating systems as a tool of control and basis for sanctions – controlling or restricting the communication between the person performing platform work and the recipient of the service while and after the work is being performed or preventing the person performing platform work from developing business contacts with potential clients; – tracking or monitoring the person performing platform work – providing the worker with any kind of support for social protection, accident insurance, pension scheme or other forms of insurance, training measures or similar benefits; – requiring the person performing platform work to respect specific rules with regard to appearance, conduct towards the recipient of the service or performance of the work; – verifying the quality of the results of the work; – drawing consequences from such quality control or from recipients’ ratings for decisions to propose work assignments in the future, including their remuneration; – effectively restricting the time schedule or duration in which the person can choose to perform platform work; – effectively restricting the use of subcontractors or substitutes to perform the work; – effectively restricting the possibility to perform work for any third party, including other competitors of the digital labour platforms.

Amendment 763 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3 b (new)

A rebuttal of the presumption of an employment relationship may be assumed where all the following conditions are met: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.

Amendment 764 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3 c (new)

Where digital labour platforms voluntarily decide to pay for social protection, accident insurance or any other kind of insurance, training courses or any similar benefits for the self- employed persons working through them, such decisions shall be deemed indicative of an employment relationship.

Amendment 765 #

Proposal for a directive
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.

Amendment 766 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3 d (new)

Where digital labour platforms wish to refute the existence of an employment relationship with their workers, they will need to disclose their algorithm to the relevant administrative or judicial authority to show what elements impact the workers and workflow, in particular the criteria for allocating work, which allow more advantageous conditions or offers to be put forward, as well as the disconnection and selection criteria, which are used for evaluation, statistical and profiling purposes, and show what data is collected.

Amendment 767 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3 e (new)

In Member States where an administrative procedure is in place for rebutting the presumption of a salaried employment relationship, workers must not be prevented from challenging the rebuttal decision or appealing before a court.

Amendment 768 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 5 – paragraph 3 f (new)

In the event of a rebuttal of the presumption of a salaried employment relationship, the worker shall not be required to repay the amounts or entitlements received as a result of that presumption.

Amendment 769 #

Proposal for a directive
Article 5 a (new)

Article 5a Improvement of working conditions of genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, either 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 shall not be regarded as determining elements indicating the existence of an employment relationship.

Amendment 770 #

Proposal for a directive
Article 5 a (new)

Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, 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 shall not be regarded as determining elements indicating the existence of an employment relationship.

Amendment 771 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Chapter II a (new)

Chapter IIa PROMOTING THE RIGHT TO COLLECTIVE BARGAINING Article 5a Persons performing platform work shall enjoy the full right to join a trade union, to collective organisation and to collective bargaining. Digital labour platforms must adhere to pay rates and other working conditions established by law or in collective agreements for the sector and/or the geographical area concerned and, where applicable, to the statutory minimum wage, as well as uphold Union, national and international labour and social law. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements. Member States shall: (a) encourage the creation of social partners and strengthening of their capacity to engage in collective bargaining to establish the working conditions of persons performing platform work; (b) prohibit and take measures to prevent any acts that violate the right of persons performing platform work to join a trade union or which prevent them from doing so, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining; (c) see to it that employers, in view of the size and capacity of the company concerned, provide trade union representatives with the right information and infrastructure to perform their collective bargaining duties; (d) make sure that trade unions have the right to access the workplace and workers, including digitally, to meet and contact workers individually or collectively, with the aim of organising workers, negotiating wages on their behalf and representing them.

Amendment 772 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS

Proposal for a directive
Article 6 – title

Transparency on and use of automated and semi-automated monitoring and decision- making systems

Amendment 773 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

-1. The rights referred to in Chapter III shall apply to persons working through a digital platform whose work is organised by automated or semi- automated means and algorithms.

Amendment 774 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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, Member States shall require ~~digital~~that algorithms are consistent with labour pla~~tforms to inform platform workers of:~~ w, since these algorithms, whether they are automated or semi-automated, serve as rules of procedure and organise the work. Platform workers, via their representatives, must have the power of co-decision over algorithmic systems and have a say in and be able to review the systems that impact their working conditions at annual negotiations, in particular via:

Amendment 775 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Without prejudice to the obligations and rights of digital ~~labour~~work platforms and platform workers under Directive (EU) 2019/1152~~, Member States shall require digital labour platforms to inform platform workers~~ and relevant national law, Member States shall ensure that any decision taken by automated and semi- automated systems does not affect the employment relationship and shall require digital labour platforms to inform platform workers, union representatives, the labour inspectorate and the competent authorities in a clear and timely manner of:

Amendment 776 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Regulation (EU) 2016/679, Directive (EU) 2016/943 and Directive (EU) 2019/1152, Member States shall require digital labour platforms to inform platform workers of and consult platform workers and their representatives on:

Amendment 777 #

Proposal for a directive
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, Member States shall require digital labour platforms ~~to inform plat~~and undertakings using automated staff management and monitoring systems to inform workers of:

Amendment 778 #

Proposal for a directive
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 779 #

Proposal for a directive
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 2009/38/EC, Member States shall require digital labour platforms to inform persons performing platform work~~ers~~ of:

Amendment 780 #

Proposal for a directive
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, Member States shall require digital labour platforms to inform persons performing platform work~~ers~~ of:

Amendment 781 #

Proposal for a directive
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 782 #

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

(a) automated monitoring systems which are used to monitor, supervise or evaluate the work performance of persons performing platform work~~ers~~ through electronic means;

Amendment 783 #

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

(a) automated monitoring systems which are used to ~~monitor, supervise or~~ evaluate the work performance of platform workers through electronic means;

Amendment 784 #

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

(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their access to work assignments and 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 785 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

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

Amendment 786 #

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

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

Amendment 787 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(b) automated ~~decision-making~~ systems which are used to ~~take or support decision~~evaluate alternatives that significantly affect th~~ose platform workers’ working conditions~~e organisation of platform work, in particular ~~their~~ access to work assignments, ~~their~~ earnings, ~~their~~ occupational safety and health, ~~their~~ working time, ~~their~~ promotion and ~~their~~ contractual status of persons performing platform work, including the restriction, suspension or termination of their account.

Amendment 788 #

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

1b. The labour inspectorate and/or occupational health and safety authorities must also have access to information on the algorithm, in particular the points listed in paragraph 2.

Amendment 789 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

1c. Any predictive system, software or process that makes use of computations to aid or replace decisions or management decisions that affect the opportunities, access, freedoms, rights and/or safety of workers or that might have a bearing on a decision concerning work relations or the working conditions of platform workers must be monitored to remove any bias. Trade union representatives must be informed of and consulted on the parameters and the way they operate, how they were set up, and the way in which human oversight is assured.

Amendment 790 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

1d. Member States shall also require that digital labour platforms inform trade unions of, and consult them on, the use of the monitoring and decision-making systems mentioned in points a) and b), and that the matter is subject to collective bargaining. In accordance with Regulation (EU) 2016/679, a ‘data controller’ (the employer) must seek the views of data subjects or their representatives, where appropriate, when carrying out an assessment of the impact of access to or the processing of personal data.

Amendment 791 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. The information and consultation referred to in paragraph 1 shall concern:

Amendment 792 #

Proposal for a directive
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 793 #

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

(ii) the categories of data and actions monitored, supervised or evaluated by such systems, including evaluation by the recipient of the service;

Amendment 794 #

Proposal for a directive
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 795 #

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

(iii) the main parameters that such systems take into account and the relative importance of those main parameters in the automated decision-making, including the way in which the platform worker’s personal data or behaviour influence the decisions;deleted

Amendment 796 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(iii) the main parameters that such systems take into account and the relative importance of those main parameters in the automated decision-making, including the way in which the p~~latform worker’s p~~ersonal data or behaviour of the person performing platform work’s influence the decisions;

Amendment 797 #

Proposal for a directive
Article 6 – paragraph 2 – point b – point iii a (new)

(iiia) the functioning and mode of operation of elements that affect the employment relationship, in particular recruitment, access to work assignments, earnings, health and safety, working time, promotion, ranking and the restriction, suspension or termination of accounts;

Amendment 798 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects. Such decisions should nevertheless be in line with the measures under which employers state the grounds for disciplinary action and dismissals, and the reasoning behind the decisions should be subject to collective bargaining.

Amendment 799 #

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

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

Amendment 800 #

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

(iv) the grounds for decisions to restrict, or 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 effects.

Amendment 801 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

(iva) an explanation of the functioning of the system and its compliance with EU and national law and with collective agreements;

Amendment 802 #

Proposal for a directive
Article 6 – paragraph 3

3. Digital labour platforms shall provide the ~~information referred to in paragraph 2~~workers and their trade union with the information referred to in paragraph 2, in advance and in time for a thorough examination thereof, in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Digital labour platforms shall be accountable to the workers and their representatives for any changes to the working conditions. Elements of the algorithm relating to management of the work which cannot be explained to the workers and their trade unions should be banned.

Amendment 803 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU

Proposal for a directive
Article 6 – paragraph 3

3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information a~~t the latest on~~s soon as possible and at the latest within a calendar week from the first working day, as well as in the event of substantial changes impacting working conditions or monitoring of work performance and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Amendment 804 #

Proposal for a directive
Article 6 – paragraph 3

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

Amendment 805 #

Proposal for a directive
Article 6 – paragraph 4

4. Digital labour platforms shall ~~make~~prepare an extensive report containing the information referred to in paragraph 2 ~~available to~~in 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 806 #

Proposal for a directive
Article 6 – paragraph 4

4. Digital labour platforms shall make the information referred to in paragraph 2 available to platform workers’ representatives ~~and national labour~~, national labour authorities or national competent supervisory authorities upon their request.

Amendment 807 #

Proposal for a directive
Article 6 – paragraph 4

4. Digital labour platforms shall make the information referred to in paragraph 2 available to ~~platform workers’~~union representatives and national labour authorities upon their request.

Amendment 808 #

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

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

Amendment 809 #

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

4a. Digital labour platforms shall not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumers harm through the manipulation of the system, without prejudice to Directive (EU) 2016/943.

Amendment 810 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 811 #

Proposal for a directive
Article 6 – paragraph 5 – introductory part

5. Digital labour platforms ~~shall not process~~must comply with Regulation (EU) 2016/679. Under this regulation, indiscriminate monitoring of employees is illegal and therefore digital labour platforms shall have no access to, neither shall they collect and/or process, any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. Algorithmic management must not, in any circumstances, facilitate discriminatory practices against workers. In particular they shall not:

Amendment 812 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Gheorghe FALCĂ

Proposal for a directive
Article 6 – paragraph 5 – introductory part

5. Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and theWithout prejudice to articles 6 and 9 of the GDPR digital labour platform~~. In particular they~~s shall not:

Amendment 813 #

Proposal for a directive
Article 6 – paragraph 5 – introductory part

5. Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform in accordance with Regulation (EU) 2016/679. In particular they shall not:

Amendment 814 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 6 – paragraph 5 – introductory part

5. DWithout prejudice to the GDPR digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and ~~strictly~~ necessary for the performance of the contract between the platform worker and the digital labour platform. In particular they shall not:

Amendment 815 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 6 – paragraph 5 – introductory part

5. DWithout prejudice to the GDPR, digital labour platforms shall not process any personal data concerning persons performing platform work~~ers~~ that are not ~~intrinsically~~ connected to and ~~strictly~~ necessary for the performance of the contract between ~~the platform worker~~such persons and the digital labour platform. In particular they shall not:

Amendment 816 #

Proposal for a directive
Article 6 – paragraph 5 – point a

(a) access, collect and/or process any personal data on the emotional or psychological state of the platform worker;

Amendment 817 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 6 – paragraph 5 – point b

(b) access, collect and/or process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;

Amendment 818 #

Proposal for a directive
Article 6 – paragraph 5 – point b

(b) process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (ba) to (j) of Regulation (EU) 2016/679;

Amendment 819 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 6 – paragraph 5 – point b

(b) process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (ba) to (j) of Regulation (EU) 2016/679;

Amendment 820 #

Proposal for a directive
Article 6 – paragraph 5 – point c

(c) access, collect and/or process any personal data in relation to private conversations, including exchanges with platform workers’ representatives; including conversations between workers and between trade unions and workers with a view to organising trade union activity, including collective action;

Amendment 821 #

Proposal for a directive
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 822 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 6 – paragraph 5 – point c

(c) process any personal data in relation to private conversations, including exchanges with ~~platform workers’~~union representatives;

Amendment 823 #

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

(ca) access, collect or process any personal data revealing racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability or state of health, gender or trade union membership and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning a natural person's sex life or sexual orientation, chronic diseases or HIV status;

Amendment 824 #

Proposal for a directive
Article 6 – paragraph 5 – point d

(d) ~~collect~~neither access, nor collect and/or process any personal data while the platform worker is not offering or performing platform work.

Amendment 825 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 6 – paragraph 5 – point d

(d) collect any personal data while the platform worker is not ~~offering or performing~~logged in to the platform ~~work~~.

Amendment 826 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 827 #

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

(da) access, collect and/or process data collected by automated and semi- automated systems with a view to suspending or terminating the employment relationship between the digital labour platform and the worker.

Amendment 828 #

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

(da) under any circumstances provide for discriminatory practices when processing personal data.

Amendment 829 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 830 #

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

(db) certain monitoring tools, such as biometric checks or constant video surveillance to monitor performance, should be banned.

Amendment 831 #

Proposal for a directive
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)

(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)

(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)

(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)

(dg) access, collect or process biometrics-based data.

Amendment 836 #

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

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

Amendment 837 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

5a. Unless otherwise provided for in this Directive or in national law, the platform operator shall not be obliged to disclose information that would be considered a trade secret or confidential under the provisions of Regulation (EU) 2016/679 or competition law.

Amendment 838 #

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

5a. The platforms must give workers and their representatives access to their data arising from Regulation (EU) 2016/679 so they can verify compliance with the latter.

Amendment 839 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

5b. If using automated or semi- automated decision-making systems, and without prejudice to the possible right of workers and their representatives to access the technical details of how they operate, the company shall, proactively and every time that a system affecting the workers is featured, provide the workers and their representatives with an algorithmic prospectus containing at least the following information: the system developer and operator (and their legal roles as data controller/data processor), a description of the type of system (recommendation, risk assessment, supervised/unsupervised system), a description of the system’s aims, details of training data used, details of variables used, information on the performance of the mandatory impact study and/or independent external audit (and access to the findings thereof), an analysis of the percentage of false positives and false negatives foreseen or detected by the developer, and information on the remedies available to those affected.

Amendment 840 #

Proposal for a directive
Article 6 a (new)

Article 6a Fundamental rights impact assessments for digital labour platforms 1. Digital labour platforms must, before deployment of an automated monitoring or automated decision- making, publish a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle. This assessment shall be submitted to the competent labour authorities and the competent data protection authority. This assessment shall include at least: (a) the intended purpose for which the system will be used; (b) the intended geographic and temporal scope of the system; (c) the potential risks of the use to any rights and freedoms of workers, including any indirect impacts or consequences of the systems; (d) the categories of natural persons and groups likely or foreseen to be affected; (e) the proportionality and necessity of the system’s use; (f) verification of the legality of the use of the system in accordance with Union and national law; (g) any specific risk of harm likely to impact marginalised, vulnerable persons or groups at risk of discrimination, and risk of increasing existing societal inequalities; (h) the governance system the deployer will put in place, including human oversight, complaint-handling and redress. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. 3. Deployers shall consult all relevant stakeholders, in particular social partners, workers’ representatives, trade unions groups of natural persons exposed to heightened risks from the system and civil society when preparing the impact assessment. 4. Where the deployer is already required to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the impact assessment outlined in paragraph 1 shall be conducted in conjunction to the data protection impact assessment and be published as an addendum. 5. Where a fundamental rights impact assessment 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 841 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 6 a (new)

Article 6a Unless otherwise provided in this Directive or under the national law to which the platform operator is subject, in particular legislation concerning access to information, the platform operator shall not be obliged to disclose information which they have designated as confidential.

Amendment 842 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC

Proposal for a directive
Article 6 a (new)

Article 6a Unless otherwise provided in this Directive or in the national law to which the platform operator is subject, in particular legislation concerning access to information, the platform operator shall not be obliged to disclose information which they have designated as confidential.

Amendment 843 #

Proposal for a directive
Article 7 – title

Human monitoring of automated or semi- automated systems

Amendment 844 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 7 – title

Human ~~monitoring~~assessment of automated systems

Amendment 845 #

Proposal for a directive
Article 7 – title

Human ~~monitoring~~oversight of automated systems

Amendment 846 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(12), on working conditions. Member States shall safeguard workers’ right of co-decision, via their representatives, in algorithmic systems, and ensure human intervention in or human oversight of all decisions impacting working conditions (for example, workflow, working time, pay and promotion), particularly when it comes to key decisions, like those concerning disciplinary action, dismissals and profiling models.

Amendment 847 #

Proposal for a directive
Article 7 – paragraph 1

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

Amendment 848 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that digital labour platforms and undertakings using automated management and monitoring systems regularly 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.

Amendment 849 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that digital labour platforms ~~regularly~~periodically, and not less than every two years, 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.

Amendment 850 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that digital labour platforms ~~regularly monitor and evaluate~~oversee and periodically evaluate, at least annually 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.

Amendment 851 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1a. Member States shall ensure that digital labour platforms do not use automated decision-making systems affecting the employment relationship.

Amendment 852 #

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

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

Amendment 853 #

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

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

Amendment 854 #

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

(aa) evaluate the risks of automated monitoring and decision-making systems in replicating gender, racial and other social biases in the selection and treatment of different groups;

Amendment 855 #

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

Amendment 856 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

They shall not use automated monitoring and decision-making systems in any manner that puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers. Undue pressure and risk must be understood as effects beyond those of similar work carried out without the use of an algorithm.

Amendment 857 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

~~They shall not use automated monitoring and decision-making systems in any manner that puts~~Platform operators may not use automated systems that entail undue pressure onr p~~latform workers or otherwise puts at risk the physical and mental health of platform workers~~uts at risk the health of workers that are employees. Undue pressure and risk is to be understood as effects that go beyond similar work performed without use of an algorithm.

Amendment 858 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

They shall not use automated monitoring and decision-making systems in any manner that violates labour law, puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.

Amendment 859 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

They shall not use automated monitoring and decision-making systems in any manner that puts undue pressure on ~~platform~~ workers or otherwise puts at risk their physical and mental health ~~of platform workers~~.

Amendment 860 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

They shall not use automated monitoring and decision-making systems in any manner that puts ~~undue pressure on platform workers or otherwise puts~~ at risk the physical and mental health of platform workers.

Amendment 861 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

(a) They shall not use automated monitoring and decision-making systems in any manner that puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.

Amendment 862 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 a (new)

They shall not use automated monitoring and decision-making systems beyond what is required for compliance with applicable local law or regulations, or collective bargaining agreements, or what is necessary to safeguard the health and safety of the recipients of the service and platform workers, or what is required to provide satisfactory consumer service, or what is required to prevent fraud at the expense of consumers or platform workers.

Amendment 863 #

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

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

Amendment 864 #

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

2a. Digital labour platforms shall consult platform workers and workers’ representatives and allow them to take part in discussions on all questions relating to working conditions, including safety and health at work.

Amendment 865 #

Proposal for a directive
Article 7 – paragraph 3

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

Amendment 866 #

Proposal for a directive
Article 7 – paragraph 3

3. Member States shall require digital labour platforms to ensure sufficient human resources for ~~monitoring~~effective oversight of 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~~such oversight 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 867 #

Proposal for a directive
Article 7 – paragraph 3

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

Amendment 868 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

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

Amendment 869 #

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

3a. Algorithm-based predictive actions shall be deemed high-risk processes and therefore assessed as part of each company’s occupational risk prevention plan.

Amendment 870 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 8 – title

Human review of ~~significant~~ decisions

Amendment 871 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that platform workers have the right to obtain 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). 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 872 #

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that platform workers shall have the right to obtain an explanation f~~rom the digital labour platform for~~or and a review of 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). 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 functionto the extent that this is provided for in Union or Member State law.

Amendment 873 #

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that platform workers have the right to ~~obtain~~receive 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 874 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Christian SAGARTZ

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that ~~platform~~ workers have the right to obtain 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). In particular, Member States shall ensure that ~~digital labour platforms provide platform~~ workers ~~with~~have 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 and undertakings shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

Amendment 875 #

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that platform workers have the right to obtain 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). In particular~~to the extent that this is provided for in Union or Member State law , 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 876 #

Proposal for a directive
Article 8 – paragraph 1 – introductory part

1. Member States shall ensure that persons performing platform work~~ers~~ have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affect~~s the platform worker’s working conditions~~ such person, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide persons performing platform work~~ers~~ 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 877 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1

Amendment 878 #

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1

Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision taken or supported by an automated decision- making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects. The explanation and human review of disciplinary action and dismissals provided for in this article shall not preclude the digital labour platforms from complying with labour law and the applicable collective agreements governing the statement of grounds for such disciplinary action.

Amendment 879 #

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1

Digital labour platforms shall provide the platform worker, in writ~~h a written statement of~~ing or where appropriate, by electronic means, with the reasons for any decision taken or supported by an automated decision- making system to restrict~~, suspend or terminate~~ access to work assignments, to restrict or suspend the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects.

Amendment 880 #

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1

Digital labour platforms shall provide the person performing platform worker with a written statement of the reasons for any decision taken or supported by an automated decision- making system to restrict, suspend or terminate the p~~latform worker~~erson’s account, any decision to refuse the remuneration for work performed by ~~the platform worker~~such person, any decision on the ~~platform worker’s~~ir contractual status or any decision with similar effects.

Amendment 881 #

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. Where platform 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 substantiated reply without undue delay and ~~in any event within one week of receipt of the request~~at the latest within one month of receipt of the request. That period may be extended where necessary, taking into account the complexity and number of the requests. The digital labour platform shall inform the platform worker of any such extension as soon as possible and latest within one month of receipt of the request, together with the reasons for the delay.

Amendment 882 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Christian SAGARTZ

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. Where platform 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 substantiated reply without undue delay and in any event ~~within one week of receipt~~in line with deadlines outlined in GDPR. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

Amendment 883 #

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. ~~Where p~~Platform 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 884 #

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. Where platform 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 substantiated reply without undue delay and in any event within ~~one week of receipt of the request~~the time limits set by national legislation or, where national legislation does not set such time limits, by Regulation (EU) 2016/679.

Amendment 885 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. Where persons performing platform work~~ers~~ 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 persons performing platform worker with a substantiated reply without undue delay and in any event within one week of receipt of the request.

Amendment 886 #

Proposal for a directive
Article 8 – paragraph 2 – introductory part

2. W~~here platform 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~~orkers and their trade unions 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 substantiated reply without undue delay and in any event within one week of receipt of the request. This explanation should nevertheless be complementary to the application of the existing obligation for employers to state the grounds for disciplinary action and dismissals.

Amendment 887 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 8 – paragraph 2 – introductory part

Amendment 888 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that the deadline for reply referred to in the first subparagraph is extended to two weeks.deleted

Amendment 889 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU, Max ORVILLE, Ilana CICUREL, Marie-Pierre VEDRENNE, Véronique TRILLET-LENOIR

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

Amendment 890 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

Amendment 891 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

Amendment 892 #

Proposal for a directive
Article 8 – paragraph 2 a (new)

2a. A decision to terminate a platform worker’s account may be supported but not taken by an automated decision- making system unless necessary to safeguard the health and safety of the recipients of the service. The digital labour platform shall provide a reasoned notification to the platform worker in due time prior to the decision coming into effect. Where platform workers are not satisfied with the reasons provided or consider that the decision infringes their rights, they shall have the right to request the digital labour platform to review that decision in line with the procedure set out in paragraph 2.

Amendment 893 #

Proposal for a directive
Article 8 – paragraph 3

3. Where the decision referred to in paragraph 1 infringes the rights of the person performing platform work~~er’s rights~~, the digital labour platform shall rectify that decision without delay or, where such rectification is not possible, offer adequate compensation.

Amendment 894 #

Proposal for a directive
Article 8 – paragraph 3

3. Where the decision referred to in paragraph 1 infringes the ~~platform~~ worker’s rights, the digital labour platform or undertaking shall rectify that decision without delay or, where such rectification is not possible, offer adequate compensation.

Amendment 895 #

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

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

Amendment 896 #

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

3a. In accordance with Regulation (EU) 2016/679, Member States shall ensure that platform workers have the right to data portability, the right to be forgotten and the right of rectification.

Amendment 897 #

Proposal for a directive
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 898 #

Proposal for a directive
Article 8 – paragraph 4

4. This Article shall be without prejudice to dismissal procedures laid down in national law and practice.

Amendment 899 #

Proposal for a directive
Article 8 – paragraph 4 a (new)

4a. Member States shall ensure the right of persons performing platform work to data portability, right to erasure, in accordance with Article 20 of Regulation (EU) 2016/679.

Amendment 900 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 9 – title

Information ~~and~~, consultation and participation

Amendment 901 #

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC and 2009/38/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), in accordance with this Article. The right of workers to be informed and consulted, of access to information for representatives and the relevant authorities, and of access to evidence must be granted irrespective of whether the algorithm is run by the digital labour platform or a sub-contractor that sells its management services to the platform.

Amendment 902 #

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information ~~and consultation of platform workers’~~of union representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms and the authorities responsible for working conditions, 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), in accordance with this Article. In addition, trade union representatives or, in the absence thereof, the platform workers concerned should be assured of the right to consultation and participation in the above decision- making processes.

Amendment 903 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 904 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 9 – paragraph 1

Amendment 905 #

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC and Regulation 2019/1150, Member States shall ensure information and consultation of persons performing platform work~~ers~~’s representatives or, where there are no such representatives, of the persons performing platform work~~ers~~ 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), in accordance with this Article.

Amendment 906 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 907 #

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC and Directive 2009/38/EC, Member States shall ensure timely 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), in accordance with this Article.

Amendment 908 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of ~~platform workers’~~union 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), in accordance with this Article.

Amendment 909 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. The labour inspectorate must have access to the whole content of the algorithm so that it can check the algorithmic management criteria.

Amendment 910 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 9 – paragraph 2

2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (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.deleted

Amendment 911 #

Proposal for a directive
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 912 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 9 – paragraph 2 a (new)

2a. For the purposes of this Article, the rules laid down in Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees shall be applicable.

Amendment 913 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Tomáš ZDECHOVSKÝ

Proposal for a directive
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 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.deleted

Amendment 914 #

Proposal for a directive
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 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.~~

Amendment 915 #

Proposal for a directive
Article 9 – paragraph 3

3. The ~~platform workers’ representatives or the platform workers concerned~~representatives of persons performing platform work or such persons 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 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate and that the choice of expert was done in conformity with the platform; if the representative is a trade union, the expenses shall be borne by such trade union.

Amendment 916 #

Proposal for a directive
Article 9 – paragraph 3

3. The union organisations, the platform workers’ representatives or the platform workers concerned ~~may~~shall 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 platform workers in a Member State, t~~participation and formulate an opinion. The expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Amendment 917 #

Proposal for a directive
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 50~~0 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 918 #

Proposal for a directive
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 2500 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Amendment 919 #

Proposal for a directive
Article 9 – paragraph 3

3. The ~~platform workers’~~union 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 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Amendment 920 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States shall guarantee platform workers respect for the rights, safeguards and assurances inherent in the employment relationship provided for in existing constitutional and labour law, including the right to association and collective bargaining, trade union rights, the right to strike and the right to information, consultation and participation.

Amendment 921 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. The approval of the trade union and/or the labour inspectorate should be a prerequisite for the introduction of any automated or semi-automated monitoring or decision-making system permitted under Article 6.

Amendment 922 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 10 – paragraph 1

1. Article 6, Article ~~7(1) and (3)~~6a, Article 7, Article 8, Article 9, Article 13 and Article 18 shall also apply to persons performing platform work who do not have an employment contract or employment relationship and to any other workers performing work in the Union and the individuals or undertakings they are performing work for.

Amendment 923 #

Proposal for a directive
Article 10 – paragraph 1

1. Article 6, Article 7(1) and (3), Article 8 and Article 815 and OSH provisions on transparency and human oversight shall also apply to persons performing platform work who do not have an employment contract or employment relationship.

Amendment 924 #

Proposal for a directive
Article 10 – paragraph 1

1. Article 6, Article 7(1), 2(a) and (3), Article 8 and Article 811a shall also apply to persons performing platform work who do not have an employment contract or employment relationship.

Amendment 925 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 10 a (new)

Article 10a Data portability Persons working through a digital platform shall be granted the right to data portability, including in relation to reputational data, and the right to not transport that data should that be their wish, as well as the right to rectification, to erasure and to be forgotten. Digital labour platforms shall make their reputational systems interoperable to enable these data transfers.

Amendment 926 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 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 concernedMember States shall ensure that platform operators fulfil the obligations set out in Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council. __________________ 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 927 #

Proposal for a directive
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~~keep an update a list of digital ~~labour~~ platforms ~~which are employers to declare work performed by platform worker~~operating on their territory and shall require digital labour platforms to declare work performed by persons performing platform work and their employment status to the competent labour, tax 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 comply with their fiscal and social protection obligations in accordance with national law or practice. __________________ 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 928 #

Proposal for a directive
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 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, and to meet their tax and social protection obligations under national law. __________________ 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 929 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN, Gheorghe FALCĂ

Proposal for a directive
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 work~~ers~~ 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 930 #

Proposal for a directive
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 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 , including all health and social security contributions, with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned. __________________ 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 931 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

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 not employers to keep record and declare work performed by self-employed persons, engaged with platform work to the competent authorities of the Member State in which the work is performed and to share relevant data, including all health and social security contributions made through the respective platform, if by virtue of law or agreement such payments are made.

Amendment 932 #

Proposal for a directive
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 933 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 11 – paragraph 1 b (new)

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 not employers to keep record and provide self-employed persons, engaged with platform work with documents, certifying their health and social security contributions and tax payments, contributions made through the respective platform, if by virtue of law or agreement such payments are made, in order to ensure portability of their social rights;

Amendment 934 #

Radan KANEV, Jarosław DUDA, Miriam LEXMANN, Sara SKYTTEDAL, Krzysztof HETMAN, Gheorghe FALCĂ, Romana TOMC

Proposal for a directive
Article 11 – paragraph 1 c (new)

Member States shall ensure full portability of all health and social security contributions, made through platforms, irrespective of the employment classification, and non-discriminatory treatment of persons, engaged in platform work vis-a-vis any other self-employed person or worker.

Amendment 935 #

Radan KANEV, Miriam LEXMANN, Sara SKYTTEDAL, Gheorghe FALCĂ, Romana TOMC, Anne SANDER

Proposal for a directive
Article 11 – paragraph 1 d (new)

Member States shall ensure that platform workers enjoy the right to data portability, including reputational data, (and the right not to transport those data), the right to rectification, erasure and to be forgotten in accordance with Regulation (EU) 2016/679;

Amendment 936 #

Proposal for a directive
Article 11 a (new)

Article 11a Undeclared platform work Without prejudice to Regulation (EU) 2016/679, in order to combat undeclared platform work, digital labour platforms shall ensure reliable verification processes of platform workers’ identity.

Amendment 937 #

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

-1. Platform workers should enjoy the right to be informed and consulted in accordance with the above-mentioned Directive 2002/14/EC establishing a general framework for informing and consulting employees. Self-employed persons working through a digital labour platform should also be granted the right to be informed, in particular as regards algorithmic transparency.

Amendment 938 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

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

1. ~~Where labour~~In 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 ~~make~~publish the following information ~~available to them~~for each Member State where they organise the work of persons performing platform work:

Amendment 939 #

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

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

Amendment 940 #

Lucia ĎURIŠ NICHOLSONOVÁ, Jordi CAÑAS, Sylvie BRUNET, Michal ŠIMEČKA, Dragoş PÎSLARU, Max ORVILLE, Ilana CICUREL, Marie-Pierre VEDRENNE, Véronique TRILLET-LENOIR

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

1. Without prejudice to Directive(EU) 2016/943, where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:

Amendment 941 #

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

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

Amendment 942 #

Proposal for a directive
Article 12 – paragraph 1 – point a

(a) the number of persons performing platform work on a regular basis through the digital labour platform concerned ~~on a regular basis~~ and their contractual or employment status;

Amendment 943 #

Proposal for a directive
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 944 #

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

(aa) the average duration of activity and average income from activity of persons performing platform work on a regular basis through the digital labour platform concerned;

Amendment 945 #

Proposal for a directive
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 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 947 #

Proposal for a directive
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 948 #

Proposal for a directive
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 949 #

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

(ba) information contained in the algorithms or automated or semi- automated processes, their functioning and the elements that have an impact on the workers and on the organization of work, in particular the criteria for assigning work, disconnection and selection used for evaluation, statistics and profiling purposes and to show which data is collected.

Amendment 950 #

Proposal for a directive
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 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 952 #

Proposal for a directive
Article 12 – paragraph 2

2. The information shall be provided for each Member State in which persons are performing platform work through the digital labour platform concerned. The information shall be updated at least every six months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified after informing and consulting the trade unions and workers.

Amendment 953 #

Proposal for a directive
Article 12 – paragraph 2

2. The information shall be provided ~~for~~to each Member State in which persons are performing platform work through the digital labour platform concerned. The information shall be updated at least every six months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified.

Amendment 954 #

Proposal for a directive
Article 12 – paragraph 3

3. Labour, social protection and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request ~~within a reasonable period of time by providing a substantiated reply~~by providing a substantiated reply without undue delay and at the latest within one month of receipt of the request.

Amendment 955 #

Proposal for a directive
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 a~~month by providing a detailed and sufficiently substantiated reply.

Amendment 956 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 12 – paragraph 3

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

Amendment 957 #

Proposal for a directive
Article 12 – paragraph 3

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

Amendment 958 #

Proposal for a directive
Article 12 – paragraph 3

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

Amendment 959 #

Proposal for a directive
Article 12 – paragraph 4

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

Amendment 960 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 961 #

Proposal for a directive
Article 12 a (new)

Article 12a Due diligence for platforms 1. In order to combat human and labour rights violations by sub- contractors and along platforms’ value chains, Member States shall subject them to due diligence. 2. Platforms are required to take all necessary and proportionate measures to prevent human and labour rights violations along their value chains, to detect them and to respond accordingly as and when they occur. 3. Member States shall determine the conditions in which platforms shall be held criminally, civilly or administratively liable for violations of those rights along their value chains, as well as the remedies available to victims.

Amendment 962 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 13 – paragraph 1

Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, or to existing labour legislation concerning the termination of employment contracts or any other labour law, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to quick, free, fair, effective and impartial litigation or dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. The autonomy of the social partners in decisions relating to dispute resolution and the right to appeal must also be upheld.

Amendment 963 #

Proposal for a directive
Article 13 – paragraph 1

Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679 and Article 13(1) of Directive 2009/52/EC, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended~~, have access to~~ and their union organisations, have access free of charge to appropriate, speedy, fair and efficient procedures and mechanisms for settling disputes regarding the existence and terms of an employment relationship and effective and impartial dispute resolution and a right to redress, including fair and adequate compensation, in the case of infringements of their rights arising from this Directive or the national legislation applicable.

Amendment 964 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN

Proposal for a directive
Article 13 – paragraph 1

Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this DirectiveMember States shall ensure that persons performing platform work have access to effective and impartial dispute resolution and a right to redress as provided by Regulation (EU) 2016/679 and under provisions of Member State law.

Amendment 965 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 966 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 967 #

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

Member States shall ensure that in subcontracting chains, the digital labour platform of which the employer is a subcontractor can, in addition to or in place of the employer, 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)

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 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 13 a (new)

Article 13a Remedies for lack of transparency or collective bargaining Where a digital labour platform does not meet the information obligations under Article 8, notably when the information provided under Article 8(1) and 8(2) is not sufficiently comprehensive, precise or clear, or where a digital labour platform refuses to enter into good faith collective bargaining, Member States shall ensure that platform workers and their representatives have a right to request an injunction or judicial order to provide the information, and, where relevant give the platform worker and their representatives access to detailed information regarding the functioning of their automated monitoring and decision-making systems, including algorithms, the source code or other details. Member States shall also ensure judicial authorities can order compensation of the costs of expert analysis of this detailed information in order to provide information in a concise, transparent, intelligible and easily accessible form, using clear and plain language as required under Article 8.

Amendment 970 #

Proposal for a directive
Article 14 – paragraph 1

1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work 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,and in accordance with Directive 2002/14/EC, Member States shall ensure that workers’ representatives 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 in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.

Amendment 971 #

Proposal for a directive
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 972 #

Proposal for a directive
Article 14 – paragraph 1

1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work, including trade unions, 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 in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.

Amendment 973 #

Proposal for a directive
Article 14 – paragraph 2

~~2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.~~deleted

Amendment 974 #

Proposal for a directive
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’ approval~~in accordance with national law and practice.

Amendment 975 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 14 – paragraph 2

2. Representatives of persons performing platform work, including trade unions, shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.

Amendment 976 #

Proposal for a directive
Article 14 – paragraph 2

2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, ~~with those persons’ approval~~in accordance with national law or practice.

Amendment 977 #

Proposal for a directive
Article 14 – paragraph 2

2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work~~, with those persons’ approval~~.

Amendment 978 #

Proposal for a directive
Article 14 – paragraph 2 a (new)

2a. Whereas most digital work platforms are located outside the European Union, therefore challenges regarding the enforcement of the provisions, as well applicable national law in the Member State where the work is performed, will arise. Therefore, special provisions will be needed.

Amendment 979 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 14 – paragraph 2 a (new)

2a. Member States shall undertake to protect and promote cooperative undertakings and small businesses by means of ad hoc regulatory measures to safeguard employment and ensure their capacity for development and growth.

Amendment 980 #

Proposal for a directive
Article 14 – paragraph 2 a (new)

2a. Persons performing platform work should be entitled to take industrial action.

Amendment 981 #

Proposal for a directive
Article 15 – title

Communication and reporting channels for persons performing platform work

Amendment 982 #

Proposal for a directive
Article 15 – paragraph 1

In order to foster collective representation and social dialogue, Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and privately and securely communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective and visible means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing such channels other than for their functional maintenance or from accessing or monitoring those contacts and communications.

Amendment 983 #

Proposal for a directive
Article 15 – paragraph 1

Member States shall take the necessary measures to ensure that digital labour platforms ~~cre~~facilitate the possibility for persons performing platform work to contact and communicate with each other, ~~and to be contacted by representatives of persons performing platform work,~~ 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.~~

Amendment 984 #

Miriam LEXMANN, Romana TOMC, Sara SKYTTEDAL, Aldo PATRICIELLO, Eugen TOMAC, Lukas MANDL, Gheorghe FALCĂ, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 15 – paragraph 1

Member States shall take the necessary measures to ensure that digital labour platforms ~~create~~facilitate the establishment of the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, 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 communicationswhile complying with the obligations under Regulation (EU) 2016/679.

Amendment 985 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 work~~trade 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 986 #

Proposal for a directive
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 work, through the digital labour platforms’ digital infrastructure or similarly effective means, in a visible and operational manner, 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.

Amendment 987 #

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 (new)

In order to safeguard persons performing platform work from violence, including gender-based violence and harassment, Member States shall take the necessary measures to ensure that digital labour platforms create effective reporting channels 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 have effective and timely preventative and follow-up procedures to address such reports.

Amendment 988 #

Proposal for a directive
Article 15 a (new)

Article 15a Promotion of collective bargaining in platform work Without prejudice to the full respect of the autonomy of social partners, Member States shall promote collective bargaining in platform work in order to tackle working conditions by the following: (a) ensuring that digital labour platforms, taking into account the size and capacity of the undertaking concerned, provide workers’ representatives with relevant information; (b) ensuring that workers’ representatives have the right to access platform workers, to meet and contact workers individually or collectively for the purpose of organising workers, negotiating wages on their behalf and representing them; (c) providing measures in order to ensure that the right of collective bargaining and action is not undermined by any practice. Digital labour platforms shall refrain from any act or omission that could directly or indirectly undermine the right to unionise or to join a trade union or the right of collective bargaining and action, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining.

Amendment 989 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
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 990 #

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall ensure that in proceedings concerning a claim regarding correct determination of the employment status of persons performing platform work, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, regardless of the country in which the digital labour platform is established and irrespective of the fact that platforms outsource some aspects of algorithmic management to contractors in another country.

Amendment 991 #

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall ensure that in proceedings concerning ~~a claim regarding correct determinat~~the provisions of th~~e employment status of persons performing platform work~~is 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 992 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information where they consider it relevant to the claim. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information as laid down in Article 9 of Directive (EU) 2016/943.

Amendment 993 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information in accordance with Directive (EU) 2016/943, where they consider it relevant to the claim. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information.

Amendment 994 #

Proposal for a directive
Article 17 – paragraph 1

Member States shall introduce the measures necessary to protect persons performing platform work, including those who are their representatives, from any adverse treatment by the digital labour platform and from any adverse consequences resulting from a complaint lodged with the digital labour platform or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive. These measures should include the creation of accessible and effective complaint mechanisms. Undocumented third-country nationals should have access to justice without fear of reprisal or risk of deportation. This requires the establishment of a division between work to enforce labour legislation and the courts and migration control mechanisms.

Amendment 995 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or measures witsh equivalent effect and all preparations for dismissal or measures witsh equivalent effect of persons performing platform work, on the grounds that they have exercised the rights provided for in this Directive.

Amendment 996 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent (including long- term suspensions, which may cause harm without equating to a dismissal) and all preparations for dismissal or its equivalent of persons performing platform work~~, on the grounds that they have exercised the rights provided for in this Directive~~.

Amendment 997 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. Digital labour platforms must comply with the measures applicable to employers as regards stating the grounds for disciplinary action and dismissal.

Amendment 998 #

Leila CHAIBI, Özlem DEMIREL, Marc BOTENGA, Konstantinos ARVANITIS, Eugenia RODRÍGUEZ PALOP, Nikolaj VILLUMSEN, José GUSMÃO

Proposal for a directive
Article 18 – paragraph 3 a (new)

3a. This article on protection from dismissal shall also apply to genuinely self-employed persons, on the basis of the protection against wrongful termination of contracts afforded to self-employed commercial agents under Union law.

Amendment 999 #

Proposal for a directive
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) 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 (4) and (5) of that Regulation.

source: 732.905

2022/06/27 TRAN 178 amendments...

Amendment 100 #

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

2a. Digital labour platforms exerting the prerogatives of employers, such as supervision, organisation, control of work or sanctions, are companies and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity, and in particular with regard to labour law, tax law, the financing of social protection and responsibility for health and safety. Platform workers shall fully enjoy employee status in line with national law and sectoral collective agreements, including the right to join a trade union, to organise and to engage in collective bargaining.

Amendment 101 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

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

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

Amendment 102 #

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

1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, in order to ensure that the legal presumption can be relied upon by competent authorities verifying compliance with or enforcing relevant legislation as well as persons performing platform work who dispute the classification of their employment status.

Amendment 103 #

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

1. The contractual relationship between a digital labour platform ~~that controls, within the meaning of paragraph 2, the performance of work~~ and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures~~, in accordance with their national legal and judicial systems.~~ classifying workers performing platform work as employees with permanent employment contracts1a, in accordance with their national legal and judicial systems. _________________ 1a https://www.ilo.org/public/french/bureau/ stat/class/icse.htm

Amendment 104 #

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

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

Amendment 105 #

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

Amendment 106 #

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

Amendment 107 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

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

The legal presumption shall apply ~~in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legis~~as soon as this Directive enters into force. The competent authorities and bodies registering administrative procedures that verify compliance with or enforce relevant legislation must provide grounds for that presumption. To that end, for platforms already active in Member States, the procedure shall operate as follows: (a) Member States shall supply and keep up to date a list of the digital platforms operating in their territories; (b) The platform shall receive notification that workers performing platform work shall be presumed to be employees as soon as this Directive enters into force, with the transposition period enabling administrative and legal measures to be put in place to allow compliance with this presumption or to approach the authorities of the Member States in which it operates to rebut the presumption; (c) If a rebuttal of the legal presumption via a reversal of the burden of proof as laid down in Article 5 has not taken place or has not been approved by the authorities responsible for ensuring compliance with the legislation, workers performing platform work must be given permanent employment contracts no later than the day on which these legislative provisions enter into force pursuant to Article 21, without prejudice to digital platforms or Member States wishing to put the legal presumption into effect earlier. Where a new platform is set up: (a) Member States shall update the list of digital platforms operating in their territories; (b) The presumption of an employment relationship shall ~~be able to rely on that presumption.~~ apply; (c) The platform may seek to rebut the legal presumption by reversing the burden of proof, as laid down in Article 5. If the authorities responsible for ensuring compliance with the legislation approve the reversal, then platform workers must be self-employed workers. The platform may operate in the territory of the relevant Member State provided it complies with the decision taken by the above-mentioned authorities; (d) Both the platform and platform workers may appeal against the decision if they consider it necessary to do so.

Amendment 108 #

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

Amendment 109 #

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

Amendment 110 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 111 #

Proposal for a directive
Article 4 – paragraph 2

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

Amendment 112 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Markus PIEPER, Henna VIRKKUNEN

Proposal for a directive
Article 4.º – paragraph 2

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

Amendment 113 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling ~~at least two~~the majority of the following:

Amendment 114 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling a~~t least two~~ majority of the following:

Amendment 115 #

~~(a) effectively determining, or setting upper limits for the level of remuneration;~~deleted

Amendment 116 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively~~de facto determining, or setting ~~upper limits for the~~the total level of remuneration, beyond what is required by law;

Amendment 117 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) ~~effectively~~de facto determining, or setting upper limits for the level of remuneration;

Amendment 118 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;~~deleted

Amendment 119 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;;

Amendment 120 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
Article 4 – paragraph 2 – point c

~~(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;~~deleted

Amendment 121 #

Proposal for a directive
Article 4 – paragraph 2 – point c

Amendment 122 #

Proposal for a directive
Article 4 – paragraph 2 – point c

(c) closely supervising the performance of work or verifying the quality of the results of the work including by electronic means;

Amendment 123 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 4 – paragraph 2 – point d

Amendment 124 #

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) de facto effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks, including from other digital platforms or to use subcontractors or substitutes;

Amendment 125 #

Proposal for a directive
Article 4 – paragraph 2 – point d

Amendment 126 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 4 – paragraph 2 – point e

~~(e) effectively restricting the possibility to build a client base or to perform work for any third party.~~deleted

Amendment 127 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) de facto effectively restricting the possibility to build a client base or to perform work for any third party.

Amendment 128 #

Proposal for a directive
Article 4 – paragraph 2 – point e

(e) ~~effectively~~de facto restricting the possibility to build a client base or to perform work for any third party.

Amendment 129 #

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

Member States shall take 3. Member States shall take supporting 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 supporting the sustainable growth of digital labour platforms~~. In particular they shall:

Amendment 130 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

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

Amendment 131 #

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

3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups, avoiding capturing the genuine self-employed and supporting the conditions for innovation and the sustainable growth of digital labour platforms. In particular they shall:

Amendment 132 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

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

Amendment 133 #

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

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

Amendment 134 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Article 4.º – paragraph 3 – point b

(b) Develop guidance for digital labour platforms, ~~persons performing platform work and social partn~~for their workers, trade unions and organisations representing employers, to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 135 #

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

(b) develop precise recommendations providing guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

Amendment 136 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

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

Amendment 137 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

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

Amendment 138 #

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

(c) develop guidance for enforcement authorities to ~~proactively target and~~ pursue non-compliant digital labour platforms following a related administrative or legal decision;

Amendment 139 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

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

(c) develop ~~guidance~~capacity building guidance, training for enforcement authorities to proactively target and pursue non-compliant digital labour platforms;

Amendment 140 #

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

Amendment 141 #

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

Amendment 142 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

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

Amendment 143 #

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

(da) (da) develop a consultation mechanism under which persons performing platform work or digital labour platforms can request the relevant authorities to pre-emptively assess, verify and justify the employment status of persons performing platform work on the basis of the control of the performance of work within the meaning of paragraph 2.

Amendment 144 #

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

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

Amendment 145 #

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

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

Amendment 146 #

Proposal for a directive
Article 4.º – paragraph 4

Amendment 147 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Markus PIEPER, Henna VIRKKUNEN

Proposal for a directive
Article 4 – paragraph 4

Amendment 148 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both. Member States shall also ensure that before the presumption can be applied, each party will have the opportunity to present evidence and arguments.

Amendment 149 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 150 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Markus PIEPER

Proposal for a directive
Article 5 – paragraph 2

Where the digital labour platform ~~argues that the contractu~~contests the legal prelationship 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 proceedingssumption of an employment relationship in a court, it shall be for the platform to prove that there is no such relationship. Until all remedies have been exhausted, any proceedings that have been launched shall not ~~have~~ suspen~~siv~~d the effect ~~on the application~~s of the legal presumption.

Amendment 151 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 152 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 5 – paragraph 2

Amendment 153 #

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

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

Amendment 154 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 155 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 5 – paragraph 3

Amendment 156 #

Proposal for a directive
Article 5 – paragraph 3

Where the person performing the platform work 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 digital labour platform shall be required to assist the proper resolution of the proceedings, ~~notably~~ by providing all relevant information held by it. Member States shall provide the necessary guidance for procedures to rebut the legal presumption.

Amendment 157 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

If digital labour platforms voluntarily decide to pay for social protection, accident insurance or other forms of insurance, or training or any other similar benefits to self-employed persons working through the platforms, those decisions must be deemed to be determining elements indicating the existence of an employment relationship.

Amendment 158 #

Proposal for a directive
Article 5 – paragraph 3 b (new)

The presumption of an employment relationship may be rebutted if all the following conditions are met: (a) the person performing the work does so without any supervision or instruction from another party, both in terms of the contract under which the work is performed and in terms of the facts; (b) the worker performs activities which are not part of the activities normally performed by the employer company; (c) the person performing the work usually carries out a trade, profession or independent activity of the same type as the work performed.

Amendment 159 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Article 5 – paragraph 3 c (new)

If digital labour platforms wish to rebut the existence of an employment relationship with their workers, they must open up their algorithms to the competent administrative or judicial authority and reveal the elements that have an impact on workers and on the organisation of work, including the criteria for allocation of work, that make it possible to offer more advantageous conditions or offers, logging out and opt-ins, used for the purposes of evaluation, statistics and profiling, and must show which data are collected.

Amendment 160 #

Proposal for a directive
Article 5 a (new)

Article 5 a Improvement of working conditions of genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, either 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 shall not be regarded as determining elements indicating the existence of an employment relationship

Amendment 161 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Markus PIEPER

Proposal for a directive
Article 5 a (new)

Article 5 a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, 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 shall not be regarded as determining elements indicating the existence of an employment relationship.

Amendment 162 #

Proposal for a directive
Article 5 b (new)

Article 5 b Security trainings and specific training in the transport sector Digital labour platforms shall provide the information and access to regular security trainings and specific training in the transport sectors, taking into account the requirements and consumer expectations. They shall ensure that platform workers act responsibly particularly as regards aspects related to safety, security, health, protection of privacy and accurate information and they need to be equipped with adequate protective equipment. They shall develop training and professional development pathways in order to broaden their workers’ professional options.

Amendment 163 #

Proposal for a directive
Article 6.º – paragraph 1 – introductory part

1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152~~, Member States shall require digital labour platforms to inform platform worker~~ and the relevant national legislation, Member States shall guarantee that any decision taken by automated and semi-automated systems does not affect the employment relationship and shall require digital labour platforms to inform, in a clear, transparent and timely manner, their workers, trade unions, labour inspectorates and competent authorities of:

Amendment 164 #

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

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

Amendment 165 #

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

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

Amendment 166 #

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

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

Amendment 167 #

Proposal for a directive
Article 6 – paragraph 3

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

Amendment 168 #

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

Amendment 169 #

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

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

Amendment 170 #

Proposal for a directive
Article 6 a (new)

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

Amendment 171 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that ~~digital labour platforms regularly m~~all decisions that have an impact on working condit~~or 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.~~ ions, health and safety and decisions to suspend accounts shall not be taken by automated or semi-automated monitoring and decision-making systems and that reasons may be given for the decisions, in line with national law and collective agreements. Member States shall ensure that workers, through their representatives, have a right of co- decision in respect of the algorithm systems, and that there is human intervention and human supervision of all the decisions that have an impact on working conditions (such as the organisation of work, working time, remuneration and promotion), especially for important decisions such as disciplinary measures or dismissal.

Amendment 172 #

Proposal for a directive
Article 7 – paragraph 1

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

Amendment 173 #

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

Amendment 174 #

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

Amendment 175 #

Proposal for a directive
Article 7 – paragraph 3

Amendment 176 #

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

Amendment 177 #

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

Amendment 178 #

Proposal for a directive
Article 9.º – title

Information ~~and~~, consultation and participation

Amendment 179 #

Proposal for a directive
Article 9 – paragraph 1

1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. Workers’ rights to information and to consultation, access to information for representatives and the competent authorities, and access to evidence should be granted irrespective of whether the algorithm is managed by the digital labour platform or by a sub- contracted service provider which sells its management services to the platform. Moreover, the labour inspectorate must have access to all the contents of the algorithm so that it may scrutinise the algorithmic management criteria.

Amendment 180 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 181 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Persons performing platform work shall be granted the right to data portability, including portability of reputational data, or the right not to transfer those data if they do not wish to, as well as the right to rectification, the right to erasure and the right to be forgotten. Digital labour platforms shall make their reputation systems interoperable to ensure that such data transfers may be carried out.

Amendment 182 #

Proposal for a directive
Article 9.º – paragraph 2 a (new)

2a. For the purposes of this article, the rules laid down in Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees shall apply.

Amendment 183 #

Proposal for a directive
Article 9.º – paragraph 3

3. The trade unions, the platform workers’ representatives or the ~~platform~~ workers concerned ~~may~~should 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 platform workers in a Member State, t~~The expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

Amendment 184 #

Proposal for a directive
Article 10 – paragraph 1

Amendment 185 #

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

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

Amendment 186 #

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

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

Amendment 187 #

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

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

Amendment 188 #

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

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

Amendment 189 #

Proposal for a directive
Article 12 – paragraph 3

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

Amendment 190 #

Proposal for a directive
Article 12 – paragraph 4

Amendment 191 #

Proposal for a directive
Article 13.º – paragraph 1

Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679 and Article 13(1) of Directive 2009/52/EC, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, ~~have access to~~as well as their trade union organisations, have access to appropriate, speedy, free of charge, fair and efficient procedures and mechanisms for settling disputes regarding the existence and terms of an employment relationship, and effective and impartial dispute resolution and a right to redress, including fair and adequate compensation, in the case of infringements of their rights arising from this Directive or from the prevailing national legislation.

Amendment 192 #

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

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

Amendment 193 #

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

Amendment 194 #

Proposal for a directive
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 work, through the digital labour platforms’ digital infrastructure ~~or similarly effective mean~~, high-speed wireless and fixed connectivity or similarly effective means is essential for the further development of digitalised transport services, 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.

Amendment 195 #

Proposal for a directive
Article 15 a (new)

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

Amendment 196 #

Proposal for a directive
Article 15 b (new)

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

Amendment 197 #

Proposal for a directive
Article 20.º – paragraph 1 a (new)

1a. The transposition of this Directive by each Member State shall not conflict with existing provisions of laws or agreements more favourable to workers.

Amendment 20 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Recital 2

Amendment 21 #

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, while also carrying some risks for employment and working conditions. 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. Furthermore, in the field of transport, drivers' ability to work for different platforms in parallel is a key enabler to reduce emissions, congestions and waiting times, while increasing drivers’ revenues. Ride-hailing, ride-sharing, car-sharing, car-pooling and freight-sharing services complement public transport, reduce the reliability on private cars and increase inclusivity.

Amendment 22 #

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work, ~~improving productivity and enhancing flexibility~~enhancing flexibility (whether desired or imposed), while also carrying ~~some~~ risks for employment and working conditions, for the health and safety of workers and for the protection of the fundamental right to privacy, tax law, and labour law in general. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms. However, the architecture or design of the business model of digital labour platforms, particularly in the area of transport, has adverse consequences for workers and is often responsible for bad working conditions, the circumvention of labour law, greater insecurity, and the endangering and exploitation of workers.

Amendment 23 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
Recital 4

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

Amendment 24 #

Proposal for a directive
Recital 4

(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, ~~while also~~creating new employment and business opportunities, particularly in the context of the COVID- 19 pandemic, as well as increasing consumers’ choice while also potentially 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.

Amendment 25 #

Proposal for a directive
Recital 4

Amendment 26 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
Recital 4 a (new)

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

Amendment 27 #

Proposal for a directive
Recital 4 a (new)

(4a) Mobility as a Service (MaaS),the Logistics as a Service (LaaS) and the collaborative mobility facilitated by the emergence of platforms with new digital and innovative solutions benefit considerably multimodality and reduces congestion in urban and sub-urban areas, saving time and efforts for consumers and enhancing the competitiveness of the related businesses

Amendment 28 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Recital 4 a (new)

(4a) New technologies, including digital technologies, will play a key role in realising sustainable growth. In particular, digital technologies can help us better manage and track resource use, improve efficiency, and collaborate on reaching ambitious environmental EU goals, as well as quantify and measure progress in this regard.

Amendment 29 #

Proposal for a directive
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 ~~may~~are 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 30 #

Proposal for a directive
Recital 5 a (new)

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

Amendment 31 #

Proposal for a directive
Recital 5 a (new)

5a. The persistent non-compliances and the precarious nature of employment relationships are also due to the lack of political will by governments to require compliance with labour law, on the one hand and, on the other, to equip authorities with competence for inspection in the Member States with the technical, human and financial resources to monitor and penalise non-compliances;

Amendment 32 #

Proposal for a directive
Recital 5 a (new)

5a. In order to ensure their safety at work, digital platform workers in the transport and logistics sector should have appropriate working and safety equipment provided (particularly for deliverers on bicycles, mopeds and motorcycles), as well as vehicles in good working order and the necessary training, in line with their status.

Amendment 33 #

Proposal for a directive
Recital 5 b (new)

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

Amendment 34 #

Proposal for a directive
Recital 5 b (new)

5b. In order to ensure the safety of workers, digital platforms should, in accordance with Regulation (EU) 2016/679, communicate the identity of the clients making use of the services offered by the platform, so that drivers, and particularly female drivers, and ride- hailing drivers are aware of the identity of the people they are carrying and so that couriers, and particular female couriers, on bicycles know who they are going to deliver meals to.

Amendment 35 #

Leila CHAIBI, Elena KOUNTOURA

Proposal for a directive
Recital 5 b (new)

5b. Member States should equip labour inspectorates with the technical, human and financial resources to ensure, as a minimum, compliance with the ILO recommended ratio of one labour inspector per 10 000 workers;

Amendment 36 #

Proposal for a directive
Recital 6

(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying ~~som~~relative flexibility in the organisation of working time. At the same time, platform work brings challenges, as ~~it can~~digital platforms do not comply with European or national legislation and force their workers to work fraudulently as self-employed workers, circumventing labour law, seeking to blur the boundaries ~~between~~of the employment relationship and ~~self- employed activity, an~~enabling employers to avoid their responsibilities to~~f employers and~~ workers. Misclassification of the employment status has serious consequences for the persons affected, as it ~~is likely to~~ restricts access to existing labour and social rights. It also ~~leads to~~has consequences for all workers, since work via a platform in its current form leads to the unravelling, in the long term, of all the social protections and labour law and downgrades them. It also leads to the exploitation of workers, social dumping, 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, especially for those working in the transport sector. This is partly because the platforms circumvent labour law and tax law, and therefore benefit from unfair and illegally advantageous conditions compared with traditional businesses that comply with the law. In addition, the fact that the platforms do not comply with the regulations in force that are specific to their area of business, particularly in the passenger transport sector, also constitutes unfair competition. In addition, transport jobs are often strenuous occupations, and the demanding nature of the work is made greater by misclassification, the absence of predictable and transparent rules, and the absence of independent dialogue between the platforms and the trade unions on labour matters.

Amendment 37 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
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. In this regard, platform economy has become an integral and rapidly growing part of the European transport and tourism sectors, providing new business models, talent and work opportunities. 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 38 #

Proposal for a directive
Recital 6

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

Amendment 39 #

Proposal for a directive
Recital 6

(6) Platform work can provide opportunities for accessing the labour market more easily, in particular for more marginalised groups, 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 40 #

Proposal for a directive
Recital 6 a (new)

Amendment 41 #

Proposal for a directive
Recital 6 b (new)

(6b) Underlines that most platform workers have another job or other source of income and for most of whom platform activities are not their primary employment1a. According to research, platform workers tend to be low paid, but with a few relatively good incomes. Furthermore, workers in the platform economy tend to be younger and more highly educated than the wider population1b. __________________ 1a Study of the Value of Flexible Work for Local Delivery Couriers, p.5 1b The Social Protection of Workers in the Platform Economy https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/614184/IPOL_STU(20 17)614184_EN.pdf

Amendment 42 #

Proposal for a directive
Recital 7

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

Amendment 43 #

Proposal for a directive
Recital 7

(7) Court cases in several Member States have shown the ~~persistence~~cases 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 44 #

Proposal for a directive
Recital 7 a (new)

7a. In many Member States, the existence of an employment relationship between platform workers and the respective digital labour platforms has been recognised by judicial means. That recognition should provide a framework for case-law in this area. To avoid infringements of the principle of equality and non-discrimination between workers, it must be borne in mind that the effects of recognising the existence of an employment relationship, according to the relevant national legislation and the provisions of this Directive, date from the start of the contractual relationship.

Amendment 45 #

Proposal for a directive
Recital 8

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

Amendment 46 #

Proposal for a directive
Recital 8 a (new)

Amendment 47 #

Elsi KATAINEN, José Ramón BAUZÁ DÍAZ, Jan-Christoph OETJEN

Proposal for a directive
Recital 9 a (new)

Amendment 48 #

Proposal for a directive
Recital 9 a (new)

(9a) Stresses the importance to empower the platform workers with data and ensure genuine competition between platforms by providing better access to data and standardizing data connectivity to enhance conditions for self-employed workers while also maintaining the dynamic capacity of the platform economy;

Amendment 49 #

Proposal for a directive
Recital 9 b (new)

(9b) The number of platforms active in the EU has increased from 463 in 2016 to 516 in March 2021. In recent years, however, net growth in platforms has slowed down significantly. This can be explained by a decrease in the number of newly launched platforms, and an increase both in the number of platforms taken offline due to limited longer-term viability, and in merger and acquisition activity. Nevertheless, the platform economy in the EU has increased almost fivefold during the same period, from an estimated EUR 3.4 billion in 2016 to about EUR 14 billion in 2020. The majority of this activity falls under taxi and food delivery services, both of which were strongly impacted by the COVID-19 outbreak (-35% and +125% respectively). The earnings of people working through platforms have only increased by about 2.5 times in the past five years, from an estimated EUR 2.6 billion in 2016 to EUR 6.3 billion in 2020. About half of this amount is earned by people active on the top five platforms, involving predominantly food delivery and taxi services. The total earnings of people working through platforms are estimated to have decreased somewhat due to COVID-191f. __________________ 1f Digital Labour Platforms in the EU. Mapping and Business Models, p.8

Amendment 50 #

Proposal for a directive
Recital 9 c (new)

Amendment 51 #

Proposal for a directive
Recital 9 d (new)

Amendment 52 #

Proposal for a directive
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 53 #

Proposal for a directive
Recital 13

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

Amendment 54 #

Proposal for a directive
Recital 13 a (new)

(13a) The sharing economy has produced different business models and will continue to evolve as technology develops and behaviour changes. These developments need to be integrated in transportation planning, balancing the need for modal choice and the quality of service provision.

Amendment 55 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN, Ondřej KOVAŘÍK

Proposal for a directive
Recital 16

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

Amendment 56 #

Proposal for a directive
Recital 17

(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work while ensuring legal certainty and predictability for the most concerned sectors, such as in the fields of transport and tourism .

Amendment 57 #

Proposal for a directive
Recital 18 a (new)

18a. When establishing or introducing practical arrangements for information, consultation, negotiation or dialogue on labour matters, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, making joint efforts to improve working conditions and workers’ rights. Digital labour platforms will ensure, together with the trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices.

Amendment 58 #

Proposal for a directive
Recital 18 a (new)

18a. The persistent non-compliances and the precarious nature of employment relationships are also due to the lack of political will by governments to require compliance, on the one hand and, on the other, to equip authorities with competence for inspection in the Member States with the technical, human and financial resources to monitor and penalise non-compliances.

Amendment 59 #

Proposal for a directive
Recital 18 b (new)

18b. Platform workers in an employment relationship are entitled, in particular, to have their employment relationship governed by an employment contract, set pay with working hours defined according to national legislation, and which should not exceed 40 hours a week, the right to receive compensation for overtime and night work, decent working conditions, meal facilities and access to bathrooms and rest areas, sickness and workplace accident protection, parental leave and paid holidays, and to be informed of the working conditions and algorithms used by the platforms, and that these algorithms will be erased from illegal mechanisms for the imposition of penalties, punishments and fines.

Amendment 60 #

Proposal for a directive
Recital 22

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

Amendment 61 #

Proposal for a directive
Recital 22 a (new)

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

Amendment 62 #

Proposal for a directive
Recital 23

Amendment 63 #

Proposal for a directive
Recital 23

Amendment 64 #

Proposal for a directive
Recital 23

(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working Furthermore, workers are either employees or self-employed. The creation of a third status, which would be detrimental to transport workers, enabling the digital platform to benefit from the advantages of employer status withrou~~gh that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship~~t assuming the corresponding obligations, is in no way relevant and should under no circumstances be opened up as a possibility by this Directive.

Amendment 65 #

Elsi KATAINEN, José Ramón BAUZÁ DÍAZ, Jan-Christoph OETJEN

Proposal for a directive
Recital 23 a (new)

(23a) The Commission and the Member States shall support and encourage platform companies to develop training and professional development pathways in order to broaden their workers’ professional options; Regular obligatory security training and specific training in the transport sector is very important, taking into account the requirements and consumer expectations and ensuring that online platforms and platform workers act responsibly, particularly as regards aspects related to safety, security, health, the protection of privacy and the provision of accurate information; platform workers in the transport sector are exposed to health and safety risks and therefore need to be equipped with adequate protective equipment. It is important that the Commission and the Member States promote incentives for digital careers and re-evaluate education to make it fit for the digital age, focusing policies and incentives on preparing young people for future jobs in the transport sector.

Amendment 66 #

Proposal for a directive
Recital 23 a (new)

(23a) Stresses the importance to create a safety nets for self-employed platform workers for protection against accidents, unemployment and pension in line with subsidiarity principle and national competences of Member States whereas the potential of voluntary benefits from digital labour platforms should be taken into account;

Amendment 67 #

Elsi KATAINEN, José Ramón BAUZÁ DÍAZ, Jan-Christoph OETJEN

Proposal for a directive
Recital 23 b (new)

(23b) Stresses that the criteria of this directive should respect the unique features of platform work; takes account that the Court of Justice of the European Union has assessed the status of the employment relationship in the Yodel case (C-692/19) in April 2020, and addresses co-legislators to be consistent with obeying this criteria, which identify the specificities of platform work;

Amendment 68 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
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 l~~, since that is an indication that the activity performed by the worker is an integral part of the activity of the platform. 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~~control or supervise 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 a~~is a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, and collective agreements ~~and practice~~. The legal presumption ~~should apply in all relevant admini~~of employee strative 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 on that presumption. Member States should put us should be generally applicable and should benefit all persons performing pla~~ce a national framework to reduce litigation and increase legal certainty~~tform work.

Amendment 69 #

Proposal for a directive
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 on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty. In this regards, national frameworks should take into account the opportunities provided by the collaborative services and platforms in the transport and tourism sectors. Furthermore, the national framework should foresee the necessary autonomy and flexibility for these sectors.

Amendment 70 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
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, 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~~ and avoid legal uncertainty, a majority of the criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the 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 supervising 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~~applicable local law or regulations, or collective bargaining agreements, to safeguard the health and safety of the recipients of the service, to provide satisfactory consumer service, to prevent fraud at the expense of consumers or platform workers, to reach goals related to low and zero emission mobility, should not be understood as controlling the performance of work.

Amendment 71 #

Proposal for a directive
Recital 26

Amendment 72 #

Proposal for a directive
Recital 26

Amendment 73 #

Proposal for a directive
Recital 26 a (new)

(26a) The digital labour platforms in the transport sector exhibit great diversity and include multinational companies, SMEs and start-ups that are active in many different EU countries and hold the potential to enhance multimodal transportation and resource sharing, and facilitate efficiency, and productivity improvement through new business models, products and services for workers, businesses and consumers alike. The platform industry has contributed to business formation and job growth, created flexible working models such as part time jobs, and lowered barriers to entry into the labour market for social groups who have often been discriminated by offering them new professional possibilities; The Covid-19 crisis has increased the growth rate of this kind of business model, in particular in the delivery services, and highlighted the ability of the platform economy to create job opportunities; The Covid-19 pandemic has significantly increased the growth rate for transport and delivery platforms and led to an increased number of platform workers in these industries.

Amendment 74 #

Proposal for a directive
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 in order to avoid the triggering and subsequent rebuttal in cases of genuine self-employment. 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 75 #

Proposal for a directive
Recital 30 a (new)

30a. The use of algorithmic scheduling systems heightens the use of precarious, short shifts and unstable and unpredictable schedules. Algorithmic direction, evaluation, and discipline intensify work effort by increasing monitoring, control and supervision of work, raising the pace required from workers, minimising gaps in workflow and extending work activity beyond the conventional workplace and working hours. These algorithmic systems are present on all digital labour platforms and form part of their business model in order to align the service they supply with clients’ demands. However, workers and their representatives often only have a low degree of visibility of or control over these algorithmic systems, even though the systems organise work and impact working conditions. This is particularly true for freight transport and delivery services.

Amendment 76 #

Proposal for a directive
Recital 31 a (new)

Amendment 77 #

Proposal for a directive
Recital 32 a (new)

Amendment 78 #

Proposal for a directive
Recital 33

Amendment 79 #

Proposal for a directive
Recital 42

(42) Platforms that are active in the transport, delivery or logistics sectors are companies like any other and must comply with the regulations and collective agreements in force in the relevant sectors. 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. Digital labour platforms must be included in the public register of companies, and the relevant information must be included for all digital labour platforms operating in the country, in order to ensure fair competition between them. This information should include, among other elements, information on the number of workers and the company’s status and turnover.

Amendment 80 #

Proposal for a directive
Recital 45 a (new)

(45a) Significant innovations were made in the field of artificial intelligence, which have become integral to the business models and decision-making of platform companies and recalls that artificial intelligence usage on platforms should uphold the health, safety, privacy and working conditions of platform workers.

Amendment 81 #

Proposal for a directive
Recital 48 a (new)

Amendment 82 #

José Ramón BAUZÁ DÍAZ, Elsi KATAINEN, Jan-Christoph OETJEN

Proposal for a directive
Recital 51

Amendment 83 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by 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, maintaining their development, autonomy and flexibility and providing legal certainty.

Amendment 84 #

Leila CHAIBI, Elena KOUNTOURA

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 85 #

Proposal for a directive
Article premier – 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 in order to guarantee their rights, 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 86 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve the working conditions of ~~persons performing~~ platform workers (i) by ensuring correct determination of ~~their~~ employment status, of dependent contractors, (ii) by promoting transparency, fairness and accountability in algorithmic management in platform work and (iii) 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 87 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Article 1 – paragraph 2 – introductory part

2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts on a case by case basis, 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.

Amendment 88 #

Leila CHAIBI, Elena KOUNTOURA

Proposal for a directive
Article premier – paragraph 3

3. This Directive applies to digital labour platforms organising platform work performed in the Union, irrespective of their place of establishment ~~and irrespective of the law otherwise applicable~~of the company or the client. The digital labour platform must comply with the legislation applicable in the country where the service is provided in order to guarantee equal treatment for workers and companies.

Amendment 89 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

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

Amendment 90 #

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

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

Amendment 91 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

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

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

Amendment 92 #

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

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

Amendment 93 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘employed 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 to the case-law of the Court of Justice;

Amendment 94 #

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

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

Amendment 95 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

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

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

Amendment 96 #

Proposal for a directive
Article 3 – paragraph 1

1. In the event in which such procedures are not already in place, Member States shall have appropriate 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 when and where applicable, and ensuring that they enjoy the rights deriving from Union law applicable to workers.

Amendment 97 #

Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN

Proposal for a directive
Article 3 – paragraph 2

Amendment 98 #

Proposal for a directive
Article 3 – paragraph 2

2. The determination of the existence of an employment relationship shall be guided ~~primarily~~ by the facts relating to the actual performance of work by the individual in question, on a case by case basis, 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 assuming the obligations of the employer shall be clearly identified in accordance with national legal systems.

Amendment 99 #