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

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 in cross-border situations, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.

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 #

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

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 #

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

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

(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. ~~Article 16 of the Charter recognises the freedom to conduct a business.~~

Amendment 176 #

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

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 working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 216 of the Charter ~~recognises the freedom~~provides for the right to cnon~~duct a business~~- discrimination.

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 #

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

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 #

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

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 #

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

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 #

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, Svenja HAHN

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

(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, while also carrying some risks for employment and working conditions. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms and have created economic opportunity for hundreds of thousands of EU citizens and businesses while offering choice and value to consumers in the EU.

Amendment 190 #

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 which represent new opportunities for many Member States nationals, businesses including small and medium enterprises, as well as end consumers.

Amendment 191 #

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 and artificial intelligence, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms.

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 #

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, Svenja HAHN

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 #

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, Svenja HAHN

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 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO

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 #

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 #

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 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 #

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, Svenja HAHN

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

(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 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 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN

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 #

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

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 #

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

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 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO

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, including trade unions, 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.

Amendment 242 #

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 #

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 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 #

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

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 #

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

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 #

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 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

(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 conditions, Directive 2003/88/EC of the European Parliament and of the Council on working time, Directive 2008/104/EC of the European Parliament and of the Council 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. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed and are not equal to new labour market challenges or adapted to business models that use artificial intelligence and algorithms to manage working conditions and employment relationships. __________________ 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 255 #

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, notably Directive 89/391/EEC, information and consultation of workers, notably Directive 2002/14/EC and Directive 2009/38/EC, 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. __________________ 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 256 #

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

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. ~~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 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 #

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

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 #

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

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

(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.deleted

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 #

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

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 #

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

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 #

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 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)

(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, 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.

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 #

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
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 #

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 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 #

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 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

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

Amendment 321 #

Anna ZALEWSKA, Elżbieta RAFALSKA, Beata SZYDŁO

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 relationship.

Amendment 322 #

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 relationship.

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

(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, as a result of collective bargaining, based on the Code of Conduct agreed among the relevant stakeholders, 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 324 #

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

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, as a result of collective bargaining 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 325 #

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, Marianne VIND

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 #

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

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

(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~~apply that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.

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 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. ; 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 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 penalties, should also be surely considered as an element of supervising or controlling the performance of work. Verifying the quality of the results of that work, including through electronic means 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 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 supervising the performance of work.

Amendment 338 #

Radan KANEV, Gheorghe FALCĂ

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 #

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

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 #

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

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 #

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

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

(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 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 #

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 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

(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 363 #

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 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

(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 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 #

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 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 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 #

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

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 #

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

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 #

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

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

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

Amendment 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 #

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 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 #

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 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

(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. Digital labour platforms should not under any circumstances provide for discriminatory practices when processing personal data.

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 #

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

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 #

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 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 #

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 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 #

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

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 #

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 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 #

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

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 #

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

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 #

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

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 #

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 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 #

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
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 #

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

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 #

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, Svenja HAHN

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 #

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

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

(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 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 #

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

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 #

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 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 #

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

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 #

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

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 national law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice.

Amendment 470 #

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.

Amendment 471 #

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, Svenja HAHN

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 #

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
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 #

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

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 #

Radan KANEV, Jarosław DUDA, Krzysztof HETMAN

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 #

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
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 #