What changed

ORDINARY LEGISLATIVE procedure

SHORT JUSTIFICATION

Follow up to the European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work

According to the Commission estimates, over 28 million people in the EU are involved in platform work, and by 2025 this number will rise to 43 million. The COVID-19 pandemic accelerated this trend, promoting sectors that were already moving towards platform work such as low-skilled platform-determined on-location work in the European transport sector like food delivery, ride hailing and freight transport. The platform economy has a growing potential in terms of creating employment opportunities for people on the edge of the labour market, however, the flexibility and exponential growth of platform work risk to bring about precarious working conditions for the people performing that work without proper regulation. Furthermore, platform economies based on misclassification of workers, insufficient social protection and tax avoidance are unacceptable and are costly for Members States in missed tax remuneration and creates an uneven level playing field between online platforms and traditional business models operating in the transport and tourism sectors in the Union.

1. Rapporteur: Elisabetta GUALMINI (S&D / IT)

Based on last year’s opinion the rapporteur seeks to ensure fair and just working conditions, which respect the psychosocial and physical health, safety and dignity of the platform workers. This applies especially for the European transport sectors and particularly for low-skilled platform-determined on-location work, where platform work has increased significantly due to the COVID-19 pandemic.

2. Reference numbers: 2021/0414 (COD) / A9-0301/2022 / P9_TA(2024)0330

Health and safety

3. Date of adoption of the resolution: 24 April 2024

Besides the typical risks of work, such as fatigue, stress and exhaustion, people performing platform work in the transport and tourism sectors are exposed to psychosocial risk due to the precariousness of the platform work such as pressure due to online monitoring, rating, and tight deadlines. The COVID-19 pandemic has also demonstrated that people performing platform work, particularly those performing low-skilled platform-determined on-location work in the European transport and tourism sector, were exposed to safety and health risk and should therefore be equipped with protective equipment, accident insurances and social protection such as access to sick leave and unemployment protection. Vulnerable workers such as migrant and young workers are especially affected by the uncertainty of the employment relationship as well as the health and safety risks, why they need effective protection.

4. Legal basis: Article 153(2), point (b), in conjunction with Article 153(1), point (b), and Article 16(2) of the Treaty on the Functioning of the European Union

Algorithmic management

5. Competent Parliamentary Committee: Committee on Employment and Social Affairs (EMPL)

Algorithmic management is a core component of the business model of the platform sectors, including the platform companies in the European transport and tourism sector. The rapporteur seeks to broaden the protection of fundamental rights, health and dignity of all workers subject to algorithmic management including automated and semi-automated monitoring and decision-making systems. This includes the need for human oversight of all decisions affecting working conditions, health and safety or introducing changes to the agreed terms of the employment relationship.

6. Commission's position: accepts all amendments.

Social dialogue

The lack of a common workplace for the people performing platform work also applies for platform work in the European transport and tourism sector. Therefore, the rapporteur seeks to ensure social dialogue through the proper representation, including the right to join a trade union, to organise, and bargain collectively.

Access to training and upskilling

Due to the precarious character and the health and safety risks of platform work, particularly in the low-skilled, platform-determined on-location work in the European transport and tourism sector, there is a need for developing regular obligatory security training and offer professional development pathways in order to broaden professional options of people working through these platforms ensuring safety, security and health at work.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 2

Or. en

Amendment 2

Proposal for a directive

Recital 4

Or. en

Amendment 3

Proposal for a directive

Recital 4 a (new)

Or. en

Amendment 4

Proposal for a directive

Recital 5 a (new)

Or. en

Amendment 5

Proposal for a directive

Recital 6

Or. en

Amendment 6

Proposal for a directive

Recital 16 a (new)

Or. en

Amendment 7

Proposal for a directive

Recital 18 a (new)

Or. en

Amendment 8

Proposal for a directive

Recital 23

Or. en

Amendment 9

Proposal for a directive

Recital 30 a (new)

Or. en

Amendment 10

Proposal for a directive

Recital 45

Or. en

Amendment 11

Proposal for a directive

Recital 53 a (new)

Or. en

Amendment 12

Proposal for a directive

Article 1 – paragraph 1

Or. en

Amendment 13

Proposal for a directive

Article 2 – paragraph 1 – point 5 a (new)

Or. en

Amendment 14

Proposal for a directive

Article 3 – paragraph 2 a (new)

Or. en

Amendment 15

Proposal for a directive

Article 7 – paragraph 1

Or. en

Amendment 16

Proposal for a directive

Article 9 – paragraph 1

Or. en

Amendment 17

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Or. en

Amendment 18

Proposal for a directive

Article 15 a (new)

Or. en

Amendment 19

Proposal for a directive

Article 18 a (new)

Or. en