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REPORT (COM(2021)0762 – C90454/2021 – 2021/0414(COD))

On the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work

A-9-2022-0301

Committee on Employment and Social Affairs · Rapporteur: Elisabetta Gualmini

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Parliament's amended version of the Commission proposal for a directive on improving working conditions in platform work sets rules on employment status, algorithmic management, transparency and enforcement. It introduces a legal presumption that a person performing platform work is a platform worker, which platforms can rebut, and requires Member States to verify correct classification. It requires platforms to inform workers and their representatives about automated monitoring and decision-making systems, to ensure human oversight and review of significant decisions, and to restrict certain data processing. It requires information and consultation of workers' representatives on automated systems, promotes collective bargaining, and requires platforms to declare work to authorities and provide information. It provides for enforcement through dispute resolution, protection from adverse treatment, penalties, and rules on subcontracting liability and cross-border cooperation.

Committee position. The Committee on Employment and Social Affairs proposes to amend the Commission proposal by introducing a rebuttable legal presumption of employment, strengthening rules on algorithmic management, transparency, collective bargaining and enforcement.

Key points

  1. Member States must have effective procedures to verify and ensure the correct determination of the employment status of persons performing platform work.
  2. A person performing platform work is presumed to be a platform worker, and digital labour platforms are presumed to be employers; platforms can rebut the presumption.
  3. Member States must take supporting measures, including guidance, training, inspections and annual national targets for inspections in sectors where platforms operate.
  4. The legal presumption applies only from the date set in the transposing legislation, without prejudice to Directive (EU) 2019/1152.
  5. Platforms must inform platform workers, their representatives and labour inspectorates about automated monitoring and decision-making systems, including their features and parameters.
  6. Decisions on health and safety, contractual relationship, disciplinary measures, or restricting, suspending or terminating accounts must be taken by humans, not automated systems.
  7. Platforms must not process certain categories of personal data, including emotional or psychological state, private conversations, special categories of data, or biometrics-based data.
  8. Platforms must carry out data protection impact assessments and provide data portability tools.
  9. Platforms must ensure human oversight of decisions affecting working conditions, regularly assess impacts on working conditions, health and safety and fundamental rights, and cease use of systems with unmitigated risks.
  10. Platform workers have the right to an explanation and human review of significant automated decisions, with a substantiated reply within two weeks, or one month for micro, small and medium-sized enterprises.
  11. Member States must ensure timely information and effective consultation of workers' representatives on automated systems, with expert assistance funded by platforms with more than 250 workers.
  12. Member States must promote collective bargaining, require platforms to declare work to authorities, provide information to authorities and representatives, and ensure enforcement through dispute resolution, penalties and subcontracting liability.

Who is affected

  • Digital labour platforms: must comply with transparency, human oversight, data protection, declaration and liability rules.
  • Persons performing platform work: gain rights to information, human review, data protection and collective bargaining.
  • Member States: must establish procedures, inspections, penalties and promote collective bargaining.
  • Workers' representatives and trade unions: gain rights to information, consultation and access to workers.
  • National authorities: must cooperate, exchange information and enforce the directive.

Figures and deadlines

  • EUR 3,4 billion in 2016 to about EUR 14 billion in 2020: platform economy growth.
  • 463 in 2016 to 516 in March 2021: number of platforms active in the Union.
  • 8,9 hours per week: unpaid tasks by platform workers.
  • one labour inspector per 10 000 workers: recommended ratio.
  • within one month: inspection after reclassification.
  • within two weeks: reply to review request; one month for micro, small and medium-sized enterprises.
  • more than 250 workers: threshold for platform bearing expert expenses.
  • up to three years: exclusion from public benefits, aids or subsidies.

Legal basis: Article 294(2) and 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.