Sittings · Document

Draft report (2025/2080(INL)) 2025-09-01

Digitalisation, artificial intelligence and algorithmic management in the workplace – shaping the future of work

Committee on Employment and Social Affairs

AM_Com_NonLegReport

Amendment 258

Andrea Wechsler, Angelika Winzig, Letizia Moratti, Giusi Princi, Raúl de la Hoz Quintano, Miriam Lexmann, Henrik Dahl, Maravillas Abadía Jover, Jörgen Warborn, Arba Kokalari, Christian Ehler

Motion for a resolution

Annex I

Motion for a resolution

Amendment

[...]

deleted

Or. en

Amendment 259

Francesco Torselli, Chiara Gemma

Motion for a resolution

Annex I

Motion for a resolution

Amendment

[...]

deleted

Or. en

Amendment 260

Irena Joveva

Motion for a resolution

Annex I – Title of the proposal requested

Motion for a resolution

Amendment

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on algorithmic management in the workplace

on artificial intelligence and algorithmic management in the workplace

Or. en

Amendment 261

Marc Angel, Nora Mebarek, Vilija Blinkevičiūtė, Alicia Homs Ginel, Isilda Gomes, Gabriele Bischoff, Evelyn Regner, Idoia Mendia, Marianne Vind, Alex Agius Saliba, Romana Jerković, Estelle Ceulemans

Motion for a resolution

Annex I – recital 1

Motion for a resolution

Amendment

(1) The unprecedented scale, depth and rapid pace of the transformation, and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.

(1) The unprecedented scale, depth and rapid pace of the transformation, and its profound impact on the work patterns and on the workers present cross cutting challenges that transcend national borders and need to be addressed at Union level.

Or. en

Amendment 262

Irena Joveva

Motion for a resolution

Annex I – recital 1

Motion for a resolution

Amendment

(1) The unprecedented scale, depth and rapid pace of the digital transformation, and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.

Or. en

Amendment 263

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 1

Motion for a resolution

Amendment

(1) The unprecedented scale, depth and rapid pace of the digital transition and its profound impact on the work patterns present cross cutting challenges that transcend national borders and need to be addressed at Union level.

Or. en

Amendment 264

Motion for a resolution

Annex I – recital 1 a (new)

Motion for a resolution

Amendment

(1a) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union (Court of Justice) for determining the status of a worker. Provided that they fulfil those criteria, workers in both the private and the public sectors, as well as domestic workers, on-demand workers, intermittent workers, voucher-based workers, platform workers, trainees, apprentices and other non-standard workers, as well as bogus self-employed and undeclared workers could fall within the scope 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. Bogus 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. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship

Or. en

Amendment 265

Motion for a resolution

Annex I – recital 1 b (new)

Motion for a resolution

Amendment

(1b) According to the International Labour Organization (ILO) Workers’ Representatives Convention No 135 (1971), currently ratified by 24 Member States, worker representatives can be persons who are recognised as such under national law or practice, whether they are trade union representatives, namely representatives designated or elected by trade unions or by members of such unions, or elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned. That Convention states that, where both trade union representatives and elected representatives exist in the same undertaking, such representation is not to be used to undermine the positions of the trade unions concerned or of their representatives, and that cooperation between the elected representatives and the trade unions concerned or their representatives is to be encouraged.”

Or. en

Amendment 266

Motion for a resolution

Annex I – recital 2

Motion for a resolution

Amendment

(2) Algorithmic management systems should be understood as tools and enablers that serve both employers and workers by improving efficiency, facilitating decision-making, and supporting better work organisation. When used responsibly and transparently, such systems can contribute to more balanced and informed workplace practices. Their careful deployment under a common set of Union rules should unlock their potential ensuring implementation in a manner that upholds fundamental rights, fosters trust and promotes the overall well-being of workers.

(2) Algorithmic management systems should be understood as tools and enablers that serve both employers and workers by improving efficiency, facilitating decision-making, and supporting better work organisation. When used responsibly and transparently, with the involvement of workers and their representatives within the framework of social dialogue, such systems can contribute to more balanced and informed workplace practices and consolidate sustainable productivity gains. Their careful deployment under a common set of Union rules should unlock their potential ensuring implementation in a manner that upholds fundamental rights, fosters trust and promotes the overall well-being of workers.

Or. en

Amendment 267

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – recital 2

Motion for a resolution

Amendment

(2) Algorithmic management systems should be understood as tools and enablers that serve both employers and workers by improving efficiency, facilitating decision-making, and supporting better work organisation. When used responsibly and transparently, thanks to clear legal rules and the effective involvement of workforce representatives, such systems can contribute to more balanced and informed workplace practices. Their careful deployment under a common set of Union rules should unlock their potential, while ensuring implementation in a manner that upholds fundamental rights, fosters trust and promotes the overall well-being of workers.

Or. en

Amendment 268

Irena Joveva

Motion for a resolution

Annex I – recital 2

Motion for a resolution

Amendment

(2) Algorithmic management and artificial intelligence systems should be understood as tools and enablers that serve both employers and workers by improving efficiency, productivity, facilitating decision-making, and supporting better work organisation. When used responsibly and transparently with sufficient human oversight, such systems can contribute to more balanced and informed workplace practices. Their careful deployment under a common set of Union rules should unlock their potential ensuring implementation in a manner that upholds fundamental rights, fosters trust and promotes the overall well-being of workers.

Or. en

Amendment 269

Motion for a resolution

Annex I – recital 3

Motion for a resolution

Amendment

(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes the workers from effectively asserting their data rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4 .

(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes the workers from effectively safeguarding their health and safety, and asserting their data rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4.

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4 OECD 2023. https://www.oecd.org/en/publications/the-impact-of-ai-on-the-workplace-main-findings-from-the-oecd-ai-surveys-of-employers-and-workers_ea0a0fe1-en.html; https://www.eurofound.europa.eu/en/publications/2020/european-company-survey-2019-workplace-practices-unlocking-employee-potential;

Or. en

Amendment 270

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – recital 3

Motion for a resolution

Amendment

(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes persons performing work from effectively safeguarding their rights, health and safety, and asserting their individual and collective data rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving persons performing work and their representatives in consultations improves both performance and working conditions, and is therefore necessary for the right implementation of algorithmic management in the workplace4 .

__________________

Or. en

Amendment 271

Irena Joveva

Motion for a resolution

Annex I – recital 3

Motion for a resolution

Amendment

(3) Lack of clear comprehension of the functioning of algorithmic management and artificial intelligence systems impedes employers from adopting such systems in the workplace and workers from effectively asserting their data and employment rights, which further reinforces the imbalance of power in favour of the employer. There is evidence that involving workers and their representatives in consultations improves both performance and working conditions4.

__________________

Or. en

Amendment 272

Angelika Winzig

Motion for a resolution

Annex I – recital 3

Motion for a resolution

Amendment

(3) Lack of clear comprehension of the functioning of algorithmic management systems impedes the workers from effectively asserting their data rights. There is evidence that involving workers and their representatives in consultations can improve both performance and working conditions4 .

__________________

Or. en

Amendment 273

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – recital 4

Motion for a resolution

Amendment

(4) The AI Act represents a significant step forward in regulating high-risk artificial intelligence systems, it remains nevertheless insufficient to fully address the challenges posed by algorithmic management in the workplace. Although it classifies work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users, and not on the employer– worker relationship. Therefore, it does not address the issues raised by the growing use of AI systems, which, while offering opportunities, poses certain risks concerning technical limitations and ethical concerns, associated with a system's level of autonomy and the overall potential of its use when humans are removed from the loop, starting from the model designing. Moreover, the AI Act does not apply to algorithmic management systems that are not AI-based, leaving a regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue.

Or. en

Amendment 274

Angelika Winzig

Motion for a resolution

Annex I – recital 4

Motion for a resolution

Amendment

(4) While the AI Act provides a horizontal framework for high-risk artificial intelligence systems, including certain workplace-related tools, its primary objective is to ensure the safe placement of AI systems on the internal market and to define compliance obligations for providers and users. It does not intend to regulate the internal organisation of work or the employer–worker relationship; whereas algorithmic management systems that are not AI-based remain outside its scope, which may lead to legal uncertainty and fragmented approaches. There is therefore a need to assess whether targeted, proportionate and innovation-friendly measures are necessary to address the specific use of digital management tools in the workplace, while avoiding overlaps with existing frameworks and unnecessary administrative burdens for employers.

Or. en

Amendment 275

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 4

Motion for a resolution

Amendment

(4) Regulation (EU) 2014/1689 of the European Parliament and of the Council1a (AI Act) represents a significant step forward in regulating high-risk artificial intelligence systems, it remains nevertheless insufficient to fully address the challenges posed by algorithmic management in the workplace. Although it classifies work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users, and not on the employer– worker relationship. Moreover, the AI Act does not apply to algorithmic management systems that are not AI-based, leaving a regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue

Or. en

Amendment 276

Irena Joveva

Motion for a resolution

Annex I – recital 4

Motion for a resolution

Amendment

(4) While the AI Act represents a significant step forward in regulating high-risk artificial intelligence systems including in the area of employment, nevertheless gaps remain concerning the challenges posed by algorithmic management and AI in the workplace. Although it classifies work-related AI tools as high-risk, its primary focus is on market placement, product safety, and compliance obligations for providers and users, and not on the employer– worker relationship. Moreover, the AI Act does not apply to algorithmic management systems that are not AI-based, leaving a regulatory gap in addressing the broader impact of digital management tools on workers’ rights, working conditions, and social dialogue.

Or. en

Amendment 277

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 5

Motion for a resolution

Amendment

(5) Regulation (EU) 2016/679 of the European Parliament and of the Council5 [General Data Protection Regulation] dates back to 2016 and was not specifically designed to address the particular challenges of data protection in the workplace, and since then technological and workplace realities have evolved significantly, necessitating an update and reinforcement of data protection provisions applicable to employment, as it currently leaves room for interpretation. Article 15(1), point (h), of Regulation (EU) 2016/679, which lays down the transparency requirements for and the limitations of data processing, only provides for clear prohibitions in the case of fully automated decision-making processes, which are therefore not sufficient in most employment-related contexts. What is more, Regulation (EU) 2016/679 adopts individualistic approach and does not grant collective rights. Since the entry into force of Regulation (EU) 2016/679, Article 88 on the protection of workers' personal data has been poorly implemented and remains largely ineffective in nearly all Member States6 .

deleted

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5 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).

6 Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review

Or. en

Amendment 278

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – recital 5

Motion for a resolution

Amendment

(5) Regulation (EU) 2016/679 of the European Parliament and of the Council [General Data Protection Regulation] dates back to 2016 and was not specifically designed to address the particular challenges of data protection related to automated and semi-automated algorithmic management systems in the workplace, and since then technological and workplace realities have evolved significantly, necessitating an update and reinforcement of data protection provisions applicable to employment, as it currently leaves room for interpretation. Article 15(1), point (h), of Regulation (EU) 2016/679, which lays down the transparency requirements for and the limitations of data processing, only provides for clear prohibitions in the case of fully automated decision-making processes, which are therefore not sufficient in most employment-related contexts, which also include semi-automated decision-making process. What is more, Regulation (EU) 2016/679 adopts individualistic approach and does not grant collective rights. Since the entry into force of Regulation (EU) 2016/679, Article 88 on the protection of workers' personal data has been poorly implemented and remains largely ineffective in nearly all Member States . 6 .

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6 Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review

Or. en

Amendment 279

Irena Joveva

Motion for a resolution

Annex I – recital 5

Motion for a resolution

Amendment

(5) Regulation (EU) 2016/679 of the European Parliament and of the Council5 [General Data Protection Regulation] sets out key rights and principles including transparency, fairness, purpose limitation and data minimisation. However, since its adoption technological and workplace realities have evolved significantly, necessitating a reinforcement of data protection provisions applicable to employment, as it currently leaves room for interpretation. Article 15(1), point (h), of Regulation (EU) 2016/679, which lays down the transparency requirements for and the limitations of data processing, only provides for clear prohibitions in the case of fully automated decision-making processes, which are therefore not sufficient in most employment-related contexts. What is more, Regulation (EU) 2016/679 adopts an individualistic approach and does not grant collective rights. Since the entry into force of Regulation (EU) 2016/679, Article 88 on the protection of workers' personal data has been poorly implemented and remains largely ineffective in nearly all Member States6 .

__________________

6 Abraha H. (2023), Article 88 GDPR and the Interplay between EU and Member State Employee Data protection rules, The Modern Law Review

Or. en

Amendment 280

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 5 a (new)

Motion for a resolution

Amendment

(5a) Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) represents a horizontally applicable legal framework to protect the rights of individuals with regard to the processing of their personal data, including the rights of workers. However, the GDPR however predates the widespread use of artificial intelligence systems in the workplace and does not adequately address the specific risks posed by algorithmic monitoring, profiling, and decision-making in employment contexts. In particular, Article 15(1)(h), which regulates the right to access meaningful information about automated decision-making, applies only to fully automated processes, leaving significant gaps where human oversight is nominal or non-substantive. Furthermore, Article 88 on the protection of workers’ personal data has been poorly implemented and remains largely ineffective across Member States. Since the GDPR protects an individual right, it cannot ensure collective safeguards, leaving workers and their representatives without sufficient means to defend their rights collectively in the face of complex AI systems.

Or. en

Amendment 281

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 6

Motion for a resolution

Amendment

(6) Directive 2002/14/EC of the European Parliament and of the Council7 [Information and Consultation Directive] provides only general information on the collective right to consultation while Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20198 [Directive on Transparent and Predictable Working Conditions] does not explicitly mention the right to information on algorithmic management systems and is not specific enough to address the complexity of the algorithmic management system. Those directives do not guarantee workers’ right to information on functioning, logic, or impact of algorithmic systems on their work organisation and evaluation and fail to involve workers.

(6) Article 2 of the [Information and Consultation Directive]7 provides only general information on the collective right to information and consultation regarding an undertaking’s or work organisation’s development, substantial changes and anticipatory measures, subject to limitations [Directive on Transparent and Predictable Working Conditions]8 does not explicitly mention the right to information on algorithmic management systems and is not specific enough to address the complexity of the algorithmic management system. Therefore, this Directive aims to guarantee a collective workers’ right to information and consultation on the functioning, logic and impact of algorithmic systems on their work organisation and evaluation.

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7 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 - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).

8 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).

Or. en

Amendment 282

Johan Danielsson

Motion for a resolution

Annex I – recital 6

Motion for a resolution

Amendment

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8 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).

Or. en

Amendment 283

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 6 a (new)

Motion for a resolution

Amendment

(6a) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union (Court of Justice) for determining the status of a worker. Provided that they fulfil those criteria, workers in both the private and the public sectors, as well as domestic workers, on-demand workers, intermittent workers, voucher-based workers, platform workers, trainees, apprentices and other non-standard workers, as well as bogus self-employed and undeclared workers could fall within the scope of this Directive;

Or. en

Amendment 284

Motion for a resolution

Annex I – recital 6 a (new)

Motion for a resolution

Amendment

(6a) Article 31 of the Charter of Fundamental Rights of the European Union 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. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter prohibits discrimination.

Or. en

Amendment 285

Motion for a resolution

Annex I – recital 6 b (new)

Motion for a resolution

Amendment

(6b) The European Convention on Human Rights and International Labour Organization Conventions protect workers’ rights to privacy, non-discrimination, and freedom of association, which may be impacted by the use of algorithmic decision-making;

Or. en

Amendment 286

Angelika Winzig

Motion for a resolution

Annex I – recital 7

Motion for a resolution

Amendment

(7) There are roughly 20 million solo self-employed persons in the Union, accounting for almost 10% of workforce9 . They lack access to full social protection but are equally subject to automated decision-making, monitoring, and performance evaluation. To ensure fairness, and prevent exploitation, in all forms of modern work, the provisions of this directive should apply to solo self-employed persons.

deleted

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9 https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20200615-1?utm_source=chatgpt.com

Or. en

Amendment 287

Motion for a resolution

Annex I – recital 7

Motion for a resolution

Amendment

(7) There are about 20 million solo self-employed persons in the Union, accounting for almost 10% of the workforce9. Depending on their contractual arrangements and activities they lack access to full social protection and are subject to automated decision-making, monitoring, and performance evaluation by the procurer of the service. To ensure fairness, and prevent exploitation, in all forms of modern work, the provisions of this directive should apply to solo self-employed persons. These rights follow the Commission Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons (2022/C 374/02) that align the practice on solo self-employed with the rights of other workers.

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9 https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20200615-1?utm_source=chatgpt.com

Or. en

Amendment 288

Liesbet Sommen, Andrzej Buła

Motion for a resolution

Annex I – recital 7

Motion for a resolution

Amendment

__________________

9 https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20200615-1?utm_source=chatgpt.com

Or. en

Amendment 289

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 7 a (new)

Motion for a resolution

Amendment

(7a) According to the International Labour Organization (ILO) Workers’ Representatives Convention No 135 (1971), currently ratified by 24 Member States, worker representatives can be persons who are recognised as such under national law or practice, whether they are trade union representatives, namely representatives designated or elected by trade unions or by members of such unions, or elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned. That Convention states that, where both trade union representatives and elected representatives exist in the same undertaking, such representation is not to be used to undermine the positions of the trade unions concerned or of their representatives, and that cooperation between the elected representatives and the trade unions concerned or their representatives is to be encouraged.

Or. en

Amendment 290

Irena Joveva

Motion for a resolution

Annex I – recital 8

Motion for a resolution

Amendment

(8) This Directive should establish common Union minimum standards for the use of algorithmic management in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management tools. It will furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,

(8) This Directive should establish common Union minimum standards for the use of algorithmic management and artificial intelligence in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management and AI tools which can boost productivity and EU competitiveness. It will furthermore enhance clarity and predictability for workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic and AI-supported decision-making in employment contexts,

Or. en

Amendment 291

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – recital 8

Motion for a resolution

Amendment

(8) This Directive should establish common Union minimum standards for the use of algorithmic management in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management tools. It will furthermore enhance clarity and predictability for persons performing work, including workers and solo self-employed persons, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,

Or. en

Amendment 292

Angelika Winzig

Motion for a resolution

Annex I – recital 8

Motion for a resolution

Amendment

(8) This Directive should establish common Union minimum standards for the use of algorithmic management in the workplace, ensuring increased transparency and legal certainty across Member States. By creating a level playing field for all companies, including small and medium-sized enterprises, the directive should aim to support a fair and responsible uptake of algorithmic management tools. It will furthermore enhance clarity and predictability for workers, enriching their working experience, fostering trust in digital technologies, and helping to mitigate the potential risks associated with algorithmic decision-making in employment contexts,

Or. en

Amendment 293

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – recital 8 a (new)

Motion for a resolution

Amendment

(8a) Consent on the basis of Article 6(1)(a) of Regulation (EU) 2016/679 has to be freely given, and in situations of clear imbalance such freely given consent is highly unlikely. Consent should therefore not provide a lawful ground for processing of personal data for the purposes of automated monitoring or automated decision-making, given the imbalance of power between the data subject and the controller in the context of employment and the performance of a contract;

Or. en

Amendment 294

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 1

Motion for a resolution

Amendment

Article 1

deleted

Subject matter and scope

1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

Or. en

Amendment 295

Motion for a resolution

Annex I – Article 1 – paragraph 1

Motion for a resolution

Amendment

1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.

1. This Directive lays down minimum requirements to improve working conditions and the protection of workers’ data by promoting transparency, fairness, human oversight, safety and accountability when applying automated monitoring systems and automated decision-making systems in the workplace.

Or. en

Amendment 296

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 1 – paragraph 1

Motion for a resolution

Amendment

1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.

1. This Directive lays down minimum requirements for a transparent, safe and fair use of algorithmic management in the workplace, driven by the irrefutable “human in control” principle, including automated and semi-automated systems such as artificial intelligence.

Or. en

Amendment 297

Irena Joveva

Motion for a resolution

Annex I – Article 1 – paragraph 1

Motion for a resolution

Amendment

1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.

1. This Directive lays down minimum requirements to promote transparency, fairness, human oversight, worker participation and the protection of health, safety and fundamental rights in the use of artificial intelligence and algorithmic management in the workplace.

Or. en

Amendment 298

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 1 – paragraph 1

Motion for a resolution

Amendment

1. This Directive lays down minimum requirements for the transparent use of algorithmic management in the workplace.

1. This Directive lays down rules for the deployment and the transparent, fair and non-discriminatory use of algorithmic management in the workplace and the protection of workers in relationship to processing their personal data.

Or. en

Amendment 299

Motion for a resolution

Annex I – Article 1 – paragraph 2

Motion for a resolution

Amendment

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

2. This Directive applies to every worker, with an employment contract or employment relationship as defined by law, collective agreements or practice in a Member State, and every employer as well as solo self-employed persons and the relevant procurers of services in the single market

Or. en

Amendment 300

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 1 – paragraph 2

Motion for a resolution

Amendment

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

2. This Directive lays down minimum standards to improve working conditions, and the protection of fundamental rights, health and safety, as well as the protection of the individual and collective data of persons performing work.

Or. en

Amendment 301

Angelika Winzig

Motion for a resolution

Annex I – Article 1 – paragraph 2

Motion for a resolution

Amendment

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

2. This Directive applies to every worker and employer in the Union.

Or. en

Amendment 302

Johan Danielsson

Motion for a resolution

Annex I – Article 1 – paragraph 2

Motion for a resolution

Amendment

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

2. This Directive applies to every worker and employer in the Union.

Or. en

Amendment 303

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 1 – paragraph 2

Motion for a resolution

Amendment

2. This Directive applies to every worker and employer in the Union as well as solo self-employed persons and the relevant procurers of services.

2. This Directive applies to every worker and employer in the Union as well as to solo self-employed persons and the relevant contracting entities.

Or. en

Amendment 304

Sérgio Humberto

Motion for a resolution

Annex I – Article 1 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. The application of the provisions of this directive should be in keeping with the principle of proportionality, ensuring that the administrative and compliance burden is appropriate to the size of the company, the nature of the technologies used, and the level of risk involved, particularly with regard to micro- and small enterprises.

Or. pt

Amendment 305

Johan Danielsson

Motion for a resolution

Annex I – Article 1 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. Union law on the protection of personal data, privacy and the confidentiality of communications applies to personal data processed in connection with the rights and obligations laid down in this Directive. This Directive shall not affect Regulation (EU) 2016/679 or (EU) 2018/1725, or Directive 2002/58/EC or (EU) 2016/680.

Or. en

Amendment 306

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 1 – paragraph 2 b (new)

Motion for a resolution

Amendment

2b. This Directive applies to all workplaces, public and private, to every person performing work, including workers and solo-self-employed, and employers or relevant procurers of services in the Union.

Or. en

Amendment 307

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 2

Motion for a resolution

Amendment

For the purposes of the Directive, the following definitions apply:

deleted

1. ‘algorithmic management’ means the use of automated systems to monitor, supervise, evaluate, or make or support decisions—by electronic means—regarding the work performance and working conditions of workers including systems that process personal data to oversee activities within the work environment, as well as systems that take or support decisions significantly affecting workers or solo self-employed persons, such as the organisation of work assignments, earnings, safety and health, working time, access to training, promotion, and contractual status;

2. ‘worker’ means a person who is deemed to have an employment contract or an employment relationship as defined by the Union and national law, including collective agreements and national practice;

3. ‘solo self-employed person’ means a person who has no employment contract or employment relationship, and who relies primarily on his or her own personal labour for the provision of the services concerned;

4. ‘employer’ means the natural or legal person who is party to employment contracts or employment relationships with workers, in accordance with national law and practice;

5. ‘procurer of services’ means a natural or legal person who is party to a contractual agreement with a solo self-employed person for the provision of specific services or tasks.

Or. en

Amendment 308

Motion for a resolution

Annex I – Article 2 – point 1

Motion for a resolution

Amendment

1. ‘algorithmic management’ means automated monitoring systems and automated decision-making systems;

Or. en

Amendment 309

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 1

Motion for a resolution

Amendment

1. ‘algorithmic management’ means the use of automated monitoring systems and automated decision-making systems within the work environment;

Or. en

Amendment 310

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 –point 1

Motion for a resolution

Amendment

1. ‘algorithmic management’ means the use of automated or semi-automated systems, including artificial intelligence, to monitor, supervise, evaluate, predict or make or support decisions or recommendations—by electronic means—regarding the work performance and working conditions of workers including systems that collect or process personal and collective data to oversee activities within the work environment, as well as systems that take or support decisions significantly affecting persons performing work, such as the organisation of work assignments, earnings, safety and health, working time, access to training, promotion, and contractual status, including the recruitment and rupture of contract by any form;

Or. en

Amendment 311

Irena Joveva

Motion for a resolution

Annex I – Article 2 – point 1

Motion for a resolution

Amendment

1. ‘algorithmic management’ means the use or support of automated systems to monitor, supervise, evaluate, or make or support decisions—by electronic means—regarding the work performance of workers or solo self-employed persons or activities carried out within the work environment including by collecting personal data, as well as the use of automated systems that take or support decisions significantly affecting workers or solo self-employed persons and their working conditions, such as selection and recruitment, access to and organisation of work assignments, earnings, safety and health, working time, access to training, promotion, disciplinary measures and contractual status in particular dismissal;

Or. en

Amendment 312

Irena Joveva

Motion for a resolution

Annex I – Article 2 –point 1 a (new)

Motion for a resolution

Amendment

1a. ‘Artificial intelligence’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments;

Or. en

Amendment 313

Motion for a resolution

Annex I – Article 2 –point 1 a (new)

Motion for a resolution

Amendment

1a. ‘automated monitoring systems’ means systems which are used for or which support monitoring, supervising or evaluating, by electronic means, the recruitment, work performance of workers and solo self-employed persons; or the activities carried out within the work environment, including by collecting personal data;

Or. en

Amendment 314

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 1 a (new)

Motion for a resolution

Amendment

1a. ‘automated monitoring systems’ means systems which are used for or which support monitoring, supervising or evaluating, by electronic means, the work performance or the activities carried out within the work environment, including by collecting personal data;

Or. en

Amendment 315

Motion for a resolution

Annex I – Article 2 – point 1 b (new)

Motion for a resolution

Amendment

1b. ‘automated decision-making systems’ means systems which are used to take or support, by electronic means, decisions that significantly affect workers or solo self-employed persons including their working conditions, in particular decisions affecting their recruitment, their access to and the organisation of work assignments, their earnings, including the pricing of individual assignments, their safety and health, their working time, their access to training, their promotion or its equivalent, and their contractual status including the restriction, suspension or termination of their contractual status or their employment relationship;

Or. en

Amendment 316

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 1 b (new)

Motion for a resolution

Amendment

1b. ‘automated decision-making systems’ means systems which are used to take or support, by electronic means, decisions that affect workers and solo self-employed persons, in particular decisions affecting their recruitment, the organisation of work assignments, their earnings, their occupational health and safety, their working time, their productivity, including expected time of task completion, their access to training, their promotion or its equivalent, their contractual status and penalising decisions;

Or. en

Amendment 317

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 2

Motion for a resolution

Amendment

2. ‘worker’ means a person who has or is deemed to have an employment contract or an employment relationship as defined by Union and national law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union (Court of Justice);

Or. en

Amendment 318

Irena Joveva

Motion for a resolution

Annex I – Article 2 – point 2

Motion for a resolution

Amendment

2. ‘worker’ means a person who has or is deemed to have an employment contract or an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;

Or. en

Amendment 319

Motion for a resolution

Annex I – Article 2 – point 2

Motion for a resolution

Amendment

2. ‘worker’ means any person who has or is deemed to have an employment contract or an employment relationship as defined by law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice;

Or. en

Amendment 320

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 2

Motion for a resolution

Amendment

2. ‘worker’ means a person who is deemed to have an employment contract or an employment relationship, under public or private law, as defined by the Union and national law, including collective agreements and national practice;

Or. en

Amendment 321

Angelika Winzig

Motion for a resolution

Annex I – Article 2 – point 3

Motion for a resolution

Amendment

deleted

Or. en

Amendment 322

Motion for a resolution

Annex I – Article 2 – point 4

Motion for a resolution

Amendment

4. ‘employer’ means the natural or legal person who is party to employment contracts or employment relationships with workers, in accordance with national law and practice;

4. ‘employer’ means the natural or legal person who is party to an employment contract or an employment relationship with a worker, in accordance with national law and practice;

Or. en

Amendment 323

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 4

Motion for a resolution

Amendment

4. ‘employer’ means the natural or legal person who is party to employment contracts or employment relationships with workers, in accordance with national law and practice;

4. ‘employer’ means any natural or legal person who has or is deemed to have an employment relationships with the worker and has responsibility for the undertaking and/or establishment;

Or. en

Amendment 324

Irena Joveva

Motion for a resolution

Annex I – Article 2 – point 4 a (new)

Motion for a resolution

Amendment

4a. ‘workers’ representatives’ means the workers’ representatives provided for by national law and/or practice;

Or. en

Amendment 325

Irena Joveva

Motion for a resolution

Annex I – Article 2 – point 4 b (new)

Motion for a resolution

Amendment

4b. ‘workplace’ means physical or virtual public and private spaces where natural persons participate in selection and recruitment processes or engage in tasks and responsibilities assigned by their employer or, in the case of self-employment, by the organisation they are affiliated to including places where the worker is paid, takes a rest break or a meal, uses sanitary, washing and changing facilities, work-related trips, travel, training or events, work-related communications including those enabled by information and communication technologies and employer-provided accommodation;

Or. en

Amendment 326

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 –point 5

Motion for a resolution

Amendment

5. ‘procurer of services’ means a natural or legal person who is party to a contractual agreement with a solo self-employed person for the provision of specific services or tasks.

deleted

Or. en

Amendment 327

Angelika Winzig

Motion for a resolution

Annex I – Article 2 – point 5

Motion for a resolution

Amendment

5. ‘procurer of services’ means a natural or legal person who is party to a contractual agreement with a solo self-employed person for the provision of specific services or tasks.

deleted

Or. en

Amendment 328

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 a (new)

Motion for a resolution

Amendment

5a. ‘person performing work’ means an individual performing work and who relies primarily on his or her own personal labour for the provision of the services concerned, irrespective of the nature of the contractual relationship or the designation of that relationship by the parties involved, including workers and solo-self-employed persons.

Or. en

Amendment 329

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 – point 5 a (new)

Motion for a resolution

Amendment

5a. 'workers' representatives' mean representatives of workers, such as recognised trade unions and representatives who are freely elected or who are designated by the workers in accordance with national law and practice

Or. en

Amendment 330

Motion for a resolution

Annex I – Article 2 – point 5 a (new)

Motion for a resolution

Amendment

5a. ‘workers’ representatives’ means representatives of workers, such as trade unions and representatives who are freely elected by the workers in accordance with national law and practice.

Or. en

Amendment 331

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 b (new)

Motion for a resolution

Amendment

5b. ‘workers’ representatives’ means representatives of workers, such as trade unions and representatives who are freely elected by the workers in accordance with national law and practice.

Or. en

Amendment 332

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 c (new)

Motion for a resolution

Amendment

5c. ‘Artificial Intelligence (AI) system’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments;

Or. en

Amendment 333

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 d (new)

Motion for a resolution

Amendment

5d. ‘behaviour’ means activities of a person performing work in response to external or internal stimuli, including objectively observable activities, introspectively observable activities, and nonconscious processes.

Or. en

Amendment 334

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 e (new)

Motion for a resolution

Amendment

5e. ‘‘human in control’ principle’ means that in any system involving automation, semi-automation or artificial intelligence, humans must retain the ultimate authority and oversight over decision-making processes, in order to ensure that systems support human judgment rather than replace or override it, maintaining accountability, ethical considerations, and safety.

Or. en

Amendment 335

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 f (new)

Motion for a resolution

Amendment

5f. ‘human oversight’ means the process to prevent or minimise, through the ‘human in control’ principle, the risks to health, safety or fundamental rights that may emerge from the use of algorithmic management systems, in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular where such risks persist despite the application of other requirements to prevent them.

Or. en

Amendment 336

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 2 – point 5 g (new)

Motion for a resolution

Amendment

5g. ‘collective data’ in the workplace means data aggregated from a group of persons performing work, which it represents patterns, behaviours, or characteristics analysed at a group level.

Or. en

Amendment 337

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 2 a (new)

Motion for a resolution

Amendment

Article2a

Intermediaries

Member States shall take appropriate measures to ensure that workers and solo self-employed persons who have a contractual relationship with an intermediary enjoy the same level of protection pursuant to this Directive as those who have a direct contractual relationship with an employer or contracting entity. To that end, Member States shall take measures, in accordance with national law and practice, to establish appropriate mechanisms, which shall include, where appropriate, joint and several liability systems.

Or. en

Amendment 338

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 3

Motion for a resolution

Amendment

Article 3

deleted

Transparency and right to information

1. Member States shall ensure that employers and procurer of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract, and their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.

2. The information referred to in paragraph 1 shall include:

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;

(b) the categories of data collected and processed by such systems in relation to the workers or solo self-employed persons, including their behaviour and performance-related data, as well as the types of actions or activities monitored;

(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.

3. The information referred to in paragraph 1 shall be provided at the following times:

(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;

(b) before the introduction of changes substantially affecting working conditions, the organisation of work or monitoring and evaluating work performance;

4. The information referred to in paragraph 1 shall be provided in a clear and easily understandable manner. Member States shall ensure that employers and procurer of services provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons to understand, and that it avoids the use of unnecessarily technical or complex language.

Member States shall ensure that the information referred to in paragraph 1 is provided in formats accessible to people with disabilities.

5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.

Or. en

Amendment 339

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – title

Motion for a resolution

Amendment

Transparency and right to information

Transparency

Or. en

Amendment 340

Motion for a resolution

Annex I – Article 3 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurers of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract or an employment relationship, as well as workers’ representatives and, upon request, national competent authorities, with the necessary information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.

Or. en

Amendment 341

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers provide, respectively, their workers, and/or their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.

Or. en

Amendment 342

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurers of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract, or any person performing work, and their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management in the workplace.

Or. en

Amendment 343

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurers of services provide, respectively, their workers and the solo self-employed persons with whom they have a contract, and their representatives, with information, in writing, concerning the use or planned use of systems for algorithmic management or artificial intelligence in the workplace.

Or. en

Amendment 344

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall require employers and contracting entities, respectively, to inform their workers and the solo self-employed persons with whom they have a contract, and their representatives and, upon request national competent authorities , in writing, about the use or planned use of systems for algorithmic management in the workplace.

Or. en

Amendment 345

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – introductory part

Motion for a resolution

Amendment

2. The information referred to in paragraph 1 shall include:

2. The information referred to in paragraph 1 shall concern:

Or. en

Amendment 346

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point a

Motion for a resolution

Amendment

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a detailed description of their model and purpose, including information on the developer and deployer and the assessed impacts on persons performing work;

Or. en

Amendment 347

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point a

Motion for a resolution

Amendment

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose, the work processes and the workers affected.

Or. en

Amendment 348

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point a

Motion for a resolution

Amendment

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;

(a) a clear statement that algorithmic management or artificial intelligence systems are in use or intend to be introduced, including a general description of their purpose and functioning;

Or. en

Amendment 349

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point a

Motion for a resolution

Amendment

(a) a clear statement that algorithmic management systems are in use or intend to be introduced, including a general description of their purpose;

(a) a clear statement that algorithmic management systems are in use or intend to be introduced;

Or. en

Amendment 350

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b

Motion for a resolution

Amendment

Or. en

Amendment 351

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b

Motion for a resolution

Amendment

Or. en

Amendment 352

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b

Motion for a resolution

Amendment

(b) the categories of data collected and processed by such systems in relation to the persons performing work, including their behaviour and performance-related personal and collective data, as well as the types of actions or activities monitored;

Or. en

Amendment 353

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b

Motion for a resolution

Amendment

(b) the categories of data collected and processed by such systems in relation to the workers, including their behaviour and performance-related data, as well as the types of actions or activities monitored;

Or. en

Amendment 354

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b a (new)

Motion for a resolution

Amendment

(ba) the purpose of the data collected in relation to automated monitoring and automated decision making and how the system is to carry this out;

Or. en

Amendment 355

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b b (new)

Motion for a resolution

Amendment

(bb) the categories of decisions that are taken or supported by such systems;

Or. en

Amendment 356

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b c (new)

Motion for a resolution

Amendment

(bc) the categories of data and the main parameters that such systems taken into account as grounds for decisions and the relative importance of those main parameters in the automated decision-making, including the way in which the personal data or behaviour of the person performing platform work influence the decisions;

Or. en

Amendment 357

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point b d (new)

Motion for a resolution

Amendment

(bd) the recipients or categories of recipients of the personal data processed by such systems and any transmission or transfer of such personal data, including within a group of undertakings;

Or. en

Amendment 358

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c

Motion for a resolution

Amendment

(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.

deleted

Or. en

Amendment 359

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c

Motion for a resolution

Amendment

(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.

(c) a clear indication of whether the data collected is used to carry out or support automated decision-making, and, where applicable, a description of the nature and scope of such decisions in particular the potential impact on working conditions, scheduling, pay and performance evaluation.

Or. en

Amendment 360

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c

Motion for a resolution

Amendment

(c) a clear indication of whether the data collected is used to carry out automated decision-making, and, where applicable, a description of the nature and scope of such decisions.

(c) a clear indication of whether the data collected is used to carry out automated or semi-automated decision-making, and, where applicable, a description of the nature and scope of such decisions.

Or. en

Amendment 361

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c a (new)

Motion for a resolution

Amendment

(ca) a clear indication of the impact of algorithmic management in the work organisation.

Or. en

Amendment 362

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c a (new)

Motion for a resolution

Amendment

(ca) within an adequate time frame for workers to secure access to expertise where necessary

Or. en

Amendment 363

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c a (new)

Motion for a resolution

Amendment

(ca) the aim of monitoring and how the system is to carry out that monitoring;

Or. en

Amendment 364

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c a (new)

Motion for a resolution

Amendment

(ca) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

Or. en

Amendment 365

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c b (new)

Motion for a resolution

Amendment

(cb) the grounds for decisions to restrict, suspend or terminate the employment of a worker, to refuse the payment for work performed by them, as well as for decisions on their contractual status or any decision of equivalent or detrimental effect;

Or. en

Amendment 366

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c b (new)

Motion for a resolution

Amendment

(cb) effects on occupational health and safety;

Or. en

Amendment 367

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c c (new)

Motion for a resolution

Amendment

(cc) the impact of such systems on the design and management of work organisation.

Or. en

Amendment 368

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c c (new)

Motion for a resolution

Amendment

(cc) measures in place to detect and mitigate bias or discriminatory outcome;

Or. en

Amendment 369

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c d (new)

Motion for a resolution

Amendment

(cd) human oversight mechanisms;

Or. en

Amendment 370

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 2 – point c e (new)

Motion for a resolution

Amendment

(ce) training and support measures for the workers affected

Or. en

Amendment 371

Motion for a resolution

Annex I – Article 3 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. Employers and procurers of services shall provide workers’ representatives and national competent authorities, in a comprehensive and detailed form, with the information referred to in paragraph 1 with regard to all relevant systems and their features.

Or. en

Amendment 372

Motion for a resolution

Annex I – Article 3 – paragraph 2 b (new)

Motion for a resolution

Amendment

2b. The processing of personal data by an employer or procurer of services by means of algorithmic management systems is a type of processing which is likely to result in a high risk to the rights and freedoms of natural persons within the meaning of Article 35(1) of Regulation (EU) 2016/679. When carrying out, pursuant to that provision, the assessment of the impact of the processing of personal data by algorithmic management systems on the protection of personal data of workers and solo self-employed persons, including on the limitations of processing pursuant to Article 5 of this Directive, employers and procurers of services, acting as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679, shall seek the views of workers and their representatives.

Or. en

Amendment 373

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 – introductory part

Motion for a resolution

Amendment

3. The information referred to in paragraph 1 shall be provided at the following times:

3. Workers and solo self-employed persons shall be provided, in concise form, with the information referred to in paragraph 1 with regard to the systems and their features that directly affect them, including, where applicable, their working conditions

Or. en

Amendment 374

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 3 – introductory part

Motion for a resolution

Amendment

3. The information referred to in paragraph 1 shall be provided at the following times:

3. The information referred to in paragraph 1 shall be provided, through the process of information and consultation of workers representatives, at the following times:

Or. en

Amendment 375

Motion for a resolution

Annex I – Article 3 – paragraph 3 – introductory part

Motion for a resolution

Amendment

3. The information referred to in paragraph 1 shall be provided at the following times:

3. The information referred to in paragraph 1 shall be provided with the involvement of workers’ representatives at the following times:

Or. en

Amendment 376

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point a

Motion for a resolution

Amendment

(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;

(a) at the latest on the first working day;

Or. en

Amendment 377

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point a

Motion for a resolution

Amendment

(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;

(a) on or before the first working day to workers;

Or. en

Amendment 378

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point a

Motion for a resolution

Amendment

(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons;

(a) on or before the first working day to workers and on the first day of the contract to the solo self-employed persons or person performing work;

Or. en

Amendment 379

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point b

Motion for a resolution

Amendment

(b) before the introduction of changes substantially affecting working conditions, the organisation of work or monitoring and evaluating work performance;

(b) prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance; and

Or. en

Amendment 380

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point b

Motion for a resolution

Amendment

(b) before the introduction of changes substantially affecting working conditions, the organisation of work or monitoring and evaluating work performance;

(b) before the introduction of changes affecting working conditions, the organisation of work or monitoring and evaluating work performance;

Or. en

Amendment 381

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point c

Motion for a resolution

Amendment

deleted

Or. en

Amendment 382

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point c

Motion for a resolution

Amendment

Or. en

Amendment 383

Isabelle Le Callennec

Motion for a resolution

Annex I – Article 3 – paragraph 3 – point c

Motion for a resolution

Amendment

Or. en

Amendment 384

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 a (new)

Motion for a resolution

Amendment

3a. Upon the request of the worker or solo self-employed person, digital labour platforms shall also provide them, in a comprehensive and detailed form, with the information referred to in paragraph 1 with regard to all relevant systems and their features.

Or. en

Amendment 385

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 b (new)

Motion for a resolution

Amendment

3b. Workers’ representatives shall be provided, in a comprehensive and detailed form, with the information referred to in paragraph 1 with regard to all relevant systems and their features:

(a) prior to the use of those systems,

(b) prior to the introduction of changes affecting working conditions, the organisation of work or monitoring work performance; and

National competent authorities can request, in a comprehensive and detailed form, the information referred to in paragraph 1 at any time upon their request.

Or. en

Amendment 386

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 c (new)

Motion for a resolution

Amendment

3c. If the information received is inaccurate or incomplete, workers or solo self-employed persons, personally or through their workers’ representatives, or workers’ representatives or competent national authorities respectively shall have the right to request additional and reasonable clarifications and details regarding any of the data provided and receive a substantiated reply.

Or. en

Amendment 387

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 3 d (new)

Motion for a resolution

Amendment

3d. Persons undergoing a recruitment or selection procedure shall receive relevant information referred in paragraph 1. The information shall be concise, shall concern only the automated monitoring systems or automated decision-making systems used in that procedure, and shall be provided before the start of the recruitment or selection procedure.

Or. en

Amendment 388

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 4 – subparagraph 1

Motion for a resolution

Amendment

The information referred to in paragraph 1 shall be provided in a clear and easily understandable manner. Member States shall ensure that employers and procurer of services provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the persons performing work to understand, and that it avoids the use of unnecessarily technical or complex language. Nevertheless, any technical and complex detail must be available to the persons performing work or their representatives upon their request. Employers and procurers of services shall provide information on the model of algorithmic management used, the provider of the model and the specific goals assigned to the model in the workplace in relation to the persons performing work, by the deployer as well as the employer.

Or. en

Amendment 389

Motion for a resolution

Annex I – Article 3 – paragraph 4 – subparagraph 1

Motion for a resolution

Amendment

The information referred to in paragraph 1 shall be provided in the form of a written document, which may be in electronic form. The information shall be presented in a transparent, intelligible and easily accessible form, using clear and plain language, with provisions made for access to expertise where deemed necessary. Member States shall ensure that employers and procurer of services provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons to understand, and that it avoids the use of unnecessarily technical or complex language.

Or. en

Amendment 390

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 4 – subparagraph 1

Motion for a resolution

Amendment

The information referred to in paragraph 1 shall be presented in a transparent, intelligible and easily accessible form, using clear and plain language and that is adapted to the level of digital literacy reasonably expected of the workers or solo self-employed persons to understand.

Or. en

Amendment 391

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 4 – subparagraph 1

Motion for a resolution

Amendment

The information referred to in paragraph 1 shall be provided in a clear and easily understandable manner. Member States shall ensure that employers provide the information in a manner that is adapted to the level of digital literacy reasonably expected of the workers to understand, and that it avoids the use of unnecessarily technical or complex language.

Or. en

Amendment 392

Motion for a resolution

Annex I – Article 3 – paragraph 4 a (new)

Motion for a resolution

Amendment

4a. Employers and procurers of services shall provide the information referred to in paragraph 1 to persons undergoing a recruitment or selection procedure. The information shall be provided in accordance with paragraph 4, shall be concise, shall concern only the algorithmic management systems used in that procedure, and shall be provided before the start of the recruitment or selection procedure.

Or. en

Amendment 393

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 4 a (new)

Motion for a resolution

Amendment

4a. The information shall be provided and transmitted on paper or, provided that the information is accessible to the worker, that it can be stored and printed, and that the employer retains proof of transmission or receipt, in electronic form.

Or. en

Amendment 394

Motion for a resolution

Annex I – Article 3 – paragraph 4 b (new)

Motion for a resolution

Amendment

4b. Workers and solo self-employed persons shall have the right to the portability of personal data generated through their performance of work in the context of algorithmic management, including ratings and reviews, without adversely affecting the rights of the procurer of the service under Regulation (EU) 2016/679.

Or. en

Amendment 395

Motion for a resolution

Annex I – Article 3 – paragraph 4 c (new)

Motion for a resolution

Amendment

4c. The employer or procurer of services shall provide workers, free of charge, with tools to facilitate the effective exercise of their portability rights referred to in Article 20 of Regulation (EU) 2016/679 and in the first subparagraph of this paragraph. Where the worker or solo self-employed person so requests, the employer or procurer of services shall transmit such personal data directly to a third party.

Or. en

Amendment 396

Evelyn Regner, Marc Angel

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

deleted

Or. en

Amendment 397

Angelika Winzig

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker.

Or. en

Amendment 398

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

5. Workers and solo self-employed persons work shall have the right to regular access, upon their request, to personal data generated through their performance of work in the context of algorithmic management, as well as the portability of these data, without adversely affecting the rights of the recipient of the service under Regulation (EU) 2016/679.

Or. en

Amendment 399

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

5. The provision of information pursuant to this Article shall be proportional to what is impacting the missions, the organisation, the remuneration, the evaluation of the persons performing work to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.

Or. en

Amendment 400

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

5. The provision of information pursuant to this Article shall be limited to what is strictly necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic or artificial intelligence systems influence decisions affecting them, and to exercise their rights.

Or. en

Amendment 401

Marc Angel, Nora Mebarek, Vilija Blinkevičiūtė, Alicia Homs Ginel, Isilda Gomes, Gabriele Bischoff, Idoia Mendia, Marianne Vind, Alex Agius Saliba, Romana Jerković, Estelle Ceulemans

Motion for a resolution

Annex I – Article 3 – paragraph 5

Motion for a resolution

Amendment

5. The provision of information pursuant to this Article may be limited to what is necessary for the worker or solo self-employed person to carry out their work, to understand how algorithmic systems influence decisions affecting them, and to exercise their rights.

Or. en

Amendment 402

Georgiana Teodorescu

Motion for a resolution

Annex I – Article 3 – paragraph 5 a (new)

Motion for a resolution

Amendment

5a. The European Commission shall make sure that when an AI system is partially or entirely used in the process of work of an employee or of a solo self-employed person in the generation of any type of content, be it synthetic, audio, image, video, text content or a software product, that the outputs of that AI system are marked in an easily readable format and detectable as entirely or partially artificially generated or manipulated and that this marking is also guaranteed by the employer using that AI system;

Or. en

Amendment 403

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 3 – paragraph 5 a (new)

Motion for a resolution

Amendment

5a. Workers and solo self-employed persons work shall be provided, free of charge, with tools to facilitate the effective exercise of their data access rights and their portability rights referred to in Article 20 of Regulation (EU) 2016/679 and in the first subparagraph of this paragraph. Where the worker or solo self-employed person wishes so, such personal data shall be transmitted directly to a third party.

Or. en

Amendment 404

Irena Joveva

Motion for a resolution

Annex I – Article 3 – paragraph 5 a (new)

Motion for a resolution

Amendment

5a. Workers and solo self-employed persons shall have the right to access the data used to evaluate their performance, determine the organisation of work assignments, working time scheduling, remuneration and any disciplinary measures.

Or. en

Amendment 405

Marlena Maląg

Motion for a resolution

Annex I – Article 4

Motion for a resolution

Amendment

Article 4

deleted

Consultation

2. Such consultation shall include:

(a) the objectives behind the deployment or update and the work processes and the workers affected;

(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

(d) types of data collected;

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(f) human oversight mechanisms;

(g) training and support measures for the workers affected and solo self-employed persons affected.

Or. pl

Amendment 406

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 4

Motion for a resolution

Amendment

Article 4

deleted

Consultation

2. Such consultation shall include:

(a) the objectives behind the deployment or update and the work processes and the workers affected;

(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

(d) types of data collected;

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(f) human oversight mechanisms;

(g) training and support measures for the workers affected and solo self-employed persons affected.

Or. en

Amendment 407

Angelika Winzig

Motion for a resolution

Annex I – Article 4

Motion for a resolution

Amendment

Article 4

deleted

Consultation

2. Such consultation shall include:

(a) the objectives behind the deployment or update and the work processes and the workers affected;

(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

(d) types of data collected;

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(f) human oversight mechanisms;

(g) training and support measures for the workers affected and solo self-employed persons affected.

Or. en

Amendment 408

Motion for a resolution

Annex I – Article 4 – title

Motion for a resolution

Amendment

Consultation

Consultation and participation

Or. en

Amendment 409

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – title

Motion for a resolution

Amendment

Consultation

Information and Consultation

Or. en

Amendment 410

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

____________________

1a Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 122, 16.5.2009, p. 28)

Or. en

Amendment 411

Johan Danielsson

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that the deployment of new systems of algorithmic management, or such updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC. This Directive is without prejudice to Union and national provisions on information and consultation. For the purposes of this Directive, information and consultation of workers’ representatives shall be carried out under the same arrangements concerning the exercise of information and consultation rights as those laid down in Directive 2002/14/EC.

Or. en

Amendment 412

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

1. This Directive is without prejudice to Directive 89/391/EEC as regards information and consultation and to Directives 2002/14/EC or 2009/38/EC of the European Parliament and of the Council.

Or. en

Amendment 413

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that the deployment of new systems of algorithmic management or artificial intelligence, or such updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.

Or. en

Amendment 414

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that the deployment of new systems of algorithmic management, or such updates to existing systems, which affect workers' remuneration, evaluation, working arrangements and organisation, or working time, are deemed to be decisions leading to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.

Or. en

Amendment 415

Liesbet Sommen, Andrzej Buła

Motion for a resolution

Annex I – Article 4 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that the deployment and use of new systems of algorithmic management, or such updates to existing systems, which directly affect workers' remuneration, working arrangements, or working time, are deemed to be decisions likely to lead to substantial changes in work organisation or in contractual relations and as such are subject to consultation pursuant to Article 4(2), point (c), of Directive 2002/14/EC.

Or. en

Amendment 416

Leila Chaibi, Anthony Smith

Motion for a resolution

Annex I – Article 4 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Member States shall therefore, without prejudice to the autonomy of the social partners and taking into account the diversity of national practices, take adequate measures to promote the role of the social partners and encourage the exercise of the right to collective bargaining on the use of algorithmic management in the workplace, specifically from the beginning of the process, and through the life cycle of the algorithmic management systems used. To achieve this goal, Member States shall ensure that mechanisms are put in place where employers, workers, and workers’ representatives have a dialogue on the introduction and use of algorithmic management at the workplace.

Or. en

Amendment 417

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Member States shall ensure that information and consultation, as defined in Article 2, points (f) and (g), of Directive 2002/14/EC, of workers’ representatives also covers decisions likely to lead to the introduction of or to substantial changes in the use of automated monitoring systems or automated decision-making systems. For the purposes of this paragraph, information and consultation of workers’ representatives shall be carried out under the same arrangements concerning the exercise of information and consultation rights as those laid down in Directive 2002/14/EC.

Or. en

Amendment 418

Johan Danielsson

Motion for a resolution

Annex I – Article 4 – paragraph 2 – introductory part

Motion for a resolution

Amendment

2. Such consultation shall include:

2. Such consultation shall include but not be limited to:

Or. en

Amendment 419

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 – introductory part

Motion for a resolution

Amendment

2. Such consultation shall include:

2. Such consultation shall include inter alia:

Or. en

Amendment 420

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 – introductory part

Motion for a resolution

Amendment

2. Such consultation shall include:

2. Such consultation shall include inter alia:

Or. en

Amendment 421

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point b

Motion for a resolution

Amendment

(b) changes in workload, work intensity, scheduling, working time, flexibility, or job content;

(b) changes in particular in workload, work intensity, scheduling, working time, flexibility, or job content;

Or. en

Amendment 422

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point b a (new)

Motion for a resolution

Amendment

(ba) changes impacting workers’ remuneration or contractual relations;

Or. en

Amendment 423

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point c

Motion for a resolution

Amendment

Or. en

Amendment 424

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point c a (new)

Motion for a resolution

Amendment

(ca) impact on jobs and skills;

Or. en

Amendment 425

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point d

Motion for a resolution

Amendment

(d) types of data collected;

(d) the categories of data collected and processed, and the purpose thereof

Or. en

Amendment 426

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point d

Motion for a resolution

Amendment

(d) types of data collected;

(d) types of data collected as well as their processing;

Or. en

Amendment 427

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point d a (new)

Motion for a resolution

Amendment

(da) the categories of decisions that are taken or supported by such systems

Or. en

Amendment 428

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point d b (new)

Motion for a resolution

Amendment

(db) the main parameters taken into account as grounds for decisions and the extent to which automated decision making systems have impact on decisions that are taken.

Or. en

Amendment 429

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point e

Motion for a resolution

Amendment

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(e) safeguards and measures in place to detect, mitigate and correct bias or discriminatory outcome;

Or. en

Amendment 430

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point e

Motion for a resolution

Amendment

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(e) measures in place to detect, prevent and mitigate bias or discriminatory outcomes;

Or. en

Amendment 431

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point f

Motion for a resolution

Amendment

(f) human oversight mechanisms;

(f) human oversight mechanisms aiming at preventing or minimising the risks to health, safety or fundamental rights that may emerge from the use of algorithmic management systems;

Or. en

Amendment 432

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point f

Motion for a resolution

Amendment

(f) human oversight mechanisms;

(f) human oversight and review mechanisms;

Or. en

Amendment 433

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point g

Motion for a resolution

Amendment

(g) training and support measures for the workers affected and solo self-employed persons affected.

(g) training and support measures for the workers and solo self-employed persons affected and the managers deploying and using such systems.

Or. en

Amendment 434

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 2 – point g

Motion for a resolution

Amendment

(g) training and support measures for the workers affected and solo self-employed persons affected.

(g) training and support measures for the persons performing work affected.

Or. en

Amendment 435

Leila Chaibi, Anthony Smith

Motion for a resolution

Annex I – Article 4 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. Members States shall ensure that decisions on adopting any new AI or algorithmic management tool in the workplace are to be decided through a fair codetermination, allowing parties to object to any new deployment if there is a justifiable risk for workers’ rights, if it exhibits systemic biases or faults or threat to the mental or physical well-being of persons performing work or to health and safety at the workplace.

Or. en

Amendment 436

Motion for a resolution

Annex I – Article 4 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. Member States shall ensure that information and consultation, as defined in Article 2, points (f) and (g), of Directive 2002/14/EC, of workers’ representatives by employers also covers decisions likely to lead to the introduction of or to substantial changes in the use of algorithmic management. The workers’ representatives may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where an employer or procurer of services has more than 250 workers in the Member State concerned, the expenses of the expert shall be borne by the employer or procurer of services, provided that they are proportionate. Member States may determine the frequency of requests for an expert, while ensuring the effectiveness of the assistance

Or. en

Amendment 437

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 4 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. The workers’ representatives may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where an employer has more than 250 workers in the Member State concerned, the expenses of the expert shall be borne by the employer, provided that they are proportionate. Member States may determine the frequency of requests for an expert, while ensuring the effectiveness of the assistance.

Or. en

Amendment 438

Irena Joveva

Motion for a resolution

Annex I – Article 4 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. This Directive is without prejudice to Directive 89/391/EEC as regards information and consultation and to Directives 2002/14/EC or 2009/38/EC of the European Parliament and of the Council.

Or. en

Amendment 439

Leila Chaibi, Anthony Smith

Motion for a resolution

Annex I – Article 4 – paragraph 2 b (new)

Motion for a resolution

Amendment

2b. Necessary investments for these needs should be presented and discussed with workers representatives, along with any other material change in work organisation or working practices. The introduction of algorithmic management systems in companies and other organisations should be part of collective bargaining at sectoral and company levels. Collective agreements should also address workers in SMEs which might not have workers representatives.

Or. en

Amendment 440

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 2 c (new)

Motion for a resolution

Amendment

2c. Companies wishing to implement algorithmic management tools must carry out impact assessments, before the implementation of changes, and on a proportionate regular basis throughout the algorithm life cycle.

Or. en

Amendment 441

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 4 – paragraph 2 d (new)

Motion for a resolution

Amendment

2d. Representatives of persons performing work have the right to seek independent expert advice to examine the matter that is the subject of information and consultation to formulate their decision.

Or. en

Amendment 442

Marlena Maląg

Motion for a resolution

Annex I – Article 4 a (new)

Motion for a resolution

Amendment

Article 4a

Information and consultation

1. This Directive shall be without prejudice to Directive 89/391/EEC as regards information and consultation and to Directive 2002/14/EC and Directive 2009/38/EC of the European Parliament and of the Council (18).

2. Member States shall ensure that the information and consultation defined in Article 2(f) and (g) of Directive 2002/14/EC, which are undertaken by employers vis-à-vis workers’ representatives, also cover decisions that may lead to the introduction of automated monitoring systems or automated decision-making systems, or to significant changes in their use. For the purposes of this paragraph, the information and consultation of workers’ representatives shall take place on the basis of the same principles on the exercise of the rights to information and consultation as those laid down in Directive 2002/14/EC.

3. The workers’ representatives may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of the information and consultation and to formulate an opinion.

4. Consultation may include:

(a) the objectives behind the deployment or update and the work processes and the workers affected;

(b) changes in workload, work intensity, scheduling, working time, flexibility or job content;

(d) types of data collected;

(e) measures in place to detect and mitigate bias or discriminatory outcome;

(f) human oversight mechanisms;

(g) training and support measures for the workers affected and solo self-employed persons affected.

Or. pl

Amendment 443

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 5

Motion for a resolution

Amendment

Article 5

deleted

Prohibited practices

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

(a) the emotional or psychological state of workers or solo self-employed persons;

(b) neurosurveillance;

(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

(e) the prediction of the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter of Fundamental Rights of the European Union;

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

2. Nothing in this Directive shall be interpreted as permitting practices that are otherwise prohibited under the Regulation (EU) 2016/679 or Regulation (EU) 2024/1689 of the European Parliament and of the Council10 .

__________________

10 Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (Text with EEA relevance) PE/24/2024/REV/1 (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).

Or. en

Amendment 444

Angelika Winzig

Motion for a resolution

Annex I – Article 5

Motion for a resolution

Amendment

Article 5

deleted

Prohibited practices

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

(a) the emotional or psychological state of workers or solo self-employed persons;

(b) neurosurveillance;

(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

__________________

Or. en

Amendment 445

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – title

Motion for a resolution

Amendment

Prohibited practices

Limitations on the processing of personal data

Or. en

Amendment 446

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

1. Employers and contracting entities shall use the least intrusive means when collecting and processing data for the purpose of algorithmic management.

Personal data shall only be processed for the purpose of algorithmic management if and to the extent that processing is at least necessary for performance of the contract, compliance with a legal obligation to which the controller is subject, in order to protect the vital interests of the data subject or of another natural person or the performance of a task carried out in the public interest as provided for in Article 6(b), (c), (d) and (e) of Regulation (EU) 2016/679.

Employers and contracting entities shall not :

Or. en

Amendment 447

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

1. Member States shall ensure that employers and procurer of services are prohibited from the processing or sale of personal data collected by means of algorithmic management or artificial intelligence concerning:

Or. en

Amendment 448

Motion for a resolution

Annex I – Article 5 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

1. Member States shall ensure that employers and procurer of services are prohibited from collecting, storing, monitoring and processing personal data concerning:

Or. en

Amendment 449

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 5 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal and collective data concerning:

Or. en

Amendment 450

Marlena Maląg

Motion for a resolution

Annex I – Article 5 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services are prohibited from processing personal data concerning:

1. Member States shall ensure that employers and procurers of services are prohibited from collecting and processing personal data concerning:

Or. pl

Amendment 451

Evelyn Regner, Marc Angel

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) the emotional or psychological state of workers or solo self-employed persons;

(a) the emotional or psychological state of workers or solo self-employed persons except where the use of AI systems is intended for medical or safety reasons and has been agreed with workers or their representatives;

Or. en

Amendment 452

Marc Angel, Nora Mebarek, Vilija Blinkevičiūtė, Alicia Homs Ginel, Isilda Gomes, Gabriele Bischoff, Idoia Mendia, Marianne Vind, Alex Agius Saliba, Romana Jerković, Estelle Ceulemans

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) the emotional or psychological state of workers or solo self-employed persons;

(a) the emotional or psychological state of workers or solo self-employed persons except where the use of the AI systems is intended to be used for medical or safety reasons;

Or. en

Amendment 453

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) the emotional or psychological state of workers or solo self-employed persons;

(a) process any personal data on the emotional or psychological state of workers or solo self-employed persons

Or. en

Amendment 454

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) the emotional or psychological state of workers or solo self-employed persons;

(a) the emotional or psychological state of persons performing work;

Or. en

Amendment 455

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point b

Motion for a resolution

Amendment

(b) neurosurveillance;

(b) process any personal data on the cognitive activity of workers or solo self-employed persons;

Or. en

Amendment 456

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point b

Motion for a resolution

Amendment

(b) neurosurveillance;

(b) neurosurveillance and biometric surveillance;

Or. en

Amendment 457

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point b

Motion for a resolution

Amendment

(b) neurosurveillance;

(b) neurosurveillance and biometric data;

Or. en

Amendment 458

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point c

Motion for a resolution

Amendment

(c) process any personal data in relation to private conversations, including with other workers, solo self-employed persons and workers’ representatives;

Or. en

Amendment 459

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point c

Motion for a resolution

Amendment

(c) private conversations, phone calls, emails and instant messages between workers including conversations with workers’ representatives;

Or. en

Amendment 460

Georgiana Teodorescu

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point c

Motion for a resolution

Amendment

(c) private conversations, except where access could be justified by a legitimate interest in accordance with Regulation (EU) 2016/679;

Or. en

Amendment 461

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point c

Motion for a resolution

Amendment

Or. en

Amendment 462

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point d

Motion for a resolution

Amendment

(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

(d) the behaviour of workers or solo self-employed persons while that person is not offering or performing work;

Or. en

Amendment 463

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point d

Motion for a resolution

Amendment

(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

(d) the behaviour of persons performing work while off-duty or in private spaces;

Or. en

Amendment 464

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point d

Motion for a resolution

Amendment

(d) the behaviour of workers or solo self-employed persons while off-duty or in private rooms;

(d) collect any personal data on workers or self-employed persons while not working ;

Or. en

Amendment 465

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point d a (new)

Motion for a resolution

Amendment

(da) covert surveillance in the workplace;

Or. en

Amendment 466

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point d b (new)

Motion for a resolution

Amendment

(db) continuous and intrusive monitoring which is not reasonable, necessary and proportionate to achieve a pre-defined legitimate objective in particular:

i. webcam and CCTV surveillance, keystroke and mouse tracking, web browsing, app usage, screen recording or vehicle, GPS and mobile device tracking without demonstrated necessity;

ii. real-time geolocation tracking outside working hours or beyond what is strictly necessary for task execution;

iii. collection of physiological, financial or medical data;

Or. en

Amendment 467

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point e

Motion for a resolution

Amendment

(e) the prediction of the exercise of fundamental rights, through individual and collective data, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter of Fundamental Rights of the European Union;

Or. en

Amendment 468

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point e

Motion for a resolution

Amendment

(e) process any personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter of Fundamental Rights of the European Union;

Or. en

Amendment 469

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f

Motion for a resolution

Amendment

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, trade union membership, sex life, sexual orientation, gender identity, gender expression or sex characteristics.

Or. en

Amendment 470

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f

Motion for a resolution

Amendment

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, trade union membership or gender identity, sex life or sexual orientation.

Or. en

Amendment 471

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f

Motion for a resolution

Amendment

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

(f) process any personal data to infer of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, trade union membership, sex life or sexual orientation.

Or. en

Amendment 472

Georgiana Teodorescu

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f

Motion for a resolution

Amendment

(f) inferences of the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, trade union membership or sexual orientation.

(f) inferences of the racial or ethnic origin, political opinions, religious or philosophical beliefs, disability, state of health or trade union membership.

Or. en

Amendment 473

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f a (new)

Motion for a resolution

Amendment

(fa) make use of mandatory biometric identification;

Or. en

Amendment 474

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 5 – paragraph 1 – point f b (new)

Motion for a resolution

Amendment

(fb) process biometrics-based data;

Or. en

Amendment 475

Marlena Maląg

Motion for a resolution

Annex I – Article 5 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Member States shall ensure that employers and procurers of services do not process other data that they host, such as social security numbers, bank details, biometric data or electronic signatures.

Or. pl

Amendment 476

Irena Joveva

Motion for a resolution

Annex I – Article 5 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. This Article shall apply to all workers and solo self-employed persons from the start of the recruitment or selection procedure.

Or. en

Amendment 477

Marlena Maląg

Motion for a resolution

Annex I – Article 5 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. The use of algorithmic management systems must not breach the health and safety requirements regarding the organisation of the working time of workers in the European Union in accordance with Directive 2003/88/EC.

Or. pl

Amendment 478

Motion for a resolution

Annex I – Article 5 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. This Article shall apply to all workers or solo self-employed persons from the start of the recruitment or selection procedure.

Or. en

Amendment 479

Motion for a resolution

Annex I – Article 5 – paragraph 2 b (new)

Motion for a resolution

Amendment

2b. In addition to algorithmic management systems, this Article shall also apply where employers or procurers of services use automated systems taking or supporting decisions that affect working conditions in any manner.

Or. en

Amendment 480

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 6

Motion for a resolution

Amendment

Article 6

deleted

Human oversight and review

1. Member States shall ensure that employers and procurer of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers and procurer of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions.

2. Member States shall ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurer of services , an oral or written explanation regarding any decision affecting the essential aspects of their employment or contractual relationship, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system.

The explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

4. Member States shall ensure that the representatives of workers and of solo self-employed persons may request the employer or procurer of services to trigger a review of the functioning of the algorithmic management systems in place where there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace.

Or. en

Amendment 481

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6

Motion for a resolution

Amendment

Human oversight and review

Human oversight

Or. en

Amendment 482

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph -1 a (new)

Motion for a resolution

Amendment

-1. Member States shall ensure that employers and contracting entities oversee and, with the involvement of workers’ representatives, regularly and in any event every two years, carry out an evaluation of the impact of individual decisions taken or supported by algorithmic management systems on workers and solo self-employed persons, including, where applicable, on their working conditions and equal treatment at work.

Or. en

Amendment 483

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and contracting entities maintain effective human oversight and evaluation at all times over all decisions taken or supported by algorithmic management systems deployed in the workplace, including by ensuring sufficient human resources. Member States shall also ensure that employers and contracting entities designate, and inform workers, solo self-employed persons, and their representatives, thereof, the person responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions. The persons charged with the function of oversight and evaluation shall have the competence, training and authority necessary to exercise that function, including for overriding automated decisions. Those persons shall enjoy protection from dismissal or its equivalent, disciplinary measures and other adverse treatment where they exercise their functions.

Or. en

Amendment 484

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services maintain effective human oversight at all times over all algorithmic management systems developed and deployed in the workplace. Member States shall also ensure that employers and procurer of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the persons responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for the right to request a review in which human reviewers are meaningfully involved. The persons charged by the employer or procurer of services with the function of oversight and evaluation shall have the competence, training and authority necessary to exercise that function, including for overriding automated decisions. Those persons shall enjoy protection from dismissal or its equivalent, disciplinary measures and other adverse treatment where they exercise their functions.

Or. en

Amendment 485

Marlena Maląg

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurers of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers and procurers of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions. The persons entrusted with monitoring the functioning and effects of such systems shall have the competence, training and authority necessary to exercise that function, as well as to override automated decisions. Those persons shall enjoy protection from dismissal or its equivalent, disciplinary measures and other adverse treatment in connection with their functions.

Or. pl

Amendment 486

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurers of services maintain effective human oversight at all times over all algorithmic management and artificial intelligence systems deployed in the workplace. Member States shall also ensure that employers and procurer of services designate, and inform workers, solo self-employed persons, and their representatives, thereof, the person(s) responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with this directive and all other applicable legal, health and safety and ethical standards, as well as for reviewing their decisions. Member States shall require employers and procurers of services to ensure sufficient human resources for effective oversight and the persons with the function of oversight and evaluation shall have the competence, training and authority necessary to exercise that function, including for overriding automated decisions.

Or. en

Amendment 487

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers and procurer of services maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace, providing the deploying personnel adequate training on the potential risks of algorithmic management systems. Member States shall also ensure that employers and procurer of services designate, and inform persons performing work, and their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, including the compliance of such systems with the applicable legal, health and safety and ethical standards, as well as for reviewing their decisions on a regular basis, while sharing the review conclusions with workers’ representatives.

Or. en

Amendment 488

Angelika Winzig

Motion for a resolution

Annex I – Article 6 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall ensure that employers maintain effective human oversight at all times over all algorithmic management systems deployed in the workplace. Member States shall also ensure that employers designate, and inform workers, and/or their representatives, thereof, the entity responsible for monitoring the functioning and impact of such systems, as well as for reviewing their decisions.

Or. en

Amendment 489

Motion for a resolution

Annex I – Article 6 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Where the review referred to in paragraph 1 identifies a high risk of discrimination at work in the use of algorithmic management or finds that individual decisions taken or supported by algorithmic management have infringed the rights of a worker, the employer or procurer or services shall take the steps necessary, including, if appropriate, the modification of the algorithmic management system or the discontinuation of its use, in order to avoid such decisions in the future.

Or. en

Amendment 490

Marlena Maląg

Motion for a resolution

Annex I – Article 6 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Member States shall ensure that employers oversee and, with the involvement of workers’ representatives, regularly – and in any event every two years – carry out an evaluation of the impact of individual decisions taken or supported by automated monitoring systems and automated decision-making systems on persons performing work, including, where applicable, on their working conditions and equal treatment at work.

Or. pl

Amendment 491

Motion for a resolution

Annex I – Article 6 – paragraph 1 b (new)

Motion for a resolution

Amendment

1b. Information on the evaluation pursuant to paragraph 1 shall be transmitted to workers’ representatives. Employers and procurers of services shall also make that information available to workers and solo self-employed persons, and the national competent authorities upon their request.

Or. en

Amendment 492

Angelika Winzig

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 1

Motion for a resolution

Amendment

2. Member States shall ensure that workers, upon request, have the right to obtain from the employer, an oral or written explanation regarding any decision affecting the termination of the employment by an algorithmic system.

Or. en

Amendment 493

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 1

Motion for a resolution

Amendment

2. Member States shall ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurer of services, a written explanation regarding any decision that has been taken or has been substantially influenced by an algorithmic system. Member States shall ensure that employers and procurers of services shall provide workers and solo self-employed persons with access to a contact person designated by the employer or procurer of services to discuss and to clarify the facts, circumstances and reasons having led to the decision. Employers and procurers of services shall ensure that such contact persons have the competence, training and authority necessary to exercise that function.

Or. en

Amendment 494

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 1

Motion for a resolution

Amendment

2. Member States shall ensure that workers and solo self-employed persons, upon request, have the right to obtain from the employer or the procurers of services, an oral or written explanation regarding any decision taken or supported by algorithmic management or artificial intelligence, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures.

Or. en

Amendment 495

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 1

Motion for a resolution

Amendment

2. Where the oversight or the evaluation referred to in paragraph 1 identifies a high risk of discrimination at work in the use of automated monitoring systems or automated decision-making systems or finds that individual decisions taken or supported by automated monitoring systems or automated decision-making systems have infringed the rights of a worker or solo self-employed person, the employer or contracting entity shall take the steps necessary, including, if appropriate, the modification of the algorithmic management system or the discontinuation of its use, in order to avoid such decisions in the future

Or. en

Amendment 496

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 1

Motion for a resolution

Amendment

2. Member States shall ensure that persons performing work, have the right to obtain from the employer or the procurer of services , an oral or written explanation regarding any decision affecting the essential aspects of their employment or contractual relationship, including the allocation of tasks, the evaluation of performance, working time scheduling, remuneration, and disciplinary measures, where any decision relating to such matters has been taken or has been substantially influenced by an algorithmic system.

Or. en

Amendment 497

Marlena Maląg

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 2

Motion for a resolution

Amendment

The explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

The explanation referred to in paragraph 1 shall be provided within two weeks of receipt of the request and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

Where the decision infringes the rights of a person performing work, the employer shall rectify that decision without delay and in any case within two weeks of the adoption of the decision. Where such rectification is not possible, the employer shall offer adequate compensation for the damage sustained. In any event, the employer shall take the necessary steps, including, if appropriate, a modification of the automated decision-making system or a discontinuance of its use, in order to prevent such decisions being taken in the future.

Or. pl

Amendment 498

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 2

Motion for a resolution

Amendment

The explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

The explanation referred to in paragraph 1 shall be provided without undue delay and within two weeks of receipt of the request and in a format that is accessible and comprehensible to the person performing work concerned to have a clear understanding of the decision and the reasons. If an explanation is not possible, due to the complexity of the system which prevents the decision process from being identified, then the decision shall be considered null and void and the system is prohibited.

Or. en

Amendment 499

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph 2 – subparagraph 2

Motion for a resolution

Amendment

The explanation referred to in paragraph 1 shall be provided within a reasonable time and in a format that is accessible and comprehensible to the worker or solo self-employed person concerned.

Information on the evaluation pursuant to paragraph 1 shall be transmitted to workers’ representatives within a reasonable time. Employers shall also make that information available to the national competent authorities upon their request. Contracting entities shall make that information available to solo self-employed persons upon their request in a format that is accessible and comprehensible to them..

Or. en

Amendment 500

Motion for a resolution

Annex I – Article 6 – paragraph 2 a (new)

Motion for a resolution

Amendment

2a. Workers and their representatives acting on their behalf shall have the right to request an employer or procurer of services to review the decisions referred to in paragraph 2. The employer or procurer of services shall respond to such request by providing the worker or solo self-employed person with a sufficiently precise and adequately substantiated reply in the form of a written document, which may be in electronic form, without undue delay and in any event within two weeks of receipt of the request.

Such requests shall trigger an impartial, timely, and meaningful review by a designated human supervisor, who shall:

- assess the appropriateness and fairness of the a decision,

- take into account the input and evidence provided by the worker or solo self-employed person.

Or. en

Amendment 501

Motion for a resolution

Annex I – Article 6 – paragraph 2 b (new)

Motion for a resolution

Amendment

2b. Where the decision referred to in paragraph 2a infringes the rights of a worker, the employer or procurer of services shall rectify that decision without delay and in any case within two weeks of the adoption of the decision. Where such rectification is not possible, the employer or procurer of services shall offer adequate compensation for the damage sustained. In any event, the employer or procurer of services shall take the steps necessary, including, if appropriate, the modification of the algorithmic management system or the discontinuation of its use, in order to avoid such decisions in the future.

Or. en

Amendment 502

Motion for a resolution

Annex I – Article 6 – paragraph 2 c (new)

Motion for a resolution

Amendment

2c. Workers and solo self-employed persons shall have the right to be assisted by their representatives or legal counsel during the recourse process, and to access relevant data, logs, and documentation necessary to understand and contest the a decisions.

Or. en

Amendment 503

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, any changes in remuneration and any decision with similar effects or any other decision affecting the essential aspects of the employment or other contractual relationships are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor and respect Regulation (EU) 2024/1689 on high-risk artificial intelligence systems.

Where such decisions are supported by an algorithmic management system, employers or procurers of services shall provide the worker or solo self-employed person with a written statement of the reasons for such a decision without undue delay and at the latest on the date on which it takes effect.

Or. en

Amendment 504

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

3. Member States shall ensure that any decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration or disciplinary action are not taken solely on the basis of algorithmic management or artificial intelligence. Such decisions shall also be subject to review and final determination by a human supervisor and a written reasoned statement should be provided to the worker or solo self-employed person without undue delay and at the latest on the date on which it takes effect.

Or. en

Amendment 505

Marlena Maląg

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

3. Any decision to restrict, suspend or terminate a contractual relationship, or changes in the remuneration of a person performing work, or any other decision causing equivalent harm, must be made by a human being.

Or. pl

Amendment 506

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, concerning the renewal or non-renewal of a contractual agreement, concerning changes in remuneration, or any other decision of equivalent detriment, are taken by a human being.

Or. en

Amendment 507

Angelika Winzig

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

3. Member States shall ensure that decisions concerning the initiation or termination of an employment relationship and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

Or. en

Amendment 508

Leila Chaibi, Anthony Smith

Motion for a resolution

Annex I – Article 6 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that decisions concerning the initiation or termination of an employment or contractual relationship, the renewal or non-renewal of a contractual agreement, and any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

Or. en

Amendment 509

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 6 – paragraph 3 a (new)

Motion for a resolution

Amendment

3a. Member States shall ensure that decisions concerning any changes in remuneration are not taken solely on the basis of algorithmic management. Such decisions shall also be subject to review and final determination by a human supervisor.

Or. en

Amendment 510

Angelika Winzig

Motion for a resolution

Annex I – Article 6 – paragraph 4

Motion for a resolution

Amendment

deleted

Or. en

Amendment 511

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 – paragraph 4

Motion for a resolution

Amendment

deleted

Or. en

Amendment 512

Motion for a resolution

Annex I – Article 6 – paragraph 4

Motion for a resolution

Amendment

4. Member States shall ensure that the employer or procurer of services regularly and in any event every two years, carry out an evaluation of the impact of algorithmic management on workers and solo self-employed persons, including, where applicable, on their working conditions and equal treatment at work. The representatives of workers and of solo self-employed persons may request this review where there is a justified concern that such systems exhibit systemic biases, discrimination or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace.

Or. en

Amendment 513

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 6 – paragraph 4

Motion for a resolution

Amendment

4. Member States shall ensure that the representatives of persons performing work may request the employer or procurer of services to trigger a review of the functioning of the algorithmic management systems in place where there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of persons performing work or to health and safety at the workplace. The employer shall respond to such request by providing workers with a substantiated reply in the form of a written document, which may be in electronic form, within two weeks of receipt of the request.

Or. en

Amendment 514

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 4

Motion for a resolution

Amendment

4. Member States shall ensure that workers and solo self-employed persons or their representatives have the right to request the employer or procurer of services to review the decisions referred to in paragraph 3. They shall respond to such request by providing the person with an adequately substantiated written reply without undue delay and in any event within two weeks of receipt of the request. Where the decision referred to in paragraph 3 infringes the rights of the person the employer or procurer of services shall rectify that decision without delay and in any case within two weeks of the adoption of the decision.

Or. en

Amendment 515

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 4 a (new)

Motion for a resolution

Amendment

4a. Member States shall ensure workers and solo self-employed persons or their representatives may trigger a review of the functioning of the algorithmic management or artificial intelligence systems in place where there is a justified concern that such systems exhibit systemic biases or faults or pose a threat to the mental or physical well-being of workers or solo self-employed persons or to health and safety at the workplace.

Or. en

Amendment 516

Motion for a resolution

Annex I – Article 6 – paragraph 4 a (new)

Motion for a resolution

Amendment

4a. This Article does not affect disciplinary and dismissal procedures laid down in national law, collective agreements and practice.

Or. en

Amendment 517

Irena Joveva

Motion for a resolution

Annex I – Article 6 – paragraph 4 b (new)

Motion for a resolution

Amendment

4b. Member States shall ensure that employers or procurers of services establish preventative measures concerning the deployment and use of algorithmic management or artificial intelligence systems and the risk of biases and discriminatory outcomes, particularly those based on gender, racial or ethnic origin, age, disability, sexual orientation, or other protected characteristics.

Or. en

Amendment 518

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 6 a (new)

Motion for a resolution

Amendment

Article 6a

Human review

1. Member States shall ensure that workers and solo self-employed persons have the right to obtain an oral or written explanation from a contact person for any decision taken or supported by an automated decision-making system without undue delay. The explanation shall be provided in a transparent and intelligible manner, using clear and plain language. These contact persons shall have the competence, training and authority necessary to exercise that function.

2. Employers and contracting entities shall provide workers and solo self-employed persons respectively with a written statement of the reasons for any decision taken concerning the initiation or termination of an employment or contractual relationship, concerning the renewal or non-renewal of a contractual agreement, concerning changes in remuneration, or any other decision of equivalent detriment, or any other decision affecting the essential aspects of the employment or other contractual relationships, without undue delay and at the latest on the date on which it takes effect.

3. Workers and workers’ representatives as well as solo self-employed persons shall have the right to request the employers and contracting entities to review the decisions referred to in paragraph 1. The employers and contracting entities shall respond to such request by providing a sufficiently precise and adequately substantiated reply in the form of a written document, which may be in electronic form, without undue delay and in any event within two weeks of receipt of the request.

4. Where the decision referred to in paragraph 1 infringes the rights of worker or a solo self-employed person, the decision shall be rectified without delay and in any case within two weeks of the adoption of the decision. Where such rectification is not possible, the employer or contracting entity shall offer adequate compensation for the damage sustained. In any event, the employer or contracting entity shall take the steps necessary, including, if appropriate, the modification of the automated decision-making system or the discontinuation of its use, in order to avoid such decisions in the future.

5. This Article does not affect disciplinary and dismissal procedures laid down in national law, collective agreements and practice.

Or. en

Amendment 519

Angelika Winzig

Motion for a resolution

Annex I – Article 7

Motion for a resolution

Amendment

Article 7

deleted

Occupational health and safety

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

(a) evaluate the risks of algorithmic management system to their safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on workers;

(b) assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

Or. en

Amendment 520

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 7

Motion for a resolution

Amendment

Article 7

deleted

Occupational health and safety

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

(b) assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

Or. en

Amendment 521

Johan Danielsson

Motion for a resolution

Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers, with the involvement of workers and their representatives in accordance with Union and national law and practice:

Or. en

Amendment 522

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers or procurer of services :

Or. en

Amendment 523

Irena Joveva

Motion for a resolution

Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution

Amendment

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that the employers:

1. Without prejudice to Directive 89/391/EEC and related directives in the field of safety and health at work, Member States shall ensure that employers:

Or. en

Amendment 524

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) evaluate the risks of algorithmic management system to the safety and health of persons performing work, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as undue pressure put on persons performing work;

Or. en

Amendment 525

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution

Amendment

Or. en

Amendment 526

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) evaluate the risks of algorithmic management system to their safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

Or. en

Amendment 527

Irena Joveva

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution

Amendment

(a) evaluate the risks of algorithmic management or artificial intelligence systems to workers’ safety and health, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

Or. en

Amendment 528

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point b

Motion for a resolution

Amendment

(b) assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

(b) assess whether the mandatory safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

Or. en

Amendment 529

Johan Danielsson

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point b a (new)

Motion for a resolution

Amendment

(ba) monitor and review the occupational health and safety impacts of such systems throughout their life cycle, including reporting and follow-up of incidents;

Or. en

Amendment 530

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 7 – paragraph 1 – point c

Motion for a resolution

Amendment

(c) introduce appropriate preventive and protective measures or can withdraw the deployment of such system if none of them have been effective.

Or. en

Amendment 531

Isabelle Le Callennec

Motion for a resolution

Annex I – Article 7 – paragraph 1 – subparagraph 1 a

Motion for a resolution

Amendment

SME employers may be exempted from the obligations under points (a) to (c), unless worker's representatives explicitly request that such assessments be carried out.

Or. en

Amendment 532

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 7 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. In this regard, automated or semi-automated monitoring systems shall not be used if it puts undue pressure on workers or otherwise puts at risk the safety and physical and mental health of workers. In cases where the impacts cannot be mitigated, Member States shall limit or ban the use of systems producing these impacts.

Or. en

Amendment 533

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 7 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. In relation to the requirements laid down in paragraph 1 of this Article, digital labour platforms shall ensure effective information and consultation and the participation of workers and/or their representatives in accordance with Articles 10 and 11 of Directive 89/391/EEC.

Or. en

Amendment 534

Motion for a resolution

Annex I – Article 7 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Employers and procurers of services shall not use algorithmic management systems in a manner that puts undue pressure on workers or solo self-employed persons or otherwise puts at risk their safety and physical and mental health.

Or. en

Amendment 535

Irena Joveva

Motion for a resolution

Annex I – Article 7 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. Employers shall not use algorithmic management or artificial intelligence systems in a manner that puts undue pressure on workers or otherwise puts at risk the safety and physical and mental health of workers.

Or. en

Amendment 536

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 7 – paragraph 1 b (new)

Motion for a resolution

Amendment

1b. Employers and providers of services shall not use algorithmic management systems in a manner that puts undue pressure on workers, leads to undue intensification of work or unhealthy workloads or otherwise puts at risk the safety and physical and mental health of workers;

Or. en

Amendment 537

Motion for a resolution

Annex I – Article 7 – paragraph 1 b (new)

Motion for a resolution

Amendment

1b. In order to ensure the safety and health of workers and solo self-employed persons, including from violence and harassment, Member States shall ensure that employers and procurers of services take preventive measures, including providing for effective reporting channels.

Or. en

Amendment 538

Motion for a resolution

Annex I – Article 7 – paragraph 1 c (new)

Motion for a resolution

Amendment

1c. In cases where the adverse impacts from algorithmic management systems cannot be mitigated, Member States shall limit or ban the use of systems or functions producing these impacts.

Or. en

Amendment 539

Motion for a resolution

Annex I – Article 7 – paragraph 1 d (new)

Motion for a resolution

Amendment

1d. Employers and procurer of services shall ensure that workers, solo self-employed and their representatives are informed and consulted in a clear and accessible manner about the introduction, functioning, and purposes of such systems, and the associated health and safety risks. They shall enable workers and their representatives to participate in the ongoing monitoring and review of the occupational health and safety impacts of such systems.

Or. en

Amendment 540

Irena Joveva

Motion for a resolution

Annex I – Article 7 a (new)

Motion for a resolution

Amendment

Article 7a

Promotion of collective bargaining on algorithmic management and artificial intelligence in the workplace

Member States shall, without prejudice to the autonomy of the social partners and taking into account the diversity of national practices, take adequate measures to promote the role of the social partners and encourage the exercise of the right to collective bargaining concerning algorithmic management and artificial intelligence in the workplace.

Or. en

Amendment 541

Motion for a resolution

Annex I – Article 7 a (new)

Motion for a resolution

Amendment

Article 7a

Mandatory training

Member States shall ensure that where an employer is required by Union or national law or by collective agreements to provide training to a worker to carry out the work for which he or she is employed, such training shall be provided to the worker free of cost, shall count as working time and, where possible, shall take place during working hours

Or. en

Amendment 542

Irena Joveva

Motion for a resolution

Annex I – Article 7 b (new)

Motion for a resolution

Amendment

Article 7b

Support to SMEs

Member States shall ensure the provision of tailored guidance and dedicated support mechanisms to assist SMEs in understanding and effectively implementing their obligations related to algorithmic management and artificial intelligence systems under this directive.

Or. en

Amendment 543

Johan Danielsson

Motion for a resolution

Annex I – Article 8

Motion for a resolution

Amendment

Article 8

deleted

Responsibilities of competent national authorities

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

2. The labour inspectorates shall be tasked with monitoring, controlling and assessing:

(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health of workers;

(b) the absence of bias and discrimination in the design, deployment or functioning of such systems;

(d) compliance with relevant provisions of this Directive and other applicable Union and national law, including provisions related to occupational health and safety and equal treatment.

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

Or. en

Amendment 544

Arba Kokalari, Henrik Dahl, Jörgen Warborn

Motion for a resolution

Annex I – Article 8

Motion for a resolution

Amendment

Article 8

deleted

Responsibilities of competent national authorities

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

2. The labour inspectorates shall be tasked with monitoring, controlling and assessing:

(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health of workers;

(b) the absence of bias and discrimination in the design, deployment or functioning of such systems;

(d) compliance with relevant provisions of this Directive and other applicable Union and national law, including provisions related to occupational health and safety and equal treatment.

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

Or. en

Amendment 545

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 – paragraph -1 a (new)

Motion for a resolution

Amendment

-1a. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring and enforcing this Directive as far as data-protection matters are concerned, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679.

Or. en

Amendment 546

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

1. Member States shall task their competent national authorities, including labour authorities and equality bodies where relevant, with overseeing the safe use of algorithmic management systems in the workplace and the impact on working conditions, occupational health and safety, in particular with regard to their impact on the physical and mental health of workers and equal treatment, in particular, non-discriminatory use of algorithmic management systems in the workplace.

Or. en

Amendment 547

Angelika Winzig

Motion for a resolution

Annex I – Article 8 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

1. Member States shall ensure that labour inspectorates or equivalent national authorities may, where appropriate and proportionate, oversee the use of algorithmic systems, without duplicating existing controls or compliance mechanisms under national law.

Or. en

Amendment 548

Irena Joveva

Motion for a resolution

Annex I – Article 8 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management and artificial intelligence systems in the workplace.

Or. en

Amendment 549

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 8 – paragraph 1

Motion for a resolution

Amendment

1. Member States shall task their respective labour inspectorates with overseeing the safe and non-discriminatory use of algorithmic management systems in the workplace.

1. Member States shall task their respective labour inspectorates with overseeing the transparent, safe and non-discriminatory use of algorithmic management systems in the workplace.

Or. en

Amendment 550

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 – paragraph 1 a (new)

Motion for a resolution

Amendment

1a. The authorities referred to in paragraph 1 and 2 shall, where relevant, cooperate in the enforcement of this Directive within the remit of their respective competences. 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.

Or. en

Amendment 551

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 – paragraph 2

Motion for a resolution

Amendment

2. The labour inspectorates shall be tasked with monitoring, controlling and assessing:

deleted

(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health of workers;

(b) the absence of bias and discrimination in the design, deployment or functioning of such systems;

(d) compliance with relevant provisions of this Directive and other applicable Union and national law, including provisions related to occupational health and safety and equal treatment.

Or. en

Amendment 552

Irena Joveva

Motion for a resolution

Annex I – Article 8 – paragraph 2 – point a

Motion for a resolution

Amendment

(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health of workers;

(a) the safety of algorithmic systems used in employment contexts, in particular with regard to their impact on the physical and mental health and fundamental rights of workers;

Or. en

Amendment 553

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 8 – paragraph 2 – point c

Motion for a resolution

Amendment

(c) the impact of algorithmic management systems on working time, performance pressure put on workers, remuneration, disciplinary measures affecting the worker’s career or change or termination of the contractual relationship;

Or. en

Amendment 554

Irena Joveva

Motion for a resolution

Annex I – Article 8 – paragraph 2 – point c

Motion for a resolution

Amendment

Or. en

Amendment 555

Marlena Maląg

Motion for a resolution

Annex I – Article 8 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers and technical expertise to effectively carry out their functions. To this end, Member States shall provide appropriate training for national competent authorities and provide for the availability of technical expertise in the field of algorithmic management, to enable such authorities to carry out their tasks.

Or. pl

Amendment 556

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 8 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

3. Member States shall ensure, by any means and without any restrictions given directly or indirectly by EU authorities that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

Or. en

Amendment 557

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 – paragraph 3

Motion for a resolution

Amendment

3. Member States shall ensure that their labour inspectorates are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

3. Member States shall ensure that national competent authorities, in accordance with national law or practice, are provided with adequate resources, powers, and technical expertise to effectively carry out their functions.

Or. en

Amendment 558

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 a (new)

Motion for a resolution

Amendment

Article8a

Promotion of collective bargaining

1. Member States shall, without prejudice to the autonomy of the social partners and in accordance with national law and practice, take adequate measures to ensure the effective involvement of the social partners, by means of discussing the rights and obligations laid down in this Directive.

2. Member States shall, without prejudice to the autonomy of the social partners and taking into account the diversity of national practices, take adequate measures to promote the role of the social partners and encourage the exercise of the right to collective bargaining on measures to ensure the transparent use of algorithmic management in the workplace and the protection of workers in relation to processing their personal data .

Or. en

Amendment 559

Motion for a resolution

Annex I – Article 8 a (new)

Motion for a resolution

Amendment

Article8a

Right to redress

Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, Member States shall ensure that workers and solo self-employed persons, including those whose employment or other contractual relationship has ended, have access to timely, effective and impartial dispute resolution and a right to redress, including adequate compensation for the damage sustained, in the case of infringements of their rights arising from this Directive.

Or. en

Amendment 560

Johan Danielsson

Motion for a resolution

Annex I – Article 8 a (new)

Motion for a resolution

Amendment

Article 8a

Monitoring, control and enforcement

Member States shall be responsible for the monitoring, control and enforcement of the obligations laid down in this Directive and shall take effective measures in accordance with national law or practice to ensure the safe and non-discriminatory use of algorithmic management systems in the workplace in cooperation with the competent authorities or, where appropriate, social partners.

Or. en

Amendment 561

Irena Joveva

Motion for a resolution

Annex I – Article 8 a (new)

Motion for a resolution

Amendment

Article 8a

Right to redress

Member States shall ensure that workers and solo self-employed persons including those whose employment or other contractual relationship has ended, have access to timely, effective and impartial dispute resolution and a right to redress, including adequate compensation for the damage sustained, in the case of infringements of their rights arising from this Directive.

Or. en

Amendment 562

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 8 a (new)

Motion for a resolution

Amendment

Article 8a

Supervision, implementation and penalties

1. The supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring and enforcing the application of this Directive as far as data-protection matters are concerned, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679.

2. The authorities referred to in paragraph 1 and other national competent 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 or semi-automated monitoring systems and decision-making systems on persons performing 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.

3. Without prejudice to the application of Regulation (EU) 2016/679 as referred to in paragraph 1, Member States shall lay down the rules on penalties, applicable to infringements of national provisions adopted pursuant to provisions of this Directive or of the relevant provisions already in force concerning the rights which are within the scope of this Directive.

4. The penalties shall be effective, dissuasive and proportionate to the nature, gravity and duration of the undertaking’s infringement, to the number of persons performing work affected and to the company’s net turnover.

Or. en

Amendment 563

Motion for a resolution

Annex I – Article 8 b (new)

Motion for a resolution

Amendment

Article 8b

Procedures on behalf or in support of workers and solo self-employed persons

Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of workers and solo self-employed persons referred to in this directive, and legal entities which have, in accordance with national law or practice, a legitimate interest in defending their rights are able to engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. Member States shall ensure that such representatives and legal entities are able to act on behalf or in support of one or several workers and solo self-employed persons referred to in this Directive in the case of the infringement of any right or obligation arising from this Directive, in accordance with national law and practice.

Or. en

Amendment 564

Leila Chaibi, Anthony Smith, Sebastian Everding

Motion for a resolution

Annex I – Article 8 b (new)

Motion for a resolution

Amendment

Article 8b

Non-regression clause

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to persons performing work within Member States.

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 persons performing work, or to encourage or permit the application of collective agreements which are more favourable to persons performing work, in line with the objectives of this Directive.

3. This Directive is without prejudice to any other rights conferred on persons performing work by other legal acts of the Union.

Or. en

Amendment 565

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 b (new)

Motion for a resolution

Amendment

Article 8b

Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. The upper limit for administrative fines referred to in Article 83(5) of Regulation (EU) 2016/679 shall be applicable to infringements of this Directive.

2. The penalties referred to in paragraph 1 shall take into account any relevant aggravating or mitigating factor applicable to the circumstances of the infringement.

Member States shall ensure that specific penalties apply in the case of repeated infringements of the rights and obligations in this Directive.

Or. en

Amendment 566

Johan Danielsson

Motion for a resolution

Annex I – Article 8 b (new)

Motion for a resolution

Amendment

Article 8b

Collective bargaining

Without prejudice to fundamental rights as laid down in the Charter of Fundamental Rights of the European Union and Union law on the protection of personal data, privacy and the confidentiality of communications, Member States may allow the social partners to maintain, negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which establish arrangements concerning all aspects of the introduction, implementation and use of algorithmic management systems in the workplace throughout their life cycle, which might differ from those referred to in this Directive.

Or. en

Amendment 567

Irena Joveva

Motion for a resolution

Annex I – Article 8 b (new)

Motion for a resolution

Amendment

Article 8b

Protection against adverse treatment or consequences

Member States shall introduce the measures necessary to protect workers and solo self-employed persons and their representatives, from any adverse consequences resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Or. en

Amendment 568

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 c (new)

Motion for a resolution

Amendment

Article 8c

Right to redress and protection against adverse treatment or consequences

1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective, timely and impartial dispute resolution and a right to redress, in the case of infringements of rights relating to transparent use of algorithmic management in the workplace and the protection of workers in relationship to processing their personal data .

2. Member States shall take the measures necessary to protect workers and workers’ representatives, including those who are trade union members or representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance in the case of infringements of rights relating to the rights and obligations in this Directive

Or. en

Amendment 569

Irena Joveva

Motion for a resolution

Annex I – Article 8 c (new)

Motion for a resolution

Amendment

Article 8c

Non-regression and more favourable provisions

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States, including with regard to established procedures for the determination of the correct employment status of persons performing platform work as well as existing prerogatives of their representatives.

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 workers, or to encourage or permit the application of collective agreements which are more favourable to workers, in line with the objectives of this Directive.

3. This Directive is without prejudice to any other rights conferred on workers or solo self-employed persons by other legal acts of the Union.

Or. en

Amendment 570

Motion for a resolution

Annex I – Article 8 c (new)

Motion for a resolution

Amendment

Article 8c

Access to evidence

1. Member States shall ensure that, in proceedings concerning the provisions of this Directive, national courts or competent authorities are able to order the employer or the procurer of services to disclose any relevant evidence, which lies in its control.

2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information where they consider it relevant to the proceedings. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information.

Or. en

Amendment 571

Kim Van Sparrentak

on behalf of the Verts/ALE Group

Motion for a resolution

Annex I – Article 8 d (new)

Motion for a resolution

Amendment

Article 8d

Protection from dismissal and burden of proof

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they have exercised the rights provided for in this Directive.

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing.

3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

4. Paragraph 3 shall not prevent Member States from introducing rules of evidence which are more favourable to workers who institutes an administrative procedure or court proceedings regarding an alleged infringement of any of the rights or obligations relating to the rights and obligations in this Directive.

5. Member States shall not be required to apply paragraph 3 to proceedings in which it is for the court or other competent authority or body to investigate the facts of the case.

6. Paragraph 3 shall not apply to criminal proceedings, unless otherwise provided by the Member State.

Or. en

Amendment 572

Motion for a resolution

Annex I – Article 8 d (new)

Motion for a resolution

Amendment

Article 8d

Protection against adverse treatment or consequences

Member States shall introduce the measures necessary to protect workers and solo self-employed persons, including those who are their representatives, from any adverse consequences resulting from a complaint lodged with the employer and the procurer of service or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Or. en

Amendment 573

Motion for a resolution

Annex I – Article 8 e (new)

Motion for a resolution

Amendment

Article 8e

Protection from dismissal

1. Member States shall take the measures necessary to prohibit the dismissal or termination of the contract of workers and solo self-employed persons or equivalent action, and all preparations therefor, on the grounds that they have exercised the rights provided for in this Directive.

2. Workers and solo self-employed persons who consider that they have been dismissed, that their contract has been terminated or that they have been subject to any actions with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, may request the employer or the procurer of services to provide duly substantiated grounds for the dismissal, the termination of the contract or any equivalent action. The employer or the procurer of services shall provide those grounds in writing without undue delay.

3. Member States shall take the measures necessary to ensure that, when the worker or solo self-employed persons referred to in paragraph 2 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal, termination of contract or equivalent action, it shall be for the employer or the procurer of services to prove that the dismissal, termination of contract or equivalent action was based on grounds other than those referred to in paragraph 1.

4. Member States shall not be required to apply paragraph 3 to proceedings in which it is for the court or other competent authority or body to investigate the facts of the case.

5. Paragraph 3 shall not apply to criminal proceedings, unless otherwise provided by the Member State.

Or. en

Amendment 574

Motion for a resolution

Annex I – Article 8 f (new)

Motion for a resolution

Amendment

Article 8f

Supervision and penalties

1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring and enforcing the application of this Directive as far as data-protection matters are concerned, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679.

2. The authorities referred to in paragraph 1 and other national competent authorities shall, where relevant, cooperate in the enforcement of this Directive within the remit of their respective competences, in particular where questions algorithmic management systems on workers 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.

3. National competent authorities shall cooperate through exchange of relevant information and best practices on the implementation of the legal presumption, with the support of the Commission.

4. Without prejudice to the application of Regulation (EU) 2016/679 as referred to in paragraph 1, and potential rulings based on Article 7 paragraph 2 of this Directive, Member States shall lay down the rules on penalties, applicable to infringements of national provisions adopted pursuant to provisions of this Directive or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties shall be effective, dissuasive and proportionate to the nature, gravity and duration of the undertaking’s infringement and to the number of workers affected

Or. en

Amendment 575

Motion for a resolution

Annex I – Article 8 g (new)

Motion for a resolution

Amendment

Article 8g

Collective bargaining and action

1. This directive shall not affect the right of Member States to allow social partners to maintain, negotiate, conclude, and enforce collective agreements or to take collective action in accordance with national law or practice that provide for more specific or additional rules regarding the use of algorithmic management systems in the workplace as long as they meet or exceed the minimum requirements set out in this directive as long as they meet or exceed the minimum requirements set out in this directive

2. Member States shall ensure that social partners are adequately involved in the design, implementation, and monitoring of policies and measures concerning algorithmic management systems.

Or. en

Amendment 576

Motion for a resolution

Annex I – Article 8 h (new)

Motion for a resolution

Amendment

Article 8h

Non-regression clause and more favourable provisions

The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection already afforded by Member States in the areas covered by this Directive.

Or. en