Sittings · Document

OPINION (COM(2021)0762 – C90454/2021 – 2021/0414(COD)) 2022-10-10

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

Committee on Transport and Tourism · Rapporteur: Karima Delli

SHORT JUSTIFICATION

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

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

Health and safety

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

Algorithmic management

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

Social dialogue

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

Access to training and upskilling

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

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 16 of the Charter recognises the freedom to conduct a business.	(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to fair and just working conditions which respect the health, safety and dignity of the persons performing platform work, especially in the European transport and tourism sectors and particularly for platform-determined on-location work such as driving and delivery services. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter provides for the right to non-discrimination.

Amendment 2

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, while also carrying some risks for employment and working conditions. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms.	(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, and has led to new employment and business opportunities, in particular in the transport and tourism sectors, while also carrying some potential risks for employment and working conditions in terms of classification of correct employment status and in promoting transparency, fairness and safety, for the health and safety of workers and for the protection of their fundamental right to privacy. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms, which have created economic opportunity for hundreds of thousands of EU citizens and businesses while offering choice and value to consumers in the EU. However, the business model of digital labour platforms has significant consequences that platforms should mitigate in order to avoid potential adverse working conditions for workers.

Amendment 3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4a) Platform companies can play a role in facilitating mobility as a service (MaaS), logistics as a service (LaaS) and collaborative mobility. New digital and innovative solutions may create possibilities for a modal shift in transport in urban and sub-urban areas, by addressing potential environmental and health concerns, saving time and efforts for consumers and enhancing the competitiveness of the related businesses. Furthermore, new digital technologies can help us better manage and track resource use, improve efficiency, and collaborate on reaching ambitious environmental EU goals.

Amendment 4

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission	Amendment
	(4b) The COVID-19 pandemic has significantly increased the growth rate of the digital labour platform industry, particularly for platform-determined on-location work, including driving and delivery. The pandemic has demonstrated that these workers were exposed to safety and health risk and should therefore be equipped with protective equipment, accident insurances and social protection such as access to sick leave and unemployment protection.

Amendment 5

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. By means of the algorithms, the digital labour platforms may control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.	(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. By means of the algorithms and artificial intelligence, the digital labour platforms control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.

Amendment 6

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) Individuals performing platform-determined on-location work in the European transport and tourism sectors can, besides the typical risks of online and offline work, also be exposed to additional psychosocial risks such as stress and anxiety related to algorithmic management and performance monitoring of work activities, which can put excessive pressure on workers with implications for their own safety as well as for road safety;

Amendment 7

Proposal for a directive

Recital 6

Text proposed by the Commission	Amendment
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self-employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.	(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. In this regard, platform economy has become an integral and rapidly growing part of the European transport and tourism sectors, providing new business models,talent and work opportunities. At the same time, platform work brings challenges, when digital platforms do not comply with relevant legislation as it can blur the boundaries between employment relationship and self-employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.

Amendment 8

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) Therefore, the proposed solutions should help platform workers to continue their professional activities with their preferred flexibility to organise and control their own status (e.g. as an additional source of income), workload and schedule.

Amendment 9

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission	Amendment
	(6b) Underlines that most platform workers have another job or other source of income and for most of whom platform activities are not their primary employment1a. According to research, platform workers tend to be low paid, but with a few relatively good incomes. Furthermore, workers in the platform economy tend to be younger and more highly educated than the wider population1b.
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	1a Study of the Value of Flexible Work for Local Delivery Couriers, p.5
	1b The Social Protection of Workers in the Platform Economy https://www.europarl.europa.eu/RegData/etudes/STUD/2017/614184/IPOL_STU(2017)614184_EN.pdf

Amendment 10

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status.	(7) Court cases in several Member States have shown the cases of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, with different national definitions of employee and employment relationship, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status.

Amendment 11

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them.	(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. Moreover, persons performing platform work often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to obtain an explanation for these decisions, to discuss those decisions with a contact person or to contest them and seek redress. This directive should aim among others at improving the access of people performing platform work to information, explanations and, when necessary, contestation and redress of such decisions.

Amendment 12

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) The platform workers should benefit from genuine competition between platforms through better access to data and standardisation of data connectivity to enhance conditions for platform workers while also maintaining the dynamic capacity of the platform economy;

Amendment 13

Proposal for a directive

Recital 9 b (new)

Text proposed by the Commission	Amendment
	(9b) The large majority of people working through the selected platforms are, according to the information available, free to choose and change their working time, in that they themselves can log onto the platform when they like or can choose their hours of availability. Only an estimated 3% of earnings of people working through selected platforms are locked into an agreed working time. Moreover, none of the platforms surveyed included an ‘exclusivity of services’ provision in their T&Cs1a.
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	1a Digital Labour Platforms in the EU. Mapping and Business Models, p.11

Amendment 14

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Council Recommendation 2019/C 387/0158 on access to social protection for workers and the self-employed recommends Member States to take measures ensuring formal and effective coverage, adequacy and transparency of social protection schemes for all workers and self-employed. Member States currently have varying degrees of providing social protection to the self-employed.	(11) Council Recommendation 2019/C 387/0158 on access to social protection for workers and the self-employed recommends Member States to take measures ensuring formal and effective coverage, adequacy and transparency of social protection schemes for all workers and self-employed. Member States currently have varying degrees of providing social protection to the self-employed and the issue of social security remains an exclusive competence of the Member States.
_________________	_________________
58 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).	58 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01) (OJ C 387, 15.11.2019, p. 1).

Amendment 15

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improving legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.	(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improving legal certainty, creating a level playing field between different digital labour platforms and towards offline providers of services and supporting the development of platform in a sustainable manner in the Union.

Amendment 16

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13a) The sharing economy has produced different business models and will continue to evolve as technology develops and behaviour changes. These developments need to be integrated in transportation and sustainable urban mobility planning, optimizing the need for modal shift and the quality of service provision. The platform industry has contributed to business formation and job growth, created flexible working models such as part time jobs, and lowered barriers to entry into the labour market

Amendment 17

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work.	(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work while ensuring legal certainty and predictability for the most concerned sectors, such as in the fields of transport and tourism .

Amendment 18

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(18a) When establishing or implementing practical arrangements for information and consultation, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking or establishment and of the workers.

Amendment 19

Proposal for a directive

Recital 23

Text proposed by the Commission	Amendment
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.	(23) Ensuring correct determination of the employment status should not prevent the improvement of fair and just working conditions of genuine self-employed persons performing platform work. Member States should take particular care in their national policies to ensure effective protection to workers especially affected by the uncertainty as to the existence of an employment relationship including the most vulnerable workers. This is of particular relevance for migrants and young workers in the delivery sector This is also true for women that make up only 22% of workers in the transportation sector and also represent a minority of platform workers in the transport and tourism sectors.

Amendment 20

Proposal for a directive

Recital 23 a (new)

Text proposed by the Commission	Amendment
	(23a) The Commission and the Member States shall support and encourage platform companies to develop training and professional development pathways in order to broaden their workers’ professional options; Regular obligatory security training on traffic rules and road safety and specific training in the transport sector and ensuring that online platforms and platform workers act responsibly, particularly as regards aspects related to safety, security, health, the protection of privacy and the provision of accurate information; platform workers in the transport sector are exposed to health and safety risks and therefore need to be equipped with adequate protective equipment in accordance with national law. Accident insurances, technical checks and maintenance and repairs of their vehicles are key to ensure that the vehicles used by the platform workers, including e-bikes, scooters and motorcycles, comply with relevant regulations and standards. It is important that the Commission and the Member States take into account the digitalization in their educational and training programmes to make them fit for the digital age

Amendment 21

Proposal for a directive

Recital 23 b (new)

Text proposed by the Commission	Amendment
	(23b) Stresses the importance to create a safety nets for platform workers for protection against accidents, unemployment and pension in line with subsidiarity principle and national competences of Member States whereas the potential of voluntary benefits from digital labour platforms should be taken into account;

Amendment 22

Proposal for a directive

Recital 23 c (new)

Text proposed by the Commission	Amendment
	(23c) Stresses that the criteria of this directive should respect the unique features of platform work; takes account that the Court of Justice of the European Union has assessed the status of the employment relationship in the Yodel case (C-692/19) in April 2020, and addresses co-legislators to be consistent with obeying this criteria, which identify the specificities of platform work;

Amendment 23

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.	(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty. In this regards, national frameworks should take into account the opportunities provided by the collaborative services and platforms in the transport and tourism sectors. Furthermore, the national framework should foresee the necessary autonomy and flexibility for these sectors.

Amendment 24

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.	(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, and avoid legal uncertainty, a majority of the criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by applicable local law or regulations, or collective bargaining agreements, to safeguard the health and safety of the recipients of the service, to provide satisfactory consumer service, to prevent fraud at the expense of consumers or platform workers, to reach goals related to low and zero emission mobility, should not be understood as controlling the performance of work.

Amendment 25

Proposal for a directive

Recital 28

Text proposed by the Commission	Amendment
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.	(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should have a suspensive effect on the application of the legal presumption in order to avoid the triggering and subsequent rebuttal in cases of genuine self-employment. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.

Amendment 26

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30a) The allocation of work through algorithms, an essential feature of the business model of many platforms, heightens the use of precarious short shifts as well as unstable and unpredictable schedules. Algorithmic direction, evaluation, and discipline intensify work effort by increasing monitoring, raising the pace required from workers, minimising gaps in workflow, and extending work activity beyond the conventional workplace and working hours. However, workers and their representatives often only have a low degree of visibility of or control over these algorithmic systems even though the systems impact working organisations and conditions. This is particularly true for freight transport and delivery services.

Amendment 27

Proposal for a directive

Recital 32 a (new)

Text proposed by the Commission	Amendment
	(32a) Certain decisions, such as dismissal or any other disciplinary measures should always be taken by humans, not by automated systems, considering the impact for workers of such decisions.

Amendment 28

Proposal for a directive

Recital 45

Text proposed by the Commission	Amendment
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications.	(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications. It is also essential that workers gain access to real collective bargaining or equivalent forms of dialogue consistent with national labour market models. Member states should ratify the relevant ILO conventions and strengthen the rights for platform workers to organise in trade unions and to collective bargaining.

Amendment 29

Proposal for a directive

Recital 45 a (new)

Text proposed by the Commission	Amendment
	(45a) Significant innovations were made in the field of artificial intelligence, which have become integral to the business models and decision-making of platform companies. Artificial intelligence usage on platforms should uphold the health, safety, privacy and working conditions of platform workers.

Amendment 30

Proposal for a directive

Recital 48 a (new)

Text proposed by the Commission	Amendment
	(48a) Individuals concerned by automated monitoring or decision-making systems should have meaningful access to reporting and redress mechanisms with the relevant national authority.

Amendment 31

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.	1. The purpose of this Directive is to improve working conditions, which respects the health, safety, rights and dignity of the persons performing platform work especially in the European transport and tourism sectors and particularly for platform-determined on-location work. The fair and just working conditions shall be ensured by correctly determining the employment status, by promoting transparency, safety, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union, maintaining their development, autonomy and flexibility and providing legal certainty;

Amendment 32

Proposal for a directive

Article 2 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) ‘platform work’ means any work organised through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;	(2) ‘platform work’ means any work organised or enabled through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;

Amendment 33

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.	1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice when and where applicable, and ensuring that they enjoy the rights deriving from Union law applicable to workers.

Amendment 34

Proposal for a directive

Article 3 – paragraph 2

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

Amendment 35

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall take supporting measures to ensure the correctdetermination of the employment status referred to in paragraph 1 while supporting the sustainable developmentof digital labour platforms. In particular they shall:
	(a) ensure that information on the correct determination of theemployment status is available in a clear, comprehensive and accessible way;
	(b) develop guidance for digital labour platforms, persons performingplatform work and social partners to understand and implement the correctdetermination of the employment status;
	(c) develop guidance for enforcement authorities to proactively targetand pursue non-compliant digital labour platforms;
	(d) strengthen the controls and field inspections conducted by labourinspectorates or the bodies responsible for the enforcement of labour law.

Amendment 36

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. When Digital labour platforms are determined to be employers, they shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity.

Amendment 37

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1

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

Amendment 38

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall be able to rely on that presumption.	The legal presumption shall apply in all relevant administrative and legal proceedings.

Amendment 39

Proposal for a directive

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two of the following:	2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling the majority of the following:

Amendment 40

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) effectively determining, or setting upper limits for the level of remuneration;	(a) de facto determining, or setting upper limits for the level of remuneration;

Amendment 41

Proposal for a directive

Article 4 – paragraph 2 – point b

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

Amendment 42

Proposal for a directive

Article 4 – paragraph 2 – point c

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

Amendment 43

Proposal for a directive

Article 4 – paragraph 2 – point d

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

Amendment 44

Proposal for a directive

Article 4 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) effectively restricting the possibility to build a client base or to perform work for any third party.	(e) de facto restricting the possibility to build a client base or to perform work for any third party.

Amendment 45

Proposal for a directive

Article 4 – paragraph 3 – introductory part

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

Amendment 46

Proposal for a directive

Article 4 – paragraph 3 – point b

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

Amendment 47

Proposal for a directive

Article 4 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) develop guidance for enforcement authorities to proactively target and pursue non-compliant digital labour platforms;	(c) develop capacity building, guidance, training and establish procedures for national competent and enforcement authorities to proactively identify, target and pursue non-compliant digital labour platforms following a related administrative or legal decision in order to ensure effective compliance with the provisions established in this directive.

Amendment 48

Proposal for a directive

Article 4 – paragraph 3 – point d a (new)

Text proposed by the Commission	Amendment
	(da) ensure that duly qualified technical experts and specialists, particularly with respect to algorithmic management, assist the labour inspectorates in their work when necessary.

Amendment 49

Proposal for a directive

Article 4 – paragraph 3 – point d b (new)

Text proposed by the Commission	Amendment
	(db) develop a consultation mechanism under which persons performing platform work or digital labour platforms can request the relevant authorities to assess, verify and justify the employment status of persons performing platform work on the basis of the control of the performance of work within the meaning of paragraph 2.

Amendment 50

Proposal for a directive

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date.	4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date without prejudice to other applicable national and Union law.

Amendment 51

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both.	Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both. Member States shall also ensure that before the presumption can be applied, each party will have the opportunity to present evidence and arguments.

Amendment 52

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.	Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform.

Amendment 53

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission	Amendment
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.	Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, by providing all relevant information held by it. Member States shall provide the necessary guidance for procedures to rebut the legal presumption. Such proceedings shall be held before the respective national authority under the relevant national procedure, especially in case a legal presumption and/or procedure for granting employment status on national level already exists.

Amendment 54

Proposal for a directive

Article 5 a (new)

Text proposed by the Commission	Amendment
	Article 5a
	Improvement of working conditions of genuine self-employed persons performing platform work
	Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, either on a purely voluntary basis or in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship;

Amendment 55

Proposal for a directive

Article 5 b (new)

Text proposed by the Commission	Amendment
	Article 5 b
	Security trainings and specific training in the transport sector
	Digital labour platforms shall provide the information and access to regular security trainings and specific training in the transport sectors, taking into account the requirements and consumer expectations. They shall develop training and professional development pathways in order to broaden their workers’professional options.

Amendment 56

Proposal for a directive

Article 6 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account.	(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their access to work assignments and organization of their work, their earnings, their occupational safety and health, their working time or are used to support decisions affecting, their promotion and their contractual status, including the restriction, suspension or termination of their account.

Amendment 57

Proposal for a directive

Article 6 – paragraph 2 – point b – point iv

Text proposed by the Commission	Amendment
(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects.	(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects, the grounds for promotion and, where decision-making is supported or based on monitoring and evaluating performance, the criteria used for behaviour evaluation.

Amendment 58

Proposal for a directive

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.	3. Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a complete, transparent, intelligible and easily accessible form, using clear and plain language.

Amendment 59

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) evaluate the risks of automated monitoring and decision-making systems to the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;	(a) evaluate the risks of automated monitoring and decision-making systems to non-discrimination and data protection and the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

Amendment 60

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision-making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring shall have the necessary competence, training and authority to exercise that function. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.	3. Member States shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision-making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring, decision-making assisted by automated monitoring or automated decision-making systems or review of decisions shall have the necessary competence, training and authority to exercise that function. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.

Amendment 61

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article.	1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and effective consultation of platform workers and workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes affecting working conditions and health and safety in the use of automated monitoring and decision-making systems referred to in Article 6(1), or changes in the allocation or organisation of work in accordance with this Article.

Amendment 62

Proposal for a directive

Article 9 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Individuals performing work through a digital platform are granted the right to data portability in linewith Regulation EU 2016/679.

Amendment 63

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:	1. Where labour, health and safety, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them:

Amendment 64

Proposal for a directive

Article 12 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the measures taken to ensure the health and safety of the persons performing on location platform work in the driving and delivery services;

Amendment 65

Proposal for a directive

Article 12 – paragraph 1 – point b b (new)

Text proposed by the Commission	Amendment
	(bb) the number of accidents and collisions leading to death or serious injuries involving persons providing on-location platform work in the driving and delivery sectors and other road users;

Amendment 66

Proposal for a directive

Article 12 – paragraph 3

Text proposed by the Commission	Amendment
3. Labour, social protection and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.	3. Labour, social protection, health and safety and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.

Amendment 67

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.	Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure high-speed wireless and fixed connectivity or similarly effective means is essential for the further development of digitalised transport services, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.

Amendment 68

Proposal for a directive

Article 15 a (new)

Text proposed by the Commission	Amendment
	Article 15a
	Without prejudice to the full respect of the autonomy of social partners, Member States shall promote collective bargaining in platform work and ensure that workers’ representative shave the right to access platform workers, including through digital access, for the purpose of organising their representation ;