On the proposal for a directive of the European Parliament and of the Council on improving working conditions in platform work
TRAN-AD-732626
Committee on Transport and Tourism · Rapporteur: Karima Delli
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The Committee on Transport and Tourism gives its opinion on the proposed directive on improving working conditions in platform work, asking the lead committee to take its amendments into account.¶ It seeks fair and just working conditions for platform workers, especially in transport and tourism and in platform-determined on-location work such as driving and delivery.¶¶ Its amendments add health and safety protection, human oversight of algorithmic decisions, social dialogue and training, and adjust the legal presumption of employment and the criteria that trigger it.¶¶¶ They also add rules on information and consultation, data portability, reporting of accidents and communication channels for platform workers.¶¶¶
Committee position. The committee asks the Committee on Employment and Social Affairs to take into account its amendments, which add health and safety, algorithmic management, social dialogue and training provisions and adjust the legal presumption and its criteria.¶¶¶
Key points
- The rapporteur wants fair and just working conditions that respect the psychosocial and physical health, safety and dignity of platform workers, especially in transport and tourism.¶
- Platform workers in transport and tourism face fatigue, stress, exhaustion and psychosocial risk from online monitoring, rating and tight deadlines, and should get protective equipment, accident insurance, sick leave and unemployment protection.¶
- The rapporteur wants broader protection of fundamental rights, health and dignity for all workers under algorithmic management, including human oversight of decisions on working conditions, health and safety or changes to agreed terms.¶
- Because platform workers lack a common workplace, the rapporteur seeks social dialogue through proper representation, including the right to join a trade union, to organise and to bargain collectively.¶
- The rapporteur calls for regular obligatory security training and professional development pathways to broaden the professional options of people working through platforms.¶
- The amendments add to the directive's purpose the improvement of working conditions that respect health, safety, rights and dignity, especially in transport and tourism and for platform-determined on-location work.¶
- Member States must have procedures to verify and ensure correct determination of employment status, guided by the facts of actual work and the use of algorithms, and must take supporting measures such as guidance and stronger labour inspections.¶¶¶
- The legal presumption of an employment relationship applies where a platform controls the performance of work beyond what commercial relationships require, and a majority of listed criteria must be fulfilled to trigger it.¶¶
- The criteria include de facto determining remuneration, binding rules on appearance or conduct, close supervision, de facto restricting freedom to organise work or to work for third parties.¶¶¶
- Either party may rebut the presumption, with the burden of proof on the platform, and each party must have the opportunity to present evidence and arguments before the presumption is applied.¶¶
- Platforms must give information on automated decision-making, ensure sufficient human resources to monitor it, and consult workers' representatives on decisions affecting working conditions and health and safety.¶¶¶
- Platforms must provide information to authorities on health and safety measures and on accidents and collisions in driving and delivery, and must create channels for workers to communicate and be contacted by representatives.¶¶¶
Who is affected
- People performing platform work, especially in transport and tourism and in on-location work such as driving and delivery, who would gain health, safety and training protections.¶¶¶
- Digital labour platforms, which would face the legal presumption of employment, information duties and human oversight of automated decisions.¶¶¶
- Member States, which must set up procedures to verify employment status, take supporting measures and promote collective bargaining.¶¶¶
- Genuine self-employed persons performing platform work, whose working conditions should also improve without triggering the employment presumption.¶
- Migrant and young workers, who are especially affected by uncertainty over the employment relationship and by health and safety risks.¶¶