Sittings · Document
On the proposal for a directive of the European Parliament and of the Council Improving working conditions in platform work
Committee on Transport and Tourism · Rapporteur: Marianne Vind
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 low-skilled platform-determined on-location work such as driving and delivery services, where platform work has increased significantly due to the COVID-19 pandemic. 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. |
Or. en
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, while also carrying 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 and semi-automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms, which has become an integral and rapidly growing part of the European transport and tourism sectors. However, the architecture, or the business model design, of digital labour platforms has significant consequences for workers and certain choices implemented by digital labour platforms to create a successful business model may lead to adverse working conditions and worker exploitation. |
Or. en
Amendment 3
Proposal for a directive
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) The COVID-19 pandemic has significantly increased the growth rate of precarious self-employment in the digital labour platform industry, particularly for low-skilled platform-determined on-location work, including driving and delivery. The pandemic has also 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. |
Or. en
Amendment 4
Proposal for a directive
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Individuals performing low-skilled platform-determined on-location work in the European transport and tourism sectors are, besides the typical risks of online and offline work, such as fatigue, stress and exhaustion, exposed to psychosocial risks due to the precariousness of the platform work, such as pressure due to online monitoring, rating, and tight deadlines. Furthermore, they often lack safety equipment and training. |
Or. en
Amendment 5
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. 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 can also lead to tax avoidance and evasion, labour exploitation, unfair competition, social dumping and 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, especially in the European transport and tourism sectors in which there often are direct competition between digital platforms and their traditional counterparts. |
Or. en
Amendment 6
Proposal for a directive
Recital 16 a (new)
| Text proposed by the Commission | Amendment |
| (16a) This Directive should apply, for the provisions on algorithmic management, to all workers subject to automated or semi-automated monitoring and decision-making systems in relation to their working conditions or the organisation of their work, for example for workers in the transport and tourism sectors. |
Or. en
Amendment 7
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. |
Or. en
Amendment 8
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 where the use of undeclared work through rented identities in delivery platforms has been evidenced in several Member State. 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. |
Or. en
Amendment 9
Proposal for a directive
Recital 30 a (new)
| Text proposed by the Commission | Amendment |
| (30a) The use of algorithmic scheduling systems heightens the use of precarious, short shifts and 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. This is particularly true for freight transport and delivery services. |
Or. en
Amendment 10
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. |
Or. en
Amendment 11
Proposal for a directive
Recital 53 a (new)
| Text proposed by the Commission | Amendment |
| (53a) In addition to the obligations established under the present directive, the Commission and the Member States should support and encourage platform companies to develop training and professional development pathways in order to broaden professional options of people working through these platforms. This is of particular relevance for the for low-skilled platform-determined on-location work, including driving and delivery. |
Or. en
Amendment 12
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 ensure fair and just working conditions, which respects the health, safety and dignity of the persons performing platform work, especially in the European transport and tourism sectors and particularly for low-skilled platform-determined on-location work, such as driving and delivery services, where platform work has increased significantly due to the COVID-19 pandemic. 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. |
Or. en
Amendment 13
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) ‘automated or semi-automated monitoring and decision-making systems’ means any system, software, or process that involves the use of data, machines and algorithms to make decisions or uses computations to aid or replace management decisions or policy that impact work organisation, opportunities, access, freedoms, rights and safety of workers. |
Or. en
Amendment 14
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Digital labour platforms exerting the prerogatives of employers are undertakings and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity. Platform workers shall fully enjoy the status of worker in line with national law and sectorial collective agreements, including the right to join a trade union, to organise, and bargain collectively. |
Or. en
Amendment 15
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(1), on working conditions. | 1. Member States shall ensure that all decisions that have an impact on working conditions, health and safety and on the contractual relationship shall not be taken by automated or semi-automated monitoring and decision-making systems and shall be taken in line with national law and collective agreements. |
Or. en
Amendment 16
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 changes affecting working conditions and health and safety in the use of automated or semi-automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. |
Or. en
Amendment 17
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: |
Or. en
Amendment 18
Proposal for a directive
Article 15 a (new)
| Text proposed by the Commission | Amendment |
| Article 15a | |
| Promotion of collective bargaining in platform work | |
| 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’ representatives have the right to access platform workers. |
Or. en
Amendment 19
Proposal for a directive
Article 18 a (new)
| Text proposed by the Commission | Amendment |
| Article 18a | |
| Access to training and upskilling | |
| The Commission and the Member States should support and encourage platform companies to develop training and professional development pathways in order to broaden professional options of people working through these platforms. |
Or. en