#PlatformWork 🇪🇸 draft law has a single article and two main provisions. After several months of social dialogue, it seems that the Government and social partners have managed to agree on a final text, “inspired” by the reasoning in a major ruling issued by the Supreme Court 1/3
1. Workers have the right to be informed about AI- or algorithm-fueled metrics, rules & instructions, which produce decisions concerning working conditions, access and retention of work, including profiling (expansive transposition of art 22 GDPR on automated decision-making)
2/3
2. Special rebuttable presumption of employment status: All personal activities consisting in the delivery of goods in exchange for a remuneration and under the direct, indirect or implicit direction of a firm using algorithms or platform fall within the scope of the law
3/3
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We review the social acquis of both institutions and concentrate on the key analogies. They advocate towards building an adaptable labour market and securing the rights of non-standard workers, who are often excluded from the scope of labour and social protection
Over the last years, these institutions have acknowledged the vast potential brought about by technological progress, but also the urgency to ‘correct’ negative externalities that lead to profound vulnerabilities, social exclusion, and political resentment