We have read through a copy of the EU Commission’s Platform Work Directive, set to be officially announced shortly at a press conference.
Here are some of the key lines from the Directive. 🧵
Here are some of the key lines from the Directive. 🧵
“GUIDED BY THE FACTS”
On employment status, the determination shall “be guided primarily by the facts relating to the actual performance of work and notably the remuneration of the persons performing platform work, taking into account..."
On employment status, the determination shall “be guided primarily by the facts relating to the actual performance of work and notably the remuneration of the persons performing platform 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”.
“LEGALLY PRESUMED TO BE AN EMPLOYMENT RELATIONSHIP”
“The contractual relationship between a digital labour platform that controls…the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship.”
“The contractual relationship between a digital labour platform that controls…the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship.”
Digital labuour platform "control" is defined as at least two of the following:
"a) effectively determining, or setting upper limits for the level of remuneration;
"(b) requiring the person performing platform work to respect specific binding rules with regard to..."
"a) effectively determining, or setting upper limits for the level of remuneration;
"(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;
"c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;
"c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;
"(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;"
"(e) effectively restricting the possibility to build a client base or to perform work for any third party."
“BURDEN OF PROOF SHALL BE ON THE DIGITAL LABOUR PLATFORM”
“Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law…the burden of proof shall be on the digital labour platform.”
“Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law…the burden of proof shall be on the digital labour platform.”
In relation to algorithmic management of platform work, key lines inc:
RIGHT TO KNOW
“Member States shall require digital labour platforms to inform platform workers of: (a) automated monitoring systems which are used to monitor, supervise or evaluate the work performance..."
RIGHT TO KNOW
“Member States shall require digital labour platforms to inform platform workers of: (a) automated monitoring systems which are used to monitor, supervise or evaluate the work performance..."
"...of platform workers through electronic means; (b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions”
HUMAN MONITORING
“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…on working conditions.”
“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…on working conditions.”
RIGHT TO AN EXPLANATION
"Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision-making system that significantly affects the platform worker’s..."
"Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision-making system that significantly affects the platform worker’s..."
"..working conditions...In particular, Member States shall ensure digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss & to clarify the facts, circumstances & reasons having led to the decision.”
RIGHT TO REVIEW
“Where platform workers are not satisfied with the explanation or the written statement of reasons obtained...they shall have the right to request the digital labour platform to review that decision.”
“Where platform workers are not satisfied with the explanation or the written statement of reasons obtained...they shall have the right to request the digital labour platform to review that decision.”
We will be bringing you more coverage of the #platformworkdirective across the day, including all the reaction.
If you want to give us your reaction to the directive, send us a direct message or e-mail GEP@Braveneweurope.com, and we'll do our best to publish it.
If you want to give us your reaction to the directive, send us a direct message or e-mail GEP@Braveneweurope.com, and we'll do our best to publish it.
You can find the report online here: ec.europa.eu/commission/pre…
More about what's in the platform work directive in our report: braveneweurope.com/eu-commission-…
And all the reaction from unions, academics and platforms here: braveneweurope.com/gig-economy-pr…
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