A provisional agreement has been reached at EU level, on a new law that will improve the working conditions of platform workers.
The Platform Work Directive will ensure correct classification of the employment status of people performing platform work. Moreover, it will be the first set of EU-rules that regulate the use of algorithmic management and artificial intelligence in the workplace.
The new rules introduce a presumption of an employment relationship that is triggered when two out of a list of five indicators of control. These indicators include:
- upper limits on the amount of money workers can receive;
- supervision of their performance, including by electronic means;
- control over the distribution or allocation of tasks;
- control over working conditions and restrictions on choosing working hours; and
- restrictions on their freedom to organise their work and rules on their appearance or conduct.
This presumption can be challenged by the platform, should it show that the contractual relationship with the platform worker not be one of employment.
The new rules propose that platform workers are to be given access to information on how the algorithms work and how their behaviour will affect decisions taken by automated systems. Platforms will also need to assess the impact of decisions taken by such automated systems and will be prohibited from taking certain important decisions (such as termination), without human intervention. The new rules will also forbid platforms from processing certain types of personal data.
Moreover, the directive will clarify reporting obligations for platforms to national authorities. Platforms will be required to disclose certain key information about their business and work force to national authorities.?
These proposed rules give employment rights and protections to platform workers within the EU and ensure transparency and accountability for algorithms.
The proposed rules will now need to be formally adopted by both Parliament and Council to enter into force.
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