Changes from plenary report to adopted text

RemovedArticle 8 – paragraph 2 – subparagraph 2: With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that that deadline is extended to one month.

RemovedArticle 8 – paragraph 3: 3. Where the decision referred to in paragraph 1 infringes the platform worker’s rights, the digital labour platform shall rectify that decision without delay or, where such rectification is not possible, provide adequate compensation, which shall be proportionate to the gravity of the infringement.

RemovedArticle 8 – subparagraph 4: 4. This Article shall be without prejudice to dismissal procedures or any other disciplinary procedures laid down in national law, practice or applicable collective agreements.

RemovedArticle 9 – paragraph 1: 1. Without prejudice to the rights and obligations under Directives 89/391/EEC, 2002/14/EC and 2009/38/EC, Member States shall ensure timely information and effective consultation of platform workers and workers’ representatives on decisions likely to lead to the introduction of or substantial changes affecting working conditions and health and safety in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. When defining or implementing practical arrangements for information and consultation, the digital labour platform and the workers’ representatives shall work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the digital labour platform and of the workers.

RemovedArticle 9 – paragraph 2: 2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (f) and (g), of Directive 2002/14/EC shall apply. The rules laid down in Article 4(1), (3) and (4), and Article 7 of Directive 2002/14/EC shall apply accordingly.

RemovedArticle 9 – paragraph 2 a (new): 2a. Digital labour platforms shall provide the information referred to in Article 6(1), (2), (5a) and (5b) and Article 7 to workers’ representatives with sufficient time as to allow a thorough examination and effective consultation. For newly deployed automated systems, the consultation shall take place prior to their use and before any changes affecting working conditions, the organisation of work or the monitoring of work performance.

RemovedArticle 9 – paragraph 3: 3. The platform workers representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 250 workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

RemovedArticle 9 – paragraph 3 a (new): 3a. Information and effective consultation shall be ensured irrespective of the automated monitoring and decision-making systems being managed by the digital labour platform or a service provider which sells its management services to the platform.

RemovedArticle 10 – paragraph 1: 1. Articles 6, 7, 8 shall also apply to persons performing platform work who do not have an employment contract or employment relationship.

RemovedChapter III a (new) – title: Chapter IIIa / PROMOTION OF COLLECTIVE BARGAINING

RemovedArticle 10 a (new): Article 10a / Promotion of collective bargaining in platform work / 1. In accordance with national law and practice, Member States, with the involvement of the social partners, shall promote collective bargaining in platform work, including on the features of automated monitoring and decision-making systems, in order to improve working conditions, by all of the following: / (a) ensuring that digital labour platforms, taking into account the size and capacity of the undertaking concerned, provide workers’ representatives with relevant information in order to exercise their right to collective bargaining; / (b) ensuring that trade unions have the right to access platform workers, to meet and contact workers individually or collectively for the purpose of organising workers, negotiating on their behalf and representing them; / (c) providing measures in order to ensure that the right of collective bargaining and action is not undermined by any practice. / 2. This Directive shall be without prejudice to the full respect for the autonomy of the social partners, as well as to their right to negotiate and conclude collective agreements.

RemovedArticle 11 – paragraph 1: Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms to declare work performed by platform workers to the competent labour, tax and social protection authorities of the Member State in which the work is performed, to inform those authorities of work performed by persons performing platform work, and their employment status and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned, also in order to comply with their fiscal and social protection obligations in accordance with national law or practice.

RemovedArticle 12 – paragraph 1: 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, regardless of the country in which the platform is established: / (a) the number of persons performing platform work through the digital labour platform concerned and their contractual or employment status; / (aa) a copy of the employment contracts, in accordance with Regulation (EU) 2016/679; / (b) the general terms and conditions applicable to those contractual relationships; / (ba) the average duration of activity, the average weekly number of hours worked per person and the average income from activity of persons performing platform work on a regular basis through the digital labour platform concerned.

RemovedArticle 12 – paragraph 3: 3. Labour, social protection and other relevant authorities and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request by providing a substantiated reply without undue delay and in any event within one month of receipt of the request. That deadline shall be extended to two months for micro and small enterprises.

RemovedArticle 12 a (new): Article 12a / Cooperation in cross-border cases / 1. The competent labour, social protection and tax authorities shall exchange information with respect to persons performing platform work in a Member State different from that in which the digital labour platform is established. To that end, competent national authorities shall be able to rely on existing relevant systems for exchange of information, including the Commission’s Internal Market Information System and EURES. / 2. Without prejudice to Regulation (EU) 2019/1149, for cases having a cross-border relevance, the European Labour Authority shall facilitate and support cooperation between the competent national authorities in charge of monitoring the enforcement of labour mobility and social security coordination legislation, as well as to support cooperation between Member States in tackling undeclared work, facilitate access to information on rights and obligations regarding labour mobility across the Union, including those stemming from Union law, promote effective cooperation and exchange of information between Member States, and coordinate and support concerted and joint inspections, where requested by one or more Member States.

RemovedArticle 12 b (new): Article 12b / Subcontracting liability / 1. Member States shall, after consulting the relevant social partners in accordance with national law and practice, provide for measures to ensure that in subcontracting chains persons performing platform work have an effective remedy whereby the digital labour platform of which the employer is a subcontractor can be held liable, in addition to or in the place of the employer, for any infringement of the platform workers' rights provided for in this Directive, including with respect to any outstanding remuneration and contributions due to the common funds or institutions of the social partners. / 2. The liability of digital labour platforms under this Article shall be limited to worker's rights acquired during the contractual relationship between the contractor and the subcontractor. / 3. Member States may, in accordance with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis with regard to the scope and range of subcontracting liability. / 4. Without prejudice to paragraphs 1, 2 and 3, Member States may take other appropriate enforcement measures, in accordance with Union and national law and practice, which provide for, in a subcontracting relationship, effective and proportionate penalties against the contractor, to tackle fraud and abuse in situations when workers have difficulties in obtaining their rights.

RemovedArticle 13 – paragraph 1: 1. Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679 and Article 13 of Directive 2009/52/EC, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to appropriate, timely, , effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Access to such dispute resolution and right to redress shall be free of charge, at least for workers who do not have sufficient means.

RemovedArticle 13 – paragraph 1a (new): 1a. Member States shall ensure that persons performing platform work have the right to lodge a complaint with the competent supervisory authority.

RemovedArticle 14 – paragraph 1: 1. Without prejudice to Article 80 of Regulation (EU) 2016/679 and Article 13 of Directive 2009/52/EC, and in accordance with Directive 2002/14/EC, Member States shall ensure that representatives of persons performing platform work or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval where relevant and in accordance with national law or practice.

RemovedArticle 14 – paragraph 2: 2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, in accordance with national law or practice.

RemovedArticle 14 – paragraph 2 a (new): 2a. Paragraphs 1 and 2 shall apply without prejudice to the competences of trade unions as set out in national law or practice.

RemovedArticle 14 – paragraph 2 b (new): 2b. Paragraphs 1 and 2 shall apply without prejudice to national rules of procedure concerning representation and defence in court proceedings.

RemovedArticle 15 – title: Communication and reporting channels for persons performing platform work

RemovedArticle 15 – paragraph 1: 1. Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate privately and securely with each other, and to be contacted by trade unions and representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means in visible and immediately accessible way, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing such channels other than for their functional maintenance or from accessing or monitoring those contacts and communications.

RemovedArticle 15 – paragraph 1 a (new): 1a. In order to safeguard persons performing platform work from violence, including gender-based violence and harassment, Member States shall take the necessary measures to ensure that digital labour platforms develop policies against violence and harassment and take preventative measures, in particular by creating, with the involvement of representatives of persons performing platform work, effective reporting channels through the digital labour platforms, digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Digital labour platforms shall ensure that the privacy of those individuals and the confidentiality of the reports are duly protected. Member States shall require digital labour platforms to have effective and timely preventative and protective measures and investigation mechanisms to address such reports.

RemovedArticle 16 – paragraph 1: 1. Member States shall ensure that in proceedings concerning the provisions of this Directive, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, irrespective of where the digital labour platform is established and of whether the automated monitoring and decision-making systems is managed by the digital labour platform or a service provider which sells its management services to the platform.

RemovedArticle 17: 1. Member States shall introduce the measures necessary to protect persons performing platform work, including those who are their representatives, from any adverse treatment by the digital labour platform and from any adverse consequences resulting from a complaint lodged with the digital labour platform resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive. / 1a. Digital labour platforms shall refrain from any act or omission that could directly or indirectly undermine the right of association or to join a trade union or the right of collective bargaining and action, or which discriminates against workers and trade union representatives who participate or wish to participate in collective bargaining.

RemovedArticle 18 – paragraph 1: 1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, including a suspension of the account, of persons performing platform work, on the grounds that they have exercised the rights provided for in this Directive.

RemovedArticle 19 – paragraph 1: 1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Article 6, Article 7(1) and (3) and Articles 8, 10 and 15 of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679, together with national labour authorities. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall be competent to impose administrative fines up to the amount referred to in Article 83 (4), (5) and (6) of that Regulation.

RemovedArticle 19 – paragraph 2: 2. The authorities referred to in paragraph 1 and national social protection authorities shall, where relevant, cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including in cross-border situations and including information obtained in the context of inspections or investigations, either upon request or at their own initiative.

RemovedArticle 19 – paragraph 3: 3. Member States shall lay down the rules on penalties, including financial penalties, applicable to infringements of national provisions adopted pursuant to provisions of this Directive other than those referred to in paragraph 1 or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties provided for shall be effective, proportionate and dissuasive.

RemovedArticle 19 – paragraph 3 a (new): 3a. The penalties referred to in paragraph 3 shall include financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees. / In the case of infringements related to digital labour platforms’ refusal to comply with a legal ruling determining the employment status of persons performing platform work, Member States shall provide for significant financial penalties, equivalent to those related to infringements of Regulation (EU) 2016/679, which may include setting a percentage of the digital labour platform’s total annual turnover in the preceding financial year.

RemovedArticle 19 – paragraph 3 b (new): 3b. The penalties referred to in paragraph 3 may, where appropriate, include: / (a) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including Union funds managed by the relevant Member States, for a period of up to three years; / (b) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU of the European Parliament and of the Council1a. / 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

RemovedArticle 20 – paragraph 2: 2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive.

RemovedArticle 20 a (new): Article 20a / Dissemination of information / Member States shall ensure that the national measures transposing this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1, are brought to the attention of persons performing platform work and digital labour platforms, including SMEs as well as to the general public. That information shall be provided in a comprehensive and easily accessible way, including to persons with disabilities and where necessary in the most relevant language(s), as determined by the Member State concerned.