Changes from report parliamentary committee draft to plenary report

Change 31

ChangedArticle 6 – paragraph 5 c (new): 5c. Member States shall ensure that digital labour platforms provide platform workers enjoywith thean rightinterface and tools to facilitate effective, machine-readable data portability,portability includingthat reputationalis data,free (andof thecharge, rightincluding notwith toregard transportto thosereputational data),data, the right to rectification, to erasure and to be forgottenforgotten, in accordance with Regulation (EU) 2016/679. Platform workers shall also have the right not to have those data transferred.

Change 32

RemovedArticle 6 – paragraph 5 d (new): 5d. A worker's informed consent shall not replace the obligations set out in this Article.

AddedArticle 6 a (new): Article 6a / Confidential information / 1. Member States shall provide that, in the context of information and consultation processes and subject to the conditions and limits laid down by Union and national law and to objective criteria, representatives of persons performing platform work and any experts who assist them are not authorised to reveal any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. / This paragraph shall not apply to: / (a) communication between workers’ representatives and European, national or local works councils and the competent recognised trade union organisations on information that may affect the jobs or the working conditions of workers; / (b) information concerning elements that may affect the rights protected by this Directive. / 2. The digital labour platform shall specify to the workers’ representatives the objective criteria used to decide on the confidential nature of the information, as well as how long the confidentiality applies. Member States shall determine by law the list of such objective criteria and shall ensure that workers representatives have the possibility of reviewing the classification of a matter by means of an urgent administrative or judicial decision.

Change 33

ChangedArticle 7 – title: Human oversight of automated or semi-automated systems

Change 34

ChangedArticle 7 – paragraph 1: 1. Member States shall ensure that digital labour platforms regularly oversight and evaluate the impact of individual decisions taken or supported by automated or semi-automated monitoring and decision-making systems, as referred to in Article 6(1), on-1 working(new): conditions.-1. Member States shall ensure that digital labour platforms provide for human oversight of all decisions affecting working conditions, health and safety or introducing changes to the agreed terms of the employment relationship.conditions.

Change 35

ChangedArticle 7 – paragraph 21: –1. pointMember a:States (a)shall avoidensure that digital labour platforms, with the risks,involvement orof evaluateworkers’ representatives oversee and preventcarry theout risksan thatassessment, cannotregularly beand avoidedat least annually, of automatedthe orimpact semi-automatedof monitoringindividual anddecisions decision-makingtaken systemsor tosupported theby safetyautomated monitoring and healthdecision-making ofsystems, platformas workers,referred includingto asin regardsArticle possible6(1), riskson ofworking work-relatedconditions, accidents,health psychosocialand safety and ergonomicfundamental risks;rights.

Change 36

RemovedArticle 7 – paragraph 2 – point a a (new): (aa) evaluate the risk of discrimination resulting from decisions taken by those systems;

AddedArticle 7 – paragraph 2 – subparagraph 1 – point a: (a) avoid the risks, or evaluate and combat the risks that cannot be avoided, of automated monitoring and decision-making systems to the safety and health of platform workers, including as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

RemovedArticle 7 – paragraph 2 – subparagraph 1: They shall not use automated or semi-automated monitoring and decision-making systems in any manner that puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.

AddedArticle 7 – paragraph 2 – subparagraph 1 – point a a (new): (aa) evaluate the risk of discrimination resulting from decisions taken by those systems, including in replicating gender, racial and other social biases in the selection and treatment of different groups;

RemovedArticle 7 – paragraph 2 a (new): 2a. Digital labour platforms shall consult platform workers andworkers’representatives and allow them to take part in discussions on all questions relating to safety and health at work. In particular, digital labour platforms shall consult platform workers and workers’ representatives with regard to the planning and introduction of new technologies. Where automated or semi-automated monitoring and decision-making systems are in use, digital labour platforms shall periodically, and at least once a year, inform and consult workers’ representatives with regard to the matters referred to in paragraph 2.

AddedArticle 7 – paragraph 2 – subparagraph 1 – point c: (c) introduce appropriate preventive, corrective and protective measures.

RemovedArticle 7 – paragraph 3: 3. Member States shall require digital labour platforms to ensure sufficient human resources for overseeing the impact of individual decisions taken or supported by automated or semi-automated monitoring and decision-making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring shall have the necessary competence, training and authority to exercise that function, including influencing and revertingautomated decision. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated or semi-automated decisions or suggestions for decisions.

AddedArticle 7 – paragraph 2 a (new): 2a. The impact assessment referred to in paragraph 1 shall include the matters referred to in paragraphs 1 and 2 and shall be submitted to the competent labour and data protection authorities, and to workers’ representatives.

RemovedArticle 8 – title: Human review of decisions

AddedArticle 7 – paragraph 2 b (new): 2b. If the impact assessment referred to in paragraph 1 finds risks to health and safety or fundamental rights that cannot be avoided nor mitigated, as referred to in paragraph 2, the digital labour platform shall immediately cease the use of the automated system.

RemovedArticle 8 – paragraph 1 – introductory part: 1. 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 or semi-automated decision-making system that affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

AddedArticle 7 – paragraph 2 c (new): 2c. Digital labour platforms shall not use automated monitoring and decision-making systems in any manner that puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.

Change 37

ChangedArticle 87 – paragraph 13: –3. subparagraphMember 1:States Digitalshall require digital labour platforms shall provideto theensure platformsufficient workerhuman withresources afor writteneffective statementoversight of the reasonsimpact forof anyindividual decisiondecisions taken or supported by an automated ormonitoring semi-automatedand decision-making systemsystems toin restrict,accordance suspendwith orthis terminateArticle. The persons charged by the digital labour platform worker’swith account,the anyfunction decisionof tocarrying refuseout the remunerationassessment forreferred workto performedin bythis theArticle platformand worker,of anyoverseeing decisionor onreviewing thedecision-making platformtaken worker’sor contractualsupported statusby orautomated anymonitoring decisionor implyingautomated adecision-making changesystems inshall have the agreednecessary termscompetence, oftraining and authority to exercise that function, including the employmentpossibility relationshipof orintervening withon similarand effects.reverting Thosethose decisionsdecisions. shallThey beshall takenenjoy inprotection accordancefrom withdismissal, nationaldisciplinary lawmeasures or practiceother andadverse collectivetreatment agreements.for overriding automated decisions or suggestions for decisions.

Change 38

RemovedArticle 8 – paragraph 2 – introductory part: 2. Platform workers and workers’ representatives shall have the right to request the digital labour platform to review the decisions referred to in paragraph 1. The digital labour platform shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one week of receipt of the request.

AddedArticle 7 – paragraph 3 a (new): 3a. Where an impact assessment as referred to in paragraph 1 is found to be non-compliant with this Article, the relevant health and safety, data protection, labour and other competent authorities shall take coordinated measures to enforce those provisions.

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, offer adequate compensation, which is increased in the case of an infringement of the fundamental rights of the platform worker.

AddedArticle 8 – title: Human review of decisions significantly affecting working conditions

RemovedArticle 8 – paragraph 4: 4. This Article shall be without prejudice to dismissal procedures laid down in national law or practice and collective agreements.

AddedArticle 8 – paragraph 1 – subparagraph 1: Member States shall ensure that platform workers have the right to receive 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, as referred to in Article 6(1), point (b). The explanation shall be presented in a transparent and intelligible manner, using clear and plain language in due time and at the latest on the first day of application of the decision. In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

RemovedArticle 9 – paragraph 1: 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’ representativesor, 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. Social partners shall conduct effective consultations in good faith and foster social dialogue on those issues in order to codetermine them.

AddedArticle 8 – paragraph 1 – subparagraph 2: Digital labour platforms shall provide the platform worker in due time and at the latest on the first day of application with a written statement of the reasons for any decision supported by an automated decision-making system to restrict access to work assignments, or to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status, any decision producing an effect on the agreed terms of the employment relationship or any decision with similar effects. Those decisions shall be taken in accordance with national law or practice and applicable collective agreements.

RemovedArticle 9 – paragraph 3: 3. The platform workers’ and 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.

AddedArticle 8 – paragraph 2 – subparagraph 1: Platform workers and workers’ representatives shall have the right to request the digital labour platform to review the decisions referred to in paragraph 1. The digital labour platform shall respond to such request by providing the platform worker with a sufficiently precise and adequately substantiated reply without undue delay and in any event within two weeks of receipt of the request.

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

AddedArticle 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 10 – paragraph 1: 1. Articles 6, 7, 8 and 15 shall also apply to persons performing platform work who do not have an employment contract or employment relationship for those aspects that can apply to genuine self-employed and without prejudice to the full and effective application of Articles 3 and 4.

AddedArticle 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 10 a (new): Article 10a / Workers subject to automated or semi-automated monitoring and decision-making systems / Articles 6, 7, 8 and 9 shall also apply to any worker, irrespective of status, subject to automated or semi-automated monitoring and decision-making systems and to any undertaking that uses automated or semi-automated monitoring and decision-making systems.

AddedArticle 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 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 persons performing platform work , and their employment status to the competent labour, tax and social protection authorities of the Member State in which the work is performed 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.

AddedArticle 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 11 – paragraph 1 a (new): Member States shall apply effective and dissuasive sanctions to digital labour platforms that fail to comply with the obligations referred to in paragraph 1, including the suspension of the licence to operate in cases of persistent infringements.

AddedArticle 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 12 – paragraph 1 – introductory part: 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:

AddedArticle 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 12 – paragraph 1 – point a: (a) the number of persons performing platform work through the digital labour platform and their contractual or employment status;

AddedArticle 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 12 – paragraph 1 – point a a (new): (aa) a copy of the employment contracts, in accordance with Regulation (EU) 2016/679;

AddedArticle 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 12 – paragraph 1 – point b: (b) the general terms and conditions applicable to those contractual relationships.

AddedArticle 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.

RemovedArticle 12 – paragraph 3: 3. Labour, social protection and other relevant authorities and workers 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 within one month by providing a substantiated reply.

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

Change 39

ChangedArticle 1210 a (new): Article 12a10a / CooperationPromotion of collective bargaining in crossborderplatform caseswork / 1. TheIn competentaccordance labour,with socialnational protectionlaw and tax authorities shallpractice, exchangeMember informationStates, with respectthe toinvolvement personsof performingthe platformsocial workpartners, inshall apromote Membercollective Statebargaining differentin fromplatform thatwork, inincluding whichon the digitalfeatures labourof platformautomated ismonitoring established.and Todecision-making thatsystems, end,in aorder specificto moduleimprove forworking theconditions, exchangeby all of informationthe onfollowing: the/ relevant(a) aspectsensuring ofthat cross-borderdigital personslabour performingplatforms, platformtaking workinto shallaccount bethe setsize upand incapacity of the Commission’sundertaking Internalconcerned, Marketprovide Informationworkers’ System.representatives /with 2.relevant Forinformation casesin havingorder ato cross-borderexercise relevance,their theright Europeanto Labourcollective Authoritybargaining; shall/ facilitate(b) andensuring supportthat cooperationtrade betweenunions have the competentright nationalto authoritiesaccess inplatform chargeworkers, ofto monitoringmeet and contact workers individually or collectively for the enforcementpurpose of labour mobilityorganising andworkers, socialnegotiating securityon coordinationtheir legislation,behalf asand wellrepresenting asthem; to/ tackle(c) undeclaredproviding work,measures in particularorder to supportensure that the provisionright of information tocollective employersbargaining and workersaction asis regardsnot toundermined theirby rightsany andpractice. obligations/ stemming2. fromThis UnionDirective law,shall promotebe enhancedwithout cooperationprejudice andto exchangethe full respect for the autonomy of informationthe betweensocial Memberpartners, States,as andwell coordinateas andto supporttheir concertedright to negotiate and jointconclude inspections.collective agreements.

Change 40

RemovedArticle 12 b (new): Article 12b / Subcontracting liability / 1. In order to tackle fraud and abuse with regard to the provisions of this Directive, Member States may, after consulting the relevant social partners in accordance with national law or practice, take additional measures on a non–discriminatory and proportionate basis in order to ensure that, in the event of a subcontracting chain, platform workers have an effective remedy whereby the digital labour platform of which the employer (service provider) is a direct subcontractorcan be held liable, in addition to or in the place of the employer, with respect to any outstanding net remuneration corresponding to the minimum rates of pay and contributions due to the common funds or institutions of social partners. / 2. Member States shall provide for measures to ensure that in subcontracting chains posted workers have an effective remedy whereby the digital labour platform of which the employer is a direct 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. / 3. The liability of digital labour platforms under this Article shall be limited to worker's rights acquired under the contractual relationship between the contractor and the subcontractor. / 4. 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…

AddedArticle 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.

Change 41

ChangedArticle 1312 – paragraph 1: Without1. prejudiceWhere tolabour, Articleshealth 79and safety, social protection and 82other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of Regulationpersons (EU)performing 2016/679platform work and Articlewhere 13(1)the representatives of Directivepersons 2009/52/EC,performing platform work, exercise their representative functions, Member States shall ensure that personsdigital performinglabour platformplatforms work,make includingthe thosefollowing whoseinformation employmentavailable orto otherthem, contractualregardless relationshipof hasthe ended,country havein accesswhich tothe appropriate,platform speedy,is freeestablished: / (a) the number of charge,persons fairperforming andplatform efficientwork proceduresthrough the digital labour platform concerned and mechanismstheir forcontractual settlingor disputesemployment regardingstatus; the/ existence(aa) anda termscopy of anthe employment relationshipcontracts, andin effectiveaccordance andwith impartialRegulation dispute(EU) resolution2016/679; / (b) the general terms and aconditions rightapplicable to redress,those includingcontractual adequaterelationships; compensation,/ in(ba) the caseaverage duration of infringementsactivity, the average weekly number of theirhours rightsworked arisingper person and the average income from thisactivity Directive.of persons performing platform work on a regular basis through the digital labour platform concerned.

Change 42

RemovedArticle 14 – title: Procedures on behalf or in support of persons performing platform work and workers subject to automated or semi-automated monitoring or decision-making systems

AddedArticle 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 14 – paragraph 1: 1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Article 13(2)of Directive 2009/52/EC and in accordance with Directive 2002/14/EC, Member States shall ensure that trade unions or representatives of persons performing platform work or workers subject to automated or semi-automated monitoring or decision-making systems 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 or a worker subject to automated or semi-automated monitoring or decision-making systems 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.

AddedArticle 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 14 – paragraph 2: 2. Trade unions or representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval where relevant and in accordance with national law or practice.

AddedArticle 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 14 – paragraph 2 a (new): 2a. Paragraphs 1 and 2 shall apply without prejudice to other competences and collective rights of the social partners and workers’ representatives, where applicable, including the right to take action on behalf of a collective interest, in accordance with national law or practice.