Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 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.

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RemovedArticle 15 – paragraph 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 with each other, and to be contacted by workers’ 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 or monitoring those contacts and communications and shall provide for adequate sanctions in this regard, in accordance with national law.

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

RemovedArticle 15 a (new): Article 15a / Promotion of collective bargaining in platform work / Without prejudice to the full respect of the autonomy of social partners, Member States shall promote collective bargaining in platform work in order to tackle working conditions by both 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; / (b) ensuring that workers’ representatives have the right to access platform workers, to meet and contact workers individually or collectively for the purpose of organising workers, negotiating wages on theirbehalf and representing them. / Digital labour platforms shall refrain from any act or omission that could directly or indirectly undermine the right to unionise or to join a trade union, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining.

AddedArticle 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 16 – paragraph 1: 1. Member States shall ensure that in proceedings concerning a claim regarding correct determination of the employment status of persons performing platform work, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, regardless of where the digital labour platform is established and where the platform commissions contractors to ensure part of the algorithmic management.

AddedArticle 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.

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ChangedArticle 1716 – paragraph 1: 1. Member States shall introduce the measures necessaryensure tothat protectin personsproceedings performingconcerning platformthe workprovisions andof workersthis subjectDirective, tonational automatedcourts or semi-automated monitoring and decision- making systems, including thosecompetent whoauthorities are their representatives, from any adverseable treatmentto byorder the digital labour platform or any undertaking using automated or semi-automated monitoring and decision- makingto systemsdisclose andany fromrelevant anyevidence adversewhich consequenceslies resultingin fromtheir acontrol, complaintirrespective lodgedof withwhere the digital labour platform or the undertaking using those systems, or resulting fromis anyestablished proceedingsand initiatedof withwhether the aimautomated ofmonitoring enforcingand compliancedecision-making withsystems theis rightsmanaged providedby forthe indigital thislabour Directive.platform Theor measuresa shallservice includeprovider thewhich creationsells ofits accessiblemanagement andservices effectiveto complaintthe mechanisms.platform.

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ChangedArticle 18 – paragraph 1:17: 1. Member States shall takeintroduce the necessary measures necessary to prohibitprotect thepersons dismissalperforming orplatform itswork, equivalentincluding andthose allwho preparationsare fortheir dismissalrepresentatives, orfrom itsany equivalentadverse oftreatment personsby performingthe digital labour platform workand orfrom workersany subjectadverse toconsequences automatedresulting orfrom semi-automateda monitoringcomplaint andlodged decision-with makingthe systems,digital onlabour platform resulting from any proceedings initiated with the groundsaim thatof theyenforcing havecompliance exercisedwith 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.

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ChangedArticle 18 – paragraph 2:1: 2.1. PersonsMember performingStates platformshall worktake orthe workersnecessary subjectmeasures to automatedprohibit the dismissal or semi-automatedits monitoringequivalent, and decision-makingall systemspreparations whofor considerdismissal thator theyits haveequivalent, beenincluding dismissed,a orsuspension haveof beenthe subjectaccount, toof measurespersons withperforming equivalentplatform effect,work, on the grounds that they have exercised the rights provided for in this Directive, may request the digital labour platform or the undertaking using automated or semi-automated monitoring and decision- making systems to provide duly substantiated grounds for the dismissal or the equivalent measures. The digital labour platform or the undertaking using automated or semi-automated monitoring and decision- making systems shall provide those grounds in writing.Directive.

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RemovedArticle 18 – paragraph 3: 3. Member States shall take the necessary measures to ensure that, when persons performing platform work or workers subject to automated or semi-automated monitoring and decision- making systems referred to in paragraph 2 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the digital labour platform or the undertaking using such systems to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 1.

AddedArticle 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 18 – paragraph 6 a (new): 6a. For the purpose of paragraph 1, a extended suspension of the account of the person performing platform work shall be considered to be equivalent to dismissal.

AddedArticle 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.

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ChangedArticle 19 – paragraph 1:3: 1.3. TheMember supervisoryStates authorityshall orlay authoritiesdown responsiblethe forrules monitoringon thepenalties, applicationincluding offinancial Regulationpenalties, (EU)applicable 2016/679to shallinfringements alsoof benational responsibleprovisions foradopted monitoringpursuant theto applicationprovisions of Article 6,this ArticleDirective 7(1)other andthan (3)those andreferred Articlesto 8,in 10paragraph and1 15or of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII ofalready Regulationin (EU)force 2016/679.concerning Theythe shallrights bewhich competentare towithin imposethe administrativescope finesof upthis toDirective. theThe amountpenalties referredprovided tofor inshall Articlebe 83(5)effective, ofproportionate thatand Regulation.dissuasive.

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RemovedArticle 19 – paragraph 2: 2. The authorities referred to in paragraph 1 and national labour and 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 or semi-automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work or workers subject to algorithmic management arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.

AddedArticle 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: 3. Member States shall lay down the rules on sanctions and 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 sanctions and penalties provided for shall be effective, proportionate and dissuasive. They may take the form of fines and shall include provision for proportionate compensation.

AddedArticle 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 19 – paragraph 3 a (new): 3a. Member States shall provide for the possibility of imposing further sanctions against employers, inter alia, exclusions from entitlement to some or all public benefits, aids or subsidies, including agricultural subsidies, exclusions from public procurement procedures and recovery of some or all public benefits, aids or subsidies, including Union funding managed by Member States, that have already been granted.

RemovedArticle 19 – paragraph 3 b (new): 3b. Member States shall provide or increase financial sanctions and penalties in the case of: / (a) the number of infringements; / (b) the number of workers affected.

RemovedArticle 20 – paragraph 1: 1. This Directive shall not constitute valid grounds for reducing the level of protection already afforded to workers within Member States.

Article 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.

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AddedArticle 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.