[co-author: Weronika Kobylarz]
On 24 April 2024, a large majority of MEPs voted in favour of new legislation aimed at improving the working conditions for workers on online platforms. The legislation now requires the formal approval of the Council of the EU. Once the Directive has been published in the Official Journal of the EU, Member States will be obliged to incorporate the provisions of the Directive into their national legislation within 2 years.
What is platform work?
Platform work is work that is carried out through digital labour platforms which is one of the types of work carried out over the Internet. Platform work can be performed both online or “on-location” where the role of the platform (application) is to connect customers with service providers. In Poland, we generally deal with offline work which mainly includes on-demand passenger transport and the on-demand food delivery market. According to the European Commission's 2021 study, there are already more than 500 digital platforms active in the EU market. About 28 million people work through digital labour platforms, and by 2025, their number is expected to reach 42 million.
Who are the participants in a labour platform?
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individuals or entities requesting the provision of a well-defined labour service (crowd-sourcer),
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those interested in providing such a service (crowd-worker), and
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the digital labour platform that mediates the relationship between them.
Purpose of the Directive
The new regulation aims at improving the working conditions of those who provide work through digital labour platforms, especially those who work under conditions of “bogus” self-employment. In addition, the regulation also covers the use of algorithms in the workplace.
Presumption of an employment relationship
The legal presumption of an employment relationship should be applied to a person performing platform work if he/she works under conditions which indicate control and direction, taking into account the law and practice of the Member State concerned (the previously mentioned five criteria for establishing an employment relationship are no longer present in the current draft directive).
The burden of proof will lie with the platform, meaning that it will be up to the platform to prove that there is NO employment relationship.
Algorithmic management
The new regulations ensure that a person performing platform work cannot be dismissed on the sole basis of a decision made by an algorithm or an automated decision-making system. Human oversight is required for key decisions that directly affect the people working on the platform.
Privacy and data protection
The new directive will introduce rules to better protect the personal data of platform workers. Digital labour platforms will not be allowed to process, among other things, data on emotional states, personal beliefs, migration status, or private conversations with other digital platform workers.
How is Poland going to deal with platform work? The list of directives to be implemented is great, and the platform work directive will soon join it.
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