Employment status
The new law introduces a presumption of an employment relationship (as opposed to self-employment) that is triggered when facts indicating control and direction are present, according to national law and collective agreements, and taking into account EU-case law.
The directive obliges EU countries to establish a rebuttable legal presumption of employment at national level, aiming to correct the imbalance of power between the platform and the person performing platform work. The burden of proof lies with the platform, meaning that it is up to the platform to prove that there is no employment relationship. When a platform wants to rebut the presumption, it is up to them to prove that the contractual relationship is not an employment relationship.
New rules on algorithmic management
The new rules ensure that a person performing platform work cannot be fired or dismissed based on a decision taken by an algorithm or an automated decision making system. Instead, platforms must ensure human oversight on important decisions that directly affect the persons performing platform work.
Transparency and data protection
The directive introduces rules that protect platform workers’ data more robustly. Platforms will be forbidden from processing certain types of personal data, such as on personal beliefs and private exchanges with colleagues. Finally, the text improves transparency by obliging platforms to inform workers and their representatives of how their algorithms work and how a worker’s behaviour affects decisions taken by automated systems.
Source: European Parliament
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