Mathieu Gitton’s Post

Final vote on the Platform Work Directive. 🔔 Yesterday April 24th the Plenary Session of the European Parliament approved new rules to improve the working conditions of platform workers. ✒ The new rules, already agreed on by the Parliament and the Council in February, aim to ensure that platform workers have their employment status classified correctly and to correct bogus self-employment. ❗ The 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 also regulates, for the first time ever in the EU, the use of #algorithms in the workplace. A person performing platform work cannot be fired or dismissed based on a decision taken by an algorithm or an automated decision-making system: platforms must ensure #humanoversight on important decisions that directly affect platform workers. Platforms will also be forbidden from processing certain types of personal data. #platformwork #peoplelaw #sustainablework

🆕 It's official: the #𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐯𝐞 (𝐄𝐔) 𝟐𝟎𝟐𝟒/𝟐𝟖𝟑𝟏 of the #EuropeanParliament and of the #Council on improving working conditions in #platform #work 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐩𝐮𝐛𝐥𝐢𝐬𝐡𝐞𝐝 𝐨𝐧 𝟏𝟏 𝐍𝐨𝐯 𝟐𝟎𝟐𝟒 in the Official Journal of the #EU. Member-States have to transpose the #Directive into national law 𝐛𝐲 𝟐 𝐃𝐞𝐜 𝟐𝟎𝟐𝟔. The much-anticipated 𝐏𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐖𝐨𝐫𝐤 𝐃𝐢𝐫𝐞𝐜𝐭𝐢𝐯𝐞 (#𝐏𝐖𝐃) sets 𝐦𝐢𝐧𝐢𝐦𝐮𝐦 𝐫𝐢𝐠𝐡𝐭𝐬 𝐟𝐨𝐫 𝐩𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐰𝐨𝐫𝐤𝐞𝐫𝐬 with an #employment contract or #employment relationship with digital labour platforms (#DLP) (e.g., health and safety at #work, information and consultation) with a view to improving their working conditions and protecting their #personal #data. 𝐑𝐮𝐥𝐞𝐬 𝐨𝐧 𝐚𝐥𝐠𝐨𝐫𝐢𝐭𝐡𝐦𝐢𝐜 𝐦𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 aiming at protecting the process of personal data (i.e., transparency with regard to #automated #monitoring and #automated #decision-making systems, restrictions to process or collect personal data, human monitoring and review of significant decisions) apply to 𝐩𝐞𝐫𝐬𝐨𝐧𝐬 𝐩𝐞𝐫𝐟𝐨𝐫𝐦𝐢𝐧𝐠 𝐩𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐰𝐨𝐫𝐤 in the #Union, 𝐫𝐞𝐠𝐚𝐫𝐝𝐥𝐞𝐬𝐬 𝐨𝐟 𝐧𝐚𝐭𝐮𝐫𝐞, 𝐭𝐲𝐩𝐞, 𝐚𝐧𝐝 𝐝𝐮𝐫𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐮𝐚𝐥 𝐫𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩 (𝐢.𝐞., 𝐢𝐧𝐜𝐥. 𝐬𝐞𝐥𝐟-𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐝 𝐰𝐨𝐫𝐤𝐞𝐫𝐬). To new rulings positively highlight the enhanced role of social partners in implementing the key objectives and rights outlined in the #PWD, particularly those related to #algorithmicmanagement. The European legislator's intention to pressure Member-States into regulating #platform #work is evident; it will be interesting to observe how national legislations will address this.. 🔗 https://lnkd.in/djfBdMpy 👇 A compact overview of the PWD attached!

The Platform Work Directive (discussed previously on Legal Brain - link in the comments) has been adopted by the European Parliament. In plain words, the new directive says that if it looks like someone is being told what to do by a company rather than working for themselves, they'll be considered an employee. This applies based on rules in each country and agreements made by groups of workers, and also considers past cases in the EU. The directive requires that Member States need to implement the assumption that someone working through a digital platform is an employee unless proven otherwise. This is meant to make things fairer between the platform and the worker. The platform has to prove that the person isn't an employee, not the other way around. Looks like interesting times ahead! #lclegalproof #legalbrain #NewEmploymentLaw #FairWorkPractices #DigitalPlatformWorkers #EURegulations #WorkerRights #EmployeeProtection #LegalReform #LaborDirective #PlatformEconomy #BurdenOfProof https://lnkd.in/dRb5UA6F

European ministers of social affairs and employment have reached an agreement on the Platform Work Directive, aiming to improve working conditions for platform workers. This directive introduces a legal presumption that individuals working through platforms are employees, unless proven otherwise. It also imposes strict regulations on the processing of personal data and mandates transparency and human oversight in algorithmic management. Find out how this directive will impact platform-based business models and what steps companies need to take to comply with these new regulations. ➡️ 𝗥𝗲𝗮𝗱 𝘁𝗵𝗲 𝗳𝘂𝗹𝗹 𝗮𝗿𝘁𝗶𝗰𝗹𝗲 𝗼𝗻 𝗼𝘂𝗿 𝘄𝗲𝗯𝘀𝗶𝘁𝗲 𝗳𝗼𝗿 𝗺𝗼𝗿𝗲 𝗶𝗻𝘀𝗶𝗴𝗵𝘁𝘀: https://lnkd.in/e7QijmNM Written by Helene Pruymboom of Bronsgeest Deur Advocaten #PlatformWork #EmploymentLaw #DataProtection #HRCompliance #WorkplaceRegulations

How the EU Directive on Platform Work will impact employers and employees? ▶️ The EU Directive on Platform Work aims to improve the working conditions and rights of platform workers in the European Union. It sets out rules to ensure fair treatment, transparency, and protection for workers who are digitally connected to customers through online platforms. The directive also creates new rights for workers, such as access to training, information about their working conditions, and the ability to collectively negotiate with platform operators. The current draft of the directive is viewed as a big win for platform workers across the EU, but for some companies that may be affected by it the law is challenging and not entirely clear, and may mark a possible end to an era of early-days prosperity for the industry. – Marcin Sanetra comments for American Chamber of Commerce in Poland AmCham.Pl QUARTERLY. More 👉 https://lnkd.in/dVZ7zAEZ #pcs #HR #law

The EU's latest directive on platform work is set to revolutionize the landscape for businesses operating in the digital realm. 🚀 We explored the implications of this directive, shedding light on what it means for businesses and how they can adapt to thrive in this new regulatory environment. Discover insights on: 🔍 Clarity on employment status: Understand the shift from self-employment to employee status and its impact on rights and benefits. 🔍 Transparent use of algorithms: Learn how platforms are required to disclose algorithmic decisions, enhancing transparency for workers. 🔍 Implications for businesses: Explore compliance requirements, algorithmic transparency, and potential adjustments to business models. Stay ahead of the curve and navigate these changes with confidence. Read the full blog 👇 #EUdirective #GigEconomy #BusinessAdaptation https://lnkd.in/d2qMNKHW

🕒 Attention Danish Employers!   Starting from the 1st of July 2024, it’s mandatory for all employers in Denmark to implement a time registration system. This system will help document employees’ daily working hours, ensuring compliance with rest time rules and preventing excessive work hours.  Check out our article about the EU Act: 🔗 https://lnkd.in/dZejB4Ze 🔍 Why is this important? Failure to comply with the rules set by the Working Environment Act could lead to fines and orders from the National Working Environment Authority.  🔒 The system must be objective, reliable, and accessible, and employees should have access to their own information within the system. It is also required to store all recorded information for five years and protect employee data in line with GDPR rules.    🔗 https://lnkd.in/dZznZzVN If you are an M-Files user, check out CtrlTime . Our custom add-on ensures compliance and can be implemented right away. 

European Parliamentary Research Service: Improving the #working #conditions of #platform #workers On 11 March 2024, employment and social affairs ministers from the EU Member States endorsed the agreement reached with the European Parliament in February 2024 on the platform work directive. The directive introduces the presumption of employment – to be applied following national rules – as well as the first EU rules to regulate algorithmic management in the workplace. Platform work is an umbrella concept covering a heterogeneous group of economic activities completed through a digital platform. Platform workers' rights are not enshrined in EU labour law and this is increasingly leading to problems relating to various aspects of their work and human development. To remedy this situation, the European Commission submitted a proposal for a directive aimed at improving the working conditions of platform workers, clarifying their employment status, and establishing the first EU rules for the use of artificial intelligence in the workplace.

Provisional agreement has been reached on the Platform Workers Directive: ⚙ Employment protection - where a legal presumption is triggered, the burden of proof will be on the digital platform to prove that there is no employment relationship. 🤖 Regulating algorithmic management - the Directive will include a prohibition on automated monitoring or decision making based on psychological or emotional state, private conversations, among other criteria, and it appears that the intention is to catch decision support systems as well as wholly automated systems. It will also introduce a right to human review within two weeks. ➡ Next steps - after formal adoption, member states will have 2 years to implement. The intention is to make these platforms decision making processes much more transparent and easier for workers to anticipate how they will be treated and to challenge practices that they consider to be unfair. As many of these rules could be derived via the principles in the GDPR platform operators should beware of DPAs applying them in practice sooner than their implementation date. Thoughts from Amanda Sanders and Marcus Evans linked below. Norton Rose Fulbright #aiact #gdpr #platformregulation https://lnkd.in/e6mgzkDR

🚨 BREAKING ON PLATFORM WORK🚨 The EU Council has officially given its final approval to the EU Platform Work Directive! This marks the last step before the Directive enters into force, offering platform workers a rebuttable presumption of employment and ensuring meaningful information and consultation rights on algorithmic management tools for unions and worker representatives. Importantly, much of the Directive's protection also extends to self-employed platform workers. If you're unfamiliar with EU Directives and how they operate, I’ve written a summary of the new Platform Work Directive for an international audience, which you can read here: https://lnkd.in/dJVcqBRn. For a deeper dive into the Directive’s implications, Antonio Aloisi and I discussed its potential to reshape platform worker rights in Europe in this piece: https://lnkd.in/dmgdmtXi This is a pivotal moment for platform work across Europe, and it’s just the beginning of much-needed reform to protect workers in the gig economy. #PlatformWork #GigEconomy #WorkersRights #EUdirective #FutureOfWork