The Employment Committee adopted on Monday a draft negotiating mandate on new rules to improve the working conditions in platform work. They would regulate how to correctly determine the employment status of platform workers and how digital labour platforms should use algorithms and artificial intelligence to monitor and evaluate workers.

Employment status

A person performing platform work can be either an employed worker, and enjoy related labour rights, or be genuinely self-employed and able to determine how to carry out the service. The adopted rules aim to combat false self-employment as it may lead to precarious working conditions and lack of social protection but also to unfair competition, especially for SMEs.

To this end, MEPs agreed that the employment status defined by the platform can be challenged by the worker, a trade union or a national authority, in which case the worker is presumed by law to be employed. In the event of a dispute between the platform and a worker, the platform – rather than the worker- would have the responsibility to prove that they do not employ the worker.

MEPs also introduced a list of non-mandatory criteria to determine a worker’s employment status, such as a set salary, defined time schedule and working time, rating systems, tracking or supervision of a worker, rules regarding appearance or conduct, restricted options to work for any third party or restricted freedom to choose accident insurance or a pension scheme.

Algorithmic…