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Article

16 Mar 2024

Author:
By ANTONIO ALOISI and VALERIO DE STEFANO, Social Europe (Germany)

‘Gig’ workers in Europe: the new platform of rights

European Union member states reached a provisional agreement on the compromise text of the directive on platform work…

…the digital platforms were caught off-guard. Despite their spinning to minimise the impact of the new text, the keystones of the directive represent a realistic and concrete compromise to curb unscrupulous business models…

… member states will be required to adopt an effective presumption of employment for platform workers…, it serves as a procedural tool to facilitate the determination of employment status…

…this rebuttable and adaptive presumption of employment status will have to be based on ‘facts indicating control and direction’ rather than legal criteria or indicators…

…there will be no standardised set of criteria across the EU, which means that those countries already ensnared by the platforms’ lobbyists could be still more lenient towards ‘gig’ companies….

The proof of the directive’s success will thus be in the transposition and implementation…

The directive has a chapter on algorithmic management, unpacked into ‘automated monitoring systems’ and ‘automated decision-making systems’. …

…It introduces rights for persons performing platform work, thus including self-employed workers, to receive adequate information about the algorithms used to hire, monitor and discipline them…

…The directive, once approved, will arguably inaugurate a new era of accountability…

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