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The directive represents a response to growing concerns about the status and rights of workers on these platforms. Unlike traditional workers, they often operate as self-employed, depriving them of many of the rights and protections afforded to contracted employees. The EU agreement therefore aims to introduce a presumption of salaried status for these workers, which could be a game-changer for millions of people.
This means that Member States will have to establish in their national legislation a presumption that such workers are contracted employees, subject to certain criteria. These criteria, such as limiting freedom in the organization of work and controlling the distribution of tasks, will be defined by each Member State according to its own legislation and collective agreements.
This presumption of salaried status could have a significant impact on the rights and protections enjoyed by platform workers. While it will not automatically mean that all workers will switch to employee status, it will enable them to challenge their status and claim the rights associated with it. This could include benefits such as minimum wage, paid vacations and protection against unjustified dismissal.
The directive affects around 28 million workers on digital platforms, such as private car hire drivers and meal delivery drivers. These workers often face precarious conditions and a lack of social protection, which has drawn criticism from European trade union organizations. They have long argued in favor of reclassifying these workers as employees, to guarantee them better access to employment rights.
The agreement was reached despite opposition from certain member states, notably France and Germany. France was particularly reticent, while Germany was divided on the issue. However, the agreement still has to be formally adopted by the EU Council and approved by the European Parliament before being validated by the member states. The latter will then have two years to incorporate the directive's provisions into their national legislation.
The regulation of algorithms targeted
Another argument put forward: the regulation of algorithms used by digital platforms. These algorithms are often used to automate certain aspects of worker coordination, such as task allocation and performance monitoring. However, they can also raise concerns about personal data protection and respect for workers' rights.
The directive aims to regulate the use of algorithms by imposing restrictions on the types of data that can be collected, and requiring human oversight of important decisions influenced by algorithms. For example, platforms will no longer be allowed to collect sensitive data such as the psychological state, religion or sexuality of workers. In addition, decisions made by algorithms regarding remuneration, account suspension or work bans will have to be supervised by people, rather than based solely on automated calculations.
This regulation of algorithms is important in ensuring that decisions affecting workers' lives are made ethically and fairly. It also aims to protect workers' fundamental rights, such as the right to privacy and non-discrimination.
However, it should be noted that the agreement is less ambitious than the European Commission's initial proposal. Negotiations were difficult, and the final text falls far short of expectations. Nevertheless, it represents a step forward in the regulation of this rapidly expanding sector.
Another argument put forward: the regulation of algorithms used by digital platforms. These algorithms are often used to automate certain aspects of worker coordination, such as task allocation and performance monitoring. However, they can also raise concerns about personal data protection and respect for workers' rights.
The directive aims to regulate the use of algorithms by imposing restrictions on the types of data that can be collected, and requiring human oversight of important decisions influenced by algorithms. For example, platforms will no longer be allowed to collect sensitive data such as the psychological state, religion or sexuality of workers. In addition, decisions made by algorithms regarding remuneration, account suspension or work bans will have to be supervised by people, rather than based solely on automated calculations.
This regulation of algorithms is important in ensuring that decisions affecting workers' lives are made ethically and fairly. It also aims to protect workers' fundamental rights, such as the right to privacy and non-discrimination.
However, it should be noted that the agreement is less ambitious than the European Commission's initial proposal. Negotiations were difficult, and the final text falls far short of expectations. Nevertheless, it represents a step forward in the regulation of this rapidly expanding sector.
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