The government is proposing major changes to working conditions for platform workers, including food delivery couriers and drivers, as part of efforts to align national law with an EU directive.
Two draft bills have been placed for public consultation until 24 September. The proposals, prepared by the Department of Labour Relations of the Ministry of Labour, seek to implement EU Directive 2024/2831 on improving working conditions in platform work.
The two bills concern amendments to the Social Insurance Law and a new law regulating the working conditions of employees on platforms.
Legal presumption of employment
One of the main changes would introduce a legal presumption that a contractual relationship between a digital labour platform and a person carrying out platform work is an employer-employee relationship when facts indicate direction and control by the platform.
The process could be initiated either at the request of the worker or their representative, or by the Director of Social Insurance Services if there are grounds to believe that the person’s employment status has been incorrectly classified.
The burden would then fall on the digital labour platform to prove that the relationship does not constitute an employer-employee relationship.
The Director of Social Insurance Services would issue guidance on applying the legal presumption, including procedures for identifying platforms that may be failing to comply with employment classification rules.
Greater oversight of algorithmic management
The proposals also aim to promote transparency, fairness, human oversight, safety and accountability in the use of algorithmic management.
Authorities would be able to carry out inspections and checks of digital labour platforms, while appropriate training and technical expertise in algorithmic management would also be provided to the relevant national authorities.
The legislation would apply to digital labour platforms organising work carried out in the EU, regardless of where the platforms are established or which law would otherwise apply.
Personal data protections
The proposed rules would also strengthen protections for the personal data of platform workers.
They include restrictions on processing personal data through automated monitoring systems and automated decision-making systems, as well as transparency requirements concerning how such systems operate.
The provisions would cover people working through platforms even where they do not have an employment contract or formal employment relationship, specifically in relation to protections against the processing of their personal data.
Fines and prison sentences
The proposed legislation also provides for criminal penalties.
A digital platform and/or employer found to have violated the law would commit an offence and, upon conviction, could face a prison sentence of up to six months or a fine of up to €5,500.
Any penalty would take into account the nature, seriousness and duration of the violation, as well as the number of affected platform workers.
The consultation on the two draft bills remains open until 24 September.
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