The conditions of workers on digital platforms has always been a much discussed topic, especially in relation to the limited protections offered to these figures and the absence of specific regulations.
Intervening with the aim of limiting the void or regulatory uncertainty as much as possible was the Community directive of 23 October 2024 n. 2831 relating to the improvement of working conditions in work using digital platforms which, due to the importance of its contents, the Industrial Relations Area of Conflavoro intends to explore further here.
The pillars of the Digital Platforms Directive
With the aim of defining fair and equal treatment in terms of working conditions and access to social protection and training, the Directive dictates the guidelines that Member States will have to undertake to integrate also through a adaptation of domestic law within 2 years of the entry into force of the Directive.
- determination of the correct employment situation;
- promoting fairness, human supervision, safety and responsibility in the management of work through digital platforms;
- transparency of work;
- improvement of personal data protection.
The novelty of the legal presumption
One of the most important innovations is that of legal presumption provided for in Article 5, whereby the relationship concluded between a platform and a person is considered an employment relationship where there is the exercise of management and control power.
It is therefore one presumption of subordination of workers to digital platforms that is achieved in the presence of indicators of directive and control power which the Member States will be able to identify in accordance with national law, the CCNL and the practices in force, in compliance with the jurisprudence of the Court of Justice.
This presumption applies to administrative or judicial proceedings in which the correct type of contractual relationship is called into question, allowing workers or their representatives to carry out procedures and investigations – also through the involvement of inspection bodies – in order to identify the correct situation employment.
The processing of personal data
The Directive also establishes i limits on the processing of personal datalisting in Article 7 which data cannot be processed when using automated monitoring systems or automated decision-making systems.
Specifically, the Directive prohibits the processing of data relating to emotional or psychological state; personal data or private conversations; data relating to fundamental rights and biometric data.
Another important novelty concerns theintroduction of “human” controls on decisions made by automated digital tools, through periodic checks on decisions to be carried out every two years and guaranteeing the existence of a “contact person” that can provide explanations to workers who request it, regarding decisions taken by digital tools, especially in the case of dismissal or equivalent measures.
The protection of health and safety
Lastly, the Directive emphasizes the importance of protection of health and safetythrough a careful assessment of the risks linked to automated monitoring and decision-making systems, introducing adequate prevention and protection measures and guaranteeing adequate information and training for workers.
In light of the provisions, Member States will have the burden of integrating and adapting their internal regulations, also through the provision of specific rules within the collective agreements – significant regulatory source as defined by the Directive – relating to the definition of the correct employment situation and the protection of rights relating to algorithmic management.
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