EU directive on platform work

“By abstaining from the EU’s draft directive on the regulation of platform work, the Federal Government today missed an important step towards improving the working conditions of millions of people in Europe. This is a big mistake.

Fair rules for work on or via internet platforms are overdue. This is the only way employees can benefit from the advantages of digitalization. An online-based parallel labor market in which internet companies circumvent legal and collective bargaining standards and circumvent co-determination harms all employees. This deficiency must be remedied. We will continue to work towards this in the upcoming consultation and agreement process. We do not want the Amazonization of the world of work.”

Further information:(Source: https://www.consilium.europa.eu/de/policies/platform-work-eu/)

Platform work is a form of work in which organizations or individuals engage with other organizations or individuals via an online platform to solve specific problems or to provide specific services for payment. Platform work comes in many forms and different dimensions; it is also known as the gig economy. While the growth of digital platforms has had benefits for both businesses and consumers, it has resulted in a gray area developing for many employees regarding their employment status.

In the EU, more than 28 million people work through one (or more) of these digital work platforms. In 2025, this number is expected to rise to 43 million. The EU is the first legislator in the world to envisage specific regulations for digital work platforms.

The Directive introduces two key improvements: it helps determine the correct employment status of people working for digital platforms and, for the first time at EU level, regulates the use of algorithmic systems in the workplace.

New EU rules on platform workEmployment statusThe new rules could tackle cases of misclassification of platform workers and pave the way for these workers to be classified as workers, thereby facilitating access to their rights as workers under EU law .Employees would be legally considered to be employees of a digital platform (as opposed to self-employed) if their relationship with the platform meets at least two of the five criteria set out in the Directive.

These are the following criteria: upper limits on the remuneration that employees can receive, monitoring of their work performance, including by electronic means, control over the distribution or allocation of tasks, control over working conditions and restrictions on the choice of working hours, restrictions on their freedom to organize their own work and Rules relating to their appearance or behaviorAccording to the agreed text, Member States may add further criteria to this list under national law.

Using Algorithms in the WorkplaceDigital work platforms use algorithms for human resource management. These systems organize and manage staff who perform platform work through their applications or websites. Under the new rules, employees must be informed about the use of automated monitoring and decision-making systems. Furthermore, digital work platforms will not be able to process certain types of personal data, such as: B.: personal data about the emotional or psychological state of platform employees, data about private conversations, data to predict actual or potential trade union activity, data to infer the racial or ethnic origin, migration status, political opinion, religious beliefs or health status of a worker or a worker in biometrics Data, with the exception of data for authenticationAccording to the new regulations, these systems must in any case be monitored by qualified personnel who are particularly protected from disadvantages. Human oversight is also ensured for important decisions such as account suspension.

Enforcement, transparency and traceabilityNational authorities have difficulty accessing data related to platforms and the people working through those platforms. This applies all the more when platforms operate in several Member States and it is not clear where and by whom the platform work is carried out. This Directive clarifies the existing obligations of digital labor platforms to register employment relationships with national authorities. Platforms are also required to provide national authorities with important information about their activities and the people who work for them.

Further information and press photos from Christiane Benner

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