Certain European legislative dossiers, including the Transparent and Predictable Working Conditions Directive or the Regulation for promoting fairness and transparency for business users of online intermediaries (P2B), should be modified and clarified in order to tackle the phenomenon of digital platforms, according to a study commissioned by the European Commission, published on Friday 13 March.
The Centre for European Policy Studies (CEPS) study, more than 200 pages long, suggests, among its many recommendations, that “EU authorities should consider further action on digital intermediation and algorithmic management, both within and without platform work”. Certainly, these issues have begun to be addressed by new pieces of legislation such as the General Data Protection Regulation (GDPR), the Transparent and Predictable Working Conditions Directive or the P2B Regulation. Yet, according to the study, most platform workers would only “marginally benefit, with the exception of the GDPR” from their provisions. The study argues that the EU should make further modifications or clarifications to these tools, together with enhanced enforcement at national level.
Furthermore, the study considers it necessary to clarify at European level the concept of “worker”, judging European case law to be too slow in the face of changes in the labour markets. According to the study, a standard definition of platform work is needed. This could draw from the definition of “business user” used in the P2B Regulation. “Building on existing legislation also helps to increase coherence between EU policies”, the authors say.
On the other hand, the authors of the study believe that dispute resolution mechanisms available to all platform workers at national and European level would be necessary. The EU could also consider promoting voluntary codes of conduct and charters for platforms committed to ensuring fair working conditions.
The Commissioner for Employment and Social Rights, Nicolas Schmit, recently announced that a summit will be held on 22 September on the social aspects of digital platforms (see EUROPE 12428/1).
To view the study: http://bit.ly/2QoXZP0 (Original version in French by Pascal Hansens)