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HomeLatest NewsGlovo, Uber and Just Eat must inform their workers before using algorithms

Glovo, Uber and Just Eat must inform their workers before using algorithms

Date: July 14, 2024 Time: 13:15:24

Glovo, Uber, Just Eat and the rest of the digital delivery platforms will be obliged to inform their workers in writing when introducing automated systems to monitor the performance of their employees or make decisions based on it and the changes that apply later. . to these algorithms. The directive approved by the European Parliament this Wednesday, inspired by the Spanish ‘Rider Law’, extends the right beyond workers’ representatives and urges companies to communicate it in a “transparent, intelligible and easily accessible way.” In addition, they will have the right to have the help of an expert to interpret the information, the cost of which the company must assume if it has more than 250 employees.

The text approved by 554 votes in favor, 56 votes against and 24 abstentions is the result of a long negotiation in which Spain, which headed the Council of the European Union during the last semester, has played a leading role. As was the case in the modification of the Workers’ Statute, the key point is that it is presumed that there is an employment relationship between the delivery person – for example – and the platform, that is, that he is a salaried worker and not self-employed. However, the Ministry of Labor headed by Yolanda Díaz regrets that the directive has not been more ambitious in this matter because it understands that it “complicates” the link being recognized in some states, although they celebrate that the Court’s jurisprudence has been established. of Justice of the European Union (CJEU) as a unifying parameter.

But it also focuses on the negative impact that automation processes can have on workers, as it is the element that differentiates the way in which the day is organized on the platforms compared to other companies. Thus, it expands the focus from the main delivery companies or those that rent vehicles with drivers and includes other apps in which employees provide services for the platform itself or labor is offered to carry out small digital tasks through of micro-working companies. The scale to differentiate these platforms from other companies is the ability to control and direct the work of employees, either directly or through sanctions.

In the event that the company intends to deny the existence of this employment relationship, the burden falls on it and not the employee. “In the event that the Digital Work Platform intends to refute the legal presumption, it must prove that resettraactiul is not a resident and defined in the legislation, the collective agreements or the practices in force in the member states, taking into account the jurisprudence of the CJEU” stipulates the text that must now be adopted by the Council of the EU. However, the text warns that this legal presumption only applies in administrative or judicial procedures, not in “fiscal, criminal and social security” issues.

The directive, which must be transposed into the national law of each of the member states within a maximum period of two years from its publication in the Official Journal of the EU, recalls that workers have the right to receive explanations from the platform of the decisions that have been made by an algorithm or supported by information that has been collected automatically. Also that those that involve ending the employment relationship “or any decision with equivalent damage” – such as removing you from the platform with which you work – must always be adopted by a human being due to the “serious repercussions it has for the people who do work on platforms.”

Likewise, it establishes limitations on these automated systems so that they do not process any personal data about the emotional or psychological state of the worker, nor those linked to private conversations; that they cannot collect employee data when they are not providing the service, process personal data to predict whether they will make use of the rights of association, negotiation, information or consultation or know their racial, ethical origin, immigration status, politics, religion. . , their health status, union membership or sexual orientation.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.

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