In relation to platform-enabled work, the Assembly recommends
that national regulators, including parliaments, of member States
should:
7.1 review national legislation
applicable to the activities of digital platforms and their workers,
assess its relevance in the new circumstances and identify areas
that require additional regulation with a view to preserving, or
strengthening, the supremacy of the public interest, fair competition
and the basic level of platform workers’ rights and social protection,
as set out in the European Social Charter;
7.2 when screening national laws, consider distinguishing
between “work on-demand via internet applications” for delivering
physical services locally, and “crowdwork online” for outsourcing
tasks (such as accounting, designing or translation) to a worldwide
pool of virtual workers;
7.3 assess how existing European and national legal standards
can be best employed in the global context to settle cross-border
issues arising from the operation of multinational platforms, notably
as regards taxation and tax collection, consumer protection and
the applicability of foreign legislation to crowdwork;
7.4 based on evidence showing that working for one platform
is generally not sufficient to be the main source of income for
the workers concerned (akin to “zero-hours” contracts), and considering
that for some people platform work remains their only source of
income, prohibit exclusivity clauses of online platforms, so as
to enable individuals to also work for other enterprises and supplement
their income;
7.5 tackle new psychosocial risks due to platforms’ “work-on-demand”
philosophy and rating systems (such as the consequences of constant
real-time monitoring and assessment of worker performance, relative
isolation, the double insecurity of employment and income, the assignment
of tasks at very short notice and with tight deadlines, the permanent
state of standby at the expense of rest time and work-life balance,
possible discrimination and pressure to deliver despite falling
ill) through national workplace health and safety regulation and
policies;
7.6 ensure that adequate registration, certification and control
mechanisms are in place with regard to platform services in order
to protect consumer rights, personal data, health and safety, and
to secure public order and safety;
7.7 clarify taxation obligations for platforms, their workers
and users, and provide electronic channels to facilitate income
declaration and compliance with tax rules so that taxes are paid
where the economic activity takes place;
7.8 strengthen protections and controls with regard to the
risks of possible exploitation online and through illegal subcontracting
of work via platforms, in order to avoid the use of child labour
in third countries and of non-registered migrants on their territory;
7.9 seek greater transparency in the operation of platforms
and additional regulatory measures – either internal (self-regulation)
or external (imposed by law) – if necessary, so as to offset the
bias, barriers and discrimination which certain users or service
providers may face in the digital context, just as they do in the
traditional economy (for example, the gender pay gap or rigid rules
with regard to working hours);
7.10 study the impact of new working patterns on gender equality
and provide State-funded possibilities for platform workers to develop
or acquire skills with a view to fostering their employability and
equal opportunities.
