Platform work: recent policy developments with OSH Implications

Introduction

Platform work is one of the fastest growing forms of work in the EU. It is estimated that, as of 2022, there are over 28 million platform workers in the EU, with the number likely to rise to over 43 million by 2025^[1]. Platform work presents similar characteristics to other forms of casual work, such as low pay, insecurity, lack of rights and protections and limited collective representation. Additionally,  Moreover, it is characterised by algorithmic control and surveillance and by the use of large amounts of data by the platforms^[2]. For these reasons, it has attracted the attention of policy-makers and regulators, in attempt to mitigate the most important risks stemming from this form of work. 

Definitions

Platform work is defined as ‘all paid labour provided through, on or mediated by an online platform’, while a digital labour platform is defined as an online facility or marketplace operating on digital technologies (including the use of mobile apps) that are owned and/or operated by an undertaking, facilitating the matching between the demand for and supply of labour provided by a platform worker’^[3]. Although platform work can be classified in many ways, the most common distinction is between location-based platform work, that is platform work performed from a specific location (such as ride-hailing or food delivery) and online work (also known as cloudwork), which is work which can be perform remotely (such as translation or data entry). 

OSH Challenges in Relation to Platform Work

Platform work presents important challenges specifically related to OSH, some of which are common to other forms of casual and intermittent employment and some which are specifically to platform work. The main challenges are the following:

• Self-employment status: it is estimated that, as of 2021, over 90% of platform workers in the EU are classified as self-employed^[4]. As such, they are not subject to OSH regulation in most Member States’^[5]. In the minority of cases workers are employed, they are often employed through subcontractors. As platforms are not legally responsible for the OSH of subcontracted workers, they do not take any obligation or responsibility for the oversight of subcontractors' work practices and exercise limited to no monitoring of the working conditions these workers^[6]. 
• Account rentals: platform work has become an easy way to access work for migrants with no right to work in a country. These workers generally rent a platform account from other workers at the exchange of a fee or a share of earnings^[7]. As such, they are not covered by OSH rights and protections. 
• Pay and incentives: as platform workers are often paid on a piece rate per task completed, this can lead to overwork and fatigue as the pressure to earn a living can push workers to work long hours without breaks, increasing the risk of accidents and injuries. Furthermore, it can incentivise risky behaviour as workers might speed up or skip safety measures to complete more tasks and earn more money^[5].
• Working time: many platform workers, particularly those who are self-employed, are not covered by regulations on working hours. This means they might work excessively long hours and the lack of limitations on working time can lead to exhaustion and compromise their health and safety. Moreover, platform work can involve irregular hours, like working late nights or early mornings, which can disrupt sleep and lead to fatigue.
• Work-related equipment: when self-employed, platform workers are responsible for providing and maintaining their own equipment, such as bicycles, cars, or computers. This can be problematic because workers may use equipment that is not properly maintained or ergonomically designed, increasing the risk of injuries^[6]. 
• OSH training: platforms are often not legally required to provide OSH training to self-employed workers. This can result in lack of safety awareness, as workers may not be aware of the specific safety hazards associated with their platform work. Moreover, it can lead to improper safety practices as workers may unknowingly engage in unsafe practices that put themselves at risk.
• Social Protection:  platform workers often have limited access to social security benefits, such as unemployment insurance or health insurance^[6]. 
• Contract Transparency:  platform contracts can be unclear and complex. They might use dense legalese and jargon can make it difficult for workers to understand their rights and obligations under the contract. At the same time, contracts might contain clauses that exempt platforms from certain obligations or limit the possibility of workers to make a legal claim[8].
• Algorithmic Management:  Platforms rely on algorithms to control and monitor various aspects of work, including task assignment and performance evaluation. This lack of transparency can lead to stress and anxiety, as workers may constantly worry about factors beyond their control, like algorithmic decisions that affect their income^[5]. At the same time, workers might feel undervalued as the impersonal nature of algorithmic management can make workers feel like they are just cogs in a machine.
• Data Protection:  Platforms collect a vast amount of data on their workers, including location data and performance metrics. This raises concerns about data misuse as the platform may use worker data for purposes beyond what was originally agreed to, potentially leading to discrimination or privacy violations, with workers having little control over how their data is collected, used, or shared^[5].
• Collective Representation:  The isolated nature of platform work makes it difficult for workers to form unions or worker associations. This lack of collective power makes it challenging to negotiate for better working conditions. At the same time, legislation in many countries prevents workers from unionise or to engage in collective bargaining^[9].

Regulatory Developments at the European Level

Employment classification

Employment classification remains a significant challenge in regulating digital labour platforms, as most rights and protections rely on a worker being classified as an employee. Consequently, many policy initiatives in the EU have aimed to clarify the status of platform workers and prevent bogus self-employment. Discussions predominantly focus on ride-hailing and delivery services, which are more visible and enable easier collective action among workers, sidelining other sectors like domestic and online work. 

Policy developments have often been spurred by court cases highlighting deficiencies in the legal framework for classifying platform workers. Countries like Spain introduced the Riders' Law in 2021, reversing the burden of proof for employment status and establishing a presumption of employment in delivery work. This has however encountered significant implementation challenges^[10]. Belgium followed with similar legislation, while other nations like Greece and Portugal have also established criteria for the presumption of employment^[11].

Some countries have extended some employee rights to self-employed platform workers without reclassifying them, such as France and Italy. Others, like Germany and Spain, mandate employment status for ride-hailing platforms based on transport regulations. Other countries are relying on a third employment category. For instance, the UK's 'limb-b worker' category offers limited employee protections, while Italy has a history of a 'para-subordinate' category that provides many employee rights^[11]. 

The 2024 EU Directive on Improving Working Conditions for Platform Workers aims to establish a presumption of employment across Member States, though specific criteria for employment classification have been left to individual countries^[1]. 

Sub-contracting

The current regulatory landscape surrounding subcontracting within the platform economy presents several challenges, as specific regulations addressing this issue are relatively limited. While there have been some efforts in certain countries, like Germany and France, to introduce regulations targeting concerns such as child labour and human trafficking, the overall regulatory framework on subcontracting remains incomplete^[6]. The 2024 EU Directive on Improving Working Conditions for Platform Workers includes a provision addressing subcontracting, but the specific details and implementation of this provision have been left to the discretion of individual Member States^[1]. This decentralised approach raises concerns about the potential lack of standardised regulations across the European Union, leading to varying standards and practices in managing subcontracting within the platform economy.

Pay and Working Time

Concerning pay and working time, legislative developments and collective agreements in several countries have aimed to extend existing minimum wage and working time regulations to include platform workers. These efforts reflect a broader push to ensure equitable labour standards and conditions for individuals engaged in platform work. Moreover, specific regulatory reforms and collective agreements have been implemented in various jurisdictions, such as France, Italy and in the Nordic countries, to establish minimum hourly pay rates, provide additional compensation for specific circumstances, and grant platform workers the right to refuse work and disconnect from their responsibilities without facing adverse consequences^[6]. These measures signify a concerted effort to address the unique conditions of platform workers.

Equipment and Health and Safety Training

Ongoing initiatives to redefine employment arrangements within the platform economy have sought to secure additional rights for platform workers, particularly concerning safety equipment and training. Notably, certain countries, such as Italy and France, have implemented mandates requiring platforms to provide essential Personal Protection Equipment (PPE) and comprehensive training programs for workers involved in delivery services, underscoring a commitment to enhancing workplace safety and ensuring that platform workers are equipped with the necessary tools and knowledge to perform their duties securely and effectively^[12][13].

Social Protection

The issue of social protection for platform workers has emerged as a prominent subject of debate and policy consideration, prompting discussions about extending comprehensive social security coverage to individuals engaged in platform work. While several countries, such as Croatia, Hungary, Luxembourg, Slovenia and the Nordic ones, have long provided robust social security measures for the self-employed, others, such as Ireland and Portugal, have expanded social security protections in recent years^[14]. Moreover, more recent regulatory interventions in France, Belgium and Italy have targeted social protection specifically for platform workers. These interventions include requirements for platforms to provide accident insurance for individuals engaged in platform work, signifying a broader effort to bolster the social safety net for workers in this sector^[12][13][15].

Algorithmic Management

Algorithmic transparency and accountability in the context of platform work have garnered significant attention, leading to the introduction of regulations in various jurisdictions, including Spain and Italy^[12][10]. These regulations seek to ensure that platforms uphold transparency standards in their algorithmic decision-making processes, particularly in relation to workers engaged in platform work. Notably, the 2024 EU Directive On Improving Working Conditions In Platform Work encompasses detailed provisions for algorithmic transparency, including requirements for human oversight and the right to explanation for workers impacted by automated decisions^[1]. These measures represent a pivotal development in addressing concerns related to algorithmic management and surveillance, aiming to safeguard the rights and well-being of platform workers while promoting fair and accountable algorithmic practices within the platform economy.

Data Protection

Data protection regulations in EU countries are primarily governed by the EU General Data Protection Regulation (GDPR), which establishes general principles for data protection across the EU. While it was not specifically designed for platform work, the GDPR has been used in courts to compel platforms like Uber and Ola to disclose information on data used to monitor workers and establish rules for automatic decision-making^[16]. However, stricter regulations are needed due to the types of data collected by platforms. The 2024 EU Directive On Improving Working Conditions In Platform Work introduces additional regulations on data protection tailored to platform work, such as sharing impact assessments on personal data use with workers' representatives^[1]. It remains unclear how these requirements will be implemented and if they will significantly affect data collection and use by platforms.

Collective Representation

Regarding collective representation, the right of self-employed individuals to organise and be represented by a union is guaranteed in most European countries, with constitutional protection in some cases. However, the right to collective bargaining is more complex. Some countries, such as Sweden and Italy, have historically allowed self-employed individuals to collectively bargain, while others, including France, Ireland, Poland, have not. In some countries, like Spain and Germany, there is no clear law or jurisprudence on collective bargaining rights for the self-employed. Recently, some countries have introduced reforms to grant collective bargaining rights to certain categories of self-employed workers, including platform workers. For example, Ireland extended the right to collective bargaining to "false self-employed" and "fully-dependent self-employed" workers. Poland also extended collective bargaining rights to many self-employed individuals, but institutional limitations have hindered progress. France extended collective representation rights to platform workers but stopped short of granting collective bargaining rights^[17]. Limitations on collective bargaining rights have often been justified based on competition legislation, but new guidelines from the EU Commission clarify that certain self-employed individuals, including platform workers, are not subject to competition law when they are in a worker-like situation^[18]. These guidelines open the possibility of extending collective bargaining rights to self-employed platform workers across the EU. The impact of these guidelines in different EU countries is yet to be seen, but they have been well-received by European trade unions.

Regulating Platform Work at the International Level

Regulating platform work at the international level has proved contentious. The International Labour Organisation (ILO) is grappling with the issue, but reaching a consensus on global standards proves difficult due to disagreements between governments, businesses, and worker representatives. While a potential ILO convention may emerge someday, its arrival would not be before 2027, leaving a significant gap in protections for platform workers today^[19].

This is where the Fairwork Project steps in, acting as a champion for platform worker rights in the absence of formal regulations. This action-research project, based at the University of Oxford and the Berlin Social Science Centre, has established a set of "Fair Work Principles" that cover the five key areas of pay, conditions, contracts, management, and representation^[20]. For each of the five principles, a basic and more advanced threshold is established against which platforms are evaluated. Each platform is thus assigned a score from 0 to 10 based on the evidence gathered of whether the platform satisfy a certain fair work threshold^[21]. 

Platforms can improve their scores by engaging with Fairwork and implementing the recommended changes. The project leverages reputation and consumer power to drive change. Fairwork publishes country rankings and individual platform evaluations, shining a light on those platforms that fall short in protecting their workers. This public call-out can incentivise platforms to improve their practices. The Fairwork Project has demonstrably influenced positive policy changes on over 60 platforms worldwide^[22]. These changes include measures to improve occupational safety and health (OSH), such as providing free equipment, accident insurance, and safety training for workers. However, the project also faces limitations. Its effectiveness hinges on voluntary participation from platforms, which can limit its reach. Additionally, Fairwork operates in only 39 countries, leaving a vast number of platforms and workers outside its immediate sphere of influence.

While not a replacement for international regulations, the Fairwork Project plays a vital role in the ongoing fight for platform worker rights. Its principles and platform evaluations serve as a blueprint for future regulations and raise awareness of the need for better global protections. The project's success stories – positive policy changes and improved working conditions – demonstrate what is possible when platforms take responsibility for their workforce. The Fairwork Project serves as a beacon of hope, pushing the platform work ecosystem towards a future where fair treatment and worker well-being are no longer afterthoughts.