On December 1st 2024, the EU Directive 2831 of 23rd October 2024 will come into force, which aims to improve the working conditions of individuals performing organised work using digital platforms. The EU Directive 2831/2024, which the Member States must implement by 2 December 2026, aims to guarantee increasing levels of protection for workers who perform their work through digital platforms. This action of the European legislator aims to improve the condition of a growing number of workers who operate in a context of low protection. The Directive's most notable innovation is the establishment of a straightforward legal presumption regarding the subordination of workers who operate through digital platforms. This presumption applies when certain indicators are present, such as the worker being subject to the direction and control of the employer, which is exercised by the digital platform. The presumption does not lead to the immediate reclassification of the relationships, but workers and inspection authorities may use it in investigations or litigation concerning the classification of the employment relationship existing between the parties. In Italy, the provision for transposing the Directive must be aligned with Article 2 of Legislative Decree No. 81/2015. This article mandates that employment relationship regulations apply to collaborations that involve personal work by the collaborator and subordination to the principal's organisational authority. The Directive introduces stricter limitations on processing workers' data. It mandates transparency requirements to ensure workers are adequately informed about using performance monitoring systems and automated decision-making processes. An obligation has been established to conduct an impact assessment on processing workers' personal data. Additionally, specific measures must be implemented to promote transparency concerning automated systems that affect the management of employment relationships. Employers must evaluate the impact of monitoring systems and automated decision-making systems on workers and their working conditions every two years. This evaluation should specifically focus on ensuring equal treatment among workers. If any issues of discrimination or violations of workers' rights are identified, employers must modify the procedures in place. The directive emphasises the worker's right to receive explanations from the employer about any decisions made by automated decision-making systems. Specifically, there must be human oversight if a decision is made to limit, suspend, or terminate an employment relationship or any other choice that negatively affects the worker—especially those who perform their duties through digital platforms. The employer is also required to designate a specific person to respond to workers' requests for information regarding the automated decision-making systems in use within the company.
2024 - Morri Rossetti
