The draft bill implementing the EU Platform Work Directive, presented by the Ministry of Family, Labour and Social Policy, upholds the principle of transparency regarding the algorithm that manages workers’ tasks.
Under the draft, access to the algorithm is to be granted to supervisory bodies (such as the National Labour Inspectorate), the individual working for the platform, and “workers’ representatives.” Platforms are required to explain how the algorithm operates—either in paper or electronic format—using clear, simple language in a transparent, understandable, and easily accessible manner. This information must be provided no later than the first day of work. If a worker considers the information incomplete, they may request further clarification.
A key aspect of the bill concerns decisions made by the algorithm regarding workers. A person working for a platform may request a justification for such a decision, which may be provided either orally or in writing. In specific instances, however, the justification must be in writing (e.g., in cases involving account suspension or the refusal to pay remuneration).
While this is a step in the right direction, the bill is fraught with ambiguities that risk rendering these provisions ineffective.
1. The bill mandates providing information about the algorithm to workers. Yet, according to the platforms, we are not workers but “subcontractors.” It appears we face a battle to be recognized as workers first; only then will we gain access to the algorithm.
2. And what if the information regarding the algorithm is conveyed in an incomprehensible manner? Under the draft proposal, going to court is necessary in this situation as well.
3. There is no mechanism to verify whether the information provided to workers regarding the Algorithm is complete and up-to-date.
4. The Algorithm can change from hour to hour. The information provided to workers will certainly not be detailed enough to track these minor changes. Furthermore, once information has been presented, it is deemed sufficient; consequently, a new request must be made each time an update is needed.
5. Information must also be made available to “workers’ representatives”—meaning trade unions or individuals whom the Platform (based on its own internal regulations) designates as workers’ representatives. Currently, the reality is that trade unions operate at only one delivery platform in Poland. The alternative path is so absurd that we will leave it without comment.
6. Platforms will have two weeks to provide the justification for a decision. Given that most workers work for these platforms for only one or two months, such a timeframe is an eternity.
And most importantly: it is hard for us to imagine how knowing how a highly complex algorithm works is supposed to help us earn more money. Yet that is the main goal of paid work, isn’t it?
#zentrale_dyrektywa
The article above is part of our “Implementing the Directive” series. If you have your own comments and insights, or a different point of view, we invite you to join the discussion.
And by the way:
THERE ARE 2 MONTHS AND 3 DAYS LEFT UNTIL THE IMPLEMENTATION OF THE PLATFORM WORK DIRECTIVE.