The Ministry of Family, Labor, and Social Policy has published a draft of the “Act on Performing Work via Digital Employment Platforms.” This long-awaited document is intended to implement the Platform Work Directive into Polish law.
At the same time, the Ministry published information on the key elements of this draft act (we quote in full from the Ministry’s website):
– introducing a rebuttable presumption of employment for individuals providing work via platforms – in the event of a dispute between the individual providing work and the platform, it is sufficient for the employee to substantiate that they are working under the direction and control of the platform (or its intermediary). The digital platform (or its intermediary) will bear the burden of proving that the individual is not an employee within the meaning of the Labor Code. The presumption procedure will be used in both court and administrative proceedings before the National Labor Inspectorate; – increasing control over the algorithms used to manage the work of people working through platforms, including limiting the ability to use only algorithms without human intervention, for example, in the event that the platform terminates the contract with a person working on its behalf;
– increasing protection over the processing of personal data of people working through online platforms and introducing penalties for platform violations of this protection;
– introducing a requirement for platforms to notify the National Labour Inspectorate (PIP) of the use of third-party labor and collaboration with intermediaries, as well as sanctions for failure to do so.
And now we have the long-awaited draft law. Still ahead of us: public consultations, work on the bill in parliamentary committees, votes in the Sejm and Senate, and then, finally, the President’s signature. So, everything could still change.
Draft Act: PDF
Impact Assessment: PDF
You can also find all information about the Draft on the Government Legislation Centre website (form no. UC160)
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And also:
THERE ARE 3 MONTHS AND 22 DAYS LEFT TO IMPLEMENT THE PLATFORM WORK DIRECTIVE.