Description
The Irish Department of Enterprise, Tourism, and Employment held a public consultation to seek views from stakeholders on the new EU Platform Work Directive. This directive aims to improve working conditions and correctly classify the employment status of workers. The feedback gathered will inform the process of transposing this EU directive into Irish national law.
The consultation paper asks specific questions broken down following the same structure as the directive.
Chapter I: General Provisions
The consultation asks about the practical application of the directive's key definitions, such as "digital labour platform" and "intermediary". It seeks to know if these definitions will be challenging to apply in practice and if they adequately cover all aspects of platform work. The paper also probes the role of intermediaries, asking how regularly they are used and whether their involvement affects the working conditions of platform workers.
Chapter II: Employment Status
Regarding employment status, the government is asking what factors might influence a worker's preference for being an employee versus self-employed. It also seeks sector-specific examples of worker misclassification and practical "indicators of control"—such as how work is allocated or hours are scheduled—that show a platform is managing a worker. Finally, it asks what measures would ensure the new legal presumption of employment is applied fairly and what kind of guidance would be most useful for platforms and workers.
Chapter III: Algorithmic Management
This section contains a detailed set of questions about automated systems. The consultation asks about the types of personal data platforms commonly process and how transparent they are about this. It seeks input on how to meaningfully consult workers during data protection impact assessments and what kinds of automated decisions should always require human review. The government is also gathering information on the health and safety risks associated with algorithmic management, such as stress, and how workers can be effectively consulted before new automated systems are introduced.
Chapter IV: Transparency with Regard to Platform Work
The questions on transparency focus on reporting requirements. The paper asks what types of information platforms should be required to report to national authorities. It also seeks to understand how these reporting obligations can be effective without creating an excessive administrative burden for the platforms.
Chapter V: Remedies and Enforcement
For enforcement, the consultation asks about the dispute resolution processes currently available to platform workers. It aims to identify the challenges workers face when trying to access these remedies or get representation, and how these challenges could be addressed. The paper also asks about the necessary features for secure communication channels to protect worker privacy and what types of evidence are most important for resolving disputes.
Final Provisions and Other Observations
The consultation concludes by asking for any general observations on the directive's final provisions (which cover implementation) and provides a space for any other relevant feedback not captured by the specific chapter questions.
- Keywords
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platform characteristics and business model,
algorithmic management,
regulatory changes
- Actors
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Government
- Sector
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No specific sector focus