Description
The Italian so-called Transparency Decree introduces significant new transparency and predictability requirements for employers, with several provisions directly impacting platform work. Its broad scope explicitly covers non-standard work relationships, including platform and gig economy workers.
Key provisions include:
Algorithmic Transparency - Art.1bis (Additional information obligations). Platforms and other employers using automated decision-making or monitoring systems are now obligated to provide workers and trade unions with clear information regarding:
Automated Systems: Employers must inform workers about the use of automated decision-making or monitoring systems affecting employment decisions, task assignments, and performance evaluations.
Detailed Information: Must provide specifics about the systems' logic, data used, control measures, accuracy, and potential discriminatory impacts.
Worker Rights: Workers can access data and request additional information through union representatives.
Transparency: Information must be communicated transparently and in a structured format.
Safety and Compliance: Employers must ensure compliance with data protection regulations and conduct risk assessments.
Communication: Information must be provided to workers and union representatives, with inspection possibilities by relevant authorities.
Minimum predictability of work Art. 9 Employers cannot impose work on employees in unpredictable work organisations unless the work is scheduled within predetermined hours and days and employees are informed with reasonable notice.
*Right to Refuse: Employees can refuse assignments without disciplinary action if conditions are not met.
*Minimum Guaranteed Hours: Employers must inform employees about minimum guaranteed hours and additional pay for extra hours.
*Cancellation of Assignments: Employers must compensate employees if assignments are cancelled without reasonable notice.
*Exclusions: Does not apply to maritime workers and fishing sector workers.
Prohibition of Exclusivity Clauses**: The decree generally forbids employers from restricting workers from taking up employment with other companies outside of their scheduled working hours. This is highly relevant for platform workers who often work across multiple applications ("multi-apping").
Expanded Information Rights: All workers, including those on platforms, must receive greatly expanded and detailed written information at the start of the work relationship, covering salary components, notice periods, overtime conditions, and training rights, thereby clarifying what are often opaque contractual terms in the platform economy.
Decreto Legislativo 27 giugno 2022, n. 104 - Implementation of Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union
- Keywords
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algorithmic management,
working conditions
- Actors
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Government
- Sector
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No specific sector focus