ILO Governing Body, 347th session

13 – 23 March 2023

A normative gap analysis on decent work in the platform economy

GB.347/POL/1

EU statement

Chair,

I have the honour of speaking on behalf of the European Union and its Member States.

The Candidate Countries* Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Moldova, Montenegro, Serbia, the potential candidate country Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area align themselves with this statement.

1. We thank the Office for the Report related to the normative gap analysis on decent work in the platform economy. We highly appreciate and support the ILO’s role in advancing global research on platform work, which allows for informed discussions.
2. The report draws on important issues not addressed in ILO standards which were identified by participants in the Meeting of Experts on Decent Work in the Platform Economy that took place last October and then by Governing Body members. These issues include:
   1. transparency and predictability of contractual arrangements;
   2. working time, including waiting time and the right to be disconnected;
   3. transparent remuneration rates;
   4. health and safety conditions;
   5. management through algorithms that protects personal data and the right to privacy;
   6. fair, transparent and accountable decision making processes which do not foster discriminatory biases, unfair penalties or surveillance and ensure human oversight of algorithmic decisions;
   7. adequate access to social protection according to national law and practice;
   8. access to appropriate and effective remedies; and
   9. collaboration with public authorities.
3. While recognizing digital labour platforms as a growing source of inclusive employment opportunities that provide great opportunities for business, mainly due to flexible working arrangements, innovative business models and wider access to consumers through cutting edge technology, we believe that there are challenges which demand a comprehensive international framework to protect workers, particularly those in more vulnerable positions in on-location platforms, such as ride-hailing, delivery of goods, cleaning, care services or online micro-task platforms
4. Experts agreed that Recommendation No. 198 on Employment Relationship is considered as fully relevant in the context of the platform economy and that employment classification should be guided primarily by the facts.
5. Although digital labour platforms are diverse and complex, and activities take place in different sectors, all its workers should enjoy the fundamental principles and rights at work to attain decent work. It is crucial for us to ensure through social dialogue that all platform workers can fully enjoy trade union rights for the purpose of furthering and defending their interests, including by means of collective bargaining.
6. Some issues like data protection, dispute mechanisms, cross-border nature and algorithmic management cut across to other business models, but they are particularly at the core of the “platform economy”, so these challenges need to be addressed specifically to improve working conditions.
7. We believe the time is ripe for an ILO standard setting regarding digital labour platform work in order to protect the rights of platform workers.
8. In February of this year, the United Nations’ Commission for Social Development has consensually adopted a draft thematic Resolution on “Creating full and productive employment and decent work for all as a way of overcoming inequalities to accelerate the recovery from the COVID-19 pandemic and the full implementation of the 2030 Agenda for Sustainable Development”. This draft resolution, which is to be adopted later this year by ECOSOC, encourages Member States to enact legislative frameworks that determine the employment status of digital platform workers and protect their rights, and policies that ensure their effective implementation.
9. With this in mind, the European Union and its Member States support that the item placed on the agenda of the 113th Session (June 2025) of the Conference on decent work in the platform economy will be devoted to standard-setting with a double-discussion procedure, which should build on existing ILO standards, fill identified and relevant existing gaps and provide guidance. We can therefore support the Workers’ amendment.

Thank you, Chair.

 

[*Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Montenegro, and Serbia continue to be part of the Stabilisation and Association Process.]