The PS on Thursday presented a proposal to amend the measures of the Decent Work Agenda, which retains the possibility of concluding an employment contract between employees and digital platforms or intermediary operators.
In the proposed amendment to the government initiative, in the article referring to the presumption of an employment contract in the context of digital platforms, such as Uber or Glovo, the socialists are moving forward with some changes, but maintaining the rule that has been criticized for not reflecting what was stated in the Green Paper on Industrial Relations or because it was not in line with international jurisprudence.
The presumption of an employment contract therefore remains possible with the digital platform or with an intermediary who is active on it.
However, with the changes proposed by the PS, the platform will not be able to establish conditions for access to the provision of “more unfavorable or discriminatory nature” activities for employees with a direct relationship with the platform given the defined conditions for intermediaries.
In addition, the PS proposal provides that the digital platform and the intermediary, as well as their managers, directors or directors and companies, are jointly and severally liable for the employee’s claims arising from the employment contract, or the violation or termination thereof.
They are also responsible “for the associated social charges and for the payment of the fine imposed for the practice of labor crimes relating to the past three years,” according to the PS initiative.
The platform or the intermediary operator working on it “exercise employment powers over the provider of the activity, namely disciplinary power, including the exclusion of future activities on the platform through account deactivation”can still be read in the proposal of the socialists.
The proposal also includes the concept of a digital platform and an intermediary operator.
According to the document, digital platform means: “the legal person who provides or makes available remote services at the request of users by electronic means, namely a website or computer application, and which, as a necessary and essential part, facilitates the organization of work by individuals in return for payment. or performed in a specific location, under the terms of its own business model and brand”.
The intermediate operator is “natural or legal person operating on the digital platform under a contractual relationship to provide services through providers of activities within the scope of that platform”.
The existence of an employment contract is presumed when the operator of the digital platform or the intermediary sets a fee, controls and supervises the performance of the activity, limits the autonomy of the provider of the activity with regard to the organization of the work, in particular with regard to the choice of working hours, eg work or periods of absence.
In September, at a hearing in parliament, the Inspector General of Work on an Alternative Basis, Fernanda Campos, stressed that the government’s proposed labor changes for workers on digital platforms were not in line with European partners or international case law.
“As for digital platforms and proof of work (…), the law introduces a triangulation in the employment relationship that is not in line with what is and has been international case law”said the Inspector General.
For its part, BE’s deputy, José Soeiro, has accused the government of “mutilating” the content of the Green Paper on digital platforms, as the wording in the executive’s proposal is “incompatible with the European directive” regarding to the existence of intermediaries.
The government’s proposal to amend labor legislation, in the context of the decent work agenda, passed parliament in June without the consent of the social dialogue, after it was generally approved on 8 July with favorable votes from the PS, abstaining from the PSD, enough , BE, PAN and Livre and against IL and PCP.
The start of the discussion in the specialty is scheduled for the 25th, next Tuesday.
After approval in the specialism, the proposal must still be approved in plenary and only then will it enter into force.
Source: DN
