After having heard more than 60 people in some thirty hearings, the fact-finding mission drew up a series of observations and, in conclusion, formulated 18 recommendations based on four major issues:
- improvement of working conditions
- the development of social dialogue
- the supervision of algorithmic management and transparency
- the explicability and regulation of platform algorithms.
The platformization of the economy: both a source of modernization and a deconstruction of the classic business model through outsourcing
Work platforms provide access to services provided by third parties over which they exercise varying degrees of control.These platforms emerged during the 2000s "under the combined effect of the self-employed status, the democratization of the Internet and smartphones, the emergence of specific urban needs and the growing search for new sources of income.
These new types of companies use, instead of employees, legally independent workers, most of whom operate under the micro-enterprise regime.
"By exempting themselves in this way from the payment of social security contributions due by employers and from the guarantees enjoyed by employees (legal working hours, supplements, allowances, paid leave, control of contract termination, etc.), platforms reduce the cost of labor by transferring to their workers the economic and social risk traditionally borne by the employer, in line with the policies of outsourcing work carried out by large companies for several decades".Born in the mobility sector, platformization now extends to the entire economy
The phenomenon of platformization has been driven by mobility platforms, which have been the focus of public attention in recent years. This movement is now spreading to all sectors of the economy and is reflected in an explosion in the number of platform workers. This dynamic, whose effects on the economy and society are still insufficiently studied, must now be monitored more closely by the State's research and forecasting services.The trend extends first to business services. Whether they are large groups, SMEs or VSEs, the latter are making massive use of platforms for their recruitment needs, their accounting management or certain legal or administrative procedures.
"The proliferation of service platforms for individuals presents significant risks in terms of guaranteeing the quality of the services provided and destabilizing the professionals established on the market. A better control of the qualification of their workers is necessary, as well as a valuation of the know-how and skills by the platforms".Increased polarization of the labor market to the detriment of the least qualified workers
The platformization of the economy is making a major contribution, as the fact-finding mission notes, "to the polarization of the labor market between effectively independent workers who have freely chosen this status in order to satisfy their need for independence and to increase their income, the so-called 'freelancers', and low-skilled workers who suffer from a situation of great insecurity as a condition of access to the platform and are often placed in a situation of subordination to it. The platforms allow the latter to access an activity and not a job, in the context of a real "cracking" of work.The fact-finding mission observes that it is important to recognize the impact of the platform model on job insecurity: " While platforms allow people who have been excluded from the traditional labor market to integrate into it in good times and bad, they often place their workers in a position of economic dependence by exercising more or less assertive managerial power over them, in particular through the unilateral setting of the price of the service and the conditions under which it is provided, and, more generally, through control of the essential elements of the employment relationship.
The low wages, the fragile social protection, the lack of professional prospects and the physical and psycho-social risks suffered by these workers have terrible consequences, the observation of which has allowed the emergence of a broad consensus in favor of improving their living and working conditions.In addition to the still insufficient guarantees granted by law to platform workers and the initiatives taken by some platforms, the fact-finding mission believes that it is now necessary to " guarantee all platform workers, and not just those on mobility platforms, the right to disconnect and to extend to platform workers the guarantees enjoyed by employees in terms of safety at work and to make the labor inspectorate responsible for monitoring compliance by platforms.
The implementation of social dialogue with platforms comes up against the isolation of their workers and competition law
In 2021, the Government outlined by ordinance the framework for a social dialogue between mobility platforms and their workers: by setting the modalities for the appointment of their representatives and by creating the Employment Platforms Social Relations Authority (ARPE), responsible for organizing the ballot and authorizing the termination of the business relationship between a platform and a workers' representative.Since self-employed workers are considered companies, "competition law stands in the way of the implementation of social dialogue with platforms in the name of the prohibition of cartels." While the European Commission initiated a process in 2020 "to ensure that the rules of competition law do not impede the conduct of social dialogue between self-employed workers and their clients," the senators regret that " the framework for social dialogue thus provided remains incomplete ": they want priority to be given to "the establishment of mandatory topics, among which must be the issue of pricing and income of workers."
Framing algorithmic management with transparency and explicability measures
For the fact-finding mission, the algorithmic management of platforms largely determines the working conditions and remuneration of workers, "well beyond a simple connection between supply and demand (...) The pricing algorithms, incentive mechanisms and rating systems have direct effects on the behavior of platform workers, modifying their organization and working hours, not allowing them to have visibility on their income, nor on their professional project. Ultimately, algorithmic management contributes to reinforcing the subordination experienced by platform workers and to making their working conditions more precarious."Under an apparent neutrality, algorithms can lead to the adoption of discriminatory provisions, which is particularly problematic in view of their increasing use in recruitment and personnel management.
It is therefore, conclude the senators, " essential today to develop measures promoting the explicability of algorithms", for workers and their representatives, as well as for user companies, while guaranteeing the portability of workers' data " to promote their independence and mobility".
Recommendations of the Senate information mission
Consolidate the available data on the phenomenon of platformisation- To deepen studies and collect more data, within the research and prospective services of the State administrations, on the impact of the phenomenon of platformisation on the economy and society.
- Extend to platform workers exposed to obvious occupational risks the guarantees enjoyed by employees in terms of safety at work.
- Extend the powers of the labor inspectorate to monitor compliance with the new obligations of platforms in terms of workplace safety.
- Extend to all platform workers the right to disconnect that mobility platform workers already enjoy.
- Enshrine in law the principle of a minimum remuneration for platform workers and refer the negotiation of this to social dialogue.
- Set the mandatory topics for social dialogue with platforms by including the issue of pricing of services and workers' remuneration.
- Organize a social dialogue at the level of each platform in addition to the dialogue planned at the sectoral level.
- Obtaining an exemption from the application of the provisions of European competition law for collective bargaining between platforms and their workers.
- Engage in a reflection to adapt labor law to the specificities of algorithmic management and its consequences on working conditions.
- Require work platforms to erase, at regular intervals, the history of ratings given by customers to workers who use them.
- Guarantee the right of platform workers' representatives to be provided with a comprehensible and up-to-date document detailing the logic behind the operation of algorithms.
- Make the confidentiality and professional discretion obligations that apply to employee representatives of platforms applicable to employee representatives of companies in order to facilitate the implementation of a social dialogue on the content of algorithms.
- Consult economic and social committees on the introduction, use and modification of artificial intelligence algorithms and tools in companies and allow them to benefit from the assistance of an independent and external expert.
- Complete the missions of the employment platform labor relations authority (arpe) so that it can support the representatives of platform workers in discussions and negotiations about the operation of algorithms and their consequences for workers.
- Systematically include clauses on the explicability and auditability of algorithms when negotiating a service contract between a company and a provider of algorithm design.
- Include awareness of ethical and explicability issues in the training of algorithm designers.
- Expand the scope of organizations and automated data processing operations that are required to undergo a data protection impact assessment (DPIA), including all automated data processing operations used for human resources purposes.
- Encourage digital platforms and companies to set up internal consultation structures, involving workers' representatives, to enable a partnership-based, ethical and responsible design and evolution of algorithms.
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