PLATFORM-WORK, Article 6, SE

Member States shall establish a framework of supporting measures in order to ensure the effective implementation of and compliance with the legal presumption. In particular, they shall:

(a)

develop appropriate guidance, including in the form of concrete and practical recommendations, in order for digital labour platforms, persons performing platform work and the social partners to understand and implement the legal presumption, including the procedures regarding its rebuttal;

(b)

develop guidance and establish appropriate procedures for national competent authorities in accordance with national law and practice, including on cooperation between national competent authorities, in order to proactively identify, target and pursue digital labour platforms which do not comply with rules applicable to the determination of the correct employment status of persons performing platform work;

(c)

provide for effective controls and inspections conducted by national competent authorities, in accordance with national law or practice and, in particular, provide, where appropriate, for controls and inspections on specific digital labour platforms where the existence of an employment relationship between such a platform and a person performing platform work has been ascertained by a national competent authority, while ensuring that such controls and inspections are proportionate and non-discriminatory;

(d)

provide for appropriate training for national competent authorities and provide for the availability of technical expertise in the field of algorithmic management, to enable such authorities to carry out the tasks referred to under point (b).

Official source

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