PLATFORM-WORK, Artikkel 11, DE

1. Member States shall ensure that persons performing platform work have the right to obtain an oral or written explanation from the digital labour platform for any decision taken or supported by an automated decision-making system without undue delay. The explanation shall be provided in a transparent and intelligible manner, using clear and plain language. Member States shall ensure that digital labour platforms provide persons performing platform work with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the competence, training and authority necessary to exercise that function.

Digital labour platforms shall provide the person performing platform work with a written statement of the reasons for any decision taken or supported by an automated decision-making system to restrict, suspend or terminate the account of the person performing platform work, any decision to refuse the payment for work performed by the person performing platform work, any decision on the contractual status of the person performing platform work, any decision with similar effects or any other decision affecting the essential aspects of the employment or other contractual relationships, without undue delay and at the latest on the date on which it takes effect.

2. Persons performing platform work and, in accordance with national law or practice, representatives of persons performing platform work acting on their behalf shall have the right to request the digital labour platform to review the decisions referred to in paragraph 1. The digital labour platform shall respond to such request by providing the person performing platform work with a sufficiently precise and adequately substantiated reply in the form of a written document, which may be in electronic form, without undue delay and in any event within two weeks of receipt of the request.

3. Where the decision referred to in paragraph 1 infringes the rights of a person performing platform work, the digital labour platform shall rectify that decision without delay and in any case within two weeks of the adoption of the decision. Where such rectification is not possible, the digital labour platform shall offer adequate compensation for the damage sustained. In any event, the digital labour platform shall take the steps necessary, including, if appropriate, the modification of the automated decision-making system or the discontinuation of its use, in order to avoid such decisions in the future.

4. This Article does not affect disciplinary and dismissal procedures laid down in national law, collective agreements and practice.

5. This Article shall not apply to persons performing platform work who are also business users as defined in Article 2, point (1), of Regulation (EU) 2019/1150.

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