The European Union will stop platforms like Uber and Didi

Therefore, the new EU rules introduce a presumption of employment relationship -instead of self-employed- which is activated when two of the five warning lights or direction indicators are present.

However, the EU did not clarify these criteria and only stated that “this list can be extended by Member States”. These indicators are characteristics that indicate that the employer has some degree of control or management over the way work is performed. For example, it may include how trips or hours worked are allocated.

The transparency It’s another duty. Currently, people who work on platforms do not have access to information about how algorithms work and how their behavior affects the decisions of automated systems. With the new rules, platforms will provide this information to workers and their representatives.

Platforms will also be prohibited from making some important decisions, such as dismissal and account suspension decisions human supervision. In addition, platforms will also be required to assess the impact of decisions made or supported by automated monitoring and decision-making systems on working conditions, health and safety and fundamental rights.

The new rules will also prohibit platforms from processing certain types of personal data, such as personal beliefs, private exchanges or when a worker is off-hours.

They will have to too to pass on information about workers they employ relevant national authorities and representatives of the people who carry out the work on the platform, such as trade unions.

“Today we can tell the platform’s 40 million workers that Europe is here for them, even for the most precarious workers,” said MEP Elisabetta Gualmini.

The Road to Mexican Regulation

This is a discussion that started years ago. Uber CEO Dara Khosrowshahi wrote in August 2020 an article for the NY Times titled : “I’m the CEO of Uber and the workers of the platform deserve better.”

In it, Khosrowshahi expressed concern over why the platform’s workers could not be considered “employees” as they would lose the main benefits offered to them, such as flexible working hours.

He also pointed out that although many regulators are pushing for social security for these drivers, in their internal data drivers say they prefer other benefits, as many already have their own health insurance.

What Khosrowshahi is proposing is that gig economy companies have to set up benefit funds that give workers cash to use for whatever benefits they want, like health insurance or paid time off.

But until now, these words have not become reality, especially in Mexico.

In 2022, the groups Ni un repartido menos, Ni una repartido menos and Nosotrxs, as well as Didi, Rappi and Uber, made a decalogue where one of the main proposals is a new regulatory framework where platform workers are neither considered nor independent. paid because they are neither.

They also proposed social protection for those working more than 48 hours a week and a basic weekly minimum wage.

For her part, Patricia Mercado, representative of the Civic Movement, drew attention to this topic and among her proposals is to generate two types of jobs: dependent and independent. That is, if working on these platforms is the only activity and therefore they invest more than 48 hours a week, or it is not their main activity. “The workers of the future will not continue to languish in precarious work because decent and decent work is the primary means of ending inequality and exclusion.”

But these words were in 2022, and in 2023 all that was achieved was that, amid the discussion of reduced working hours, the platforms offer “rewards” for those who work more, which are discounts on basic necessities. . By 2024, there is no indication that the new regulatory framework could be effectively implemented. At least not in Mexico – yet -.

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