Verdrag inzake fatsoenlijk werk in de platformeconomie

For the purposes of this Convention:
a) the term “digital labour platform” means a legal person or, where applicable under national law, natural person that, through digital technologies, using automated decision-making systems: (i) organizes and/or facilitates work performed by persons for remuneration or payment, for the provision of service, upon request of the recipient or requestor;
(ii) regardless of whether that work is performed online or in a specific geographic location;
(i) organizes and/or facilitates work performed by persons for remuneration or payment, for the provision of service, upon request of the recipient or requestor;
(ii) regardless of whether that work is performed online or in a specific geographic location;
b) the term “digital platform worker” means a person employed or engaged to work: (i) for the provision of service organized and/or facilitated by a digital labour platform;
(ii) for remuneration or payment;
(iii) regardless of their classification of status in employment;
(i) for the provision of service organized and/or facilitated by a digital labour platform;
(ii) for remuneration or payment;
(iii) regardless of their classification of status in employment;
c) the term “intermediary” means a legal person or, where applicable under national law, natural person that makes available the work of a digital platform worker: (i) through contractual relationships with the digital labour platform and with the digital platform worker; or
(ii) as part of a subcontracting chain between the digital labour platform and the digital platform worker;
(i) through contractual relationships with the digital labour platform and with the digital platform worker; or
(ii) as part of a subcontracting chain between the digital labour platform and the digital platform worker;
d) the terms “remuneration” or “payment” mean the amount due under national laws and regulations, collective agreements or contractual obligations, to a digital platform worker, according to their classification of status in employment, in exchange for the work performed. Remuneration does not include any compensation for expenses or other costs incurred by digital platform workers in carrying out their work.

1. The Convention shall apply to:
a) all digital labour platforms;
b) all digital platform workers, unless otherwise specified in this Convention, whether they are in the formal or informal economy.
2. Where special problems of a substantial nature arise, each Member may, after consulting with representative organizations of employers and workers and, where they exist, with organizations representing digital labour platforms and digital platform workers, exclude from the application of all or part of the Convention:
a) limited categories of digital labour platforms; or
b) limited categories of digital platform workers.
3. In case of exclusions under paragraph 2 of this Article, and where practicable, the Member shall take measures to extend progressively the application of the Convention to the categories of digital labour platforms and digital platform workers concerned.
4. Each Member which avails itself of the possibility of exclusion under paragraph 2 of this Article shall, in its first report on the application of the Convention under article 22 of the Constitution of the International Labour Organization:
a) indicate the limited categories of digital labour platforms or of digital platform workers excluded under paragraph 2 of this Article;
b) give the reasons for such exclusions and the position of its law and practice in respect of the categories excluded, stating the respective positions of the organizations referred to in paragraph 2 of this Article.
5. In its subsequent reports on the application of the Convention under article 22 of the Constitution, the Member shall specify any measures that may have been taken with a view to extending the application of the Convention to the categories of digital labour platforms or digital platform workers concerned.

Each Member shall take measures to respect, promote and realize, in the platform economy, the fundamental principles and rights at work, namely:
a) freedom of association and the effective recognition of the right to collective bargaining;
b) the elimination of all forms of forced or compulsory labour;
c) the effective abolition of child labour;
d) the elimination of discrimination in respect of employment and occupation;
e) a safe and healthy working environment.

1. Each Member shall take appropriate measures for the prevention of occupational accidents, occupational diseases and any other injuries to digital platform workers’ health arising out of, linked with or occurring in the course of their work.
2. In taking the measures under paragraph 1 of this Article, each Member shall specify the respective functions and responsibilities of public authorities, digital labour platforms, digital platform workers and other relevant actors, taking account of:
a) the complementary character of such responsibilities;
b) national conditions and practice and the classification of digital platform workers’ status in employment;
c) the need to assess occupational risks and take adequate preventive and protective actions.

Each Member shall take appropriate measures to ensure that digital platform workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, without suffering undue consequences, and that they shall inform the digital labour platform without delay.

Each Member shall take appropriate measures to effectively protect all digital platform workers against violence and harassment in the world of work, including violence and harassment perpetrated online or involving third parties such as clients and customers.

Each Member shall pursue, in their national policies and according to national circumstances, measures to promote the creation of decent work opportunities and to encourage career and skills development in the platform economy.

Each Member shall take appropriate measures to facilitate formalization of work via digital labour platforms, including registration of self-employed workers.

Each Member shall take appropriate measures to ensure the correct classification of digital platform workers in respect of the existence or non-existence of an employment relationship, guided mainly by the facts relating to the performance of work, the remuneration or payment of the digital platform worker, among other elements, and considering the specificities of work via digital labour platforms.

1. Each Member shall take measures to ensure that the remuneration or payment which is due to digital platform workers under national laws and regulations, collective agreements or contractual obligations is paid in a timely manner, in full, subject to lawful deductions, to the extent authorized by national laws and regulations or collective agreements, and by lawful means of payment, including electronic transfer where permitted under national laws and regulations.
2. Each Member shall also take measures to ensure that digital platform workers in an employment relationship:
a) receive remuneration, the amount of which, excluding any tips or other gratuities, is in no case lower than the applicable statutory or negotiated minimum wage, if any;
b) are compensated, according to national law and practice, for expenses or other costs incurred in the performance of their work.
3. Each Member shall give consideration to whether the measures adopted notably under paragraph 2(a) of this Article shall be provided to digital platform workers who are not in an employment relationship.

Each Member shall take appropriate measures to require digital labour platforms to provide in a timely manner digital platform workers with accurate and easily understandable information on their remuneration or payment and any deductions made.

Each Member shall take measures to ensure that digital platform workers have access to social security protection on terms no less favourable than those applicable to other workers with the same classification of status in employment.

Each Member shall require digital labour platforms to inform digital platform workers, before their employment or engagement, and their representatives or representative workers’ organizations and, where they exist, organizations representing digital platform workers, about:
a) the use of automated systems, based on algorithms or on similar methods, to monitor or evaluate work, or to generate decisions relating to work;
b) the extent to which the use of such automated systems has an impact on the working conditions of digital platform workers or their access to work.

Each Member shall take appropriate measures to ensure responsible use of automated systems by digital labour platforms as defined in Article 1(a), as consistent with Member States’ obligations to respect, promote and realize the fundamental principles and rights at work.

1. Where decisions are generated by an automated decision-making system, each Member shall take appropriate measures to require digital labour platforms to ensure that digital platform workers have access, on request, and without unreasonable delay, taking into account the classification of status in employment, to:
a) a written explanation for significant decisions that adversely impact their working arrangements and access to work;
b) a review of decisions, as appropriate, that result in the non-disbursement of any amount due to digital platform workers, or the suspension or deactivation of their account, or the termination of their employment or engagement with a digital labour platform.
2. In giving effect to paragraph 1, each Member shall ensure that digital labour platforms have appropriate human involvement.

1. Each Member shall establish effective and appropriate safeguards concerning digital platform workers’ personal data and ensure that it is processed for the legitimate purpose for which it is collected, and not further processed in a manner that is incompatible with the rights and protections set out in this Convention.
2. Each Member shall ensure that digital platform workers have the right to request access to, and the rectification and erasure of, their personal data processed by digital labour platforms, subject to applicable data retention laws.

Each Member shall take appropriate measures to prohibit the suspension or deactivation of a digital platform worker’s account, or the termination of their employment or engagement with a digital labour platform, when it is based on discriminatory or otherwise unlawful grounds.

Each Member shall, in accordance with national law and practice, take measures to ensure that digital platform workers receive timely, verifiable and easily understandable information on the terms and conditions of their employment or engagement.

The terms and conditions of employment or engagement of digital platform workers shall preferably be governed by the laws and regulations of the country where the work is performed, unless otherwise provided for in national laws and regulations, international instruments or multilateral or bilateral agreements, taking into account the contractual arrangements.

Each Member shall take measures to prevent abuses of, and provide adequate protection to, migrants and refugees in the course of their recruitment or engagement and their work as digital platform workers.

Each Member shall take measures to ensure that digital platform workers and digital labour platforms have easy access to safe, fair and effective dispute resolution mechanisms and to appropriate and effective remedies.

Each Member shall take measures so that mechanisms are in place for ensuring compliance with and enforcement of relevant national laws and regulations and collective agreements.

Each Member shall, in implementing the Convention, take measures to ensure that digital platform workers enjoy protection no less favourable than that enjoyed by other workers with the same classification of status in employment.

1. Each Member shall implement the provisions of the Convention in consultation with the most representative organizations of employers and workers through laws and regulations, collective agreements, court decisions, a combination of these means, or in any other manner consistent with national practice.
2. Each Member shall implement the provisions of the Convention in relation to digital labour platforms and intermediaries operating, and digital platform workers working, in its territory.
3. Where the use of intermediaries is permitted, Members shall determine and allocate the respective responsibilities of digital labour platforms and intermediaries to ensure compliance with the provisions of the Convention.
4. In implementing this Convention, each Member shall take appropriate measures to protect commercially sensitive information of digital labour platforms.

For the purposes of this Convention, any use of the generic masculine form shall be construed as non-exclusive and including also women, unless the context clearly indicates otherwise.

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification is registered.

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention within the first year of each new period of ten years under the terms provided for in this Article.

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and denunciations that have been communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the last of the ratifications required for entry into force that has been communicated, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention will come into force.

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and denunciations that have been registered in accordance with the provisions of the preceding Articles.

At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision.

1. Should the Conference adopt a new Convention revising this Convention, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 28 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

The English, French and Spanish versions of the text of this Convention are equally authoritative.