15 Amendments of Kim VAN SPARRENTAK related to 2020/2216(INI)
Amendment 21 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas technology-enabled surveillance, monitoring and control in the workplace, such as prediction and flagging tools, remote monitoring and time-tracking and algorithmic management can generate excessive speed and efficiency pressure for workers, track employees’ behavioural patterns, exacerbate discriminatory practices and entail significant risks for privacy and human dignity;
Amendment 28 #
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas algorithmic management can create power imbalances and obscurity about decision-making and must be fully transparent in order for workers to effectively challenge these decisions;
Amendment 32 #
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the workers have the right not to be subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679 (GDPR), which means there must be human oversight;
Amendment 40 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the future regulatory framework for AI in the European Union should address the specificity of the workplace, including the bargaining inequality between workers and employers and ensure that workers’ rights are fully respected and adapted to the new forms of work relations and work organisation, in a way that secures jobs and improves upon wages and working conditions, while safeguarding the quality of employment; stresses, in addition, that the European AI framework should be based on the respect of European values, Union rulesTreaties of the European Union, and the Charter of fundamental rights of the EU, the European Social Charter of the Council of Europe, and the principles of the European Pillar of Social Rights;
Amendment 63 #
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that AI must serve exclusively as an aid to human performance and comply with all rules ensuring respect for fundamental rights, including the protection of personal data and privacy, and the prohibition of arbitrary profiling and undue surveillance;
Amendment 94 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the use of AI applications, algorithms and process development affecting all aspects of work and workers’ rights, such as recruitment processes, must not discriminate againstcannot infringe the right to non-discrimination enshrined in Article 21 of the European Charter of Fundamental Rights of workers and vulnerable groups nor reinforce inequalities on the pretext of gender, age, disability or nationality; Calls on the Commission to put in place adequate safeguards in the announced AI regulation to counter discrimination by AI by ensuring that the information or datasets used to run or train AI used on the workplace represent diversity and are not biased, including tools like consumer- sourced rating systems, which can reflect biased and discriminatory practices towards workers;
Amendment 103 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to ensure appropriate protection of workers’ rights and well- being, such as non-discrimination, privacy, human dignity and protection against exploitation by employers in the use of AI in the workplace, including prediction and flagging tools to predict employees behaviour and identify or deter rule-breaking or fraud, remote monitoring and time tracking software, and including algorithmic management of work activities, such as automated nudges, real-time progress monitoring and monitoring of performance metrics and decision-making with the help of AI, which can allow employers to compromise on what constitutes paid work time and can put excessive pressure on workers;
Amendment 110 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates that any use of AI at work must respect and adequately safeguard the right not to be subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679 (GDPR), which means there must be human oversight; Calls on the Commission and Member States to ensure a form of legitimate trust in employer-employee relations, where in case of divergence between AI results affecting an employee’s position and statements made by managerial staff that affect an employee’s position, the latter prevails;
Amendment 113 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses in case of use of AI in the workplace employers must be transparent about the fact they use AI, the parameters the algorithms take into account and the way AI is used;
Amendment 114 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Points out the potential of digital solutions, such as teleworking and AI applications, to support the integration of people with disabilities in the labour market;
Amendment 117 #
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates its call for legal protection for platform workers and teleworkers, as well as recognition of their status as such, to ensure that their entitlement to full social security protection is upheldlabour rights and social protection is upheld; Labour-intensive platforms exerting the prerogatives of employers should abide to all the legal obligations that this entails in terms of payment of income tax, financing of social protection, responsibility for health and safety, due diligence and corporate social responsibility and the employee status of their workers should be acknowledged through the rebuttable assumption of an employment relationship;
Amendment 129 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to improve labour conditions for platformpose a directive on decent working conditions and rights in the digital economy, covering all workers, in its upcoming legislative proposalcluding non-standard workers on atypical contracts, workers in platform companies and the self-employed, in order to guarantee healthy and safe working environments, quality employment and wages, the right to disconnect, the obligation of employers to offer perpetuallifelong digital retraining, and full, transparent checks of employees’ online identity as well as their right to organise, to be represented by trade unions and to negotiate collective agreements; Calls on the Commission to ensure mandatory human oversight for managerial decisions, such as hiring and or firing employees and appraisals;
Amendment 133 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that platform workers can exercise an effective right to data portability, their consumer-sourced ratings being included in the data;
Amendment 134 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to update the European Skills Agenda and the Digital Education Action Plan, so that workers can upskill and become qualified for the challenges of the future world of work; calls on the Member States to update their national vocational and professional training and upskilling programmes so as to ensure digital literacy and promote digital inclusion (οn average, 16 % of EU workers fear that digitalisation will render their skills outdated2 ); __________________ 2 Cedefop, ‘Artificial or human intelligence? Digitalisation and the future of jobs and skills: opportunities and risks’, p. 3. stresses that 90% of jobs require basic digital skills3a and women only represent 17% of people in ICT4a studies and careers in the EU5aand only 36% of STEM6a graduates7a, despite the fact that girls outperform boys in digital literacy8a; highlights the importance of education and skills development to address gender bias and support gender equality and calls for increased efforts on both the national and European level to break this gender imbalance; __________________ 2 Cedefop, ‘Artificial or human intelligence? Digitalisation and the future of jobs and skills: opportunities and risks’, p. 3. 3aEuropean Commission, ‘ICT for Work: Digital Skills in the Workplace’, 2017. 4aInformation and Communications Technology. 5a https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/EDN-20180425-1. 6a Science, Technology, Engineering and Mathematics. 7ahttps://op.europa.eu/en/publication- detail/-/publication/9540ffa1-4478-11e9- a8ed-01aa75ed71a1/language-en. 8a 2018 International Computer and Information Literacy Study (ICILS).
Amendment 152 #
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to improve occupational health and safety regulations in the context of human-machine synergies and to safeguard workers’ psychological and mental balance through expert support and an EU directive on work-related stress.the prevention of psychosocial risks; in this context, stresses the need for employees in the digital sector reviewing content moderation notifications or decisions to be well trained and have access to psychological support;