FAQs

The Order will enter into force as from 3 months from the date of the publishing of the order. This grace period has been established to ensure that the digital labour platform and/or the agency to organise themselves and regularise themselves in accordance with the provisions of the order.

The current labour force which has been already engaed to prform the labour work will be considered as an employee from the entry into force of this order. Therefore, the date of engagement of the workers shall also be according to such date.

However, with regards to the probationary period, any platform worker shall be considered to have already been engaged on the initial date of employment and the provision of service shall be deemed as continuous by the platform worker with the respective digital labour platform or work agency accordingly.

Upon entry into force of this order the employer shall ensure that those who have an employment relationship are given an employment status of indefinite or definite period and/or either on a whole-time or part-time basis.

Employers are to ensure that provide at least the minimum wage as applicable by law, overtime rate where and when applicable according to the law, and all the statuary leave and special leave.

The employer must ensure that all relevant information tied with the conditions of work is made available to their employees as stipulated in the Transparency and Predictable Working Conditions Legal Notice. That is, within 7 calendar days the employers must ensure that they provide the employee with the following information:
– the basic information of the employer
– the place of work (in this cases since there is no fixed place of work the employer can designate the workplace of the of the digital labour platform or the work agency or where appropriate the residence of the employer)
– title of the job and job description,
– starting date of the employment relationship,
– termination procedures,
– renumeration and salary package,
– probationary period,
– and other work arrangements such as overtime and shift changes
Beside the above other information pertaining the conditions of work needs to be provided within 1 month of the employment of the starting date of employment. These are as follows:
– entitlement to training,
– information of paid leave in accordance with law,
– applicable collective agreements,
– social security institutions receiving contribution

Given the very specificity of this labour niche over and above the information aforementioned the employer shall provide the employee within the first day of the worker’s employment date with the following information in written or electronic format as long as it can be printed or stored:

– information on the automated monitoring system which are sued to monitor, supervise or evaluate the work performance of platform workers through electronic means.
– Information on automated decision-making systems which are used to take or support decisions that will significantly impact or affect the platform workers’ working conditions, in particular their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion and the status relating to their employment, including the restriction, suspension or termination of the workers’ digital account.
– information on how the main parameters that such systems take into account and the relative importance of those main parameters in the automated decision-making system, including the way in which the platform workers’ personal date or behaviour influence decisions
– information on which grounds for the decisions to restrict suspend or terminate the platform worker’s account or any decisions with similar effect.

Employers are also obliged to make available the above information to the Department for Industrial and Employment Relations and the respective representatives of the workers upon request within a reasonable timeframe.