Labour law implications of the valuation of employee service provision by the company’s clientele: Data protection, algorithms and workforce management

Abstract

The workforce management technique consisting of offering the company’s clients the opportunity to assess the provision of services by its workers serves above all to organize work, with consequences in terms of remuneration or productive reorganization. In digitalized companies, the processing of worker data resulting from these assessments must fit into the legal basis on which it is based. The regulations on data protection and algorithms apply to both subordinate and selfemployed workers, and there are arguments to interpret that a digital platform can use TRADE electronic profiles to assign tasks that process them digital reviews without falling into the legal presumption of subordination of work on delivery platforms