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S.L. 452.127 · Digital Platform Delivery (Conditions Of (S.L. 452.127)

S.L. 452.127 чл. 19Human review of significant decisions.

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(1) Platform workers shall have the right to obtain an explanation from the employer for any decision taken or supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in article 17 (1)(b).

(2) Without prejudice to the provisions of sub-article (1), the employer shall provide platform workers with access to a contact person designated by the employer to discuss and to clarify the facts, circumstances and reasons having led to the decision. The employer shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

(3) Where platform workers are not satisfied with the explanation or the written declaration of the reasons given or they consider that the decision infringes their rights, they shall have the right to request the employer to review that decision. The employer shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one (1) week of receipt of the request:

Provided that in the case of employers that are micro, small or medium-sized enterprises, the deadline for the provision of the reply referred to in this sub-article shall be extended to two (2) weeks.

(4) Where the decision referred to in this article infringes the platform worker’s rights, the employer shall rectify that decision without delay or, where such rectification is not possible, offer adequate compensation.

(5) This article shall be without prejudice to the rights of the platform worker to institute proceedings before the Tribunal where he may claim unfair dismissal and the relevant provisions of the Act shall apply.