Article 291-J Federal Labor Law

The rules for the assignment of tasks, services, works or jobs, through algorithms or analogous mechanisms shall be transparent, clear and known by all the employees on digital platforms. Algorithm shall be understood as the use of decision-making systems that allow exercising, in an automated or analogous manner, the command and supervision over the digital platform employee. The providers of services on digital platforms shall prepare a document of algorithmic management policy of work that informs the employees, using a simple and clear language, and avoiding the use of inexact, ambiguous or vague phrases, of the elements used by the algorithms for the decision-making that may affect the employment relationship. Said document shall contain the following:

I.The consequences of compliance or non-compliance with the instructions given to the employees, including the expectations in waiting, transfer and rendering times of the services, works, jobs or analogous;

II.The consequences and impact of the ratings given by third parties to the tasks, services, works, jobs or analogous provided by the employees;

III.The incentives and penalties used to influence the intensity, quality, frequency, time or pace of the work;

IV.Where applicable, the existence of categories whose membership influences in a positive or negative sense the assignment of tasks, services, works, jobs or analogous and the characteristics or general rules of said categories, and

V.Other criteria that may be taken into account for the decision-making of the algorithm, including those that have consequences for the access or restriction to future tasks, bonuses or sanctions and that allow reducing the asymmetry in the information that the employee has by reason of their labor.

The algorithmic management policy of work shall form part of the employment contract of digital platforms and must be known by all the employees at the beginning of the employment relationship, as well as immediately in case there exist changes in the elements described above in this article, which must be accepted by each employee, and explained in a clear and simple manner. The algorithm must be reasonable in its requirements and elements, attending to the objective conditions of the work and not putting at risk the health and integrity of the employee, nor being a factor of discrimination against them.