The Bill of Rights for Open Work
How Open Work should protect and empower employees
It’s yet to be seen as to whether Open Work will manifest as a VC-backed technology company, a joint venture by the HR technology incumbents, a regulated “utility”, or a government-led initiative.
Regardless of which path emerges as the best governance model, some questions have emerged on how to properly balance power between employees, employers, and the platforms themselves.
If I had to establish the Bill of Rights for Open Work today, here’s what I’m sure should be included:
Right to Access – Workers can see the same reports, metrics, and insights that employers see about them
Right to Consent - No employer can access a worker’s record without that worker’s explicit permission
Right to Transparency - Workers can always see who has requested and viewed their data, when, and for what purpose
Right to Correct Errors & Appeal Decisions – Workers have a clear process to challenge inaccurate or incomplete information. If an employer submits disputed performance information, workers have access to a fair dispute resolution process
Right to Context – Workers can provide explanations or context alongside performance records (for example, explaining an absence due to a family emergency).
Aside from these core tenets, trying to strike the balance between accountability and agency has proved that the grey area is much larger than the low hanging fruit of non-negotiables. Here are some examples:
Should a worker be able to select which parts of their performance record to share, or be required to share everything that’s reported? If so, how they should they be able to split their record?
Should an employer be able to require that all workers have their performance reported? Should workers have a right to opt out?
Should a worker be able to permanently delete their record from all Open Work platforms?
Should there be a sunset period where performance data from a long time ago is no longer a part of the record? How long should that be?
How should Open Work platforms engage with law enforcement agencies in criminal investigations involving workers?
Who should make all these decisions? Open Work platforms? Employers? Employees? Unions? Governments? What’s the process for balancing the competing desires of these stakeholders?
One day, we’ll assemble a “Constitutional Convention” for Open Work to hash these out. Please reach out if you have thoughts on any of the above.