Better protection of platform work
Germany’s Council presidency discusses the next steps and Germany wants to lead the way
Dr. S-W – 12/2020
On the 3rd December, an informal video
conference between the European Ministers of Labour and Social Affairs was held
under the chairmanship of Federal Minister of Labour, Hubertus Heil. One of the
topics on the agenda was "Fair working conditions and social protection in
the platform economy". The ministers were asked to comment on two
questions against the background of the announcement of a relevant legal act by
the EU Commission:
- What
measures could best address the challenges of working conditions in the
platform economy? Where are the priorities?
- What role
should the EU play in this?
Several country representatives reported on
specific measures in the past and plans for the future with the Spanish
representative proposing the latter. Even though it was generally acknowledged
that it is often problematic to designate the status of platform work as a
dependent or self-employed form of employment, there was agreement that the
creation of a new status specifically for platform work would not be ground-breaking.
It is rather a matter of providing adequate protection to platform workers,
regardless of status. Most of the country representatives (with the exception
of Finland and Luxembourg) were not really convinced by the new European
legislative initiatives; on the contrary, much is expected from the newly
established European Labour Authority and from a European exchange of
experience.
European Parliament not inactive
The European Parliament has not been
inactive and it is planning a draft report on "fair working conditions and
social security for platform work" by January/February 2021 (rapporteur:
Sylvie Brunet, Renew Europe, FR). The Employment and Social Committee held a hearing on the 30th November to prepare for this. There was agreement among the experts
consulted that platform workers should be covered by the same level of social
security as salaried workers. The representative from the food delivery service
platform also supported an independent contribution by platform operators to
the payment of taxes and social security contributions as long as this did not
result in self-employed people becoming "employees". It also confirmed the general view that the
creation of a "third status" specifically for platform workers besides
that of employee or self-employed is unhelpful. During the hearing, a social
democratic MEP, Agnes Jongerius (NL) reported that the largest Dutch bank
estimates the potential from platform work (as a result of the global
restructuring of work) at up to 2 million euros, from a working population of 7
million.
The social affairs commissioner, Nicolas
Schmit explained on several occasions that it is too early to give details of
the proposed legislative initiative of the EU Commission on fair working and
social conditions for platform work. The social partners will have to be
consulted initially.
Benchmarks for fair work in the platform economy
Meanwhile, on the 27th November, Federal
Labour Minister, Hubertus Heil presented "Benchmarks
for fair work in the platform economy" in Germany.
According
to this proposal, self-employed platform employees are to be included in the
statutory pension insurance. Part of the contribution should be made by the
platform operators. Platform contributions for health insurance will also be
studied, as will accident insurance contributions. The minister also wishes to
reverse the burden of proof to a certain extent in the case of platform work:
The platform operator must provide contradictory evidence against any
indications or allegations of the existence of an employment relationship. Solo
self-employed platform workers should also receive such social benefits that
are usually regulated under labour law: Continued payment of wages in the event
of illness or maternity as well as holiday pay. The same applies to termination
rules.