Use digitalisation, but not at the expense of labour protection and social security
The European Parliament's resolution on platform working was adopted by a large majority.
VS – 09/2021
On 16th September the EP (European
Parliament) adopted a resolution covering a European framework for platform workers by 524 votes in favour, 39
against and 124 abstentions. This means that platform workers should have the
same level of social security as employees not employed on platforms and
employees with comparable fields of activity. MEPs believe that the current
European legal framework does not reflect the new realities of platform working
and therefore it needs to be adapted. It is important to take advantage of the
opportunities provided by technological progress. However, labour and social
security must be respected.
Determining the employment status - reversal of the burden of proof
Platform workers are often wrongly
classified as being self-employed. This results in them being denied access to
social security and other labour rights. Therefore the EP proposes reversing
the burden of proof for determining an employment status: in the event of legal
proceedings, the employer will be responsible for proving that no employment
relationship exists under the relevant national definition of dependent
employment. This should mean that platform workers will be treated as employees
until the matter has been clarified by the courts.
MEPs explicitly oppose a special third
employment status for platform workers. However, platform workers should not be
automatically classified as employees. Those who are genuinely self-employed
should retain their self-employed status.
Fair working conditions and health protection
A central demand is for the
"transparent, non-discriminatory, trustworthy and ethical" use of
algorithms. Moreover, from the point of view of the MEPs, it is essential that
decisions based on algorithms can be challenged as well as being made through
them.
The resolution contains several demands
that will strengthen the rights of platform workers vis-à-vis the platform
operators. Platform workers should have the right to union representation and
collective bargaining. Training and further education should be made possible
and exclusivity clauses should be forbidden. There should always be human
supervision in the decision-making processes.
The resolution also targets the poor
working conditions that platform workers are often subjected to. A healthier
and safer working environment should be realised through the provision of
protective and working materials. The EU’s member states are also being called
upon to provide platform workers with access to accident insurance, health
insurance and insurance cover in the event of a disability and to implement the EC’s
recommendation about access to social security for employed and self-employed
workers.
What's next?
The
EC has announced that there will be a draft directive presented by the end of
the year to improve the working conditions and social security for platform
workers. The EP has presented its priorities for the draft directive with this
resolution