The EC presented a comprehensive package of
measures covering platform employment on December 9, 2021. The aim is to create
a pan-European framework for access to social protection and labour rights for
platform workers and to provide legal security for platform operators and
workers. The aim is to reap the benefits of the digital transformation and
protect the European social market economy. The EC is also seeking to make solo
self-employed workers eligible for collective bargaining. This will also include
the self-employed who are active on digital working platforms.
Proposal for a Directive covering the improvement of working conditions in platform working
In its proposal for a Directive, the EC has presented a list of
criteria for determining the employment status of platform workers. They are
based on decisions of the European Court of Justice (ECJ). If a platform meets
two of these criteria, it is legally presumed that the platform acts as an
employer and its platform employees are its workers. These platform employees
will then be subject to regulations covering working time and health
protection, the right to paid leave or improved access to protection against
accidents at work, compulsory social insurance that includes entitlement to
unemployment and sickness benefits. Platforms can challenge this
classification, whereby the burden of proving that there is no employment
relationship lies with the platforms.
The proposed directive also regulates the
use of algorithms by digital working platforms. Key aspects here are increased
transparency in their application and the right to challenge automated
decisions. These rights apply to all platform employees, regardless of their
employee status. The existing obligations to notify the national authorities
about the work have also been clarified.
Commission notification about "Better working conditions for a stronger social Europe: Harnessing the benefits of digitisation for the future of work"
The notification sets out the EU's concept and actions
regarding platform working. This notification also acts as a European input
point for discussing future global standards for platform employment. Member
States, social partners and all relevant stakeholders are also invited to
propose specific measures for improving platform working conditions.
Tariff eligibility for solo self-employed
The draft guidelines clarifying the application of EU competition
law to collective agreements for solo self-employed aim to ensure that EU
competition law does not preclude collective agreements for solo self-employed
regarding their working conditions and remuneration. The guidelines are binding
on the Commission regarding its subsequent interpretation and enforcement of
the EU competition rules.
The Commission's proposal for a Directive
to improve platform working conditions is now being discussed by the European
Parliament and the Council. Once adopted, member states will have two years to
transpose the Directive into national law.
The EC has launched a public consultation about the draft guidelines for applying
EU competition law with a deadline of February 24, 2022. The draft guidelines
will then be adopted by the EC.