December 2021, the European Commission presented a package of measures to
improve the working conditions of platform workers. A key component is a draft
directive on improving working conditions in platform work. But are the
proposed regulations sufficient or perhaps too far-reaching?
In our current ed* magazine, we explore these questions and
provide an overview of the current discussion of the proposed directive.
Focus on employment status determination
European Commission's draft directive is intended to strengthen the rights of
platform workers and provide both platform operators and employees with greater
legal certainty. In this context, the determination of employment status is at
the centre of the draft directive and also the focus of the debate. This is
because many platform workers are considered self-employed, although they are
de facto employees, thus falling through the social security net.
particular, the European Commission’s proposals on the determination of
employment status on the basis of the legal presumption by means of five
criteria, the reversal of the burden of proof and the non-suspensive effect of
an objection to the employment status determination are the subject of
digital transformation has also created new opportunities for algorithmic
management. However, in addition to the potential for innovation, this comes with
issues of surveillance, data use, equality, and discrimination against platform
draft directive further provides for the extension of transparency and
reporting requirements for digital labour platforms. This concerns all relevant
data for status determination and includes information to be transmitted
uniformly throughout the EU as well as additional clarifications and details on
the data provided at the request of the labour and social security authorities.
This is a core aspect from DSV's point of view. Extensive and meaningful
information about the employment relationship is essential for an accurate and
quick determination of the employment status.
Belgium – Pioneer in implementation
topic newsletter also presents the labour market reform presented by the
Belgian government in February 2022. Although the directive has not yet been
adopted at the European level, the Belgian government refers to the European
Commission's draft directive for the requirements for determining the
employment status of platform workers. With regard to the envisaged mandatory
coverage of all platform workers against occupational accidents, regardless of
employment status, Belgium clearly goes beyond the proposal for a directive.