“This is a historic agreement. This is the first time that we are creating a framework of social rights for millions of workers in Europe, who are among the most precarious”summarizes Elisabetta Gualmini, Italian Social Democratic MEP and rapporteur for a directive aimed at strengthening the rights of independent platform workers (Uber, Deliveroo, etc.).
On Wednesday December 13, negotiators from the Council of the European Union and the Parliament reached an agreement. This text provides in particular for a “presumption of employment”intended to facilitate procedures for individuals who wish to be considered as employees.
Today, it is up to the self-employed person to prove that there is a relationship of subordination between him and the company that pays him. Since 2018, many VTC drivers or bicycle delivery people have obtained their requalification in court, throughout Europe. The directive seeks to harmonize the status of these atypical workers across the continent.
5.5 million people would be affected
This agreement comes two years after the first version of the text. In their first proposal, MEPs wanted to obtain a simple presumption, meaning that any worker could be recognized as an employee by requesting it. “These self-employed people have the disadvantages of employee status without having the advantages (paid leave, minimum salary), believes Leïla Chaibi, French MEP (The Left in the European Parliament) and vice-president of the Parliament’s Committee on Employment and Social Affairs. We wanted to get closer to the Spanish model, which imposes salaried employment for meal delivery workers. »
Finally, if a worker wants to be considered an employee, he will have to correspond to two indicators out of five – which could still be slightly modified, according to Mme Chaibi: “If the remuneration is set by the company, if the latter supervises work performance by electronic means, if it determines the allocation of missions, if it limits the possibility of the worker to build his own client portfolio and if it limits his ability to freely organize his work. » Contrary to current procedures, it is the company which must provide proof that the worker is indeed independent.
“It’s not too bad to only retain two conditions, some were pushing for there to be more criteriareacts Kevin Mention, lawyer who obtained in court the requalifications of numerous delivery workers and drivers. Already, the criterion according to which it is the application which manages the work is almost systematically met in our files. » According to the European Parliament, 5.5 million people are affected by at least two indicators out of five, out of a total of 28 million platform workers on the continent.
You have 45% of this article left to read. The rest is reserved for subscribers.