“Improve the working conditions and social rights of people working for digital platforms” : this was the wish of the European Commission, in December 2021, when it launched a proposal for a directive on self-employed workers such as meal delivery drivers, transport car drivers with chauffeur (VTC), but also certain translators or home help. After more than two years of lively discussions, this directive has undoubtedly seen its last chance to materialize disappear.
Friday February 16, during the Committee of Permanent Representatives of the Council of the European Union (EU), the German, Greek, and Estonian governments – the nation of Bolt VTCs – abstained from voting on the latest version of the directive, negotiated in trilogue with the European Commission and Parliament on February 8. France, for its part, declared that it was not “not able to support the text”, which constitutes abstention. These four states forming a blocking minority according to community rules, the text could not be voted on as it stands.
The trilogue of February 8 resulted in a lighter version of the presumption of salaried employment, supposed to allow workers who so wish to obtain the status of employees and the related rights (paid leave, compensated sick leave, unemployment), provided they prove the subordination link with the platform which employs them. Out of 28 million workers affected in 2022 (a figure which could reach 43 million in 2025), Brussels estimates the number of workers to be 5.5 million. ” fake “ independent.
While MEPs – from the far left to the right – have wanted an unconditional presumption for two years, European governments have pushed to define strict requalification criteria applicable to all states, leading in December 2023 to a first trilogue agreement. on a list of five criteria to trigger the presumption. These criteria did not suit France, the latter had already positioned itself against this first agreement.
“Dogmatic position”
The February update doesn’t suit him either. It was to oblige member states to create a legal and rebuttable presumption of employment in their respective laws, this time leaving them room to define it at national level. It is the absence of criteria which now poses a problem for France. There are two difficulties, justified at World a French diplomatic source: the very vague nature of what States must put in place, which would cause difficulties in transposition, and the lack of harmonization in the application of the presumption at European level, “potentially generating numerous disputes”.
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