The European Parliament and the member states of the European Union (EU) agreed on Wednesday December 13 on legislation to strengthen the rights of workers on digital platforms such as Uber or Deliveroo.
This text plans to reclassify as employees many people currently considered independent in order to strengthen their social protection in particular, underlined the European Parliament.
While regulations on platforms are today very disparate among the Twenty-Seven, the new legislation intends to set identical rules at EU level to determine whether meal delivery drivers or VTC drivers working for large digital platforms must be reclassified as employees. The EU estimates “at least 5.5 million”out of a total of some 30 million, the number of platform workers today wrongly considered self-employed.
“Drivers and delivery people will obtain the social rights to which they are entitled” while “platforms will benefit from legal certainty”welcomed European Commissioner Nicolas Schmit, at the origin of the Commission’s proposal presented in December 2021.
Five common criteria
Since then, the text has been negotiated by the co-legislators who announced a political agreement on Wednesday. It will still have to be formally approved by MEPs in plenary session and by the Council of the EU which represents the member states. “This is a groundbreaking agreement and the first legislative framework for digital platform workers”rejoiced Italian Social Democratic MEP Elisabetta Gualmini, rapporteur of the text.
In order to harmonize the status of platform workers, the new legislation establishes five criteria: the fact that a platform sets remuneration levels, remotely supervises services, does not allow its employees to choose their schedules or refuse missions, imposes the wearing of a uniform or even prohibits working for other companies.
If at least two criteria are met, the platform would be “alleged” employer and should submit to labor law obligations (minimum salary, working hours, sick pay, safety standards, etc.) imposed by the legislation of the country concerned. Member States will have the possibility of expanding this list of criteria.
The presumption of employment may be triggered by the worker, by his representatives and by the competent authorities on their own initiative. In the event of a challenge by the platform, it will have to provide proof that the independent status is justified in order to overturn the decision.