Europe is ready to strengthen the rights of workers in digital platforms such as Uber or Deliveroo. It is a question of improving the lot of these people with precarious status
The 27 European States have just agreed on a common position which they will defend before MEPs, based on a text presented by the Commission in Brussels two years ago. This text provides for the requalification as employees of many people who are currently considered to be self-employed. If all the countries did not have the same perception of the subject, we finally arrive at a consensus.
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Problem in a Europe that claims to be united to defend the interests of workers: regulations on platforms – from VTC to home meal delivery – are very disparate. The new common position should make it possible to set identical rules across Europe. The ultimate objective is to determine whether VTC drivers or meal deliverers who work for large platforms should be requalified as employees.
Criteria retained
On the one hand, Brussels wants to create what it calls “a presumption of employment” on the basis of five well-defined factors. For example, if the digital platform sets the level of remuneration of its employee, if it supervises services remotely, does not allow its employees to choose their schedules or refuse assignments, imposes the wearing of a uniform or prohibits work for other companies.
If at least two of these criteria are met, the platform would then be presumed to be an employer and should submit to the obligations of labor law with minimum wages, working hours, sickness benefits, paid holidays, pensions, etc. For their part, the 27 member countries want to restrict this field of presumption of employment, but maintain strict conditions.
The final negotiations between the 27 member countries and the MEPs who legislate can begin. They should last several months before a final text. This is not to the liking of the platforms concerned (500 in Europe for 28 million associated workers) who, if the legislation changes, risk numerous legal remedies, and will have to completely review their economic model which is already fragile.