New platform directive: A major win for social Europe

The text as adopted by the European Parliament plenary yesterday foresees:

• new rules to rectify false self-employment of dependent workers in platforms, in order to subject them to core worker and labour rights. In doing so, the envisaged directive seeks to introduce a presumption of a ‘regular’ employment relationship (in contrast to one of alleged self-emploment) which applies as soon as predefined facts indicate that worker control and management by platforms are present. This presumption can be rebutted by platforms, with the burden of proof of ‘correct’ self-employment lying on the platform.
• new rules to prohibit worker management decisions by algorithms with far-reaching consequences, like decisions to lay off a worker.
• new rules on the protection of data of workers which platforms may use and process.

CESI Secretary General Klaus Heeger said: “Just some weeks ago, negotiations on the platform directive seemed in a dead end, with a blocking minority in the Council spearheaded by Germany and France. We appraise the Belgian Presidency and the European Parliament rapporteurs for their re-negotiation efforts and their courage to push the directive through even by sidelining – and essentially isolating – the big players Germany and France in the Council.”

He added: “Millions of misclassified platform workers can now hope for fairer employment. The text now endorsed by the European Parliament features many provisions that we have demanded during the last months and years. But we should remain cautious nevertheless. Even if formally fully adopted, this is a novel type of directive for an economic sector that develops and transforms at a huge speed. We will need to monitor the directive’s implementation closely and carefully assess to what extent it delivers effectively. If necessary, we will need to push for legislative adjustments in due time.”