Draft directive on the protection of platform workers: what is the state of play in the Council?

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The EU Presidency presented a progress report on the proposal for a directive on improving working conditions in the context of platform work to the Employment, Social Policy, Health and Consumer Affairs Council on 16 June 2022.

The Commission presented its proposal for a directive on 9 December 2021. On 22 December, the French Presidency sent out a questionnaire on the impact assessment to which 25 Member States replied. Following a first reading of the text – meetings in January, March and April – the Commission provided clarifications specifically on the legal presumption of salaried status and its reversal. On this basis, the French Presidency was able to draw up a first compromise text with the main objective of clarifying the technical aspects of the text, focusing exclusively on Chapters I (General Provisions) and II (Employment Status) and the relative recitals.

According to the Council, further technical work and discussions are necessary. It also underlines that the vast majority of delegations welcomed the proposal in principle, stressing the need for time to assess all the consequences of the proposal. For the time being, all delegations maintain general scrutiny reservations on the text. Denmark and the Netherlands maintain parliamentary scrutiny reservations.

Although MEP Elisabetta Gualmini (S&D, Italy) presented her report on 19 May, the European Parliament has not yet adopted its position at first reading. It is recalled that on the legal basis of the Treaty on the Functioning of the European Union (TFEU), the Council is required to act together with the European Parliament in accordance with the ordinary legislative procedure.

In view of the discussion in the Council, it should also be pointed out that the European Trade Union Confederation (ETUC) had sent a joint plea from self-employed workers’ organisations and employees’ trade unions calling for an “effective” text on improving working conditions in platform work.

Report on the state of play of the Council on 30 May 2022

EUROGIP report on the protection of platform workers in Europe