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On 11 March, after more than two years of negotiations, EU employment and social affairs ministers finally adopted the European directive aimed at guaranteeing minimum standards of protection for the 28 million or so people working for digital platforms in the EU.
Member States will have to establish a legal presumption of employment in accordance with national law and collective agreements. In the event of a dispute, it will be up to the platforms to prove that there is no employment relationship.
After months of disagreement, a compromise was reached in February last year, but it was rejected by Germany, France, Estonia and Greece. The latter two countries eventually followed the majority, leaving Germany – which abstained – and France – which asked the Commission for further legal clarification – on their own.
In the adopted directive, the mechanism for reclassifying workers has been watered down by removing the criteria for indicating subordination. Member States must now create a presumption of employment in their national systems to facilitate the reclassification of workers. The text also includes a chapter on algorithmic management in the workplace, prohibiting the processing of certain data, including mental state, religious affiliation or sexuality. On key algorithmic decisions, such as pay or suspension, the text goes further than the RGPD by explicitly stating that these decisions must be taken by humans.
The directive now needs to be ratified by the Council and the European Parliament, which should not be a problem. Member States will then have two years to transpose it into national law.
To find out more
EUROGIP report “Platform workers: what status for what social protection? Characteristics – European initiatives – Situation in 6 European countries” (in French, but summary in English is included)
