The European Commission wants to ensure that EU competition rules do not hinder collective bargaining and has invited, in a press release issued on Wednesday 1 July, public and private stakeholders, but also competition authorities, academics, economists and lawyers to take part in the ongoing public consultation on the Digital Services Act package.
The institution is inviting social partners in particular to express their views on section V of the consultation devoted to the self-employed and platforms, in order to contribute to the ongoing reflections on this initiative. The EU Court of Justice recognises that workers do not fall within the scope of EU competition rules, explained the Commission in its press release. However, according to the guardian of the Treaties, doubts arise when it comes to extending collective bargaining to the self-employed.
"So today we are launching a process to ensure that those who need to can participate in collective bargaining without the fear of breaking EU competition rules", said Executive Vice-President Margrethe Vestager. Indeed, the Commission notes that the notions of 'worker' and 'self-employed' are becoming increasingly vague, as more and more workers have no choice but to accept a contract design ting them a self-employed person.
Unions disappointed
The European Trade Union Confederation (ETUC) reacted immediately and said it was "disappointed and frustrated" by the announcement, pointing out that in many Member States those who are self-employed and freelance workers are simply not allowed to bargain collectively. The option chosen by the European Commission to link the discussion on the digital services package, " could go on for years".
In respect of the trade unions, the EU just needs to confirm the interpretation of EU competition law to exclude collective agreements completely from the scope of Article 101 of the Treaty on the Functioning of the EU.
"It does not need years of debate and does not need to be linked to fixing a whole range of issues on digital services", commented ETUC Secretary General Luca Visentini, before recalling that "trade unions are not illegal cartels and wage setting is not price fixing". (Original version in French by Pascal Hansens)