The Social Affairs Ministers of the EU Member States spoke out against the creation of a new special status for workers on digital platforms on Thursday 3 December during a videoconference exchange organised by the German EU Council Presidency. Delegations seemed divided on the form that European action in this area should take.
When asked whether a new statute should be created to refer to workers on digital platforms, the answer was rather negative in a large number of Member States, such as Denmark, the Czech Republic and Belgium. Several States argued for remaining within the current binary model based on the status of employee and self-employed, with an extension of social rights for the latter category. Other Member States, such as Latvia, Ireland and Malta, seemed to be more inclined towards recognising self-employed status for persons who work on digital platforms.
As to whether a new binding initiative should be launched at European level, opinions have been rather disparate. Several Member States, such as the Czech Republic, Hungary and Poland, insisted on the proper implementation of existing legislation before embarking on a new legislative adventure. Slovakia stressed the importance of the new Written Contract Directive (see EUROPE 12237/10). Others recalled the role of the Recommendation on access to social protection (see EUROPE 12366/33). Bulgaria and Malta highlighted the strengthening of the exchange of good practice between Member States. The Scandinavian States insisted on respect for the autonomy of the social partners and respect for national traditions.
Luxembourg, on the other hand, alongside France, Italy and other Member States, stressed the need for a binding European framework. Several Member States highlighted the importance for European action to focus on cross-border situations. In this respect, several Ministers stressed the importance of the role of the European Labour Authority. Belgium cited the role of Eurostat, the Statistical Office of the EU, in collecting data on the platform phenomenon. Others mentioned the importance of the role of the National Labour Organisation.
Although there was disagreement on the method, the diagnosis was nevertheless shared. During this exchange, which took place in the presence of the Commissioner for Jobs and Social Rights, Nicolas Schmit, and the German Federal Minister Hubertus Heil, there was a clear consensus on the need to act, while not losing sight of the need to maintain flexibility and to adopt a balanced approach, as underlined by Estonia. The important thing, in the eyes of some delegations, is not to hinder emerging European start-ups.
However, many Ministers stressed the need for legal clarity, as did the Austrian Minister. Workers must be better protected, their access to social protection, particularly in the event of accidents, must be facilitated, and they must be given the right to training. Several Member States, such as Spain, have highlighted the unfair competition generated by these platforms. Others, such as the Netherlands and Austria, have expressed concerns about the protection of workers’ data and the lack of transparency of the algorithms used by the platforms to track them.
The Commission is perplexed on the question of status. Questioned by EUROPE, Commissioner Schmit reiterated his position already expressed before the European Parliament (see EUROPE 12613/33): it is better not to take the problem by the question of status, at the risk of provoking an endless debate. In his view, it is preferable to extend rights to all workers, based on the definition of ‘worker’ by the EU Court of Justice. Mr Heil went in the same direction.
The Commission will launch a broad consultation on the issue in early 2021. (Original version in French by Pascal Hansens)