On Wednesday 24 February, the European Commission announced that it was launching the first stage of consultation with social partners to protect workers on digital platforms.
The consultation follows the communication entitled ‘A Strong Social Europe for a Just Transition’, which was launched in January 2020 (see EUROPE 12403/6). Under the European Treaties (articles 153 and 154 TFEU), the European Commission is required to consult social partners on social issues. The purpose of the first stage, which will last six weeks, will be to decide whether or not an initiative is needed at European level.
In the consultation document, the Commission notes that Member States’ attempts to improve regulation of the activities of these platforms is fragmented, focusing primarily on sectoral approaches or targeting ‘on-location platforms’, i.e. platforms that act as intermediaries to carry out activities in the physical world (car-pooling, household chores, plumbing, etc.)
The European Commission believes that EU action would therefore help to improve working conditions by tackling the regulatory patchwork across Member States, which works against the business activity of the digital platforms, as they are unable to take full advantage of the potential of the European internal market.
The Commission states that this would create fair competition between Member States. The cross-border nature of platform work is also an argument in favour of an EU approach, according to the Commission. Finally, European harmonisation could help to consolidate the EU’s position in the digital sector on the international stage.
The Commission therefore believes that an EU initiative would make it possible to: - address misclassification of employment status in platform work (i.e. reclassify spurious self-employed workers as employees); - ensure fair working conditions for all; - guarantee protection against economic and social risks for people working through platforms; - promote an EU approach to automated decision-making in platform work based on transparency, human oversight and accountability and full respect of data protection rules; - address access to collective bargaining and collective rights; - promote cross-border fairness in platform work; - equip people working through platforms with the tools to steer their careers and have access to professional development.
If social partners do not want to enter into negotiations, the European Commission will launch the second stage of consultation to draw up the content of the initiative in more detail. The second stage could begin before the summer.
Unions versus employers
BusinessEurope, which represents employers, reacted strongly on Twitter to the consultation, stressing that classification of employee status is a national matter. It warns against adopting a ‘one-size-fits-all approach’.
The European Trade Union Confederation, on the other hand, believes that the EU has to act, as the highest national courts are beginning to issue rulings clarifying the status of workers (as in the ruling against Uber in the United Kingdom - see EUROPE 12663/24 - and the rulings against Deliveroo in the Netherlands and Spain.
The European Parliament ready for battle
Sylvie Brunet (Renew Europe, France), the European Parliament rapporteur on working conditions on digital platforms, welcomed the launch of the consultation. She believes the consultation is needed in order to guarantee social protection for all workers. In her interim report, published on 9 February, the MEP supports the idea of drafting a new directive. In November 2020, The Left group presented the text of a directive, thanks to the efforts of French MEP Leïla Chaibi (see EUROPE 12602/19).
In the Council of the EU, during a debate in December 2020, the Member States took up a position opposing the creation of a new status for workers (see EUROPE 12615/3).
The consultation document can be accessed at: https://bit.ly/3urGCiQ
Brunet’s provisional report can be found at: https://bit.ly/3umvR1c (Pascal Hansens)