The European Commission adopted on Thursday 29 September guidelines on the application of EU competition law to collective agreements concerning the working conditions of solo self-employed people.
The guidelines apply to solo self-employed people who work entirely on their own and do not employ other people. They specify the circumstances in which these self-employed people can join together to negotiate collectively for better working conditions without breaching EU competition rules (see EUROPE 12672/23).
In particular, the guidelines state that:
- competition law does not apply to solo self-employed people that are in a situation comparable to employees. This includes solo self-employed people who offer their services exclusively or predominantly to one undertaking, work alongside employees and offer their services to or through a digital labour platform;
- the Commission will not apply EU competition rules against collective agreements made by solo self-employed people who are in a weak negotiating position. This is particularly the case where solo self-employed people face an imbalance of bargaining power against economically stronger companies or where they bargain collectively under national or EU legislation.
The Commission will monitor how these guidelines are taken into account at national level through the European Competition Network and through special meetings with the European social partners. The Commission will review its guidelines by 2030.
Link to these guidelines: https://aeur.eu/f/3bd (Original version in French by Lionel Changeur)