The European Union countries have recently reached an agreement on regulations that determine when gig economy workers on online platforms such as Uber and Deliveroo should be treated as employees. This decision comes after weeks of negotiations over the draft text proposed by the European Commission in 2021. The regulations are aimed at addressing the working conditions of an estimated 28 million workers in the EU, a number that is expected to rise to 43 million next year.
The draft rules initially proposed by the European Commission included a set of criteria to determine if an online company is an employer. However, after facing opposition from countries like France, Germany, Estonia, and Greece, the text was revised. The revised text now eliminates the specific criteria proposed by the commission and instead relies on national law, collective agreements, and case law to determine the employment status of workers. This shift effectively maintains the status quo, with the burden of proof now falling on companies to show that gig workers are not employees.
Under the Platform Work Directive, workers on gig economy apps will be classified as employees if platforms control factors such as their pay, working hours, or electronically supervise their performance. The directive also prohibits the use of automated monitoring or decision-making systems to process certain types of personal data of platform workers, such as biometric data or emotional states.
The European Parliament is set to vote on the agreement next month, which will further solidify the regulations surrounding gig economy workers in the EU. Uber, one of the companies affected by these proposed rules, expressed its stance on the decision. An Uber spokesperson stated that the approval by EU countries would essentially maintain the status quo, with the determination of platform worker status continuing to be decided on a country-by-country and court-by-court basis.
In conclusion, the agreement reached by EU countries on the regulations for gig economy workers marks a significant step towards improving the rights and conditions of millions of workers in the EU. By shifting the focus to national law and case law to determine employment status, the revised text aims to provide clarity and protection for gig workers while maintaining their independence. The upcoming vote by the European Parliament will further solidify these regulations and set the stage for a more equitable working environment for gig economy workers in the EU.
