The EU Council of Ministers has agreed a common position on the proposed Employment Status of Platform Workers Directive. It would seem that those Member States wanting a “light” presumption of employment provision for platform workers – making it easier for platforms to maintain that they are self-employed – have prevailed over those who wanted to make employment the default position unless platforms could conclusively prove otherwise: HERE. The European Trade Union Confederation (ETUC) is less than happy with the Council’s position HERE.
The agreement in the Council opens the door to negotiations with the Parliament and the Commission to see if they can find agreement on a common text. Given the position of the Parliament, that all gig economy workers should be classified as employees with the burden of proof falling on platforms to prove otherwise, these negotiations will be difficult.
Euobserver quotes Leïla Chaibi (The Left), one of the MEPs leading the parliament's report, as saying:
"The latest leaks of the council's compromises are a disaster for workers. I am especially outraged to know that it was France, my member state, that pushed them to be so bad… They want a lot of exceptions and exemptions to protect the French model, which is based on a on a bogus collective bargaining model. All that French government is doing is to defend platforms like Uber and Deliveroo".
For an immediate take on the Council’s decision from a “pro worker” perspective, see HERE.
Meanwhile, the Court of Justice of the European Union (CJEU) has rejected the ride-hailing restrictions imposed by the city of Barcelona, which aimed to reduce the number of private cars transporting passengers through mobile platforms such as Uber. The court said that the restrictions were contrary to EU law and could only be imposed to benefit general interests such as the protection of the environment and avoidance of excessive traffic, and not discriminate against specific providers. The ruling could set a precedent for other areas where similar restrictions have been applied.
