2022-10-18 22:00:00
The summary
Responding to strong expectations, the proposal for a directive on the working conditions of platform workers, published by the European Commission on December 9, 2021, has provoked strong reactions, in one direction or the other.
This text has, in fact, the ambition to specify the professional status of these workers, with regard to the fundamental distinction which the law operates between independent work and salaried work, yet the subject is made very sensitive by the impressive development of these platforms and the proliferation of litigation in recent years. The proposed directive thus provides for a mechanism of rebuttable presumption of employment. It also includes essential provisions aimed at regulating the management of the algorithms used by the platforms.
While the European Commission estimates that there will be 43 million platform workers in 2025, the regulation of their work affects all member states of the European Union. In this perspective, the European Affairs Committee of the Senate has deemed it useful to draw up, in this report, an inventory of European legislation and case law and to analyze the balance of power at work in the negotiations in progress. on this proposal for a directive.
Without ignoring its imperfections, the rapporteurs approve of the need for the legal framework that the Commission is proposing to establish through this directive, in order to regulate the development of platforms and regulate the working conditions of their workers. They nevertheless put forward certain proposals to improve the text and better adjust the status of the worker to his actual situation. Guided by the search for a fair balance – between the necessary regulation of platform abuses and the development of an innovative model responding to a certain demand -, the rapporteurs propose in particular to specify the scope of application and the criteria used to trigger the mechanism of legal presumption, but also to reinforce the transparency of the algorithms used by the platforms.
View the report
1682906153
#protective #adapted #European #framework #Senate
