Proposal for a Directive on improving working conditions in platform work

Author (Corporate)
Series Details COM (2021) 762
Publication Date 09/12/2021
Content Type , ,

Summary:

Legislative initiative tabled by the European Commission on 9 December 2021, aimed at improving the working conditions in platform work and supporting the sustainable growth of digital labour platforms in the European Union (EU). This is a text with EEA relevance.

Further information:

Digital labour platforms have created new opportunities, and improved access to services. However, it has also become increasingly difficult to correctly classify the employment status of people, leading in some cases to inadequate labour rights and social protection. In addition, the use of algorithms in platform work can raise questions of accountability and transparency.

The European Pillar of Social Rights (EPSR) highlights the workers' right to fair and equal treatment regarding working conditions and access to social protection, regardless of the type and duration of the employment relationship. In her Political Guidelines, the President of the European Commission stated that digital transformation brought fast change that affects labour markets, and vowed to look at ways to improve the labour conditions of platform workers.

This draft Directive aims to deliver on this commitment and support the implementation of the EPSR Action Plan. The objectives include ensuring that people working through platforms hold the correct employment status and gain access to the applicable labour and social protection rights; ensuring fairness, transparency and accountability in algorithmic management in the platform work context; enhancing transparency, traceability and awareness of developments in platform work and improve enforcement of the applicable rules.

The initiative was adopted by the European Commission on 9 December 2021, alongside an explanatory Communication.

Source Link https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:762:FIN
Related Links
Commentary and Analysis
Reshaping Work: Blog: Regulating platform work: reflections on the proposed EU Directive https://reshapingwork.net/regulating-platform-work/
EurActiv, 19/11/2021: Between flexibility and precariousness, all eyes are on Brussels’ move on platform workers https://www.euractiv.com/section/economy-jobs/news/between-flexibility-and-precariousness-all-eyes-are-on-brussels-move-on-platform-workers/
Social Europe, 08/12/2021: Regulating digital work: from laisser-faire to fairness https://socialeurope.eu/regulating-digital-work-from-laisser-faire-to-fairness
European Transport Workers' Federation (ETF), 08/12/2021: EU takes long-overdue first step towards fair platform work https://www.etf-europe.org/eu-takes-long-overdue-first-step-towards-fair-platform-work/
Politico, 09/12/2021: 5 things to know about the EU’s gig worker plans https://www.politico.eu/article/5-things-about-eu-gig-economy-plan/
Fairwork: Blog, 09/12/2021: Fairwork Response to the European Commission’s Proposal for a Directive on Platform Work https://fair.work/en/fw/blog/fairwork-response-to-the-european-commissions-proposal-for-a-directive-on-platform-work/
Social Europe, 09/12/2021: European Commission takes the lead in regulating platform work https://socialeurope.eu/european-commission-takes-the-lead-in-regulating-platform-work
University of Oxford: Faculty of Law: Oxford Human Rights Hub, 09/12/2021: Improving Working Conditions in the Gig Economy: The EU’s Proposed Platform Work Directive https://ohrh.law.ox.ac.uk/improving-working-conditions-in-the-gig-economy-the-eus-proposed-platform-work-directive/
Lancaster University: Work Foundation Blog, 09/12/2021: What new EU Commission proposals may mean for platforms and gig workers in the UK https://www.lancaster.ac.uk/work-foundation/news/blog/what-new-eu-commission-proposals-may-mean-for-platforms-and-gig-workers-in-the-uk
European Trade Union Confederation (ETUC): Press Release, 09/12/2021: EU ends free ride for platforms https://www.etuc.org/en/pressrelease/eu-ends-free-ride-platforms
Maastricht University: Blog, 11/12/2021: Is the EU en route to fairer working conditions in the gig economy? https://www.maastrichtuniversity.nl/blog/2021/12/eu-en-route-fairer-working-conditions-gig-economy
Noerr: News, 14/12/2021: Bogus self-employment: European Commission tackles platform work (gig economy) https://www.noerr.com/en/newsroom/news/bogus-self-employment-european-commission-tackles-platform-work-gig-economy
Egmont Institute: Commentary, 14/12/2021: Addressing regulatory gaps in the booming platform economy : A look at the social and economic implications of the EU proposal on platform workers https://www.egmontinstitute.be/addressing-regulatory-gaps-in-the-booming-platform-economy-a-look-at-the-social-and-economic-implications-of-the-eu-proposal-on-platform-workers/
Verfassungsblog, 14/12/2021: The EU’s Proposed Platform Work Directive. A Promising Step https://verfassungsblog.de/work-directive/
EPRS: Briefing, February 2022: Improving the working conditions of platform workers https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2022)698923
White&Case: Alert, 15/02/2022: Platform workers: The European Commission proposes a presumption of employment https://www.whitecase.com/publications/alert/platform-workers-european-commission-proposes-presumption-employment
Bird&Bird: Insights, 03/03/2022: Proposal of EU-Directive on improving working conditions in platform work sets out new requirements to digital platforms https://www.twobirds.com/en/insights/2022/denmark/forslag-til-eu-direktiv-om-forbedring-af-arbejdsvilkaar
BBC Worklife, 09/03/2022: Why gig work is so hard to regulate https://www.bbc.com/worklife/article/20220308-why-gig-work-is-so-hard-to-regulate
Friedrich Ebert Foundation: IPS Journal, 21/03/2022: In the EU, platform workers scored a victory https://www.ips-journal.eu/work-and-digitalisation/platform-workers-in-the-eu-scored-a-victory-5811/
University of Oxford: Law Faculty Blog, 17/05/2022: Finetuning the EU’s Platform Work Directive https://www.law.ox.ac.uk/business-law-blog/blog/2022/05/finetuning-eus-platform-work-directive
Politico: Opinion, 06/06/2022: Digital workers prioritize flexibility — not employment https://www.politico.eu/article/digital-platforms-workers-economy-challenges/

News
EurActiv, 09/12/2021: EU launches bid to regulate gig economy https://www.euractiv.com/section/digital/news/eu-launches-bid-to-regulate-gig-economy/
The Guardian, 09/12/2021: Gig economy workers to get employee rights under EU proposals https://www.theguardian.com/business/2021/dec/09/gig-economy-workers-to-get-employee-rights-under-eu-proposals
Public Broadcastic Corporation (PBS), 09/12/2021: EU plans to improve conditions for gig economy workers by classifying them as employees https://www.pbs.org/newshour/world/eu-plans-to-improve-conditions-for-gig-economy-workers-by-classifying-them-as-employees
Euronews, 09/12/2021: New EU rules could turn 4.1 million gig workers into regular employees https://www.euronews.com/my-europe/2021/12/09/new-eu-rules-could-turn-4-1-million-gig-workers-into-regular-employees
The New York Times, 09/12/2021: Europe Pushes New Rules Turning Gig Workers Into Employees https://www.nytimes.com/2021/12/09/technology/european-commission-gig-workers-uber.html
EurActiv, 10/05/2022: Leading MEP pushes for tight employment protection in platform workers directive https://www.euractiv.com/section/digital/news/leading-mep-pushes-for-tight-employment-protection-in-platform-workers-directive/
EurActiv, 11/05/2022: Conservatives prepare to battle on platform workers directive, rally up with industry https://www.euractiv.com/section/digital/news/conservatives-prepare-to-battle-on-platform-workers-directive-rally-up-with-industry/
EurActiv, 23/05/2022: Platform workers: French presidency clings to criteria approach https://www.euractiv.com/section/digital/news/platform-workers-french-presidency-clings-to-criteria-approach/

Official
EUR-LEX: SWD(2021)395: Staff Working Document accompanying the Proposal - Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:395:FIN
EUR-LEX: SWD(2021)396: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:396:FIN
EUR-LEX: SWD(2021)397: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:397:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Improving working conditions of persons working through digital labour platforms (2021/0414(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0414(COD)
European Parliament: Legislative Train Schedule: Initiative to improve the working conditions of people working in the platform economy https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-improving-working-conditions-of-platform-workers
General Secretariat of the Council: Policies: EU rules on platform work https://www.consilium.europa.eu/en/policies/platform-work-eu/
European Commission: Press Release, 09/12/2021: Commission proposals to improve the working conditions of people working through digital labour platforms https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6605
European Commission: Questions and answers: Improving working conditions in platform work (9 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6606
European Commission: Remarks by Executive Vice-President Dombrovskis at the press conference on Improving the working conditions in platform work and on the Action plan for the social economy (9 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_6730
European Commission: Opening remarks by Commissioner Schmit at the press conference on Platform Work and the Social Economy Action Plan (9 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_6749
Finnish Government: Press Release, 09/12/2021: Commission issues proposal to improve working conditions in platform work https://valtioneuvosto.fi/en/-//1410877/commission-issues-proposal-to-improve-working-conditions-in-platform-work
EPP EP Group: Newsroom, 09/12/2021: Platform workers are not avatars on a screen, but real people with rights https://www.eppgroup.eu/newsroom/news/platform-workers-are-not-avatars-on-screens-but-real-people
GUE/NGL EP Group: News, 09/12/2021: Proposed gig economy directive a step forward for workers’ rights https://left.eu/proposed-gig-economy-directive-a-step-forward-for-workers-rights/

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