The Czech presidency circulated a brand new compromise textual content on the platform employees’ directive, hoping it will turn into the EU Council’s negotiating place. Nonetheless, uncertainty stays about whether or not the textual content will obtain the assist of the bulk.
The textual content, dated Friday (18 November) and seen by EURACTIV, exhibits minor modifications from a earlier draft compromise launched in late October.
A brand new article was added to make it doable for collective agreements to stray from the provisions of the directive on points about information safety, algorithmic administration and transparency of platform work.
The brand new doc provides little satisfaction to these nations opposing the Presidency’s allegedly pro-business strategy, as they penned in a letter reported by EURACTIV in October.
The eight signatory nations, that are just a little shy of a blocking minority, are set to vote in opposition to the textual content, following a “higher no deal than a foul deal” strategy. Nonetheless, the allegiance of Italy is likely to be doubtful following the rise to energy of a conservative authorities in Rome.
One other vital query stays on whether or not Germany will abstain, having taken no clear facet prior to now weeks as a consequence of inside disputes between the coalition events. An abstention would seemingly see the directive be voted down.
For the presidency’s textual content to be adopted by the ministers on the Employment, Social Coverage, Well being and Client Affairs Council assembly on 8 December, it should first want clearance by EU ambassadors this week.
Taking inventory of negotiations so far
The draft doc outlines the work carried out by the Czech Presidency because it was handed on from the French Presidency in July.
Notably, the Czechs clarified the excellence between employed “platform employees” and self-employed “individuals performing platform work”.
The doc additionally goals to handle some delegations’ considerations that “some digital labour platforms attempt to keep away from the appliance of nationwide laws and jurisdiction by recruiting individuals performing platform work by means of subcontractors” – and added a brand new provision on intermediaries.
On the authorized presumption, one of the vital controversial points of the textual content, the presidency confirms that the variety of standards was prolonged from 5 to seven. Three of these should now be fulfilled for the presumption to be triggered.
The rebuttal of the presumption, which falls on platforms to motion, should be “utilized in accordance with nationwide regulation and apply”. The rebuttal can’t be used to droop the impact of the presumption to forestall platforms from creating voluntary delays to a rebuttal continuing.
As for information safety and algorithmic administration, the doc confirms the inclusion of a brand new article to “ban the processing of sure sorts of private information” within the context of algorithmic decision-making.
Reinforcing the function of social companions
The brand new compromise provides a brand new article to stipulate that the member states can enable social companions to barter and implement collective agreements according to nationwide regulation or practices.
This can be a seemingly last-minute addition to accommodate Nordic nations, the place employment regulation relies virtually solely on collective settlement and social companion negotiations.
Inner paperwork from the French Everlasting Illustration to the EU, revealed by EURACTIV in September, additionally confirmed that France informally pushed in favour of a European mannequin just like its home one, rooted in collective negotiations and the absence of a authorized presumption of employment.
[Edited by Luca Bertuzzi/Nathalie Weatherald]