Riders become employees
On 9 December the European Commission approved a proposal for a directive aimed at improving working conditions through the platform.
More specifically, there are three objectives set out in the directive:
- first of all, to ensure that digital platform workers are properly qualified in the law
- secondly, ensure that the management of the work through the algorithm of the platform takes place in a transparent manner, including with reference to the personal data processed
- finally, the Commission aims to improve transparency, traceability and awareness of developments in working on platforms.
If the directive is adopted by the Council and Parliament, the Member States will be obliged to implement it within their own legal systems: according to the Commission, by virtue of the directive between 1,7 and 4 million workers across Europe will be retrained as employees, with access to the corresponding protections.
With regard to the qualification of the relationship, in particular, the Directive identifies five indicative conditions of subordination:
- determination of the level of remuneration or the setting of maximum limits
- supervision at work by electronic means
- restriction by the undertaking of freedom to choose working time, periods of absence, the possibility of accepting or refusing employment or using subcontractors or substitutes
- existence of binding rules on appearance or behaviour towards customers
- limits to the possibility of creating a customer base or performing work for third parties.
If at least two of these conditions are met, there will be a simple presumption of subordination, which the hypothetical employer may have to overcome, providing proof of the independence of the relationship.
