Platform deal should end ‘wild west’ in workers’ rights

Millions of workers who have been wrongly classified as self-employed and deprived of their basic rights stand to benefit from the platform work directive agreed today.

The ETUC calls on Member States to adopt this agreement and ensure its thorough implementation and enforcement.

Trade unions have been on the streets and in the courts to win recognition and better conditions for platform workers. This directive will give important legal backing to platform workers to be properly recognised and protected as workers.

Enforcement at national level will be crucial. It will require an increase in the number of labour inspectors. Worryingly, the number of labour inspectors has been cut in half of member states over the last 15 years.

While the text of the European Parliament, Council and Commission agreement is still being finalised, it is reported to include the following improvements:

  • A reversal of the burden of proof, which means platforms now have to prove that there is no employment relationship.
  • Inspections in the workplace that will be obligatory in case of one reclassification - meaning if one worker goes through the procedure, the authorities will have to assess their colleagues’ situations.
  • Transparency over the algorithms have even been used by platform companies to set and regulate work, which have been used to punish workers who have taken part in legal trade union activity.
  • A central role for trade unions and collective bargaining in the evolving platform economy.

Commenting on the deal, ETUC Confederal Secretary Ludovic Voet said:

“We still need to scrutinise the final text of this agreement closely, but what is clear is that there is a genuine attempt to address the grave problems that working people face.

“Platform companies have forced delivery riders, taxi drivers and other workers, including carers and cleaners, into false self-employment in order to avoid paying holiday pay, sick pay or social security.

“This should be the beginning of the end for the wild west in workers’ rights but there is now responsibility on member states to properly enforce the measures agreed today if they are going to make a difference to the lives of 5.5 million platform workers. 

“The reversal of the burden of proof over what constitutes an employment relationship is an important step forward. Workers cannot be expected to continue taking on an army of corporate lawyers simply in order to receive a basic right like sick pay. 

“Transparency over algorithmic management will also help prevent platforms using disgraceful union-busting tactics like punishing people who join unions by depriving them of work. 

“After long and difficult negotiations, we now expect the Council to confirm the mandate so that workers can start feeling the benefit as soon as possible.”

Photo: European Parliament