The European Commission wants to set a series of objective criteria to try to elucidate whether Riders, Distributors linked to some of the digital platforms or apps most used on the continent, are autonomous or, as many of them consider, workers alien without status Legal and the conditions that could demand depending on what they do each day. Brussels estimates that there are more than five million false autonomous without the rights they deserve and try to resolve the dispute at a continental level, after more than 100 judgments of the courts. But it is not a simple debate, it will not be resolved with the initiatives announced today and, at best, it will still take months, if not years, that ideas materialize.
In recent years, the courts of the 27 have pronounced tens and tens of times, and there are hundreds of sentences pending, establishing that some dealers or drivers, were actually employed and that the companies that hired their services were not mere mediating digital. The verdicts have gone in all directions, from cuts that thought that Uber drivers were or should be direct employees in London to the defeat of the Riders of Devilro in Belgium, which this week have received a no to the same demands. That is why the Commission, whose competences in the matter are not direct in all aspects, wants to put a trick. But it does it assuming that in many things the national governments that have the last word will be.
Brussels today proposes a communication, guidelines and a proposal for a directive. In the EU, the European Commission has the legislative initiative, but any idea must go through the European Parliament and the Council (Governments, represented by ministers), who negotiate, polish or even completely rewrite the original idea. Hence, now a long process is opened, whose result is an unknown, and more on topics that affect labor legislation, and economic and digital cosmissions, so different.
Simplified and summarized form, the Commission suggests that if riders or drivers or workers in the field of digital platforms meet at least two conditions on an established series , are considered employees of the company and not autonomous. And therefore not only be recognized with the status but with all the rights that go with them , from a minimum wage ( if applicable) the protection of collective agreements , limited hours , health coverage, low medical , protection against accidents labor and pension contribution .
For example, if the application determines the remuneration level or set maximum limits; If the platform monitors the performance of work through electronic means; If you are restricted in any way, especially the algorithms, the freedom to choose the work schedule or periods of absence, accept or reject tasks or use subcontractors or substitutes. Likewise, the EU points to the fact of whether the company establishes the obligation to use a uniform or restricts the possibility of creating a customer base or working for third parties. If one distributed is recognized in at least two categories should be considered by default an employee, to exit this legislative initiative forward. And it will be the company that must demonstrate that there is no employment relationship.
The starting point is that there are many that they are, clearly, false autonomous, but not all. And the goal is to differentiate them as accurate as possible. Technicians estimate that 90% of the 28 million workers associated with these platforms are autonomous, but at least 5.5 million are not well classified and with the new frame between 1.7 and 4.1 million would be considered workers by employed . The vast majority, however, more than 22 million would actually be what their contracts say, whether autonomous or employees.
The Commission suggests that if those criteria are met, they are considered employees, and that corresponds to the platforms and companies to play the decision, but the burden of the test will correspond to those who must demonstrate that there is no employment relationship, not the other way around, as it is up to now I tried in court. "The criteria will provide legal security, they will reduce the costs of litigation and facilitate business planning," says the initiative. "With increasingly jobs created by digital labor platforms, we must guarantee decent working conditions for all those who obtain their income from that employment. Our proposal for a directive will help false autonomous people who work for platforms correctly determine their status of employment and enjoy all the social rights that entails. Authentic autonomous on the platforms will be protected by greater legal certainty about their state and there will be new safeguards against the pitfalls of algorithmic management. This is an important step towards a digital economy. Social ", estimates Vice President Margrethe Vestager, responsible for competition.
Until now, few Member States (Spain has made it recently) have addressed the issue directly, even though Brussels has more than 100 courtroom judgments and 15 administrative decisions in specific cases. And even when governments have acted has almost always been in a very specific way, for very punctual sectors. There are more than 500 digital platforms that provide services, from distribution of food to transportation through releases, throughout the EU. Some are large multinationals and other local START-UP, but the EU estimates that income exceed 20,000 million per year. There are 28 million citizens who work in some way through these digital platforms, but in 2025 they could already be 43 million, the Commission estimates. Of them, however, 55% earn less than the minimum wage and devote on average almost 9 hours a week to unpaid tasks linked to their employment, compared to 12.6 hours they do charge.
Another of the main objectives of the legislative proposal today is to increase the transparency of the algorithms. The Commission wants all people who carry out jobs through these platform have the right to be informed about the details of monitoring and decision-making systems affect their working conditions. Until now, the dealers complain about the secretisms and the lack of clarity. The Directive, to get ahead, would require workers, autonomous or not, receive clear information about how they are being supervised and evaluated, including by customers. They would also receive information about the elements that lead or support key decisions, such as assigning tasks, fees proposals and bonuses.
The Directive would force workers' representatives and employment authorities also have access to such information. Likewise, digital labor platforms could not collect or process any personal data that is not directly related to the work done. They will not be allowed to collect data while the person has not logged in to the application. In addition, between the rights recognized to each distributed or driver, it would be being able to challenge automated decisions that affect their working conditions, being mandatory that workers have access to human contact to discuss the decisions that impact them significantly. If you are asked to review your decision, the platform must respond within a week. In the event that the decision violates the rights of the person, the Digital Labor Platform must correct the decision or provide compensation, says today's proposal.
Date Of Update: 09 December 2021, 06:09
