EU gig workers compromise dubbed ‘a disaster for workers’

At stake is whether or not the tripartite negotiations with the European Parliament and the EU Fee can start with a view to adopting the directive to enhance the labour situations of gig staff, and to attain larger transparency and regulation of the algorithmic administration of operators corresponding to Uber.

“Though a definitive settlement on the textual content has not been discovered within the committee of everlasting representatives”, reads the memo from the assembly, seen by EUobserver, “the presidency’s efforts have attracted growing help and there exists a widespread view that the textual content represents the centre of gravity between the diverging views of delegations”.

The disagreement between delegations is evident, however varied diplomatic sources advised EUobserver that though the stability could be very “tight”, an settlement might be reached within the employment, social coverage, well being, and shopper affairs council (EPSCO).

The explanation for the divergence was the chapter on the employment standing of those staff, the “politically most delicate a part of the proposal”, in accordance with the Swedish textual content.

Whereas international locations corresponding to Spain and the Netherlands argued from the outset for stricter guidelines on the reclassification of those gig staff, others corresponding to France and the Nordic international locations pushed for extra versatile guidelines.

The so-called ‘authorized presumption’ or ‘presumption of employment’ implies that if various standards are met, platform staff are thought of to be workers, until the platform proves in any other case.

The fee estimates that there are between 1.7 and 4.1 million staff who could be reclassified underneath this new directive, giving them entry to primary rights corresponding to parental depart, sick pay or vacation pay.

“The most recent leaks of the council’s compromises are a catastrophe for staff,” stated Leïla Chaibi (The Left), one of many MEPs main the parliament’s report. “I’m particularly outraged to know that it was France, my member state, that pushed them to be so unhealthy”.

“They need a variety of exceptions and exemptions to guard the French mannequin, which relies on a bogus collective bargaining,” Chaibi stated. “All that French authorities is doing is to defend platforms like Uber and Deliveroo”.

The leftwing MEP doesn’t see the council’s place as being in keeping with the fee’s proposal or the textual content agreed in parliament.

The adjustments made to the EU council textual content through the Swedish presidency have been minor, and even those that have been extra bold at the start of those negotiations are actually displaying some conformity with the most recent compromise proposal.

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Might the textual content be extra bold? Sure, however one other inner council doc, dated 2 June, stated that “any additional adjustments might solely be very restricted”.

Three days earlier than the ministerial assembly, not all international locations have determined their place, corresponding to Germany, which has but to disclose which aspect it is going to take (if any, because it has beforehand abstained from talking out.)

If a professional majority shouldn’t be reached on Monday, the helm of the negotiations will cross to Spain, which can maintain the rotating presidency of the EU council from July onwards.

A lame duck directive?

Using intermediaries was one other space the place delegations wished to attract the fee’s consideration.

Nevertheless, the EU govt’s authentic proposal didn’t contemplate them, and in the long run this level was added as one thing to be taken into consideration when analysing the impression of the directive. In different phrases, in about seven years’ time, taking into consideration the 2 years of implementation and the remaining 5 years till this analysis is carried out.

Employees who provide their providers by way of intermediaries are uncovered to the identical dangers of misclassification as those that provide their providers on to the platform.

To ensure that the previous to take pleasure in the identical safety underneath this directive because the latter, the delegations state that “member states ought to subsequently lay down enough measures, together with by establishing techniques of joint duty, if acceptable”.