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Not just to laugh, how the EU will move to reorganize the gig economy

Not just to laugh, how the EU will move to reorganize the gig economy

The EU Commission launches a consultation to regulate gig economy workers: towards a Community directive? All the details

The European Commission takes the first step to address gig economy workers: another open front in the effort to regulate the digital ecosystem inaugurated by the Commission led by Ursula von der Leyen.

In fact, Brussels has launched a consultation of the social partners on possible actions to be taken by the European Union as regards the working conditions of workers on online platforms. Riders and drivers, but not only.

EU: GIG ECONOMY OPPORTUNITY, BUT PRECARY CONDITIONS FOR WORKERS

"Platform work, which is rapidly developing and in a growing range of business sectors, can offer more flexibility and more job opportunities and additional income even for those who may have greater difficulty entering traditional labor markets," he explains. the Commission, according to which around 11% of the European workforce has already provided services through apps. However, gig economy forms of work are also associated with “precarious conditions, which manifest themselves in the absence of transparency and predictability of contractual agreements, in health and safety problems and in insufficient social protection”. To these are added "the cross-border dimension of digital platforms" (a classic EU link to undertake legislative initiatives) and "the question of management using algorithms". If Brussels recognizes the merits of the delivery apps that have become a fundamental link for procurement during lockdowns, on the other hand it highlights the particularly vulnerable situation of the riders.

A CONSULTATION FOR ACTIONS AT EU LEVEL

The objective of the first phase of the consultation, which will remain open at least until the beginning of April, is to collect the views of the European social partners on the need and direction for action at EU level. A second moment of the exchange of views will deal with the content of possible EU initiatives to improve working conditions in the gig economy. The consultation will remain open for at least six weeks.

THE DIFFERENT EU JUDGMENTS

The initiative comes shortly after a series of judgments by national courts of the European Union which ruled on the legal framework of work via app: if in the Netherlands the riders of Deliveroo – one of the big names in the home delivery platform sector – are were recognized as employees, in Italy, almost at the same time, a court went in a completely different direction, speaking of self-employment ( subsequently the Milan Public Prosecutor intervened talking about coordinated and continuous work ). Outside the EU, even the United Kingdom, with the Supreme Court, has moved in the direction of recognizing more rights for Uber drivers: the platform controls every aspect of their work, from setting the fare to their communications with passengers, up to the numbers of the races they can renounce before being penalized; for this reason it is necessary to counterbalance their power by setting a minimum wage and paid holidays.

THE MOVES OF THE EU PARLIAMENT

However, the European Parliament, on the rights of platform workers, has already played in advance and started a political work of reflection while waiting for the Commission to decide to take the first step. Macronian Sylvie Brunet is the rapporteur for the legislative initiative report on the rights of platform workers , and ensures a commitment on all fronts to ensure safe working conditions, adequate social protection and more transparent algorithms. And also a definition of "platform workers" that is as inclusive as possible. “Today our first thoughts go to Uber, but the truth is we don't know what the future will be like. The definition must be broad ".

NOT ONLY RIDER

They are therefore not drivers and home delivery riders – as Spain is doing in parallel, with an attempt to legislate ad hoc -, although they are the most recognizable representatives of the gig economy category. There is a whole kaleidoscope of workers – from dog sitters to lawyers, to those involved in telemedicine – the allocation of whose services on the market depends on the functioning of the app algorithms. Although the common denominator is the atypical nature of their work, a necessary distinction must however be drawn between highly skilled and low skilled workers, explains the French MEP from the Renew Europe group in an interview with Politico.eu .

TOWARDS A DIRECTIVE WITH COMMON STANDARDS?

The EU competence in the field of social policies is limited, but on the subject of working conditions, the intervention of the European Union can go as far as the adoption of a directive that identifies common standards to be implemented in the internal legislation of each Member State.

“With the digital transition already underway, we cannot lose sight of the basic principles of our European social model. We should make the most of the employment potential of digital platforms but also guarantee dignity, respect and protection to the people who use them to work ”, European Labor Commissioner Nicolas Schmit points the way.


This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/non-solo-rider-come-si-muovera-lue-per-riorganizzare-la-gig-economy/ on Mon, 08 Mar 2021 09:16:31 +0000.