A few days ago, on January 26, the EU Council adopted the Directive on work via online platforms for further work. This is a new version of the Directive, this time prepared by the Belgian Presidency.
Let us recall: the purpose of introducing the Directive was to regulate the work of Platforms. The idea was to force Platforms to respect workers’ rights by introducing a “presumption of employment” mechanism.
In the new version, in order for “employment to be presumed”, at least three of the seven conditions in the contract with the Platform must be met. According to many commentators, these conditions are currently constructed in such a way that it will be extremely difficult to prove their validity. So basically the situation will not change at all, and the Platforms can sleep peacefully.
Here are these conditions:
1) The platform sets upper limits on remuneration levels;
2) The platform requires that a person performing work via it follows certain rules regarding appearance, behavior towards the recipient of the service or performance of the work;
3) The platform supervises the performance of work, including electronically;
4) The Platform restricts the freedom to organize work, including through sanctions, by limiting the freedom to choose working hours or periods of absence;
5) The Platform restricts the freedom to organize work, including through sanctions, by limiting the discretion to accept or reject tasks;
6) The Platform limits the freedom, including through sanctions, to organize work by limiting the freedom to use subcontractors or substitutes;
7) The platform limits the ability to build a customer base or perform work for third parties.
Well, as they say: That’s all folks!
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