Completely unexpectedly, on Monday [11/03/2024], the Online Platform Work Directive was adopted by the EU Council. This is a complete turn of events – probably all interested parties thought that the deadlock would not be broken and it would never be adopted.
Unfortunately, it looks like the Directive will be just an empty gesture.
On the one hand, it creates a legal presumption of employment, i.e. it gives us a legal instrument thanks to which people working for Platforms will be able to be recognized as employees and obtain rights such as sick leave and holiday pay. But on the other hand, the relationship of subordination between the Platform and its employees must be proven. However, the Directive no longer defines this. Each Member State will independently determine the criteria determining whether such a relationship of subordination exists. Some countries will adopt solutions that protect employees, others will give a free hand to the Platforms. It seems that the first group will include countries with strong trade unions – Poland is definitely not one of them.
The directive also includes a set of new employee rights in relation to employee management by algorithm: the right to know what data is collected about employees and introduces the obligation for a human to supervise key decisions.
So basically – the Directive looks like a step forward, but it is probably a step sideways, maintaining the status quo.
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