We return to the topic of Poland’s implementation of the Platform Work Directive. As a reminder: the Directive passed by the European Parliament obliges EU countries to regulate and introduce employee rights for all persons working for Platforms in which the primary supervisor of the employee is an Algorithm (we have already written about this earlier, see here). The adoption of the Directive triggers the procedure: each member state has two years to introduce it into its legal system.
But since the Directive does not specify detailed legal solutions, it is only guidance, its implementation may bring completely different solutions in different countries. Everything will depend on the process of establishing this law. It depends on who gets involved and how strong a position they will have in the government or parliament.
Last month, the first meeting between representatives of the Ministry and people from trade unions representing people working as Platform Suppliers was held at the Ministry of Labor. The meeting concerned, among others, implementation of this Directive. Trade Unions, as well as many other people working for Platforms (also as Suppliers), have high hopes for the implementation of the Directive. That is why they want to participate in meetings with the Ministry. In our opinion, it is also worth being aware of the possible threats in this process, because we are dealing here with a possible violation of the interests of companies operating with large sums and politics in its purest form.
Here are some of the risks:
1. Talks with unions are a smokescreen.
It cannot be completely ruled out that the Government already has a ready position on this matter or that it is being worked on in other Ministries. And that these conversations are a smokescreen. After all, the Ministry of Labor is in no way obliged to listen to the positions of the unions. Especially since unions bringing together people working as Suppliers have very limited pressure on the Government.
2. Drop, Trade and Politics
However, let us assume that in the process of negotiations with the Government, everything will go according to the wishes of the Trade Union. And that the Ministry will take into account all demands. Then the bill will go to the Sejm, and there it will go to the parliamentary committees. And the classic political game will begin. One MP will force something to be changed or add a comma somewhere that changes the meaning of the solution. Or one party will force changes to this act in exchange for a change to a completely different act. Or, just before the final vote, two MPs will leave the Sejm chamber and pass a completely different project, not the “government-union” one.
3. Prolonging procedures to the point of blackmail
This is a classic negotiation strategy. Prolong the negotiations until a time wall appears: it must be adopted by tomorrow, because if not, there will be penalties. This is exactly what the negotiations looked like when implementing the Copyright Directive. The government told the social side directly: “Poland is currently subject to a sanction of approximately PLN 14,000. euro for each day of delay. However, we face much more serious penalties, ranging from EUR 80,000 to EUR 100,000 a day.” Therefore, either we adopt the version that the government wants, or you will be responsible for senseless expenditure from the country’s budget.
4. A government with weak support in the Sejm.
This is variant of scenario no. 2. We do not know what the political situation in Poland will look like in two years. Perhaps there will be the same Government, but as a minority one. So what about all those hours spent in the corridors of the Ministry of Labor?
5. Change of government
This is also an option that cannot be ruled out. Theoretically, the Directive should be implemented within two years. But again, if we look at the Copyright Directive. It was implemented for FIVE years. So what? And nothing. Even the change of government neither accelerated it nor facilitated negotiations between the very strong media lobby and the government.
To sum up: what will it be like? We don’t know! Is it worth keeping an eye on this matter anyway? Of course! But let’s be careful and stand firm in our positions, let’s strive for the maximum and even more. And let’s just not trust the authorities, let’s do our own thing.
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