We return to the subject of the European Union Directive on Platform Work (more about it here).
In mid-August [2024], we contacted the Legal Department of the Ministry of Family, Labour and Social Policy (MRPiPS) with a request for information on the process of its implementation. We asked about the work schedule, whether any meetings on this matter were already taking place. And, what seems most important to us: whether there is any concept, how it will be implemented and what legal solutions will be applied.
Here is the answer we received:
Work on the directive of the European Parliament and of the Council on improving working conditions via platforms is currently in the final stage. A preliminary agreement on the draft directive has been adopted, and linguistic verification by lawyers-linguists is currently underway. The formal adoption of the directive by the EU Council and the EP will probably take place in autumn 2024. Member States will have two years from the date of entry into force of the directive to implement it into national law.
Poland supports this directive and internal analytical work is underway at the Ministry of Family, Labor and Social Policy to prepare for its implementation. One of the key solutions in the directive is to facilitate the determination of the correct employment status of persons performing work via digital employment platforms based on the factual circumstances related to the actual performance of work. To this end, Member States are to introduce a rebuttable presumption of the existence of an employment relationship.
In Poland, there is no institution of the presumption of the existence of an employment relationship, which is why a number of changes to Polish law will be necessary. The implementation of the directive will require a broad discussion, including with social partners, especially regarding the construction of the mechanism for the rebuttable presumption of the existence of an employment relationship. During the negotiation of the text of the directive at the EU forum (the last two years), representatives of the Ministry of Family, Labor and Social Policy met with many entities that made such a request. Currently, the Ministry of Family, Labor and Social Policy is not consulting any draft solutions with any entities. At this stage, it is not yet possible to provide information on the details of the planned solutions.
So as you can see: in the matter of the Directive, everything is still ahead of us.
Tomorrow we will present the position of MRPiPS on the system in which Plafroms employ employees through Fleet Partners.
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