Today we will try to summarize what the EU Online Platform Work Directive is all about in a few simple points
1. Work on it lasted over 4 years, but the last negotiations were crucial, thanks to which “an agreement was reached”. Of course, the interested parties themselves (employees) were not asked for their opinion, but politicians and lobbyists of the Platforms agreed.
2. The agreement is of a temporary nature. It now needs to be ratified by the Council of the European Union and then by the European Parliament (EP). Voting in the European Parliament will be rather a formality (it is dominated by supporters of the Directive).
However, the result of the vote in the Council is unknown (it is scheduled to take place today, December 20). Apparently, some representatives of the member states are in favor of reopening the negotiations.
3. However, if the Directive is adopted, then
– it is intended to ensure a “presumption of employment” for each employee of the Internet Platforms.
– however, for it to really work, at least two of the five indicators must be met.
– since the full text of the Directive has not yet been published, it is not entirely clear what these criteria are.
– however, it is certain that the Directive ensures that everyone undertaking work for Platforms is to be guaranteed: human (not algorithm) supervision over key decisions relating to him; Platforms will be subject to restrictions on the collection of personal data; employee’s rights to data concerning him/her (e.g. remuneration determination procedure).
4. Even if the Directive is adopted and its text published, two issues are still key: how it will be implemented into the legal system in individual countries, and how the Platforms will implement it themselves – they are probably already developing tricks and hacks to bypass the Directive.
We will develop this topic further, because it is crucial for the continued existence of our industry.