BDA AGENDA 05/21 | REPORT FROM BRUSSELS

The European Commission launched the first phase of the social partner consultation on possible measures to improve working conditions in platform work on 24 February 2021. Self-employed workers are currently excluded from the majority of existing EU legislation in this area.

The European social partners - BusinessEurope, SMEUnited, SGI Europe and the ETUC - now have six weeks to discuss the issue and provide the Commission with a response. The BDA will make a strong contribution to BusinessEurope. If, after examining the social partners' responses, the Commission concludes that there is a need for action at EU level, it will launch a second phase of EU social partner consultation. If the social partners do not wish to enter into negotiations, the Commission will present an initiative itself by the end of the year.

In the Consultation document of the Commission states that the complexity of platform work within the EU - in terms of forms of work, business models and different national responses - creates legal uncertainties. This concerns in particular the areas of: Employment status, working conditions, access to social protection, algorithmic management, cross-border aspects in taxation and social contributions, training, and collective representation and bargaining.

Different EU instruments could be considered for an EU initiative: both legislative instruments and non-legislative instruments such as monitoring in the framework of the European Semester, guidelines to ensure fair platform work or even a package of different instruments.

The possible scope of an initiative is also open: would it cover all platform workers, regardless of employment status, or only platform workers? Would it focus on all digital labour platforms active in the EU or on specific types of platform work or platform business models?

Possible EU action should, according to the Commission, address the following objectives:

• Ensure proper classification of employment status,
• Ensure fair working conditions for all,
• Access to collective bargaining and collective rights,
• Ensure protection against economic and social risks,
• Promote an approach to automated decision making,
• Promote cross-border fairness in platform work,
• Equipping platform employees with tools to manage their careers and access professional development.