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16 Mar 2024

EU reaches provisional agreement on platform directive protecting rights of platform & gig economy workers

In February 2021, the European Commission launched a first-stage consultation on improving working conditions for gig economy workers. The consultation gave trade unions, business lobbies, experts from academia, international organisations and civil society the opportunity to share their views on how EU-wide rules on platform working conditions could work. A second-stage consultation was launched in June and ended in September 2021.

In December 2021, the European Commission published a draft law proposal, putting forward a set of measures aimed at ensuring that people working through digital labour platforms can enjoy the labour rights and social benefits they are entitled to.

The Commission's proposal for a Directive on improving working conditions in platform work will now be discussed by the European Parliament and the Council. Once adopted, Member States will have two years to transpose the Directive into national law.

In February 2023, the European Parliament adopted its position. The text enshrines a legal presumption of employment for self-employed platform workers and includes stronger transparency and information requirements on the use of algorithms in the workplace.

The Council of Member States adopted its position in June 2023. The final text will now be negotiated between EU Commission, Council and Parliament.

On 13 December, negotiators reached an agreement. The final text will now need to be voted on by the Council and Parliament before it can be adopted as an EU-wide law.

On 22 December, the deal which intended to classify gig workers as employees unravelled, however on 8 February 2024 negotiators struck a new deal, which was adopted by the Council on 11 March 2024.

In March, Social Europe released an article outlining the "presumption of legal employment" and the "rights on algorithmic management", which it says are central to the new directive. It describes the directive as a success to the co-legislators, suggesting the directive will help platform workers reclassify as employees and to have access to information regarding the use of algorithmic management and automated human resources. This includes bans on platforms using data concerning freedom of association and collective bargaining rights, and processing data protected under non-discrimination law. The article alleges the directive will pave the way for greater corporate accountability in the digital platform sector.

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