The EU will present a proposal on December 8 to better protect platform workers. People who work for a platform company, such as Uber, Deliveroo or Helpling are 'regular' employees, unless the platform worker or the platform company proves otherwise. “This proposal tackles bogus self-employment. The Dutch government ignores it. We are pleased that Europe is taking effective action”, says Petra Bolster, member of the FNV Executive Board.
Bolster: “This is a big step forward. Platform workers security of income and work, protection in case of illness and control over working hours. Arrangements, such as continued payment of confirmations, wages in case of illness, holidays, holiday pay and should also apply to them.”
Bolster: “The EU reverses the burden of proof. That reverse burden of proof is completely justified and much needed to end the platform's revenue model at the expense of their employees." This proposal improved the position of 28 million platform workers in Europe.
Also, platform companies need to manage tasks.
FNV still sees 2 points for improvement. Bolster: “The proposal is only a number of criteria, of which 2 must be met, to prove that there is no question of being an employee. Naive, because platforms will use it to sum the criteria and come with it everywhere.
Platform companies will try to pass on the employer's burden. That is their revenue model. If you reverse the burden of proof, you also have to do the same with criteria. So a platform should actually meet criteria that prove that there are independent entrepreneurs.'
The EU's proposal also does not address the algorithm enough. Such an algorithm should never replace employment law and dismissal law. There must always be a person with ultimate responsibility for important decisions, such as dismissal or a lower ranking in the ranking. Humans are not robots, but are treated as such by an algorithm.”
Yet the FNV is with this EU proposal. “Now that the cabinet has not arranged anything for the protection of this large group of bogus self-employed people all these years, and we as the FNV therefore have to file lawsuits time and again to ensure that platform companies comply with our employment law, we are pleased that the EU can protect of platform workers seriously and therefore assumes an employment relationship!”
After the EU proposal has been adopted by the European legislator, member states have 2 years to transpose it into national law. Bolster: “In our opinion, this should be done much sooner.”