European ministers for employment and social affairs agreed on a position concerning the Directive to improve working conditions for platform workers. The hardly obtained compromise differs from the European Commission’s initial proposal mostly by limiting the presumption of employability of platform workers. 

Indeed, in the Council’s position, the presumption of employability is triggered when the relationship between a digital platform and the workers meets 3 out of 7 listed criteria. The Council is watering down the initial proposal from the European Commission in increasing the number of criteria that needs to be met from 2 to 3 and in enlarging the list of predefined criteria from 5 to 7.  

Additionally, the text approved by the Council will allow countries with more favourable legal mechanisms than what the Directive provides to continue relying on such mechanisms. This creates a risk in countries that have already regulated platform work at a sectoral level, for instance the riders' law in Spain or the sectoral agreements in France. This might create some discrepancies between sectors with some providing better protection than others, while one of the advantages of the Commission’s proposal was its cross-sectorial approach.  

Finally, the Council does not recognize the advantages nor acknowledge the alternative models to capitalistic digital platforms, such as platform cooperatives.  

CECOP hopes that the trialogue negotiations with the European Parliament and the European Commission will restore the initial ambition to protect the workers and guarantee the right classification of employment status. 

You may find here the Council’s position.