Platform Work Directive: BusinessEurope message ahead of EU Member States meeting

20 December 2023 - Ahead of the decisive meeting of EU Member States on the Platform Work Directive proposal on 22 December, BusinessEurope Director General Markus J. Beyrer said: “Presumption of employment and additional regulatory burdens remain the key industry concerns around the Platform Work Directive”.

“The principle of a proposed rebuttable presumption of employment is a key issue that needs to be resolved. At the very least, the legal presumption of employment should respect the principles of proportionality and subsidiarity in line with the Council’s general approach.

It is also fundamental that, where a digital platform challenges an administrative or judicial decision determining someone’s employment status, Member States can suspend legal presumption. Otherwise, a digital labour platform will have to assume the obligations of an employer until a decision is made, even if all criteria to qualify as an independent worker are met.

Another key concern for industry is the excessive additional regulatory burdens which companies would face due to the combined effect of disproportionate and overly prescriptive information requirements and periodic impact assessments, along with the need for additional trained staff to oversee algorithmic management systems, and special experts for workers information and consultation.

The provisional trilogue deal of 13 December was rushed through and falls short of addressing these key concerns. We therefore call on EU policy-makers to address them before concluding a trilogue deal.”