Commission proposal for a directive on improving working conditions in platform work - BusinessEurope in-depth position paper

Key messages

• The legal basis of the directive needs to be broadened to the relevant single market treaty articles in order to include self-employed persons under the scope of the directive. Against this background, the criteria introduced in the directive should remain non-binding and act as a guidance to Member States to set up their national classification systems for employment and self-employment.
• More legal certainty is needed regarding the provisions in the directive, by establishing clear definitions and creating a balanced and representative set of criteria.
• The directive should safeguard the fair and neutral determination of employment status for all platform workers, whilst respecting the basic principles of subsidiarity and proportionality. Eliminating the rebuttable presumption of employment whilst maintaining the reversed burden of proof would be a more appropriate way forward.
• The directive needs to allow for more flexibility and support for social partners to conclude collective agreements on working conditions in platform work, in line with their national industrial relations practices and social dialogue systems.
• Algorithmic transparency obligations set out by the directive should not be in contradiction to existing and upcoming EU legislation.