The European Commission has worked to improve the working conditions of people working through digital work platforms. A directive on improving working conditions has been proposed through online platforms. Employers Polish Confederation Lewiatan They believe that the proposed law will create a legislative mess and make it difficult for those using platforms to work.
As we read in the EC Communication, the proposed directive aims to ensure that people working through digital labour platforms are granted the status of legal employment which corresponds to their actual organisation of work. It includes a list of control criteria to determine whether the platform is an "employer". If the platform meets at least two of these criteria, according to law, it is assumed that it is an employer.
Rights of persons working on the Internet platform
Those working through platforms would benefit from labour and social rights that are linked to the status of a ‘employee’.
In the case of persons classified as workers, this means the right to a minimum salary (if any), collective bargaining and protection of working time and health, the right to paid leave or better access to protection against accidents at work, the right to unemployment benefits and sickness benefits, as well as to premium pensions.
Platforms will have the right to challenge or "reject" this classification, the burden of proving that there is no employment relationship in their case, lies with them.
According to the EC legislators, the directive is also intended to increase transparency in the use of algorithms by digital work platforms, ensure that people monitor their compliance with the required working conditions and give the right to challenge automated decisions. These new rights will be granted to both workers and those who are actually self-employed.
Opposition by employers
According to employers associated in Polish Confederation Lewiatan The new EU regulation will lead to different situations for persons performing the same services, tasks, but differently shaping their powers depending on the way in which they are organised in cooperation with the customer or the way in which the work results are transmitted.
This applies for example to taxi drivers who use platforms to order them. According to current regulations in Poland, all drivers who wish to provide taxi transport must meet the same criteria, whether they work for a traditional corporation or cooperate with a platform (a taxi application).
- A single way of regulating digital platforms at EU level, regardless of the services they offer, will have negative consequences for both platforms, their contributors, including taxi drivers and users themselves. It is worth noting that taxi drivers, especially those working with platforms, have been benefiting from self-employment for years and appreciate the possibility of flexible working time. Employment would force them to work according to the schedule set by the platform. This would also have a significant impact on their earnings, as working time would reduce them to a minimum. Platforms would be forced to significantly reduce the number of partner drivers. According to available calculations, the fleet of all drivers cooperating with different platforms in Europe would decrease by 58%, which means that even 149,000 European drivers would be deprived of a source of income, says Krzysztof Urban, Managing Director of Free Now in Poland.