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It is possible that companies such as Uber and Deliveroo, among others, have to reclassify some of their workers as employees, according to a draft that is being analyzed within the European Union.
Faced with the growing boom in digital delivery platforms, the European Commission wants contracting models such as those already implemented in Spain or the United Kingdom to work for the entire community block of 27 countries.
The Commission launched a proposal in this regard, according to a draft known by the Reuters agency, which clarifies that the essence of the initiative is to classify those who work for these platforms as employees and not as independent.
The document estimates that some 15 companies and between 1.7 million and 4.1 million workers would be involved in the measure, which must pass the legislative process in the European Parliament and that the authorities do not see as real before 2025.
The new rules would establish five criteria to determine when a worker of a digital platform should be considered an employee. For example, if the company determines their salary, if it sets standards of conduct and appearance, monitors work performance through electronic means, restricts their ability to choose their work hours or tasks, and prevents them from working for third parties.
Companies would be considered employers if they meet two of those criteria, according to the brief.
Already the Institute of the European Trade Union Confederation (ETUI, in English) had denounced on Tuesday the “amount of unpaid work” that, in its opinion, are carried out by employees of digital platforms such as, for example, distribution applications. food delivery.
Some countries have already taken the lead
In a series of setbacks for online platforms, Britain’s Supreme Court ruled in February that Uber drivers are entitled to minimum wage, while a Spanish court said last year that riders on the delivery app Glovo food companies were employees, but not self-employed.
The new proposal comes as various countries and courts across Europe try to address shortcomings in this industry. Judges, in most cases, support the premise that their workers have the same labor rights as those who work in a factory.
The exception is in Belgium. On Tuesday, December 11, a labor court ruled that the distributors of the Deliveroo network cannot be reclassified as employees with contracts that represent tax and social security obligations to the company.
Regarding the possible new regulation, Bolt, an Estonian shared transport and food delivery company, assured that “one in two drivers will lose their job, which is equivalent to at least 140,000 people in the entire European Union.”
Deliveroo expressed the same concerns. “These proposals will increase uncertainty and will be better for lawyers than for freelancers on the platforms,” said a company spokesman.
With Reuters and EFE
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