Luxembourg (EFE).- The employment ministers of the European Union (EU) reached an agreement on Monday on the platform directive project that aims to improve working conditions in companies such as Uber or Amazon.
Specifically, the holders of the Twenty-seven agreed on the position that the Member States will defend in the legislative negotiations with the European Parliament, co-legislator of the EU together with the countries. From these conversations between the countries and the European Parliament, the final law will emerge later.
Therefore, the step taken today will allow the countries to start talks with the European Parliament, which already approved its position for negotiations with the countries in February.
Spain abstains in the vote
Spain abstained in the vote of the ministers considering that the text was not ambitious enough in defense of the labor rights of platform employees, as announced by the second vice president and Minister of Labor, Yolanda Díaz, during the public session of Council.
The Council of the EU, which brings together the Member States, said in a statement that the text endorsed today by the ministers introduces “two key improvements”, since it “helps determine the employment status of people who work on digital platforms and sets the first EU rules on the use of artificial intelligence in the workplace.
The text supported by the ministers includes seven criteria to determine whether the employees of digital platforms are effectively employed by others and not self-employed.
If at least three of those criteria are met, the employees will be considered employed.
Among the seven criteria are that companies set maximum limits on the amount of money workers can receive, restrictions on their ability to refuse work, and rules that govern their appearance (for example, uniforms with company logos) or their conduct, as indicated by the Council.
Also included among the criteria is that the digital platform monitors work performance by electronic means, that the platform does not give the employee freedom to organize their absences and work hours, as well as to use subcontractors or substitutes.
Likewise, it is included that the company restricts the possibility of the employee building a customer base or working for other companies.
If based on these criteria it is deduced that the worker is an employee and the company does not agree, it will have to be the digital platform that must demonstrate that there is no employment relationship “in accordance with national laws and practices ” Of each country.
28 million platform employees in the EU
The Council underlined that currently most of the 28 million platform employees in the EU, including taxi drivers or food delivery people, are considered self-employed.
“However, some of them have to abide by many of the same rules and restrictions as a paid worker. This indicates that, in fact, they have an employment relationship and, therefore, should enjoy the labor rights and social protection that is granted to employees under national and EU law.
It would be the case of the right to minimum wage, to collective bargaining or paid vacations.
The Council assured that its objective is to address cases of error in the classification and “facilitate the way” for workers to be reclassified as employed by others.
The text agreed today also includes aspects to increase transparency in the use of algorithms.
“Digital work platforms use algorithms on a regular basis for the management of human resources. As a result, platform workers often face a lack of transparency about how decisions are made and how personal data is used.
Countries want workers to be informed about the use of automated decision-making and monitoring systems, and under future rules, those systems would be monitored by qualified personnel, “who will enjoy special protection against adverse treatment,” according to the advice.
“Human supervision is also guaranteed for certain important decisions, such as the suspension of accounts,” the community body added.