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2023年6月 6日 (火)




 Agenda highlights

 Employment and social policy, 12 June
Platform workers
Ministers will aim to agree the Council’s position (‘general approach’) on the platform work directive, which seeks to improve the working conditions and social rights of people working in the ‘gig’ economy.



ST 10013 2023 INIT - NOTE02/06/2023
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work
Interinstitutional file: 2021/0414(COD)
Subject matter: CODEC, EMPL, SOC
Originator: General Secretariat of the Council
Addressee: Permanent Representatives Committee
Date of meeting: 07/06/2023
The content of this document is not accessible. Nevertheless, a request for access can be sent to the Access to documents department.


https://www.euractiv.com/section/gig-economy/news/swedens-third-attempt-to-reconcile-eu-council-on-platform-workers-rules/(Sweden’s third attempt to reconcile EU Council on platform workers rules)

Shutterstock_22505868311800x450The Platform Workers Directive has caused animosity in the EU Council of Ministers, as member states are divided on a fundamental part of the proposal – the rebuttable presumption that would automatically classify platform workers as employees under certain conditions.

Sweden, currently at the helm of the negotiations, has already made two attempts to bridge the difference between the camp that wants stricter classification criteria, which includes the likes of Spain and the Netherlands, and those who want a more flexible approach, including France and the Nordics.




On the legal presumption, “the presidency left the number of criteria and the threshold untouched as to its conviction this represents the right balance between the diverging requests of delegations.”

At the same time, the text clarifies that even when these conditions listed in the criteria are not part of the platform’s terms and conditions, they are to be considered fulfilled if they are met in practice.

Remarkably, a specification that the criteria are not to be fulfilled if that results from compliance with requirements under EU or national law, or collective agreements, especially in terms of health and safety, was kept in the Directive’s preamble.


Another critical point regards the functioning of the legal presumption.

According to the presidency, the picture is particularly complex as the effects of reclassifying a bogus self-employed worker may vary across the EU as national frameworks vary in how the situation is handled and sometimes even differ in the definition of a ‘worker’.

A consensus was reached that the reclassified worker should be able to enjoy the rights related to employment status, with wording added that these rights must be “deriving from relevant Union law, national law and collective agreements”.


In previous compromises, Sweden introduced the principle that the legal presumption should be applicable in tax, criminal and social security proceedings. This provision is tough to swallow for the Spain-led camp that considers it would result in a half-baked presumption.

The presidency did not modify this part but felt the need to stress that the EU countries who wish to use the rebuttable presumption in these kinds of legal proceedings can do so by introducing national legislation.

“Alternative ways of drafting this provision, i.e. as an opt-out clause, have been explored but were not considered to be legally sound,” the document adds.


The EU Council has also introduced the idea that national administrative authorities should have the discretion not to apply the legal presumption in some instances.


https://www.euractiv.com/section/gig-economy/news/sweden-gives-platform-work-directive-final-push-in-hope-of-eu-council-deal/(Sweden gives platform work directive final push in hope of EU Council deal)

Shutterstock_2307038541800x450 A meeting of EU ambassadors on Wednesday (31 May) will look into a new compromise text on the platform work directive, seen by EURACTIV, in the hope of building a bridge between two starkly divided camps and bringing member states together ahead of a ministerial meeting in mid-June. 


EURACTIV understands that countries looking for a more protective text, such as Spain, Belgium, Luxembourg, and the Netherlands, could not agree to derogation clauses which, in their view, would annul any meaningful impact of the legal presumption.

On the other hand, the more liberal countries such as France and Poland also rejected the text presented last week, asking that a broad derogation clause, put into the recitals after pushbacks from the more ‘protective’ camp back in December, be brought back into the operative part of the text.


Finally, a group of Eastern European and Baltic countries, like Hungary, Latvia, and Lithuania, favoured a higher threshold to trigger the presumption.

Three criteria out of seven are required to trigger the presumption under the current negotiated text. The Commission’s original text instead required two criteria out of five.

As for Germany, it continues to remain silent and has not yet taken a stance on the file – due to divisions within its domestic coalition.






















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