Riders Collective
dialog.work.digital
What does the new EU Platform Directive bring?
“Online Podium Talk” with experts!
On 21.12.21, from 15:00 - 16:30 via ZOOM or YouTube stream.
On 21.12.21, from 15:00 - 16:30 via ZOOM or YouTube stream.
Speakers:
- Elisabeth Lechner (Moderator, speaker in the Office for Digital Agendas, AK Vienna)
- Martin Gruber-Risak (ao. Univ.-Prof. Department of Labor and Social Law at the University of Vienna)
- Christian Berger (Speaker in the Department of Economic Policy with a focus on structural change and the Office for Digital Agendas, AK Vienna)
- Robert Walasinski (Riders Collective Project Manager, ÖGB)
- Oliver Klug (Senior Corporate Communications Manager Lieferando Germany & Austria)
- Martin Gruber-Risak (ao. Univ.-Prof. Department of Labor and Social Law at the University of Vienna)
- Christian Berger (Speaker in the Department of Economic Policy with a focus on structural change and the Office for Digital Agendas, AK Vienna)
- Robert Walasinski (Riders Collective Project Manager, ÖGB)
- Oliver Klug (Senior Corporate Communications Manager Lieferando Germany & Austria)
On December 9, the EU Commission presented a directive on platform work. This proposed directive is intended to bring clarity to millions of employees on platforms and end the long-standing discussion as to whether it concerns self-employment or employment relationships.
But what is changing in practice, and above all: When? Is regulation of the sector, which is acting as hyperflexible and spearheading the digitization of the working world, even necessary or is it hostile to innovation? In addition to the question of the employment relationship, which areas are covered? This complex of topics will be discussed on 21.12.21 at 15:00 with experts and practitioners from trade union, Chamber of Labour and employment law — participation is possible via Zoom and YouTube, questions and contributions to the discussion are welcome!
But what is changing in practice, and above all: When? Is regulation of the sector, which is acting as hyperflexible and spearheading the digitization of the working world, even necessary or is it hostile to innovation? In addition to the question of the employment relationship, which areas are covered? This complex of topics will be discussed on 21.12.21 at 15:00 with experts and practitioners from trade union, Chamber of Labour and employment law — participation is possible via Zoom and YouTube, questions and contributions to the discussion are welcome!
In cooperation
Draft EU directives on platform work
Today (09.12.21), the EU Commission presented the long-awaited draft EU directives on platform work. Why is this relevant to us?
Mjam, Lieferando, Uber, and others are platforms covered by this policy. Except Lieferando set most platforms (in Europe and worldwide) on (fake) self-employed or freelancers.
With that They circumvent labor and social law regulations and outsource the risk to the messengers. Many people can live well with it, but in the long term, uniform rules are needed for all companies.
In principle, the guidelines contain three main points:
- basic assumption of an employment relationship,
- Transparency and fairness when using algorithmic management
- as well as the obligation to provide information.
The basic assumption of employment is currently the most important aspect. This basic assumption can be refuted by the platform, which means: If there is real self-employment, nothing stands in the way of it!
This is intended to prevent covert employment contracts, which are often used throughout Europe and unfortunately also in Austria.
In addition, the burden of proof as to whether an employment relationship exists will be transferred to the platform Instead of leaving it to the individual employee as usual. The platform must therefore prove that it is not an employment relationship.
In addition to these significant improvements, which clarify the question of employment relationships or self-employment on platforms, The aspect of transparency when using automated management systems was also addressed. This means that platforms must disclose how the assignment of orders comes about, for example, and which factors influence this.
Last but not least, platforms are required to report their activities in the respective country. According to the draft directive As a result, employees at Mjam and Co. for example become full-fledged employees by the (rebuttable!) Acceptance of an employment contract. That means all rights, from minimum wage via paid sick leave and vacations Towards 13 & 14 salary as well as the opportunity working collectively for better conditions, To elect representative in the company etc. will apply to platform workers!
This will also have positive effects on collective agreement negotiations, as companies like Mjam will no longer be able to switch to free employment contracts. This can improve working conditions for all bots!
At this point, once again: If the platform can prove that it is self-employed, then nothing stands in the way of it!
This policy is a huge success for trade unions across Europe That too Riders Collective And the works councils Mjam and Lieferando have been and are involved in the development of this guideline from the outset through international cooperation!
However, the directive is just the beginning; now it will be a matter of not allowing the draft to be watered down and to closely monitor the implementation.
We'll stay tuned!
For an in-depth analysis, we recommend this blog post by Martin Gruber-Risak, Christian Berger and Frank Ey.
---- English version ----
Today, the Long-awaited EU Directive on Platform Work Was presented by the EU Commission. Why is this relevant to us?
Mjam, Lieferando, Uber and others are platforms covered by this directive. Except for Lieferando, Most platforms (across Europe and worldwide) Rely on (Bogus) self-employed workers or independent contractors (freelance service contract).
With these contracts they circumvent all labour regulations and outsource the risk to the messengers. Some people can live with this, but in the long run, rules are needed for all companies.
Basically, the guidelines contain three essential points:
- The basic assumption of an employment relationship,
- Transparency and Fairness in the Use of Algorithmic Management
- and the obligation to provide information on platform work activity.
The basic assumption of employment is currently the most important aspect. This basic assumption can be rebutted by the platform. That means if genuine self-employment exists, there is nothing against it! The aim is to prevent hidden employment relationships, as they are often used throughout Europe and unfortunately also in Austria.
In addition, the burden of proof as to whether an employment relationship exists will be ansferred to the platform Instead of being left to the individual employee. Thus, the platform must prove that it is not an employment relationship.
In addition to these significant improvements, which clarify the question of employment relationships or self-employment for platforms, the aspect of transparency in the use of automated management systems was also addressed. This means that platforms must disclose how the assignment of a job, for example, comes about and which factors have an influence on it.
Last but not least, platforms are obliged to report their activities in the respective country. According to the Draft Directive, Workers at Mjam and Co., become fully-fledged employees through the (rebuttable!) Assumption of an Employment Relationship. This means that all rights, from minimum wage to paid sick leave and holidays to 13 & 14 salaries as well as the possibility to collectively stand up for better conditions, to vote for representation in the company etc. will apply to platform workers! This will also have a positive impact in collective bargaining as companies like Mjam will no longer be able to resort to freelance contracts. This will improve the working conditions for all messengers! At this point, once again: If the platform can prove that the work they provide is a self-employed one, then nothing stands in its way!
This directive is a huge success of the trade unions all over Europe, i.e. the Riders Collective and the Workscouncils at Mjam and Lieferando were involved in the development of this directive from the beginning through international cooperation!
But the directive is only the beginning, now it will be a matter of not letting the draft be watered down and of closely observing the implementation.
We are staying aware!
For a depth analysis we recommend this blog post by Martin Gruber-Risak, Christian Berger and Frank Ey (German).
Mjam, Lieferando, Uber, and others are platforms covered by this policy. Except Lieferando set most platforms (in Europe and worldwide) on (fake) self-employed or freelancers.
With that They circumvent labor and social law regulations and outsource the risk to the messengers. Many people can live well with it, but in the long term, uniform rules are needed for all companies.
In principle, the guidelines contain three main points:
- basic assumption of an employment relationship,
- Transparency and fairness when using algorithmic management
- as well as the obligation to provide information.
The basic assumption of employment is currently the most important aspect. This basic assumption can be refuted by the platform, which means: If there is real self-employment, nothing stands in the way of it!
This is intended to prevent covert employment contracts, which are often used throughout Europe and unfortunately also in Austria.
In addition, the burden of proof as to whether an employment relationship exists will be transferred to the platform Instead of leaving it to the individual employee as usual. The platform must therefore prove that it is not an employment relationship.
In addition to these significant improvements, which clarify the question of employment relationships or self-employment on platforms, The aspect of transparency when using automated management systems was also addressed. This means that platforms must disclose how the assignment of orders comes about, for example, and which factors influence this.
Last but not least, platforms are required to report their activities in the respective country. According to the draft directive As a result, employees at Mjam and Co. for example become full-fledged employees by the (rebuttable!) Acceptance of an employment contract. That means all rights, from minimum wage via paid sick leave and vacations Towards 13 & 14 salary as well as the opportunity working collectively for better conditions, To elect representative in the company etc. will apply to platform workers!
This will also have positive effects on collective agreement negotiations, as companies like Mjam will no longer be able to switch to free employment contracts. This can improve working conditions for all bots!
At this point, once again: If the platform can prove that it is self-employed, then nothing stands in the way of it!
This policy is a huge success for trade unions across Europe That too Riders Collective And the works councils Mjam and Lieferando have been and are involved in the development of this guideline from the outset through international cooperation!
However, the directive is just the beginning; now it will be a matter of not allowing the draft to be watered down and to closely monitor the implementation.
We'll stay tuned!
For an in-depth analysis, we recommend this blog post by Martin Gruber-Risak, Christian Berger and Frank Ey.
---- English version ----
Today, the Long-awaited EU Directive on Platform Work Was presented by the EU Commission. Why is this relevant to us?
Mjam, Lieferando, Uber and others are platforms covered by this directive. Except for Lieferando, Most platforms (across Europe and worldwide) Rely on (Bogus) self-employed workers or independent contractors (freelance service contract).
With these contracts they circumvent all labour regulations and outsource the risk to the messengers. Some people can live with this, but in the long run, rules are needed for all companies.
Basically, the guidelines contain three essential points:
- The basic assumption of an employment relationship,
- Transparency and Fairness in the Use of Algorithmic Management
- and the obligation to provide information on platform work activity.
The basic assumption of employment is currently the most important aspect. This basic assumption can be rebutted by the platform. That means if genuine self-employment exists, there is nothing against it! The aim is to prevent hidden employment relationships, as they are often used throughout Europe and unfortunately also in Austria.
In addition, the burden of proof as to whether an employment relationship exists will be ansferred to the platform Instead of being left to the individual employee. Thus, the platform must prove that it is not an employment relationship.
In addition to these significant improvements, which clarify the question of employment relationships or self-employment for platforms, the aspect of transparency in the use of automated management systems was also addressed. This means that platforms must disclose how the assignment of a job, for example, comes about and which factors have an influence on it.
Last but not least, platforms are obliged to report their activities in the respective country. According to the Draft Directive, Workers at Mjam and Co., become fully-fledged employees through the (rebuttable!) Assumption of an Employment Relationship. This means that all rights, from minimum wage to paid sick leave and holidays to 13 & 14 salaries as well as the possibility to collectively stand up for better conditions, to vote for representation in the company etc. will apply to platform workers! This will also have a positive impact in collective bargaining as companies like Mjam will no longer be able to resort to freelance contracts. This will improve the working conditions for all messengers! At this point, once again: If the platform can prove that the work they provide is a self-employed one, then nothing stands in its way!
This directive is a huge success of the trade unions all over Europe, i.e. the Riders Collective and the Workscouncils at Mjam and Lieferando were involved in the development of this directive from the beginning through international cooperation!
But the directive is only the beginning, now it will be a matter of not letting the draft be watered down and of closely observing the implementation.
We are staying aware!
For a depth analysis we recommend this blog post by Martin Gruber-Risak, Christian Berger and Frank Ey (German).
