HOTREC position on a proposal for a Directive on “Improving working conditions in platform work”
HOTREC takes note of the European Commission proposal for a Directive on “Improving working conditions on platform work” – (COM(2021) 762 final.
We take note of the European Commission’s objectives of improving working conditions in platform work and supporting the sustainable growth of digital labour platforms in the EU. We also understand that certain situations at the national level need to be quickly addressed (e.g. bogus self-employed should be treated as employees).
In order to reach a compromise, and taking into account the impact that the proposal of Directive will have on the hospitality sector, HOTREC proposes to:
– Broaden the legal basis of the Directive to appropriate single market articles. The advantages would be the following:
- Possibility for platform workers to be considered either employees or self-employed;
- Respect for Member States’ national legislation;
- Respect for European Court of Justice rulings;
- Respect of national competences on the definition of employers and workers;
- EU criteria would serve as a guidance to Member States to set their national criteria, which would be based on the actual performance of work (it would not be made compulsory).
– We would, therefore, ask that the Council legal services provides an opinion on the legal basis of the proposed Directive.
This solution could reduce the risk of decreasing job opportunities for the truly self-employed, with the consequent decrease of business opportunities for companies.