A compromise approach to platform work in the hospitality sector: HOTREC position paper
On 9 December 2021, the European Commission proposed a legislative text on “Improving working conditions in platform work” – COM (2021) 762 final to strengthen the protection of workers on digital platforms.
HOTREC understands the need to quickly address specific issues at the national level (e.g., bogus self-employed should be treated as employees). Nevertheless, we believe that the new employment model proposed will result in fewer services for customers and fewer orders for restaurants. Moreover, the legal presumption of employee status will pre-empt flexibility for those who prefer to be treated as self-employed, thus undermining truly self-employed status.
To find a compromise, HOTREC proposes, as a first solution, to broaden the scope of the legal basis to the single market articles of the Treaty. In this way, the criteria for the employment status to be triggered would not be made mandatory, and the national legislation and EU Court rulings will be respected.
HOTREC remains open for discussions with the European Parliament and the Council.