EU rules on platform work: HOTREC expresses concerns over Parliament report and proposes alternative solutions

In May 2022, MEP Gualmini (S&D/Italy) issued its draft report on Platform work (2021/0414)(COD). HOTREC expressed major concerns with regard to the report, as it aims at automatically transforming every self-employed into an employee. This is due to the complete elimination of the criteria on the employment status presumption. This would put at risk the concept of being self-employed.

At the same time, a reference to national criteria, jurisprudence or collective agreements has been eliminated from art. 5 (possibility to rebut the legal presumption). This could represent a potential redefinition of a worker as defined in each Member State.

Instead, HOTREC proposed to completely eliminate the legal presumption. A one-size-fits-all approach cannot apply to determine the employment status in the Member States. This would respect well-established collective bargaining agreements; European Court of Justice ruling; differences in taxation and social security, etc.

Only if this option is not feasible, then a second solution could be deployed: require a majority of criteria for the legal presumption to take effect (instead of two criteria out of five as proposed by the Commission) and provide the legal presumption with a suspensive effect while being rebutted.

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08 Nov
08/11/2022    
All Day
Next meeting of the PTD expert group on 8/11: agenda available: https://www.hotrec.eu/wp-content/uploads/2022/11/draft-Agenda-8-Nov-2022.pdf
Informal meeting with Airlines4Europe - Possible impact of Fit for 55 on airline pricing and travel
08/11/2022    
09:45 - 11:15
Main outcome of the meeting available (summary + PowerPoint from Airlines4Europe)
14 Nov
14/11/2022 - 16/11/2022    
00:00
On 14-16 November 2022, the Czech presidency of the EU Council will organise the European Tourism Forum.
Webinar on Practical solutions to food waste monitoring in hospitality
17/11/2022    
10:30 - 11:30
Webinar - 17 November, 10.30-11.30 CET
Preparatory meeting SSD plenary + Update on Social Affairs
21/11/2022    
10:00 - 11:30
On 21 November 2022, HOTREC will organise its Sectoral Social Dialogue preparatory meeting + update on Social Affairs (policy and legislative files). The meeting will [...]
22 Nov
22/11/2022    
11:30 - 14:00
HOTREC has shared consolidated comments on ISO Restaurant Vocabulary Project (WD16520) now accessible and will attend the 22 November meeting. 
24 Nov
24/11/2022    
11:00 - 12:30
Slides and recording are available online. Other documents will be shared next week.
24 Nov
24/11/2022    
15:00 - 16:30
New meeting - all HOTREC members are welcome to attend - 24 November 2022
Sectoral Social Dialogue Plenary meeting
25/11/2022    
10:00 - 16:00
HOTREC-EFFAT Work Programme 2023-2024
28 Nov
28/11/2022    
15:00 - 17:00
Stanhope Hotel Brussels by Thon Hotels List of Participants Draft Agenda for ExCom meeting on 28 November 2022 PLEASE NOTE THAT FROM 16:30, THE PRESIDENT-ELECT, [...]
European Hospitality Day - Event at European Parliament
29/11/2022    
08:30 - 14:30
HOTREC is organising meetings and exchanges for HOTREC members at the European Parliament on Tuesday 29 November 2022 in Brussels.
Events on 14/11/2022
14 Nov
Events on 22/11/2022
Events on 24/11/2022
Events on 25/11/2022
Events on 28/11/2022
28 Nov