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 Sep
08/09/2023    
09:00 - 13:00
List of Participants Ms. Olga Kefalogianni, Greek Tourism Minister, will join us during the morning for an exchange (timing will be confirmed later) Draft Agenda [...]
Together for EU Tourism (T4T) stakeholder meeting
11/09/2023    
09:00 - 13:00
On 11 September 2023, the European Commission (DG GROW) will organise the first stakeholder event to support the co-implementation of the Transition Pathway for Tourism. This will be a hybrid event, taking place in Brussels and online.
Social Affairs Working Group meeting
12/09/2023    
10:00 - 12:00
On 12 September 2023, HOTREC will organise another meeting of its Social Affairs Working Group.
Members session on HOTREC European elections manifesto
14/09/2023    
10:00 - 12:00
On 14 September 2023, HOTREC will organise a members-only session to discuss the upcoming European Elections (June 2024). 
HOTREC Sectoral Social Dialogue Committee meeting
18/09/2023    
09:30 - 13:00
On the morning of 18 September 2023, HOTREC will organise another meeting of the Sectoral Social Dialogue (SSD) Committee. 
HOTREC Short-Term Rentals (STRs) Working Group meeting
21/09/2023    
10:00 - 11:30
On 21 September 2023, HOTREC will organise another meeting of its Short-Term Rentals Working Group.
Pact for Skills - Coordination meeting
21/09/2023    
15:00 - 16:30
On 21 September 2023 took place the 13th Coordination Meeting on the Pact for Skills - an initiative bringing together different skills national partnerships. The [...]
Social Dialogue reform - meeting with European Commission
27/09/2023    
09:30 - 12:00
Main outcome of the meeting available
Events on 08/09/2023
Events on 11/09/2023
Events on 12/09/2023
Events on 18/09/2023