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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07 Sep
07/09/2022    
09:00 - 14:00
Draft Agenda for ExCom Meeting on 7 September 2022, Brussels Welcome by the President Anti-trust statement and approval of agenda Approval of minutes of the [...]
HOTREC Package Travel Directive webinar
14/09/2022    
11:00 - 12:00
Latest updates on the PTD review's timeline and policy measures envisaged incl. pre-payments, insolvency protection and cancellation rights. HOTREC will incorporate members' remarks into a revised version of HOTREC position paper and submit it to all for approval.
HOTREC SSD Committee preparatory meeting + update Social Affairs
19/09/2022    
10:00 - 12:00
Main outcome of teh meeting available
22 Sep
22/09/2022    
10:30 - 12:30
Recording of the working group on restaurants is available via WeTransfer until 03 October 2022: https://wetransfer.com/downloads/a1e6a6b32b734f7bf864d82b6470184920220926084450/7c966070da61a95549be6c9fbad2169b20220926084508/42d7ba
23 Sep
23/09/2022    
10:00 - 13:00
Updated agenda of the meeting available
29 Sep
29/09/2022    
All Day
On the 3rd edition of the International Day of Awareness of Food Loss and Waste (IDAFLW), celebrated on 29 September, the FAO and UNAP have [...]
Events on 07/09/2022
Events on 14/09/2022
Events on 23/09/2022