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.