THE EUROPEAN COMMITTEE OF THE REGIONS
- agrees with the Commission's analysis that the misclassification of a worker's status and the consequences of this have an impact beyond the framework of platform work;
- welcomes the mechanism of the rebuttable presumption of an employment relationship and the reversal of the burden of proof provided for in the directive;
- emphasises the importance of the presumption of an employment relationship giving the platform workers concerned access to all the rights derived from legislation or collective agreements that guarantee the status of self-employed person or employee;
- reminds that direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. The criteria listed by the directive each characterise an element of direction and control, just one of which must be sufficient to trigger the presumption that there is an employer, which the employee or the employer may still contest if necessary. At the same time, the list of criteria is not exhaustive;
- welcomes the directive's provisions aimed at protecting platform workers from the risks associated with automated monitoring and decision-making systems and algorithmic management;
- calls on the European Commission to propose a regulatory framework to extend the algorithmic management rights granted to platform workers, both employed and self-employed, to all workers, including outside platform work;
- points out that platform workers are often prevented from exercising their fundamental rights to freedom of association and collective bargaining, not least due to the lack of shared means of communication and opportunities to meet online or in person. Appropriate communication channels and access rights for trade unions must therefore be ensured through labour platforms' digital infrastructure;is disappointed that the proposal for a directive makes no reference to local and regional authorities, even though in many Member States, it is sub-national authorities that are responsible for implementing labour legislation and determining the status of workers.