EU countries back rules to give gig workers more rights

After three years of negotiations, EU countries have adopted legislation to give more rights to couriers, meal delivery workers and taxi drivers working for the likes of Deliveroo and Uber.

The directive was blocked by France last month, and Germany abstained, but now a watered-down version of the draft law from Belgium has won acceptance from ministers.

In the Netherlands unions have brought a string of court cases in an effort to win more rights for “platform workers”. PvdA MEP Agnes Jongerius told BNR radio the law gives more clarity about when people should be considered permanent members of staff.

“It will ensure certainty and more protection and will stop algorithms taking decisions without the intervention of a human being,” Jongerius said.

Under the new law, gig workers will have the status of employees and it will be up to employers to prove they are not, if they so wish. But plans for a Brussels-approved list of criteria have been dropped.

The European parliament will vote on the legislation next month.

If passed, the law will come into effect in two years’ time and countries will decide for themselves what criteria should be used to describe “employment”. This, Jongerius said, should not lead to problems because the definition will have to be based on facts, including case law.

Fears that home-delivered pizza will become more expensive if companies have to pay proper wages are also not an issue, she said. “The main thing,” she said, “is that a business model based on exploitation comes to an end.”

Uber said the legislation will have little impact. “EU countries have voted to maintain the status quo today, with platform worker status continuing to be decided country-to-country and court-to-court,” an Uber spokesperson said.

A year ago, the Dutch Supreme Court ruled riders working for meal delivery service Deliveroo are employees, not self-employed. Deliveroo, which pulled out of the Netherlands last year, had argued the riders were independent contractors because they could pick their own hours and refuse deliveries if they did not want to do them.

A similar Supreme Court case focusing on Uber is also pending.

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