EU’s provisional deal on gig worker rights fails to get enough backing from Member States

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Not truthful accelerated connected that Christmas coming for precarious gig workers successful nan EU: A governmental woody announced mid month, which intends to bolster level workers authorities crossed nan European Union by establishing a ineligible presumption of employment, does not person nan basal qualified mostly backing among Member States, it emerged today.

In an little update to nan European Council’s online press release, wherever it had trumpeted nan earlier governmental woody connected nan file, nan institution writes: “[O]n 22 December 2023 nan Spanish presidency concluded that nan basal mostly connected nan provisional statement among personnel states’ representatives (Coreper) could not beryllium reached. The Belgian presidency will resume negotiations pinch nan European Parliament successful bid to scope an statement connected nan last style of nan directive.”

The improvement was picked up earlier by Bloomberg and Euractiv — which reported that nan woody grounded to unafraid a qualified mostly successful a Coreper held Friday.

“No general ballot was moreover held connected nan text, arsenic it became clear location would beryllium nary majority,” said Euractive, citing accusation it obtained that nan Baltics, Czech Republic, France, Hungary and Italy “formally said nary to a woody they believed was excessively acold gone from nan Council’s type of nan directive”.

France has been fingered arsenic starring guidance to nan statement that was announced by exhausted parliamentary negotiators mid month, pinch nan parliament’s co-rappoteur connected nan record blaming guidance to nan woody connected French president Emmanuel Macron earlier this month.

Depending connected changes demanded by blocking Member States, nan record could beryllium forced backmost into nan EU’s three-way lawmaking speech process, known arsenic trilogues, wherever co-legislators successful nan European Parliament, Council and nan Commission would person to try, erstwhile again, to find a discuss they tin each work together on.

However if trilogues person to beryllium reopened successful January they would travel pinch nan added complication of a difficult deadline, arsenic European elections are looming.

A nonaccomplishment to find a measurement guardant connected nan record successful a matter of months would past time off nan gig worker labour betterment astatine nan mercy of reconfigured governmental priorities nether a caller European Commission and parliament — which whitethorn beryllium moreover much correct leaning than nan existent formation.

In a thread posted connected X, Joaquín Pérez Rey, labour curate successful nan Spanish authorities — which has held nan rotating European Council presidency for nan past six months; and had announced reaching a woody connected nan level worker record connected December 13 — blamed blimpish and wide governments for blocking nan reform.

‼️ Los Gobiernos conservadores y liberales de la UE impiden la aprobación de la Directiva de Plataformas Digitales impulsada por la Presidencia española de la UE.

🇪🇺 Una medida pionera que otorgaba derechos a unos 30 millones de trabajadores y a 5,5 millones de falsos autónomos.

— Joaquín Pérez Rey (@jperezrey) December 22, 2023

“The Spanish Presidency of nan Council had reached an statement that had nan support of each governmental groups successful [the European] Parliament isolated from nan Far Right,” he besides wrote [translated from Spanish utilizing AI]. “This directive was inspired by nan 1 known arsenic the Rider Law that came into unit successful Spain connected August 12, 2021.”

“This pioneering regularisation astatine nan world level, which positioned nan EU arsenic nan leader of a adjacent integer transition, will person to proceed being debated successful nan adjacent Belgian Presidency, based connected nan statement reached by nan Spanish Presidency pinch nan European Parliament,” he added. “Spain and nan Ministry of Labor and Social Economy will proceed to take sides an eager Directive that genuinely improves nan business of workers connected integer platforms.”

At their property convention earlier this period to denote nan provisional woody connected nan file, parliamentary negotiators had said nan presumption of an employment narration betwixt a gig worker and a level would beryllium triggered erstwhile 2 retired of a database of 5 “indicators of power aliases guidance are present”. Although they declined to springiness specifications of what these criteria would be.

Opposition to nan statement whitethorn halfway connected this constituent of nan reform, arsenic reports person suggested blocking Member States are pushing for a higher period earlier nan presumption of employments kicks in.

Asked astir this, a spokeswoman for nan Council told TechCrunch: “I corroborate that nan disagreement centers connected nan rumor of ineligible presumption.”

The Council’s position, reached backmost successful June, required astatine slightest 3 of nan 7 criteria group retired successful nan directive needed to beryllium met for nan employment presumption to beryllium triggered. The (now failed) provisional woody had lowered nan period to 2 retired of five. But nan statement announced earlier this period had besides allowed for Member States to grow to nan database of criteria — truthful nan blocker looks to beryllium having conscionable 2 criteria trigger nan employment presumption, alternatively than three.

Parliamentarians who trumpeted nan woody reached earlier this period had dubbed it “historic” and “ambitious”, suggesting it would “move nan load of proof” for precarious gig workers and extremity them being “falsely deemed to beryllium aforesaid employed” by putting nan onus connected platforms to show an worker really is aforesaid employed.

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