On December 13, 2023, EU legislators struck a provisional deal that could classify some workers as employees.
What is the deal about?
- A platform that meets at least 2 out of 5 indicators will be deemed an “employer”. However, member states may add further indicators to this list as a matter of national law.
- The presumption can be triggered by the worker or their representatives. This presumption can be rebutted if the platform proves that the contractual relationship is not employment.
- Algorithms used to assign jobs to gig workers must also be overseen by humans.
- The agreed text will have to be adopted by both Parliament and Council to become law. Next, it still needs to be ratified by lawmakers and member states, which will have two years to transpose it into their local laws.
It’s an open question of how many of them will be reclassified. Platforms could change their model to avoid the indicators. Moreover, nothing in the directive prevents platforms from appealing the re-classification after the labour inspection has enforced it. This loophole can make the process extremely slow and not bearable by workers.