France: an agreement to guarantee Uber drivers a minimum income amount per journey National industrial relations On 18 January 2023, two trade unions, two associations for VTC drivers (passenger car with driver) and two organisations representing the online platforms signed a wage agreement guaranteeing a minimum of €7.65 per journey to drivers using the Uber application,…
Free France: court fines Deliveroo for undocumented ‘concealed’ employment National legislation On 19 April the Tribunal judiciaire de Paris found meal delivery company Deliveroo guilty of ‘concealed’, unreported employment. In accordance with the prosecution’s request, the company was sentenced to the maximum penalty fine of €375,000,…
France: presentation of an ordinance setting out collective bargaining rules within the mobility platform businesses National legislation On 06 April, in the Council of Ministers, the Minister of Ecological Transition together with the Minister of Labour, Employment and Integration presented an ordinance ‘strengthening the autonomy of self-employed workers working on mobility platforms, organizing sectoral social relations, and fulfilling the missions of the Authority for Employment Platform Social Relations’, (the Arpe, L’Autorité des relations sociales des plateformes d’emploi). This text sets the framework for sectoral social dialogue, with the goal of strengthening platform workers’ social rights.
Spain: Just Eat online food platform negotiates agreement that regulates delivery driver work National industrial relations A pioneering agreement has been negotiated with trade unions that sets out the working conditions of the home delivery drivers for the online food delivery platform Just Eat, along with their rights to social protection, rest and digital disconnection. The agreement also recognises the right of employees to be informed of the content of the algorithms and artificial intelligence systems the platform uses to govern how work is distributed.
EU: European Commission proposes presumption of salaried employee status for platform workers European legislation On 09 December and following a process launched in spring 2021 with the consultation of social partners, the European Commission unveiled a Directive proposal aimed at improving the working conditions of platform workers. Faced with a debate on legal status, the EU Commission chose to define a presumption of salaried status for platform workers, unless a platform does not fulfil the criteria characterising it as an employer. The directive proposal also imposes obligations on platforms over the management of their algorithms and their transparency.
Free Italy: drivers contracted to deliver Amazon goods obtain a reduction in working hours National industrial relations Strike action planned for Black Friday (26 November) was averted as a result of a national agreement being reached at the end of November between the companies affiliated with Assoespressi (employers’…
Germany: election of a works council at the delivery company Gorillas, with help from the courts National industrial relations Dissatisfied with the working conditions and pay offered by the young dynamic German start-up and ‘ultra-fast delivery’ platform, employees of Gorillas’ Berlin subsidiary finally succeeded in electing a works council on 27 November 2021. Throughout the process Gorillas management tried to block the election, and notably also in court. Management has also raised the possibility of changing the company's operational structures.
Mexico: a bill to regulate digital platform-based work National legislation The bill, presented by a senator of the current ruling majority party, intends to recognize ‘digital worker’ status for platform-based vehicle for hire drivers and delivery drivers, and to guarantee that their salary rights are respected. In total, six bills aimed at regulating the employment relationship between platforms and their workers are currently awaiting consideration by Congressional labour committees. The executive branch, which is seeking to reform the Federal Labor Law accordingly, is expected to soon give the green light to the majority ruling parliamentarians.
China: government moves to regulate Wild West digital economy National legislation Efforts on the part of the Chinese government to better regulate working conditions in the platform economy are ongoing. As previously reported (see article n°12665), the law on workplace safety – amended in June and effective from 1 September – contains specific mention of the gig economy, and that is not all. In June, seven Chinese state agencies issued a notice on the rights and interests of couriers and riders working for delivery platforms. Then in following month came guidelines to better protect all “new forms of employment”, including in the areas of pay, working hours and social security.
EU: second phase consultation launched on digital platform workers’ rights ILO and other international organizations On 15 June the European Commission launched the second stage consultation of European social partners on better protecting people working through platforms. This follows the Commission’s first consultation stage (c.f. article No.12304) that took place between 24 February and 07 April 2021, and that led to the Commission concluding there was a need for ‘further EU action to ensure basic labour standards and rights to people working through platforms measures’; a need made only more acute by the Covid-19 crisis and the very rapid development of digital platforms.
