The digital platform is an important step in giving employees their rights, providing fair working conditions and securing employee well-being. EU countries make various regulations to strengthen the social and economic rights of employees in the digital platform economy. Many EU countries have made legal arrangements to accept digital platform workers as similar to traditional workers and to protect their rights. These regulations may cover issues such as working hours, wages, social security rights and occupational health and safety. These arrangements may include fair assessment, fair remuneration, and assurances provided by employers for platform workers.
Some EU countries have advanced in this regard by making legal definitions that determine the status of digital platform workers. For example, some countries have protected these workers by creating new definitions such as self-employed, independent contractors, or employee-like status. These definitions take into account employee dependence on their employer, working conditions and employer-provided protections. These regulations aim to make digital platform employees more secure by improving their job rights and social security. This aims to create a working environment where platform employees are evaluated fairly, have job security and contribute to social security systems.
However, each country’s approach may be different and regulations may change over time. It is therefore important to consult current legislation to give a specific answer on exactly which rights and regulations apply. The European Council stated that the member states have determined a common position in the negotiations with the European Parliament (EP) on the new law prepared for the rights of digital platform workers. Accordingly, it will be ensured that those who work flexibly on digital platforms will have workers’ rights and working conditions will be improved.
Employment status of people working for digital platforms will be determined correctly. Whether a digital platform is an employer or not will be determined by a list of control criteria. The list of criteria will include monitoring the performance of employees electronically, restricting their ability to choose their working hours, preventing job denial, preventing work on behalf of third parties, imposing caps on wages, establishing rules of appearance or behavior, and restricting the use of subcontractors. If at least 3 of the criteria are met, these people will be legally considered platform employees instead of freelancers. It will be the responsibility of the digital platform to prove that there is no employment relationship in legal processes. Those who are classified as platform employees will be granted various rights, such as wages and collective bargaining agreements, for workers in their country of residence. In this way, people working through digital platforms will be granted legal employment status corresponding to their actual working style. There are more than 28 million people working in different jobs such as drivers or courier through various digital platforms in EU countries.
The vast majority of these people are classified as self-employed. The law will take its final form as a result of negotiations between EU countries and the EP.
