Dokumendiregister | Majandus- ja Kommunikatsiooniministeerium |
Viit | 11-2/714-2 |
Registreeritud | 04.03.2025 |
Sünkroonitud | 05.03.2025 |
Liik | Väljaminev kiri |
Funktsioon | 11 Tööpoliitika ja võrdne kohtlemine |
Sari | 11-2 Rahvusvaheliste tööstandardite ja töötingimuste järelevalve (ILO) kirjavahetus |
Toimik | 11-2/2025 |
Juurdepääsupiirang | Avalik |
Juurdepääsupiirang | |
Adressaat | A. T. |
Saabumis/saatmisviis | A. T. |
Vastutaja | Johann Vootele Mäevere (Majandus- ja Kommunikatsiooniministeerium, Kantsleri valdkond, Tööala valdkond, Töösuhete ja töökeskkonna osakond) |
Originaal | Ava uues aknas |
From: Johann Vootele Mäevere - MKM
Sent: Tue, 04 Mar 2025 14:20:03 +0000
To: Aarushi Tripathi <[email protected]>
Cc: Maria-Helena Rahumets - MKM <[email protected]>
Subject: RE: Request for Interview- Academic Project
Dear Aarushi,
Good morning, and thank you for reaching out. Your research on financing mechanisms for social protection schemes for platform workers sounds highly relevant and valuable.
We are happy to share all relevant materials that we have on this topic, which we hope will be useful for your research (please note that one of them is in Estonian, but could nevertheless prove to be useful). Please find them attached to this e-mail.
In case you require additional details or further clarification, we would recommend reaching out to the Ministry of Social Affairs, as they are responsible for the area of social protection and are thus able to provide deeper insights into the specific mechanisms and policies in place. You can contact them via their general e-mail ([email protected]) – it will be directed to the correct department.
Please let us know if there is anything else we can assist with. Wishing you success in your research, and we appreciate your interest in Estonia’s model!
Best regards,
Johann Vootele Mäevere |
From: Aarushi Tripathi <[email protected]>
Sent: Friday, February 21, 2025 10:30 AM
To: [email protected]
Subject: Request for Interview- Academic Project
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. |
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. |
Good morning
I hope you are doing well.
My name is Aarushi Tripathi, and I am a second-year student in the Master of Public Policy program at Duke University, USA. As part of the course, I am working on a project to understand different types of financing mechanisms to fund social protection schemes for platform or gig workers in Estonia. I am trying to learn more about how these financing mechanisms - identified through the work of the International Labour Organization - have been implemented, what they mean for workers and the challenges and opportunities they present. I am hoping to use these findings to create policy recommendations for other countries with a similar context, with Estonia as one of the models.
Through case studies, I am hoping to obtain deeper insights into how workers with sporadic work can be better included within social protection schemes. Estonia represents a distinct financing mechanism model, that of automated registration. I have also added a short overview of my research objectives with this email.
I wanted to check if a member within the ministry would be available for an interview anytime this month or the next? If so, is there any formal process to request an interview?
Their insights would be invaluable in strengthening my research findings and would contribute significantly to designing more robust funding methods for social protection of platform workers.
Thank you very much for considering my request. I look forward to the possibility of collaborating with you on this important research endeavour. Please let me know if you need any additional information.
Regards
Aarushi
Aarushi Tripathi (she/her)
Vice President, Duke Graduate and Professional Student Government
Master of Public Policy- MPP '25, Sanford School of Public Policy
Email:- [email protected]
Arenguseire Keskus | Lossi plats 1a,15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
1
2021
Arenguseire Keskus
Platvormitöö
Eestis 2021 Küsitlusuuringu tulemused
Johanna Vallistu
Magnus Piirits
2021
Platvormitöö Eestis 2021
Küsitlusuuringu tulemused
2.06.2021
Autorid:
Johanna Vallistu, Magnus Piirits
Uuringus sisalduva teabe kasutamisel palume viidata allikale: Vallistu, J., Piirits, M.,
(2021) Platvormitöö Eestis 2021. Küsitlusuuringu tulemused. Arenguseire Keskus.
Uuringus sisalduva teabe kasutamisel palume viidata lisaks allikale ka tellijale.
Arenguseire Keskus on Riigikogu juures tegutsev mõttekoda, mille ülesandeks on
ühiskonna pikaajaliste arengute analüüsimine, uute trendide ja arengusuundade
avastamine ning arengustsenaariumide koostamine.
Sisukord
1. Sissejuhatus ....................................................................................................... 7
2. Platvormitöö küsitluse tulemused .................................................................... 8
2.1. Uuringu meetod ............................................................................................. 8
2.2. Platvormitöö Eestis – üldine vaade ............................................................. 10
2.3. Fookuses: platvormitöötajate toimetulek ja kriisi mõju ................................. 27
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
4
Uuringu lühikokkuvõte
• Küsitlusuuringu eesmärk oli saada aimu platvormitöö ulatusest Eestis ning
mõista, kui tihti ja millist platvormitööd tehakse. Uuriti ka platvormitöötajate
sissetuleku ja tööaja kohta. Kus võimalik, võrreldi tulemusi 2018. aastal
korraldatud platvormitööd puudutava küsitluse tulemustega.
• Iganädalaselt teeb platvormitööd 7,0% esindusliku valimiga küsitlusele
vastanutest, mis tööealise elanikkonna (vanuses 18–64) arvule laiendades on
ligikaudu 56 000 inimest. 2018. aastal oli vastav osakaal 8,1%, seega ei ole
regulaarsete platvormitöötajate osakaal kasvanud. Suurenenud on aga
vähemalt kord kuus platvormitööd tegevate inimeste osakaal (11,9% vs. 10,3%
2018. aastal). Vähemalt kord kuus teeb platvormitööd 11,9% vastanutest (u
95 000 inimest), vähemalt kord aastas ligikaudu viiendik (u 161 000 inimest)
ning kunagi on platvormitööd teinud enam kui veerand tööealisest
elanikkonnast (u 208 000 inimest).
• Platvormitöö on lisatöö muu põhitegevuse kõrval. Ligi pool regulaarselt
platvormitööd tegevatest inimestest teeb platvormitööd kuni 10 tundi nädalas.
Veerand regulaarsetest platvormitöötajatest teeb platvormitööd 11–25 tundi,
veidi rohkem kui viiendik 25–40 tundi ning väike osa (7,2%) rohkem kui 40 tundi
nädalas.
• Ainus sissetulekuallikas on platvormitöö 4,4% platvormitöötajate jaoks (u
2500 inimest) ning see ei ole võrreldes 2018. aastaga kasvanud.
• Platvormitöötajad, kes on viimase aasta jooksul vähemalt ühe korra
platvormitööd teinud (20,2% tööealisest elanikkonnast ehk u 161 000 inimest),
teenivad platvormitööd tehes keskmiselt 18,4% oma kuu netosissetulekust.
Seega on platvormitööst teenitava tulu osakaal märkimisväärne.
• Koroonaajal on kasvanud digikeskkonnas tehtava platvormitöö maht, seejuures
eriti eestikeelsete vastajate seas. Sellest järeldub, et platvormi ärimudel laieneb
professionaalsete teenuste sektorites.
• Võrreldes 2018. aastaga on kasvanud enamiku küsitluses uuritud platvormitöö
tüüpide osakaal. Enim on suurenenud sõidujagamise osakaal (+7,6%) ja
veebipõhise töö osakaal (keerukam +4%, lihtsam +3,4%), aga ka
professionaalsete teenuste osakaal (+3,2%). Samale tasemele on jäänud
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
5
kontoritöölaadse platvormitöö tegemine ning vähenenud on
isikuhooldusteenuste osakaal (–5,5%) ja ülesannete täitmine teiste kodudes (–
2,6%). Kulleriteenuse osakaalu muutus ei ole eelmise küsitluslainega võrreldav.
• Kokku kuni 40 tundi nädalas töötavate platvormitöötajate puhul on platvormitöö
osakaal selles 14,5 tundi ning platvormitöötaja keskmine töökoormus ei erine
platvormitööd mitte tegeva inimese töökoormusest. Inimestel, kes töötavad
kokku rohkem kui 40 tundi nädalas (u 20% regulaarsetest platvormitöötajatest),
on oluliselt suurem ka platvormitöö tundide arv – keskmiselt 26 tundi nädalas.
See viitab ebamõistlikult suurele summaarsele töökoormusele, mis võib olla
ajendatud probleemidest igapäevase toimetulekuga.
• Platvormitööd tegevate inimeste keskmine netosissetulek on väiksem kui neil,
kes platvormitööd ei tee. Vähemalt kord elus platvormitööd teinud inimeste
netosissetulek märtsis 2021 oli keskmiselt 1017 eurot. Eesti keskmine netopalk
samas kuus oli 1255 eurot. Suurim osa (19,3%) on regulaarsete
platvormitöötajate hulgas neid, kelle igakuine netosissetulek jääb vaid 400–700
euro vahele.
• Kui ankeedile vastanud eestlastest tegi iganädalaselt platvormitööd 6,3%, siis
venekeelsele ankeedile vastanutest teeb platvormitööd iganädalaselt 8,5%.
Sarnaselt jaotuvad ka igakuiseid platvormitöötajad: eestikeelsele ankeedile
vastanutest teeb igakuiselt platvormitööd 11% ja venekeelsele ankeedile
vastanutest 13,9%. See viitab, et platvormitöö kipub olema tööturu duaalsust
arvestades pigem n-ö väheste valikuvõimalustega töötegijate pärusmaa. Kuigi
platvormitöö avardab selliste töötegijate võimalusi tööturul osaleda, on
probleemiks sotsiaalkaitse madal tase töölepingulise töösuhtega võrreldes.
• Veebipõhise keeruka töö tegijate näitel selgus, et töid, mille puhul tavapäraselt
eeldatakse erialast haridust, teeb platvormide vahendusel tööd ka suur hulk
põhi- (12,3%) ja keskharidusega (54,5%) inimesi. See vastab akadeemilises
kirjanduses esile kerkinud tähelepanekule, et platvormid võimaldavad keerulisi
ülesandeid osadeks jagada ning standardiseerida.
• Keskmine regulaarne (igal nädalal vähemalt korra) platvormitöötaja on pigem
mees, pigem nooremaealine, elab pigem Põhja- või Kirde-Eestis, on pigem
vene keelt kõnelev ning pigem põhitöökohaga kontoris või teenindussektoris.
Tulemused viitavad aga sellele, et sõltuvalt platvormitöö tüübist on
platvormitöötajate profiil väga erinev.
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
6
• Platvormitöö mustritest nähtub süvenev segregatsioon tööturul. Venekeelsete
vastajate seas on just füüsiliste platvormide kaudu vahendatavate teenuste
osutamise tase kõrgem (venekeelsele ankeedile vastanutest 9,5% osutab
vähemalt kord aastas sõidujagamisteenust ja 11,7% osutab vähemalt kord
aastas kulleriteenust. Eestikeelsele ankeedile vastanute vastav osakaal oli
4,1% ja 6,5%). Sellest võib järeldada, et venekeelsetel vastajatel on lihtsaid
oskusi eeldavat platvormitööd sissetulekute suurendamiseks rohkem vaja kui
eestikeelsetel.
• Euroopa Komisjon on välja töötamas platvormitöö regulatsiooni, kaaludes
töölepingulise töösuhtega kaasneva sotsiaalkaitse laiendamist platvormitööle.
Eestis on platvormitöötajate sotsiaalkaitse üheks lahenduseks seni peetud
ettevõtluskontot (füüsilisest isikust kauba müüjale või teenuse osutajale
kohalduv lihtsustatud maksurežiim koos ravikindlustuse võimalusega). Samas
kasutab ettevõtluskontot praegu üksnes 2% platvormitöötajatest.
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
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1. Sissejuhatus
Platvormitöö kui töösuhteid ja töökorraldust muutev nähtus kerkis esile 2010. aastate
alguses sõidujagamisplatvormi Uber turuletulekul. Järgnenud on erinevaid töid
vahendavad platvormid. Platvormitöö tekkis oluliste tehnoloogiliste ja sotsiaalsete
muutuste ristumisel – ühelt poolt võrgustikuefekti oskuslikult enda kasuks pööravad
globaalsed digiplatvormid, kes on platvormitöö puhul rõhutanud oma rolli töö
vahendajana, ning teiselt poolt tarbijad ja teenusepakkujad, kes tänu nutitelefonile ja
mobiilse interneti levikule on teenusemudeli muutusega kaasa läinud.
Kui alguses seostati platvormitöö mõistet jagamismajandusega, sai üsna ruttu selgeks,
et pigem räägime tavapärase töö ümberkorraldamisest uudsel viisil. Tarbijad saavad
teenust kasutada nüüd ja kohe – toit või teenus on kliki kaugusel. Varem töövõtjana
tegutsenud inimesed leiavad end tööplatvormil teenust pakkudes iseseisva
lepingupartneri rollist, vastutades ise oma tööaja, töötingimuste ning tervise ja
pensionipõlve kindlustamise, aga ka maksude maksmise eest.
Ligi 10 aastat on Euroopas ja ka mujal maailmas toimunud elav arutelu, kas
platvormitöötaja on ikka tõepoolest ettevõtja, kui tööd vahendav platvorm määrab nii
töö hinna kui ka kirjutab ette, mil viisil tuleks teenust pakkuda. Suurbritannias ja
Ameerika Ühendriikides on jõutud esimeste kohtulahenditeni, kus on leitud, et
platvormidel on tööandja tunnused.1
Eestis on platvormitööd puudutavad arutelud jäänud seni tagasihoidlikuks. 2019.
aastal Arenguseire Keskuse osalusel valminud platvormitöö uurimiseks korraldatud
küsitlus näitas, et platvormitöö on saanud oluliseks osaks Eesti tööturul, isegi kui see
on peamiselt lisatöö. Kui kaks aastat tagasi võisime eeldada, et tööjõupuuduse korral
on pall töötegija väravas ning ebasobivate töötingimustega seoses on inimesel
võimalik tööturul ise sobivam valik teha, siis COVID-19 kriisi olukorras ja
toimetulekuraskuste süvenemisel on asjakohane teemasse tõsisemalt suhtuda.
1Allikad: BBC, 11.08.2020, Uber and Lyft drivers are employees, says US judge; CNBC, 18.03.2021, Uber employment rights setback is a ‘gut punch’ to its prospects in the UK.
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
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2. Platvormitöö küsitluse tulemused
2.1. Uuringu meetod
Arenguseire Keskuse tellimusel korraldas uuringufirma SAAR POLL 2021. aasta
märtsis üle-eestilise platvormitööd puudutava küsitlusuuringu. Esindusliku valimiga
veebipõhises paneelküsitluses osales 2000 inimest vanuses 18–64. Küsitlus viidi läbi
eesti ja vene keeles. Uuringu meetod valiti võimalikult sarnane 2018. aasta lõpus
tehtud platvormitöö küsitluses kasutatud meetodiga. Statistilise mudeli ja
küsitlustulemi erisuste vähendamiseks tulemit kaaluti. Sotsiaaldemograafiliste
tunnuste mudeli loomisel kasutati rahvastikustatistika andmeid seisuga 01.01.2021.
Haridust ja rahvust kaaluti 2019. aasta andmeid kasutades. Maksimaalse valimivea
suurus jääb 95% usaldusnivool 2,19% piiridesse (väiksemate alagruppide vaatlemisel
võib viga olla suurem). Elukohatüübi puhul on lähtutud Statistikaameti määratlusest.
Linnalises asustusüksuses on rahvastiku tihedus suurem kui 1000 elanikku km² kohta,
väikelinnalises asustusüksuses on rahvastiku tihedus 200–1000 elanikku km² kohta ja
maalises asustusüksuses vähem kui 200 elanikku km² kohta. Põhja-Eesti alla kuulub
Harjumaa (sh Tallinn), Lääne-Eesti alla Hiiumaa, Läänemaa, Pärnumaa ja Saaremaa,
Kesk-Eesti alla kuuluvad Järvamaa, Lääne-Virumaa ja Raplamaa, Kirde-Eesti alla Ida-
Virumaa, Lõuna-Eesti alla Jõgevamaa, Põlvamaa, Tartumaa, Valgamaa, Viljandimaa
ja Võrumaa.
Platvormitöö küsitlusuuringu eesmärk oli võrrelda platvormitöö levimust Eestis 2018.
aastal tehtud uuringu tulemustega ning leida, millises ulatuses ja millist platvormitööd
kõige enam tehakse, kui suurt sissetulekut platvormitöö pakub ning kuidas on
korraldatud platvormitöötajate sotsiaalkaitse. 2021. aasta küsitlusuuringu lähtekohaks
oli 2018. aastal kasutatud küsimustik, kuid täielik võrreldavus kahe uuringu vahel ei
olnud eesmärk omaette. Värskem küsitlus keskendus enam platvormitöötajate
sissetuleku ja tööaja küsimustele ning ka kriisi mõjudele. Kõrvale jäid laiemad
ühiskonna ja majanduse platvormistumisega seotud teemad, mis olid hõlmatud
eelmises küsitluses.
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
9
Mis on platvormitöö?
Platvormitöö on uuringus defineeritud kui digitaalse töövahendusplatvormi abil
leitud tööotste tegemine erinevatele klientidele. Digitaalsed töövahendusplatvormid
on näiteks Uber, Bolt, Yandex, Upwork, CareMate. Digitaalsete platvormide
vahendatav töö võib olla nii füüsilises keskkonnas tehtav, näiteks sõidujagamine ja
koristustöö, kui ka veebipõhine, näiteks graafiline disain. Uuringu fookuses ei olnud
igasugune veebi kaudu leitud ühekordne juhutöö (nt ühekordne Facebooki
platvormil leitud tööots) ega püsiv töölepinguline töö, mille korraldamiseks
kasutatakse digiplatvormi (nt veebipõhine broneerimissüsteem). Ei uuritud ka
Airbnb või mõne muu lehekülje kaudu kinnisvara renditeenuse pakkumist, kuigi
mõnikord loetakse ka seda platvormitöö tüübiks.
Uuringus jagame tulemused järgneva kaheksa platvormitöö tüübi vahel:
• sõidujagamisteenuse pakkumine nt Bolti, Uberi, Yandexi vahendusel;
• toidu kohaletoomise või muude kulleriteenuste pakkumine nt Wolti, Bolti
vahendusel;
• erinevate tööde tegemine teiste inimeste kodudes (ehitustööd, remont,
koristamine, lapsehoid, aiatöö jmt) nt Taskus, GoWorkaBiti, Handiesi
vahendusel;
• isikuhooldusteenuste pakkumine (juukselõikus, massaaž, maniküür jmt) nt
Taskus, CareMate’i vahendusel;
• jooksvate asjatoimetuste või bürootööga tegelemine kliendi ruumides nt
GoWorkaBiti vahendusel;
• administratiivse töö tegemine või väiksemate ülesannete täitmine (nn click
work) nt Amazon Mechanical Turki, Clickworkeri, Upworki vahendusel;
• loomingulise või IT-alase töö tegemine (kujundamine, toimetamine,
tarkvaraarendus või tõlkimine jmt) nt Upworki, DesignCrowdi, Freelanceri,
Fiverri vahendusel;
• professionaalsete teenuste pakkumine (õigusabi, raamatupidamine jmt) nt
UpWorki, Freelanceri, Fiverri vahendusel.
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
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2.2. Platvormitöö Eestis – üldine vaade
2021. aasta märtsis tegi platvormitööd igapäevaselt 1,7%, peaaegu iga päev 2,1%
ning umbes kord või kaks nädalas 4,1% küsitlusele vastanud 18–64-aastastest Eesti
elanikest. Neis numbrites kajastuvad ka inimesed, kes teevad erinevaid platvormitöid
erineva sagedusega, mistõttu võib üks platvormitöötaja olla arvesse võetud mitmel
korral.
Kuni kord nädalas platvormitöö tegijaid loeme regulaarseteks platvormitöötajateks.
Kokku oli vastajate seas regulaarseid platvormitöötajaid erinevate platvormitööde
üleselt 7% (tulemus pärast kaalumist). Laiendades tulemust tööealise elanikkonna
arvule, teeb platvormitööd iganädalaselt ligikaudu 56 000 inimest.
Võrreldes 2018. aasta tulemustega on regulaarsete platvormitöötajate osakaal
tööealise elanikkonna hulgas mõnevõrra vähenenud. 2018. aastal tegi platvormitööd
regulaarselt 8,1% elanikkonnast.
Joonis 1 Platvormitöö tegemise sagedus 2018 ja 2021 (% kõikidest vastanutest)
Varasemast enam on neid, kes teevad platvormitööd aeg-ajalt või on kunagi
platvormitööd teinud. Kui jagame platvormitöötajad platvormitöö tegemise sageduse
järgi gruppidesse (arvestades iga platvormitöötaja vaid ühte sagedusgruppi), siis
näeme, et vähemalt kord kuus teeb platvormitööd 11,9% vastanutest, vähemalt kord
1,70%
2,10%
4,10%
6,90%
4,50%
4,70%
6,30%
8,90%
0,00% 10,00%
Iga päev
Peaaegu iga päev
Umbes kord või kaks nädalas
Umbes kord või kaks kuus
Umbes kord kolme kuu tagant
Umbes kord kuue kuu tagant
Umbes kord aastas
Vähem kui kord aastas
Platvormitöö tegemise sagedus
Arenguseire Keskus | Lossi plats 1a, 15165 Tallinn | riigikogu.ee/arenguseire | [email protected]
11
aastas ligikaudu viiendik ning kunagi on platvormitööd teinud enam kui veerand
tööealisest elanikkonnast (vastavalt 96 000 inimest, 160 000 inimest ning 208 000
inimest) (Tabel 1).
Platvormitöö sagedus 2021 2018
Vähemalt kord nädalas 7% 8,1%
Vähemalt kord kuus 11,9% 10,3%
Vähemalt kord aastas 20,2% 16,9%
On kunagi üldse platvormitööd teinud (Kokku) 26% 19,5%
Tabel 1 Platvormitöö sagedus 2021 ja 2018 võrdluses (% kõikidest vastanutest)
Millist platvormitööd tehakse?
Eesti platvormitöötajatest teeb 24% iganädalaselt keerukamaid oskuseid eeldavat
veebipõhist tööd (loominguline töö ja IT-alane töö, näiteks graafiline disain,
tarkvaraarendus, tõlkimine) ja 18,9% teeb lihtsamaid veebipõhiseid töid
(administratiivne töö ja lihtsamad ülesanded).
Võrreldes 2018. aastaga tehakse sarnasel määral töid teiste inimeste kodudes, näiteks
ehitustööd, remont, koristus (21,6% 2021. aastal ja 24,2% 2018. aastal), ning samal
määral (13,7%) kontoritöö laadi töid. Vähem osutatakse digiplatvormide vahendusel
isikuhooldusteenuseid, näiteks juuksuriteenust (6,9% 2021. aastal ja 12,4% 2018.
aastal). Sõidujagamisteenuse osakaal on koroonakriisist hoolimata kasvanud. Kui
2018. aastal pakkus sõidujagamisteenust iganädalaselt 11,4% platvormitöötajatest,
siis 2021. aasta kevadel juba 19%. On võimalik, et enne koroonakriisi algust oli
sõidujagamise osakaal veelgi suurem.
Kulleriteenust osutas 2021. aastal ligikaudu veerand ehk 26,5% platvormitöötajatest.
Kulleriteenuse osutamise näitajat ei saa 2018. aasta tulemusega muutunud
küsitlusmeetodi tõttu võrrelda. Küsitluse valimisse sattusid vaid eesti ja vene keelt
kõnelevad inimesed – on tõenäoline, et ajutiselt Eestis viibivate kulleritööd tegevate
inimeste tõttu on kulleritöö osakaal kogu platvormitöös oluliselt suurem.
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Üks inimene võib teha erinevat tüüpi platvormitöid erineva sagedusega. Seetõttu on
küsitluses märgitud sageduste summa suurem kui 100%. Näiteks võib selle põhjuseks
olla soov suurendada oma sissetulekut erinevate allikate kaudu. Iganädalaselt teeb
ühte tüüpi platvormitööd 5,2% ning kahte ja enamat platvormitööd 1,8% vastanutest.
Igakuiselt teeb ühte platvormitööd 8,1% vastanutest, kahte tüüpi platvormitööd 2,5%
ning 1,3% vastanutest teeb kolme või enamat tüüpi platvormitööd.
Joonis 2 Platvormitöö tüübid regulaarsete platvormitöötajate seas 2018 vs 2021 (%)
Platvormitöö kogemus aastates
Kõige rohkem on platvormitöötajate hulgas neid, kes on platvormitööd teinud alla aasta (39%) ning 1–2 aastat (26%). Veidi enam kui veerand vastanutest oli platvormitööd teinud 3–4 aastat ja 19% kauem kui 4 aastat (
Joonis 3).
18,9%
24,3%
15,1%
13,7%
21,6%
19,0%
6,90%
26,50%
0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0%
Veebipõhine lihtsam töö
Keerukamaid oskuseid eeldav veebipõhine töö
Professionaalsed teenused
Kontoritöö laadi tööd
Ülesannete täitmine teiste kodudes
Sõidujagamisteenus
Isikuhooldusteenused
Kullerteenused
Millist platvormitööd tehakse?
2018 2021
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Joonis 3 Platvormitöö kogemus aastates, platvormitööd kunagi teinud inimeste %
Platvormitöötajate vanus
Platvormitöötajate hulgas on esindatud kõik tööealise elanikkonna grupid, kuid
võrreldes kogu Eesti elanikkonnaga on platvormitöötajate seas enam nooremas
vanusgrupis inimesi (Joonis 4). Iganädalaselt platvormitööd tegevatest inimestest on
enim 35–44-aastaseid ja 25–34-aastaseid. Kõige vähem on regulaarselt platvormitööd
tegevate inimeste hulgas 18–24-aastaseid (11,5%) ja 55–64-aastaseid (14,4%).
Kunagi platvormitööd teinud inimeste vanuseline jaotus on sarnane. Kõikidest
platvormitöötajatest on 17,4% vanuses 18–24, 25,9% vanuses 25–34, 21% vanuses
35–44, 18,7% vanuses 45–54 ja 17% vanuses 55–64. Kunagi platvormitööd teinute
suur osakaal noorimas vanusegrupis iganädalaselt platvormitööd tegevate inimestega
võrreldes viitab asjaolule, et noored on kunagi platvormitööd proovinud või teevad
seda aeg-ajalt, kuid pigem on siin nende jaoks tegu juhusliku ja harva tööotsaga.
39,3%
25,6%
16,6%
18,5%
Kui mitu aastat Te olete digiplatvormide vahendusel teinud tööd?
Alla aasta 1–2 aastat 3–4 aastat Kauem
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Joonis 4 Igal nädalal platvormitööd tegevate inimeste vanuseline jaotus kogu valimi vanusjaotusega võrreldes
Platvormitöötajate sugu
Platvormitöötajate seas on mõnevõrra rohkem mehi. Igal nädalal platvormitööd
tegevatest inimestest on 51,4% mehed ja 48,6% naised. Kõikidest platvormitöötajatest
on 52,3% mehed ja 47,7% naised. Vastanud meestest on kunagi platvormitööd teinud
27% ja naistest 25%. Võrreldes 2018. aasta küsitluse tulemustega on platvormitöö
sooline jaotus siiski oluliselt rohkem tasakaalus. Tookord oli platvormitööd kunagi
teinud vaid 13% naistest ning 26% meestest. Märgatavad on erinevused platvormitöö
tüüpides. Oluliselt rohkem on mehi sõidujagajate ja klikitöö tegijate hulgas. Naisi on
rohkem või samal määral isikuhooldusteenuste, loomingulise töö ja IT-töö tegijate
hulgas (Joonis 5). Siiski oli vastajate arv platvormitöö tüüpide jaotuse osas niivõrd
väike, et ei saa öelda, et tulemuste erinevus oleks statistiliselt oluline.
11,5%
26,6% 28,1%
19,4%
14,4%
10,9%
22,7% 23,1% 21,8% 21,5%
0,0%
5,0%
10,0%
15,0%
20,0%
25,0%
30,0%
18-24 25-34 35-44 45-54 55-64
Iganädalane Kogu valim
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Joonis 5 Platvormitöö tegijate sooline jaotus
Platvormitöötajate tegutsemispiirkond
Platvormitöö on koondunud suurte tõmbekeskuste ja eriti pealinna ümbrusesse.
Iganädalastest platvormitöötajatest 75% elab linnas, 8% väikelinnas ning 17% maal.
Joonis 6 Regulaarsete platvormitöötajate elukoht Eesti piirkonna lõikes
0,0% 50,0% 100,0%
Sõidujagamine
Kullerteenused
Töö teiste kodudes
Isikuhooldusteenused
Asjatoimetused kliendi ruumides
Klikitöö
Loominguline ja IT-töö
Professionaalsed teenused
Vähemalt kord aastas platvormitööd tegevate inimeste
sooline jaotus (%)
Mehi Naisi
48,6%
8,6% 4,3%
13,6%
25,0%
Regulaarsete platvormitöötajate elukoht
Põhja-Eesti Lääne-Eesti Kesk-Eesti Kirde-Eesti Lõuna-Eesti
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Iganädalaselt platvormitööd tegevatest inimestest ligi pooled tegutsevad Põhja-Eestis
(Joonis 6). Eriti märgatav on Põhja-Eesti ehk Tallinna lähikonna päritolu sõidujagajate
hulgas, kellest 67% on märkinud piirkonna oma elukohaks. Iganädalasi
platvormitöötajaid on palju ka Lõuna-Eestis ehk Tartu lähiümbruses.
Platvormitöötajate hulgas on kõige vähem Lääne- ja Kesk-Eestis elavaid inimesi
(Joonis 7).
Joonis 7 Iganädalase platvormitöö piirkondlik jaotus
Platvormitöö koondumine linnadesse ning tõmbekeskuste ümber on loomulik, sest
need on piirkonnad, kus elabki rohkem inimesi ja on piisavalt suur turg. Huvitavam on
jälgida, kas mõne piirkonna elanike seas on vastanute arvuga võrreldes rohkem või
vähem platvormitöötajaid kui mujal. Andmetest on näha, et iganädalaste
platvormitöötajate osakaal on kõige suurem Narva, Kohtla-Järve, Sillamäe ja Jõhvi
linnades (kokku 11,6%). Järgnevad Tartu (9,9%), seejärel Pärnu (8,9%) ja alles siis
Tallinn (8,2%). Muude asulate elanikest teeb regulaarselt platvormitööd 4,8%.
Platvormitöötajate rahvus
Ankeedile vastajad said valida küsimustele vastamiseks eesti või vene keele. Vene
keelt vastamiskeelena eelistanud inimeste seas on regulaarsete platvormitöötajate
osakaal märgatavalt suurem kui eesti keelt eelistavate vastajate hulgas. Kui ankeedile
0,0% 20,0% 40,0% 60,0% 80,0% 100,0% 120,0%
Iganädalane kokku
Sõidujagamine
Kullerteenus
Töö teiste inimeste kodudes
Isikuhooldusteenused
Jooksvad asjatoimetused kliendi ruumides
Administratiivne töö veebis
Loominguline või IT-alane töö veebis
Professionaalne töö
Iganädalase platvormitöö piirkondlik jaotus
Põhja-Eesti Lääne-Eesti Kesk-Eesti Kirde-Eesti Lõuna-Eesti
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vastanud eestlastest tegi iganädalaselt platvormitööd 6,3%, siis venekeelsele
ankeedile vastanutest tegi platvormitööd iganädalaselt 8,5%. Samamoodi on
igakuiseid platvormitöötajaid 11% eestikeelsele ankeedile vastanutest ja 13,9%
venekeelsele ankeedile vastanutest.
Mõned platvormitöö tüübid (kulleriteenus, sõidujagamine) eeldavad vähest kohaliku
keele oskust ja sealne sisenemisbarjäär on madal, sest need tööd ei nõua ei keerulisi
oskusi ega tule läbida ka nõudlikku värbamisprotsessi. Kuivõrd ankeedile sai vastata
üksnes eesti või vene keeles, võib eeldada, et mitte-eesti päritolu inimeste osakaal
platvormitöö tegijate seas on alahinnatud.
Platvormitöötajate haridustase
Platvormitöötajate haridustase platvormitöö tegemise sageduse lõikes oluliselt ei erine
ning on sarnane kogu elanikkonna haridustaseme jaotusega. Suurem osa (54,7%)
platvormitöötajatest on keskharidusega (valimis keskmiselt 55,8%), 15,1% on
põhiharidusega (keskmiselt 14,1%) ning 30,2% on kõrgharidusega (keskmine on
30,1%) (Joonis 7).
Joonis 8 Platvormitöötajate haridustase
15,1%
54,7%
30,2%
Regulaarselt platvormitööd tegevate inimeste haridustase (%)
Põhiharidus Keskharidus Kõrgharidus
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Kas platvormitöötajad erinevad sõltuvalt platvormitöö tüübist?
Seni oleme vaadelnud platvormitöötajaid kõikide uuritud platvormitöö tüüpide kohta
kokku. Kuid nagu pole olemas keskmist inimest, ei ole olemas ka keskmist
platvormitöötajat, sest platvormitöö mõiste tähistab väga erinevaid töid. Erinevad tööd
eeldavad erinevaid oskuseid ning nii töökorraldus kui ka töötasu on erinev.
Otstarbekas on jagada peamised platvormitöö tüübid kohapõhisteks ja
veebipõhisteks töödeks ning väheseid oskuseid eeldavateks ja
professionaalseid oskuseid eeldavateks töödeks (vt Joonis 9). Uurisime
sõidujagamise ning veebipõhise loome- ja IT-töö näitel, kas ja millistes aspektides
platvormitöötajad üksteisest erinevad.
Joonis 9 Platvormitöö jaotus: kohapõhine-veebipõhine ning väheseid oskuseid – professionaalseid oskuseid eeldavad tööd jaotuses
Mõlemat tüüpi platvormitööd teeb võrreldes 2018. aastaga regulaarselt suurem hulk
inimesi – kui 2018. aastal tegeles 11,4% iganädalastest platvormitöötajatest
sõidujagamisega ja 20,3% keerukamaid oskusi eeldava veebipõhise tööga, siis 2021.
aastal tegeles 19% iganädalastest platvormitöötajatest sõidujagamisega ning 24,3%
veebipõhise keerukama tööga. Suurendamaks tulemuste usaldusväärsust, kaasasime
Kohapõhine ja professionaalseid oskuseid eeldav (nt kontoritöö,
õpetamine, hooldus,
professionaalsed teenused)
Veebipõhine ja professionaalseid oskuseid eeldav
(nt IT, disain)
Kohapõhine ja väheseid oskuseid
eeldav (kullerteenus,
sõidujagamine,
Veebipõhine ja väheseid oskuseid eeldav (nt klikitöö)
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võrdlusesse kõik vastavat tüüpi platvormitööd tegevad inimesed, kes teevad
platvormitööd vähemalt kord aastas.
Esmalt on näha, et platvormitöötajate sooline jaotus sõidujagajate ja keeruka
veebipõhise töö vahel on erinev. Kui loomingulise või IT-töö tegijate seas on võrdselt
mehi ja naisi (mehi 50,5% ja naisi 49,5%), siis sõidujagajate hulgas on 57,3% mehi ja
42,7% naisi (Joonis 10). Viimane tulemus võib muidugi olla tingitud Eesti tööturu
ajaloolisest soolisest segregeerumisest taksoteenuse valdkonnas.
Joonis 10 S Sõidujagajate ja keeruka veebipõhise töö tegijate sooline võrdlus
Erinevust on märgata ka platvormitöötajate rahvuses. Eelnevalt nägime, et keskmiselt
on suurem platvormitöötajate osakaal nende seas, kes vastasid venekeelsele
ankeedile ja väiksem nende seas, kes vastasid eestikeelsele ankeedile. Võrreldes
veebipõhist ja kohapõhist platvormitööd, on keele-eelistuse erinevus silmatorkav –
loomingulise või IT-alase veebipõhise platvormitöö tegijate seas on u 67% eestlasi ja
33% mitte-eestlasi (ehk inimesi, kes vastasid venekeelsele ankeedile), sõidujagajate
seas on võrdselt eesti ja vene keeles ankeedile vastanuid. Valimis oli eestlasi
keskmiselt 69% ja mitte-eestlasi 31% (Joonis 11).
57,3%
50,5%
42,7%
49,5%
0,0% 20,0% 40,0% 60,0% 80,0% 100,0% 120,0%
Sõidujagamine
Loominguline või IT-alane töö veebi kaudu
Veebipõhiste ja kohapõhiste platvormitöötajate
sooline võrdlus
Mees Naine
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Joonis 11 Sõidujagajate ja keeruka veebipõhise töö tegijate võrdlus rahvuste lõikes
Erineb ka sõidujagajate ja veebipõhise keeruka töö tegijate vanuseline jaotus (Joonis
12). Kui sõdujagajate hulgas on suurim 35–44-aastaste inimeste osakaal (30,2%) ning
sellele järgneb 45–54-aastaste vanusgrupp (24,9%), siis keeruka veebipõhise töö
tegijad on nooremad – enim oli neid vanuses 25–34 (28,4%) ning 18–24 (21,9%).
Joonis 12 Sõidujagajate ja keeruka veebipõhise töö tegijate vanuseline võrdlus
Mõneti üllatuslikult ei ole olulisi erinevusi platvormitöötajate haridustasemes. Kui
mõlemas platvormitöötajate kategoorias on põhiharidusega inimesi veidi üle 12%
(sõidujagajate seas 12,7% ja veebipõhise töö tegijate seas 12,3%), siis põhiliselt on
nii sõidujagajad kui ka veebipõhise töö tegijad keskharidusega (57,5% sõidujagajatest
49,5%
66,7%
50,5%
33,3%
0,0% 50,0% 100,0%
Sõidujagamine
Loominguline või IT-alane töö veebi kaudu
Veebipõhise ja kohapõhise platvormitöötaja rahvuse võrdlus
Eestlane Mitte-eestlane
12,5%
18,7%
30,2%
24,9%
13,7%
21,9%
28,4%
20,0%
15,7% 14,0%
0,0%
5,0%
10,0%
15,0%
20,0%
25,0%
30,0%
35,0%
18-24 25-34 35-44 45-54 55-64
Veebipõhiste ja kohapõhiste platvormitöötajate vanuse võrdlus
Sõidujagamine Loominguline või IT-alane töö veebi kaudu
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21
ja 54,5% veebipõhistest töötajatest), mis võib viidata sellele, et IT-alaseid või muid
professionaalseid oskuseid on võimalik omandada ka näiteks täienduskursustel ega
pea kindlasti ülikoolis käima. Alternatiiv paistab olevat selles, et need ülesanded, mis
on leitavad veebipõhiste platvormide vahendusel, ei ole võrreldavad keeruka
tavatööga. Varasemas erialakirjanduses on leitud, et keerukamaid töid vahendavatel
veebiplatvormidel jagatakse tööd paljudeks eri osadeks ning ühele ülesandele
spetsialiseerunud platvormitöötaja täidab järjest ning korduvalt just üht kindlat
ülesannet erinevate klientide jaoks. Üks võimalus on see, et veebipõhise platvormitöö
tegijad alles õpivad ülikoolis (mida kinnitaks ka nende keskmisest noorem iga), aga
põhitegevusalade võrdlus seda väidet ei tõenda.
Joonis 13 Sõidujagajate ja keeruka veebipõhise töö tegijate haridustaseme võrdlus
Ka tööalase staatuse poolest on sõidujagajad ja veebipõhise töö tegijad pigem
sarnased. Keerukat veebipõhist platvormitööd tegevate inimeste seas on enam
spetsialiste (26,7%, sõidujagajate seas 22,5%). Sõidujagajate hulgas on rohkem
oskus- või lihttöölisi (26,6% vs. 23%). Sarnane on mõlemas grupis mittetöötavate
inimeste, kontori- või teenindussektori töötajate ja juhtide osakaal.
12,7%
57,5%
29,8%
12,3%
54,5%
33,2%
0,0%
10,0%
20,0%
30,0%
40,0%
50,0%
60,0%
70,0%
Põhiharidus Keskharidus Kõrgharidus
Veebipõhiste ja kohapõhiste platvormitöötajate haridustaseme
võrdlus
Sõidujagamine Loominguline või IT-alane töö veebi kaudu
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Joonis 14 Sõidujagajate ja keeruka veebipõhise töö tegijate elukoha võrdlus tööalase staatuse lõikes
Igakuiste (neto)sissetulekute jaotuses paistab silma, et mõlemas grupis moodustavad
suurema osa inimesed, kelle kogusissetulek jääb alla Eesti keskmise palga või ulatub
veidi üle selle2 (Joonis 15). Veebipõhise keerukama platvormitöö tegijate seas on
suurim nende osakaal, kelle sissetulek jääb vahemikku 701–1000 eurot (30,4%),
sellele järgneb netopalk 1001–1200 eurot (9,4%) ja 401–700 eurot (7,3%).
Sõidujagajate seas on enim neid, kelle netopalk on vahemikus 401–700 eurot kuus
(24,5%) ja 1001–1200 eurot kuus (23,6%).
2 Eesti keskmine brutopalk 2020. aasta keskmisena oli 1448 eurot (allikas: Statistikaamet). Kui arvestada maksuvaba tulu, kohustuslikke makseid ning II pensionisamba makseid, oli vastav netopalk 1189 eurot kuus.
19,9%
22,5%
25,4%
26,6%
2,8%
2,8%
18,9%
26,7%
24,4%
23,0%
3,5%
3,5%
0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0%
Ettevõtte juht, keskastme juht, üksikettevõtja, FIE
Spetsialist
Kontori- või teenindussektori töötaja
Oskus- või lihttööline
Pensionär (mittetöötav), töövõimetuspensionär (mittetöötav)
Kodune, õpilane, töötu
Veebipõhiste ja kohapõhiste platvormitöötajate tööalane
staatus
Loominguline või IT-alane töö veebi kaudu Sõidujagamine
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Joonis 15 Sõidujagajate ja keeruka veebipõhise töö tegijate võrdlus (neto)sissetuleku lõikes kõikide sissetulekuallikate peale kokku
Sõidujagajate ja keerukat veebipõhist tööd tegevate inimeste elukoha erinevus on
märgatav. Sõidujagajate hulgas on oluliselt rohkem neid, kes elavad Põhja-Eestis ehk
Tallinna lähiümbruses (Joonis 16). Piirkondlikust erinevusest veelgi olulisem on aga
piirkonna tüüp. Mõlema grupi esindajad elavad pigem linnas, kuid veebipõhise töö
tegijate hulgas on rohkem neid, kes elavad maal (Joonis 17). Ka ainult linnu vaadeldes
on näha, et veebipõhise töö tegijad on Eesti suuremate linnade vahel ühtlasemalt
jaotunud, samal ajal kui sõidujagajate hulgas on suurem osa inimesi Tallinnast või Ida-
Virumaa linnadest (Joonis 18). See tulemus oli ka eeldatav, sest sõidujagamise
teenust saab pakkuda ainult valitud Eesti linnades.
Joonis 16 Sõidujagajate ja keeruka veebipõhise töö tegijate piirkondlik võrdlus
0,0%
5,0%
10,0%
15,0%
20,0%
25,0%
30,0%
35,0%
Kuni 400 eurot
401-700 eurot 701-1000 eurot
1001-1200 eurot
1201-1400 eurot
1401-2000 eurot
Üle 2000 euro
Veebipõhiste ja kohapõhiste platvormitöötajate sissetuleku
jaotus võrreldes kogu valimiga (neto)
Sõidujagamine Loominguline või IT-alane töö veebi kaudu Kogu valim
0,0%
10,0%
20,0%
30,0%
40,0%
50,0%
60,0%
Põhja-Eesti Lääne-Eesti Kesk-Eesti Kirde-Eesti Lõuna-Eesti
Veebipõhiste ja kohapõhiste platvormitöötajate elukoha
võrdlus (piirkond)
Sõidujagamine Loominguline või IT-alane töö veebi kaudu
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24
Joonis 17 Sõidujagajate ja keeruka veebipõhise töö tegijate piirkondlik võrdlus linn-maa lõikes
Joonis 18 Sõidujagajate ja keeruka veebipõhise töö tegijate elukoha võrdlus linnade lõikes
Eelneva analüüsi põhjal saame üldistada, et keerukama veebipõhise töö tegijad on
sõidujagajatega võrreldes nooremad, nende seas on rohkem naisi, nad räägivad
emakeelena pigem eesti keelt ning elavad sagedamini maapiirkonnas, kuid neil ei ole
ei kõrgemat haridustaset ega ka oluliselt suuremat sissetulekut. See võib viidata
asjaolule, et kuigi sõidujagamine on madala sisenemisbarjääriga töö, teevad seda hobi
korras ka kõrgharitud inimesed. Teisalt võib olla nii, et platvormide vahendusel tehtav
92,6%
86,5%
7,4%
13,5%
75,0% 80,0% 85,0% 90,0% 95,0% 100,0% 105,0%
Sõidujagamine
Loominguline või IT-alane töö veebi kaudu
Veebipõhiste ja kohapõhiste platvormitöötajate elukoha
võrdlus (linn-maa)
Linn Maa
0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% 40,0% 45,0%
Tallinn
Tartu
Pärnu
Narva, Kohtla-Järve, Sillamäe, Jõhvi
Muu asula
Veebipõhiste ja kohapõhiste platvormitöötajate elukoha
võrdlus (linn)
Sõidujagamine Loominguline või IT-alane töö veebi kaudu
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25
töö on jagatud osadeks või vahendatakse seal vähem keerukaid töid ning sellega
saavad hakkama ka inimesed, kellel ei ole antud valdkonnas ei pikka kogemust ega
kõrgharidust.
Kokkuvõttes saime kinnitust, et platvormitöötajate profiil on olenevalt tehtavast tööst
erinev ning seega tuleks ka näiteks poliitikakujunduses erinevaid gruppe eraldi
käsitleda.
Platvormide roll professionaalsete teenuste turul suureneb
Käesolev platvormitöö küsitluslaine tõi esile, et suurenenud on nii professionaalsete
kui ka veebipõhiste platvormitööde osakaal. Võime eeldada, et tulevikus see
suundumus jätkub. Esiteks need valdkonnad, kus koroonakriisi ajal on toimunud
oluline nihe – inimesed on harjunud üha rohkem iseseisvalt ja virtuaalselt töötama.
See harjumus on sageli hüppelaud iseendale tööandjana lisasissetuleku
otsimiseks. Teisest küljest võimendab suundumust see, et digiplatvormide
vahendusel töötamine on muutunud harjumuspärasemaks ja tekkinud on ka
keerukamaid spetsiaalseid oskustöid vahendavaid platvorme – näiteks Hugo Legal,
mis vahendab juristide teenuseid.
Mis iseloomustab regulaarset, vähest ja harva platvormitöötajat?
Jagasime kõik kunagi platvormitööd teinud inimesed nelja rühma – igal nädalal
platvormitööd tegevad inimesed ehk regulaarsed platvormitöötajad, ligikaudu kord
kuus platvormitööd tegevad inimesed, vähemalt kord aastas platvormitööd tegevad ja
kunagi varem või üldse mitte platvormitööd teinud inimesed. Mis paistab selles
võrdluses silma?
Näeme, et iganädalaste platvormitöötajate seas on veidi enam mehi, pigem on nad
vanusegrupis 35–44, kuid 25–34-aastaste osakaal on samuti suur. Pigem elavad nad
linnas ja eriti palju on Tallinnas ja Tartus elavaid inimesi. Kirde-Eesti linnade kõikide
elanike osakaal regulaarsete platvormitöötajate seas on suurem kui teistes
piirkondades keskmiselt. Mitte-eestlased teevad platvormitööd võrreldes eestlastega
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26
suuremas mahus, aga absoluutarvuna on neid siiski vähem. Gruppide võrdluses on
siin kõige suurem vene keelt rääkivate inimeste osakaal. Suurim osa regulaarsetest
platvormitöötajatest teenib igakuiselt kokku 401–700 eurot ning eriti paistab see silma
mitte-eestlaste puhul. Võrreldes teiste gruppidega on siinses grupis enim iseendale
tööandjaid ja ettevõtete juhte (siia alla kuulub ka isiklik OÜ ja FIE-na tegutsemine), kuid
kõige rohkem on regulaarsete platvormitöötajate hulgas spetsialiste. Iganädalaselt
platvormitööd tegevate inimeste hariduslik jaotus ei erine oluliselt kogu valimi
keskmisest.
Igakuiselt ehk natuke platvormitööd tegevate inimeste puhul paistab silma see, et enim
on selles grupis noori inimesi – vanuses 18–24 on siin rohkem inimesi kui teistes
platvormitöötajate gruppides. Pigem elavad nad Põhja-Eestis ja eriti Tallinnas. Selles
grupis on rohkem ka keskharidusega inimesi, kuid nende keskmine sissetulek on
analüüsitavate gruppide võrdluses suurim. Põhitegevuse plaanis paistab silma suur
oskus- ja lihttööliste osakaal.
Inimesed, kes teevad platvormitööd vähemalt kord aastas, kuid harvemini kui kord
kuus ehk harvad platvormitöötajad, paistavad silma keskmisest kõrgema vanusega
– enam on inimesi vanusegrupis 55–64 eluaastat. Pigem elab harv platvormitöötaja
Tallinnast väljaspool – Lõuna-, Lääne- ja Kirde-Eestis, ka maal – ning on
põhiharidusega. Võrreldavate gruppide lõikes on harvade platvormitöötajate sissetulek
kõige väiksem.
Kui võrrelda regulaarselt, veidi ja harva platvormitööd tegevate inimeste gruppe kunagi
platvormitööd teinud või üldse mitte platvormitööd teinud inimestega, on näha, et
viimase grupi keskmine sissetulek on kõige suurem. Seega on platvormitöötajate
keskmine igakuine netosissetulek kõikide sissetulekuallikate peale kokku
väiksem kui platvormitööd mitte tegevatel inimestel.
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27
2.3. Fookuses: platvormitöötajate
toimetulek ja kriisi mõju
Tihtipeale räägitakse platvormitööst kui võimalusest paindlikult lisasissetulekut
teenida. On inimesi, kes teevad platvormitööd hobi korras, näiteks teiste inimestega
suhtlemiseks või uue oskuse omandamiseks. Teisalt on leitud, et Eesti tööturul on suur
hulk palgavaesuses inimesi, kelle jaoks võib platvormitöö pakkuda hädavajalikku
lisasissetulekut ots otsaga kokkutulekul. See muudab nad vähem nõudlikuks
töötingimuste ja sotsiaalkaitse osas. 2021. aasta küsitlusvoorus keskendusime
platvormitöötajate sissetulekule ja viiruskriisi mõjule. Lisasime ankeeti küsimused
tööaja, sissetulekute ja sotsiaalkaitse kohta.
Platvormitöötajate töökoormus
Platvormitöö keskmine tundide arv nädalas näitab, et üldjuhul on platvormitöö
kõrvaltöö. Ligi pool regulaarselt platvormitööd tegevatest inimestest teeb platvormitööd
nädalas kuni 10 tundi. Veerand vastajatest teeb platvormitööd 11–25 tundi nädalas,
veidi rohkem kui viiendik 25–40 tundi nädalas ning väike osa (7,2%) rohkem kui 40
tundi nädalas. Mõned üksikud viimase kategooria vastajad märkisid, et nad teevad
platvormitööd kõvasti üle tavapärase töönädala pikkuse – 50, 60 ja isegi 80 tundi
(Joonis 19).
Regulaarselt platvormitööd tegevate inimeste keskmine töökoormus ei erine nende
inimeste töökoormusest, kes platvormitööd ei tee (keskeltläbi 38,5 töötundi nädalas).
Kokku kuni 40 tundi nädalas töötavate platvormitöötajate platvormitöö osakaal on 14,5
tundi. Kuid inimestel, kes töötavad kokku rohkem kui 40 tundi nädalas, on oluliselt
suurem ka platvormitöö tundide arv – keskmiselt 26 tundi nädalas.
Kuni 40 tundi nädalas töötavate platvormitöötajate puhul on platvormitöö
osakaal kogu töös keskmiselt 14,5 tundi. Inimestel, kes töötavad kokku
rohkem kui 40 tundi nädalas, on oluliselt suurem ka platvormitöö tundide
arv – keskmiselt 26 tundi nädalas.
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Joonis 19 Keskmine digiplatvormi(de) vahendusel töötatud tundide arv nädalas
Nädala keskmise digiplatvormide vahendusel töötatud aja osas paistavad silma Ida-
Virumaa platvormitöötajad. Ida-Virumaa linnade platvormitöötajate keskmine
platvormitöö tundide arv nädalas on regulaarselt 23,8 tundi (keskmine 18,2 tundi).
Kõige väiksem on Pärnu linna regulaarsete platvormitöötajate keskmine töötundide arv
– 12,9 tundi. Sealjuures on Pärnu linna elanike keskmine töötundide arv kõiki töid
arvestades 40,2 tundi nädalas, aga Ida-Virumaa linnade (Narva, Kohtla-Järve, Jõhvi,
Sillamäe) elanikel vaid 37,9 tundi nädalas.
Platvormitöö osakaal kogu sissetulekus
Enamiku platvormitöötajate jaoks on platvormitöö lisasissetuleku allikas.
Platvormitöötajad, kes on viimase aasta jooksul platvormitööd teinud (ca 160 000
inimest), teenivad platvormitööd tehes keskmiselt 18,4% oma kuu netosissetulekust.
Veidi enam teenivad mehed (18,8%) ja vähem naised (17,8%). 81,3% vastajatest
ütles, et nad teenivad sel viisil kuni poole oma sissetulekust (2018. aastal 76,4%).
Vähemalt poole sissetulekust moodustab platvormitöö 18,7% platvormitöötajatest
(2018. aastal 23,6%). Platvormitöö on ainus sissetulekuallikas 4,4%
platvormitöötajatest (2018. aastal 4,2%). Kõige suurema osa sissetulekust moodustab
platvormitöö vanuses 35–44 (21,1%) ja kõige väiksema vanusegrupis 25–34 (15,5%).
46,6%
25,0%
21,2%
7,2%
Keskmine töötatud tundide arv digiplatvormi(de) vahendusel
nädalas
Kuni 10 tundi 11-25 tundi 25-40 tundi 40+ tundi
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Vähemalt kord aastas platvormitööd teinud inimeste platvormitööst teenitavas
sissetulekus on olulised erinevused sõltuvalt nende põhitegevusest. Kõige suurema
osa teenivad platvormitööst ettevõtjad (sh FIE-d) (27,6%), neile järgnevad kontori- või
teenindussektori töötajad (20,9%), kodused inimesed, õpilased või töötud (18,9%) ja
spetsialistid (18,4%).
Küsimusele ei osanud või ei soovinud vastata 40% platvormitöötajatest.
Joonis 20 Platvormitöö osakaal platvormitöötajate netosissetulekus põhitegevuse järgi (%)
Võrreldes regulaarsete platvormitöötajate kogusissetulekut (mh palk, platvormitööst
saadud sissetulek, stipendiumid, toetused) kogu elanikkonna jaotusega, näeme, et
suurem osa regulaarsetest platvormitöötajatest on need, kelle kogusissetulek on
vahemikus 401–1200 eurot. Kõrgemates sissetulekugruppides on platvormitööd mitte
tegevate inimeste osakaal suurem kui platvormitöötajate osakaal.
0,0 5,0 10,0 15,0 20,0 25,0 30,0
Ettevõtte juht, keskastme juht, üksikettevõtja, FIE
Spetsialist
Kontori- või teenindussektori töötaja
Oskus- või lihttööline
Pensionär (mittetöötav), töövõimetuspensionär (mittetöötav)
Kodune, õpilane, töötu
Platvormitöö osakaal platvormitöötajate
netosissetulekus põhitegevuse järgi (%)?
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Joonis 21 Regulaarsete platvormitöötajate jaotumine isikliku netosissetuleku järgi kogu elanikkonnaga võrreldes
Platvormitöötajate põhitegevus
Regulaarselt (vähemalt kord nädalas) platvormitööd tegevate inimeste hulgas paistab
silma suur ettevõtjate (ka iseendale tööandjate) ja kontori- või teenindussektori
töötajate osakaal nende inimestega võrreldes, kes platvormitööd ei tee. Oskus- ja
lihttöölisi ning mittetöötavaid inimesi (pensionärid, kodused, töötud) on
platvormitöötajate hulgas vähem kui platvormitööd mitte tegevate inimeste hulgas.
7,9%
19,3%
16,4% 15,7%
9,3% 10,0%
6,4%
0,0%
5,0%
10,0%
15,0%
20,0%
25,0%
Kuni 400 eurot
401-700 eurot 701-1000 eurot
1001-1200 eurot
1201-1400 eurot
1401-2000 eurot
Üle 2000 euro
Sissetuleku võrdlus
Iganädalane Kogu valim
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Joonis 22 Platvormitöötajate põhitegevus
Tulude laekumine
Esmakordselt küsisime platvormitöötajatelt, millisele kontole laekuvad nende tulud.
Küsimuse mõte oli mõista, kui paljud platvormitöötajad tegutsevad ettevõtja vormis
ning mil määral on platvormitöötajate seas ettevõtluskonto kasutajaid. Suurem osa
regulaarsetest platvormitöötajatest märkis, et nende sissetulekud laekuvad isiklikule
pangakontole Eestis. See tähendab, et platvormitöötajad käsitlevad platvormitööd
juhutuluna. 8,2% märkis, et tulu laekub nende ettevõttega seotud kontole ning alla 5%
märkis, et platvormitöö tulu laekub kas ettevõtluskontole (2,1%), muule pangakontole,
muul viisil (2,3%) või välismaisele pangakontole (1,3%).
On märkimisväärne, et ligikaudu 25% ei osanud küsimusele vastata. See tähendab, et
platvormitöötajad ei pruugi teada, kuhu nende tulud laekuvad, või ei soovinud seda
informatsiooni avaldada.
0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0%
Ettevõtte juht, keskastme juht, üksikettevõtja, FIE
Spetsialist
Kontori- või teenindussektori töötaja
Oskus- või lihttööline
Pensionär (mittetöötav), töövõimetuspensionär (mittetöötav)
Kodune, õpilane, töötu
Platvormitöötajate põhitegevus
Ei tee platvormitööd Iganädalane platvormitöö
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Joonis 23. Konto, millele laekub digiplatvormidel teenitud tulu
näiteks poliitikakujunduses erinevaid gruppe eraldi käsitleda.
Platvormitöö vôiks tuua 68 miljonit maksutulu.
Kui kõik platvormitöötajad kasutaksid ettevõtluskontot, kes senimaani pole
kasutanud või pole olnud ettevõtjad või FIE-d, siis nende aastane tulu küündiks 340
miljoni euroni ja maksude summa 68 miljoni euroni.
Eeldatud on, et vähemalt korra aastas tegutsenud platvormitöötajaid on 20,2%
rahvastikust vanuses 18–64, mis vastab 161 000 inimesele. Nendest 88,1% ei
kasuta ettevõtluskontot või ei ole ettevõtjad ega FIE-d. Nende platvormitöö
keskmine kuine netotulu on 201 eurot, eeldatud on 20% maksumäära kohaldumist
(ettevõtluskontot kasutades kehtib maksumäär 20% tuludele, mis ei ületa 25 000
eurot aastas ning 40% seda summat ületavale tulule).
Koroonakriisi mõju platvormitööle
Koroonakriis on kaasa toonud turbulentsi tööturul ning seadnud paljud inimesed
ebakindlasse olukorda. Tavapärase töö kaotanud inimesed võivad hakata rohkem
platvormitööd tegema, et kompenseerida vähenenud töömahtu. Seepärast küsisime,
kas koroonakriisi algusest alates on platvormitöötajad tajunud platvormitöö töömahu
55,8%
25,7%
8,2%
4,5%
2,3%
2,1%
1,3%
0,0% 10,0% 20,0% 30,0% 40,0% 50,0% 60,0%
Isiklikule pangakontole Eestis
Ei oska öelda
Oma ettevõtte (AS, OÜ, FIE) pangakontole
Rahvusvahelise makseteenuse pakkuja (nt PayPal, Revolut) kontole
Muule kontole või muul viisil
Ettevõtluskontole
Välismaisele pangakontole
Kui Te teete digiplatvormi(de) vahendusel tööd, siis millisele
kontole peamiselt Teie teenitud tulud laekuvad?
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33
suurenemist. Platvormitöö suurenev osakaal võib viidata sellele, et inimesed otsivad
aktiivselt täiendavat lisasissetulekut.
Rohkem kui 60% platvormitöö tegijatest leiab, et platvormitöö maht on pärast
viiruskriisi algust tõusnud. 15% leidis, et platvormitöö maht on langenud.
Joonis 24 Koroonaviiruse kriisi tulem platvormitöötajate töökoormusele
Küsitlusele vastanutelt küsiti ka seda, kas nad on saanud töötukassa töötasuhüvitist
ajavahemikus märts – juuni 2020. 20% vastajatest oli hüvitist saanud ning 80% ei
olnud.
20,2%
40,6%
15,9%
6,7%
8,8%
7,9%
Platvormitöö maht pärast koroonakriisi algust
Oluliselt tõusnud Pigem tõusnud Samaks jäänud
Pigem langenud Oluliselt langenud EI OSKA ÖELDA
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Lisa 1. Vastajate profiil
Arv
Sugu Mees 1006 50,3%
Naine 994 49,7%
Vanus
18-24 218 10,9%
25-34 454 22,7%
35-44 462 23,1%
45-54 436 21,8%
55-64 430 21,5%
Rahvus Eestlane 1388 69,4%
Mitte-eestlane 612 30,6%
Haridus
Põhiharidus 284 14,2%
Keskharidus 1114 55,7%
Kõrgharidus 602 30,1%
Linn-maa Linn 1392 69,6%
Maa 608 30,4%
Linn-väikelinn-maa
Linn 1224 61,2%
Väikelinn 168 8,4%
Maa 608 30,4%
Regioon
Põhja-Eesti 928 46,4%
Lääne-Eesti 220 11,0%
Kesk-Eesti 178 8,9%
Kirde-Eesti 194 9,7%
Lõuna-Eesti 480 24,0%
Isiklik keskmine netosissetulek kuus
Kuni 400 eurot 177 8,8%
401-700 eurot 311 15,5%
701-1000 eurot 327 16,3%
1001-1200 eurot 273 13,7%
1201-1400 eurot 183 9,2%
1401-2000 eurot 255 12,7%
Üle 2000 euro 150 7,5%
EI OSKA ÖELDA 77 3,8%
KEELDUS VASTAMAST 248 12,4%
Põhitegevus
Ettevõtte juht, keskastmejuht, üksikettevõtja, FIE
266 13,3%
Spetsialist 466 23,3%
Kontori- või teenindussektori töötaja 400 20,0%
Oskus- või lihttööline 437 21,9%
Pensionär (mitte-töötav), töövõimetuspensionär (mitte-töötav)
78 3,9%
Kodune, õpilane, töötu 352 17,6%
Põhitegevus
Ettevõtte juht, keskastmejuht, üksikettevõtja, FIE
266 13,3%
Spetsialist 466 23,3%
Kontori- või teenindussektori töötaja/Oskus- või lihttööline
837 41,9%
Pensionär (mitte-töötav), töövõimetuspensionär (mitte-töötav)
78 3,9%
Kodune, õpilane, töötu 352 17,6%
Põhitegevus Töötav 1570 78,5%
Mitte-töötav 430 21,5%
KOKKU 2000 100,0%
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35
ei saa eelviimane leht (ehk dokumendi sisekaan) tühjaks jäädaendi sisekaanele jätta
tek.
T A L L I N N A Ü L I K O O L I R A H V U S V A H E L I S T E S O T S I A A L U U R I N G U T E K E S K U S
P L A T F O R M I S A T I O N
O F T A L L I N N ’ S T A X I
I N D U S T R Y : R E S U L T S
F R O M T H E P L U S
P R O J E C T
RASI toimetised nr. 13
Kairit Kall Triin Roosalu
Marge Unt Liis Ojamäe
November 2021
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
2
Rahvusvaheliste Sotsiaaluuringute Keskus (RASI) on Tallinna Ülikooli Ühiskonnateaduste
Instituudi sotsiaalteaduslik interdistsiplinaarne teadus- ja arenduskeskus, mis teostab
teadusprojekte. RASI teadurid on tegevad ekspertidena ühiskonnaelu analüüsimisel ja
kujundamisel. TLÜ RASI uurimisteemad hõlmavad ühiskondliku ebavõrdsuse (või ka
kihistumise) erinevaid tahke – sugu, rahvus, vanus, põlvkond, haridus, ametipositsioon. Viimastel
aastatel on hakatud suurt tähelepanu pöörama elukestva õppe problemaatikale kui eluteed
kujundavale ja sotsiaalset sidusust Eestis ning laiemalt kogu Euroopa Liidus tagavale tegurile.
Teine uuem temaatika osakonna uurimistöös on seotud aktiivse vananemise küsimustega.
This report is prepared as part of project Platform Labour in Urban Spaces (PLUS).
This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 822638.
The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
Kall, K., Roosalu, T., Unt, M., & Ojamäe, L. (2021). Platformisation of Tallinn’s taxi industry: Results from the PLUS Project. RASI toimetised nr 13. Tallinn: Tallinna Ülikool.
ISSN 2613-733X ISBN 978-9949-29-589-0 (pdf)
Kontaktandmed
Rahvusvaheliste sotsiaaluuringute keskus Uus-Sadama 5, 10120 Tallinn Koduleht: http://www.tlu.ee/rasi Telefon: 619 9860 E-post: [email protected]
RASI sotsiaalmeedias
Twitter https://twitter.com/rasi_iiss Facebook https://www.facebook.com/TLURASI/ The research team would like to express their gratitude to all of the interviewees and participants of various events of the PLUS project who have devoted their time to share their knowledge, ideas and experiences with us. We are also thankful to Johanna Vallistu for reviewing the earlier version of the report and providing us valuable comments and suggestions on how to improve it.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
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Contents
EXECUTIVE SUMMARY .................................................................................................................................................. 4
INTRODUCTION ................................................................................................................................................................ 9
METHODOLOGY ............................................................................................................................................................. 11
PART I: INSTITUTIONAL CONTEXT ....................................................................................................................... 16
1.1. Platformisation of the taxi industry: Competitive pressures and changing regulations
16
1.2. Working conditions, labour standards and collective mobilisation ..................................... 18
1.3. Employment status and tax compliance ........................................................................................... 20
1.4. Social protection ......................................................................................................................................... 23
1.5. Regulations ‘in becoming’ ....................................................................................................................... 26
1.6. City-level regulations for the taxi industry in Tallinn ................................................................. 28
1.7. Impact of the 2020 Covid-19 pandemic ............................................................................................ 29
PART II: PLATFORM WORKERS’ PERSPECTIVE ............................................................................................... 31
2.1 Labour process ............................................................................................................................................ 31
2.2 Skills ................................................................................................................................................................. 37
2.3 Social protection ......................................................................................................................................... 42
2.4 Perception of the impact of the pandemic ....................................................................................... 45
2.5 Alternatives to the current status quo ............................................................................................... 46
References ........................................................................................................................................................................ 48
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
4
EXECUTIVE SUMMARY
The executive summary highlights the main conclusions based on the empirical research
conducted in Tallinn between 2019 and 2021 for a European Union-funded project Platform Labour in Urban Spaces: Fairness, Welfare, Development (PLUS). The project aimed to map the
situation and changes in the platform economy in general and in the ride-hailing/taxi industry
and accommodation/hospitality sector in particular. The current summary focuses on the ride-
hailing/taxi industry in Tallinn. The comparative research conducted for the PLUS project
highlighted that Tallinn – when compared to the six European cities of Barcelona, Berlin, Bologna,
Lisbon, London and Paris – stands out as the least regulated when it comes to platform work
(Altenried et al., 2021). Our current analysis sheds light on the reasons behind this, and also
shows how this impacts the livelihoods of platform labour.
Several analyses that open up the Estonian context of the platform economy are available, for
example, by focusing on the “sharing economy” in particular or on the future of work more
generally, especially those written from the legal/macroeconomic point of view (e.g., Eljas-Taal
et al., 2016; Erikson & Rosin, 2018; Holts, 2018; Vallistu et al., 2017; Vallistu, 2018a).
Furthermore, a few survey-based quantitative reports that depict and analyse the group of
platform workers also exist (Huws et al., 2019; Vallistu & Piirits, 2021). Our analysis, however,
focuses on the different perspectives of both stakeholders and workers in the platform economy
and platform taxi driving. By studying the topics of working conditions, social security, and skills,
we aim to understand what it is like to work for a platform in a loosely regulated market situation,
including how people can experience it differently depending on their position, worldview and
identity.
The focus on studying working conditions, skills and social security derives from the fact that
these are the aspects that platform work has had a considerable impact on. The logic of how (lean)
platforms operate regarding their workers directly aims to change the traditional functioning of
the employee-employer relationship; platform workers themselves are responsible for making
sure they are earning a living wage, providing themselves social security coverage, and making
sure they are competent enough to safely provide the services. However, thus far, not much
research on these aspects has been conducted in Estonia, and the current analysis aims to address
this gap.
By studying these issues, we also aim to contribute to several ongoing policy debates both at the
national and European level. As platform work poses considerable challenges to the European
Pillar of Social Rights (European Commission, 2021a; Kampouri & Walsh, 2021) – a guiding
document promoting decent working conditions – the European Union has started to propose
policy initiatives for bringing platform work in line with it. Most importantly, in February 2021,
the European Commission launched a consultation process with European social partners on the
issues of improving the working conditions and social protection of platform workers (European
Commission, 2021b). This process will end in a possible legislative instrument that might become
applicable to the national labour markets as well. Therefore, it is important to understand the
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
5
current functioning of platform-based work and both the positive and negative sides it might pose
to actors involved in it.
The empirical research our results are based on includes secondary literature, available statistics,
expert interviews conducted between 2019 and 2021 (both individual and focus groups with
researchers, policymakers, enforcement agents, labour representatives, taxi company
representatives). This has helped us map the institutional setting influencing the ride-hailing/taxi
industry. In addition, we highlight the perspectives of platform workers, more precisely that of
platform taxi drivers, with whom we conducted individual in-depth interviews and one focus
group interview. The topics discussed included working conditions and labour processes, their
social security situation and what kinds of skills are necessary for this line of work and how
platform taxi driving impacts skill development. The individual interviews (15) were conducted
between November 2019 and March 2020, thus before the Covid-19 pandemic became
prominent. To gain an understanding of workers’ experiences during the pandemic, we also
concluded a focus group interview on 6 November 2020. It comprised four participants,
representing 2 types of platforms (namely Uber/Bolt and Airbnb).
Platforms entered Tallinn’s taxi industry in the mid-2010s, with the Estonian Taxify (now Bolt)
leading the way in 2013, followed by Uber in 2015. Initially, “ride-sharing” as a service was not
regulated and thus providing it was much more cost-efficient than providing regular taxi services
(where licences etc. were mandatory). Although taxi companies started using applications in
providing their services already before Uber and Bolt entered the market, the latter players have
been more successful in gaining market share, and also developing other app-based services like
food delivery. Taxi platforms started by engaging in price-dumping, providing services with lower
prices than traditional taxi companies, leading to the lowering of prices, as well as remuneration
for providing taxi services, on the one hand, and making the taxi service more
attractive/affordable to new customer groups, thus expanding the market (until the Covid-19
pandemic), on the other.
De-regulation of the taxi industry due to the inclusion of ride-hailing as a taxi service at the end
of 2017 has also had a considerable impact on the sector, including lowering the barriers to
becoming a taxi driver and also causing a de-professionalisation of the job. On the other hand,
there are still some regulations that are applicable to traditional taxis, but not platform-based
taxis, and control activities are difficult if not impossible to conduct on platform taxis. This, in
effect, caused unfair competition and made the sector also more insecure and prone to a grey
economy.
Important impacts of the platformisation of the industry on the working lives of platform taxi
drivers include the following. First, although the traditional taxi sector has relied mostly on (false)
self-employment (own-account workers) when hiring taxi drivers (e.g. taxi services are provided
via a one-person company who signs a contract with a larger one), and companies do not provide
employment contracts to drivers, platforms introduced a new practice that made the situation
more precarious: working as a natural person without any kind of contract with the platform.
Therefore, platform taxi drivers are totally responsible for covering their own taxes and social
security payments. This can lead to tax avoidance and a lack of social security. Second, operating
under (non-transparent) algorithmic management (often for multiple apps simultaneously) has
its own specific qualities. Although arguably you should be your own boss, in practice you have
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
6
to conform to platform standards (that drivers have no say over), otherwise you might even get
blocked by the algorithm without due process. In addition, your flexibility as a driver is limited
by existing bonus systems and available clients.
Unlike many other European cities, collective organization against platforms has been relatively
modest and no worker cooperatives/ community-owned platforms exist. The reasons why
collective mobilisation seems unfruitful to the interviewees relate to the huge pool of available
drivers, general (perceived) weakness of trade unions in Estonia, and the possibility of being
blocked by the app if drivers “act out”. Generally, it seems that both individual and collective
agency is constrained by the (perceived) control the taxi-apps exercise over the drivers. The
pandemic seems to have made these tendencies even more intense, as competition among drivers
has increased.
How the current situation is perceived by different actors, including platform taxi drivers,
however, is rather multifaceted – depending, for example, on the reason this line of work is chosen
(or was there really a choice), if it is the main income source or an additional one, and what kind
of values/identity the person has. Regarding important differences, we encountered both drivers
who considered taxi apps to be de facto employers (who should be given more responsibility) on
the one hand, and those who saw platforms as the ultimate expression of the free market, and
thought the situation should be even less regulated.
However, in general, Estonian society tends to be techno-optimistic and have trust in the free market (e.g., European citizen’s …, 2021; Lanamäki & Tuvikene, 2021), and this was also the case
with our interviewees. Peoples' work and life in general are becoming more and more intertwined
with technology, and Estonia has the image of being technologically progressive, especially in the
fields of information technology and e-services. Innovative technological solutions and related
know-how developed here are acknowledged and sometimes exported worldwide, but the
aforementioned image is even more shared and popular inside the country. The discourse of
Estonia being a “little but smart country” is frequently used by local politicians, entrepreneurs,
educational institutions and the media. Therefore, it has become the basis and explanation for
several political decisions – including the deregulation of the taxi industry – and functions sort of
as a narrative for national identity.
That in turn could partly explain why some interviewees warmly welcome and praise Uber, Bolt
and others, and emphasise the possibilities these platforms offer them. In addition, trust and a
belief that platforms know better seems to be connected with these tendencies. Those who have
a more negative attitude towards platforms, nevertheless, display a prevailing acquiescence; in
other words, a feeling that there is nothing much to do and the only way is to accept the
technological changes and algorithmic control in one's life. Although some interviewees
perceived the management strategies of the platform to be somewhat constraining and to
generate precariousness, most of them mentioned that this kind of work offers them freedom.
That fact can also be connected with local mentalities. Namely, after gaining re-independence
from the Soviet Union, Estonia has firmly chosen the road of a liberal market economy. This
course is vividly expressed in a slogan “return to the West” which affirms Estonia's wish to
dissociate itself from anything considered socialist or overtly left-wing (Helemäe & Saar, 2015;
Lauristin, 2003). Therefore, the idea of the free market and the aspect of individual choice is seen
in a particularly positive light. As the interviews indicate, being able to be, so to speak, your own
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
7
boss (switch application on or off whenever one pleases) is felt to go inevitably hand in hand with
deregulation; that is, keeping the government from intervening in the platform business models.
Furthermore, although platforms like Uber and Bolt collect huge amounts of data from drivers and
riders (to use as competitive advantage in the services market, but also for building alternative
services and infrastructure), in Estonia this is not really problematized either by experts or the
drivers themselves. Nevertheless, in Europe and elsewhere at the academic, activist and policy
levels, multiple issues regarding data collection, especially privacy concerns, but also
concentration of capital and monopolisation of certain services, have been highlighted (see, e.g.,
Booth, 2020; Monahan, 2020; Srnicek, 2017; Zhao et al., 2019).
In conclusion, taxi platforms have had a considerable impact on the industry and on the
profession of taxi drivers, including lowering service prices (as well as remuneration for
providing the taxi service), setting in motion the deregulation of the industry and causing a de-
professionalization and loss of job security. These tendencies, however, have been generally
accepted or even celebrated in Estonian society, without much resistance and elaboration on the
possible negative side-effects these developments can entail for the workers. Besides revealing
Estonia's contextual forces and local discourses, the interviews show us their negative impact. On
several occasions, the same interviewees who expressed sympathy towards the freedom that
platforms give them, also spoke about – in addition to the already mentioned aspects like the
feeling of being controlled by the app and additional precariousness – low wages and the lack of
social guarantees. Therefore, unregulated technological and entrepreneurial ambition leave their
mark on workers' well-being rather directly. At the same time, the popularity of such ambition
often inhibits workers to recognize that. Hence, it is clear that Estonia's overall (neo)liberal and
techno-optimistic mentality provides workers with narrative resources (Gubrium & Holstein,
2008); that is, topics and ways of talking and thinking that are presumed to be legitimate and
appropriate when discussing and framing the situation they find themselves in. Instead of
drawing connections between the negative side of their working conditions and the dominant
economic ideas, many interviewees saw these two as separate things and talked positively about
the latter.
Negative aspects that need to be tackled by a platform taxi driver daily can be divided into three
types: those related to coping with the poor image of an app-driver (one needs to do identity work
to overcome this); those related to coping with high-intensity competition and low prices; and
those related to coping with regular inherent dangers in this kind of job (danger from traffic,
customers, or greedy apps, is dealt with by being calm, patient, using good self-control, and,
ultimately, by turning down offers). Therefore, the drivers do not encourage seeing this as “easy
money” – it can be precarious, dangerous, there is a risk of overwork, and there are problems
with clients. Once a driver can deal with the challenges, among the positive aspects there is the
possibility to work in a field that has always been of interest; to work a schedule that is most
suitable; to prove yourself as an entrepreneur; to meet interesting people; and a chance to “get
lucky” (e.g. to find a (real) job). For some, the negative effects of taxi-apps are stronger than the
positive, and they search for a professional full-time job so they can quit. However, no one, even
among the most optimistic, sees the app as leading to a career path, and it is rather portrayed as
a dead-end job that does not contribute to their professional CV in positive ways. At the same
time, it is difficult to find a professional job while driving, but the skills and degrees may lose their
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
8
competitive advantage during this period. There is also uncertainty related to the present day and
the ability to cope with uncertainty thus is very important.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
9
INTRODUCTION
The impact of digital platforms and the accompanying platformisation of parts of the economy
are increasingly important topics for understanding current developments in capitalism,
including how these influence the working lives of a growing number of people. Although
terminological ambiguity exists, at the general level digital/online platforms can be defined as
“digital infrastructure that enable two or more groups to interact”, bringing together different
users, like service providers and customers (Srnicek, 2017, p. 43). The current report focuses on
a specific type of digital platforms, namely lean platforms: platforms that own software and data
analytics, but have outsourced other aspects of their business: workers, fixed assets, training etc.
(Srnicek, 2017). In the case of Uber and Bolt, for example, workers (i.e. drivers) are themselves
responsible for their employment, training, social security and working conditions.
Platform work1 can be defined as “the matching of the supply of and demand for paid work
through an online platform”. We will focus on the more specific type of work, namely on-location
(as opposed to online) platform work that is delivered in person (Eurofound, 2018, p. 1), as
driving the taxi via the platform would fall under this category. Sometimes it is also referred to as
ride-sharing (and the platform economy as the sharing economy), but as market relations
dominate and not all drivers actually use their own car, but rather rent one, the “sharing” aspect
seems not to be the central element for this line of work, and can be misleading. Furthermore,
taxi platforms exercise quite a lot of control over their drivers (Maffie, 2020). Therefore, we
prefer to use the term ride-hailing, or indicate that a person is driving a platform taxi.
Several analyses are available that open up the Estonian platform economy context by focusing
on the “sharing economy” in particular or on the future of work more generally, especially those
written from the legal/macroeconomic point of view (e.g., Eljas-Taal et al., 2016; Erikson & Rosin,
2018; Holts, 2018; Vallistu et al., 2017; Vallistu, 2018a). Furthermore, a few survey-based
quantitative reports that depict and analyse the group of platform workers also exist (Huws et
al., 2019; Vallistu & Piirits, 2021). Our analysis, however, focuses on the different perspectives of
both stakeholders and workers in the platform economy (specifically platform taxi driving). By
studying the topics of working conditions, social security and skills, we aim to understand what it is like to work for a platform in a loosely regulated market situation, including how people can
experience it differently depending on their position, worldview and identity.
The focus on studying working conditions, skills and social security derives from the fact that
these are the aspects that platform work has had a considerable impact on. The logic of how (lean)
platforms operate regarding their workers directly aims to change the traditional functioning of
the employee-employer relationship; platform workers themselves are responsible for making
sure they are earning a living wage, providing themselves social security coverage, and making
sure they are competent enough to safely provide the services. However, thus far, not much
research on these aspects has been conducted in Estonia and the current analysis aims to address
this gap.
1 Sometimes also called work in the sharing economy, gig work, crowd work or on-demand work.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
10
By studying these issues, we aim also to contribute to several ongoing policy debates both at the
national and European level. As platform work poses considerable challenges to the European
Pillar of Social Rights (European Commission, 2021a; Kampouri & Walsh, 2021) – a guiding
document promoting decent working conditions – the European Union has started to propose
policy initiatives for bringing platform work in line with it. Most importantly, in February 2021,
the European Commission launched a consultation process with European social partners on the
issues of improving the working conditions and social protection of platform workers (European
Commission, 2021b). This process will end in a possible legislative instrument that might also
become applicable to the national labour markets. Therefore, it is important to understand the
current functioning of platform-based work and both the positive and negative sides it might pose
for the actors involved in it.
The first part of the report is dedicated to the institutional setting that influences the ride-
hailing/taxi industry. It is based on secondary literature, available statistics and expert interviews
conducted in 2019 with key stakeholders, including experts in the field of social security, taxation,
public transport, and platform work in general. In the later stage of the project we also conducted
two group interviews (one in November 2020 focusing on platform work in general and the other
in March 2021 focusing on the taxi industry) with different stakeholders (researchers,
policymakers, enforcement agents, labour representatives, taxi company representatives) to
further elaborate the developments in the field, including discuss how the Covid-19 pandemic has
affected the situation of platform work and workers, and elaborate on possible policy changes
that might be necessary to enhance the situation of platform workers.
The second part of the report is devoted to the perspectives of platform workers, more precisely
that of platform taxi drivers. Although we specifically targeted Uber drivers, they mostly also used
other taxi applications (especially Bolt) for providing their services, making their experiences
with taxi platforms wider than just Uber. The main topics that were covered during the interviews
were related to working conditions and labour process, social security and skills. The fifteen
individual interviews were conducted between November 2019 and March 2020, thus before the
Covid-19 pandemic became prominent. To gain an understanding of workers’ experiences during
the pandemic, we also concluded a focus group interview on 6 November 2020.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
11
METHODOLOGY
This report is based on empirical research conducted in Tallinn between 2019 and 2021 for a
European Union-funded project Platform Labour in Urban Spaces: Fairness, Welfare, Development (PLUS). The project aimed to map the situation and changes in the platform economy in general
and in the ride-hailing/taxi industry and accommodation/hospitality sector in particular. The
current report focuses on the ride-hailing/taxi industry in Tallinn.
The first part of the report is dedicated to the institutional setting that influences the ride-
hailing/taxi industry. It is based on secondary literature and available statistics – including
publicly available state administrative statistics, survey data, newspaper articles, research
reports/articles, legislation (acts), and homepages of some relevant companies/organisations.
Furthermore, we conducted five semi-structured face-to-face and three e-mail interviews
(conducted between 2019 and 2021) with key stakeholders, including experts in the field of social
security, taxation, public transport, labour rights and platform work in general. The main aim of
expert interviews was to elaborate on the role and impact of platforms. The face-to-face
interviews lasted between 25 to 60 minutes. In the later stage of the project, we also conducted
two group interviews – one in November 2020 focusing on platform work in general and the other
in March 2021 focusing on the taxi industry in particular – with different stakeholders
(researchers, policy makers, enforcement agents, labour representatives, taxi company
representatives). These lasted 87 and 107 minutes respectively, and aimed to further elaborate
on the developments in the field, including how the Covid-19 pandemic has affected platform
work and workers, and to elaborate on possible policy changes that might be necessary to
enhance the situation for platform workers.
The second part of the report is devoted to the perspectives of platform workers, more precisely
that of platform taxi drivers. Although due to project specifics we targeted Uber drivers, they
mostly also used other taxi applications (especially Bolt) for providing their services, making
their experience with taxi platforms wider than just Uber. The main topics that were covered
during the interviews were related to working conditions and labour processes, social security
and skills. The individual interviews (15) were conducted between November 2019 and March
2020, thus before the Covid-19 pandemic became prominent. To gain an understanding of
workers’ experiences during the pandemic, we also concluded a focus group interview on
6 November 2020. It comprised four participants, representing 2 types of platforms (namely
Uber/Bolt and Airbnb). All participants had experienced platform work during pre-pandemic
times as well as during the pandemic.
Individual in-depth interviews with platform taxi drivers
To find Uber drivers who would be willing to give an interview, a variety of strategies were
employed. There was an attempt at convenience sampling, when two of our team members rode
with Uber and recruited four people this way – this strategy seemed to be rather difficult, as many
declined to be interviewed. In addition, access was sought through institutional settings, as we
posted a call for participation in two of the Uber drivers’ Facebook groups (one group is in English
and one in Estonian) and also advertised during a few classes at Tallinn University – this strategy
brought us eight interviewees. Finally, a snowballing design was applied, as we also used personal
contacts and recruited two acquaintances through this method. One of the interviewees was
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
12
found by asking relevant contacts from another interviewee. There were also a few cancellations;
these occurred with people we found via riding with Uber, and their excuse was not having
enough time (even when they initially agreed to be interviewed). This indicates that our sample
might be inclined toward the group of drivers who were not struggling the hardest to make ends
meet.
Our aim was to have as varied a sample as possible at least regarding age, gender, nationality
(mother tongue), educational level, experience driving a traditional taxi and work situation.
While considering some of these characteristics (age, experience driving a traditional taxi and
work situation), the final pool of interviewees was indeed rather diverse, men (13 out of 15),
people with higher education (10 out of 15) and Estonians (whose mother tongue is also
Estonian, 11 out of 15) were clearly over-represented (see Table 1).
Table 1: Characteristics of the interviewed Uber drivers Number of interviewees Sex Male 13 Female 2 Age group Below 30 5 30–50 7 Over 50 3 Nationality/majority/ minority
Estonian 11 Estonian-Russian 2 New immigrants 2
Education level Secondary 5 Higher 10 Monthly working hours on all platforms
Up to 40 2 40–100 4 More than 100 9
Main source of income Uber 1 Regular employment 5 Multiple taxi platforms 5 Own company (not taxi) 3 Pension/scholarship/other allowances 1
Basis for social security Platform labour 1 Other 12 None 2*
Source: own calculations Note: * One person was not clear about their social security status. They mentioned that they pay only income tax from Uber-earnings, but sometimes they also pay wages through their own company to provide health insurance (but not pension insurance).
The age ranged from 24–66 years and some of the interviewees had previously driven traditional
taxis, some still did that as well, and some had no experience of it. There were no respondents for
whom Uber was the only source of income, most of them combined Uber with other taxi platforms.
In Tallinn working only for Uber does not seem to be a viable strategy, as Uber does not have a
lot of work to provide. Some interviewees were also employed outside the taxi industry, using
Uber as an additional income source. The number of hours worked for Uber also ranged
considerably (from 3 to 70 per week), but not all could make a clear separation between working
for Uber and for other platforms, as when multi-apping, people often have several applications
open in parallel while waiting for clients and the amount worked for one or the other app changed
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
13
from week to week, depending on several external factors, such as seasonality, but also the agency
of the drivers choosing the platform based on available bonus systems. As the Uber sample was
quite diverse, we were able to gain insight into different reasons people had for doing this line of
work, understand varying experiences with the app and clients, and gain insight into the different
expectations workers can have towards platforms.
Our sample shows the diversity of the population of the drivers: there are those from the generally
most privileged socio-demographic group – male, with Estonian as their first language – but there
are also women drivers, those from an ethnic minority with Estonian as their second language,
and recent immigrants. Migrants mostly claimed to be occupied with other apps, less with Uber
as entry barriers are higher with Uber. The ages of the drivers we interviewed vary from 24 to 66
years, but with some gaps in certain decades: six are in the age group 24–31, seven in the age
group of 40–51, and two beyond 60. This seems to be an important differentiator of what the
driver’s motivation for driving is, but not that much when their experience as a whole is
concerned.
We can assume that the self-selection of the study made it more likely that nearly all the study
participants are from the dominant social group (men, Estonian speakers) who might have been
a more advantaged group among drivers as they could afford the time to be interviewed and were
more reflective towards the platformisation of the taxi industry. We succeeded in interviewing
Estonian-Russians and new immigrants, but it is possible that we still missed enough interviews
to cover the whole spectrum of different social groups, especially those who do not speak either
Estonian, Russian or English.
The women in our sample did not report many gender-specific difficulties, such as harassment,
but this may come from a background of low expectations – as one of the women drivers put it,
she often gets asked if it is safe for women to drive a taxi, but she feels that Uber clients are
generally decent and very rarely have there been some unpleasant situations and she is not worried. This means that she has had some unpleasant situations, and this may explain why in
general women are relatively underrepresented in the less-regulated ride-hailing business: there
is the expectancy that this is less safe for them, and also there are some occasions that may make
those who consider this too worried to continue. The other just stated that she does not feel more
threatened by the clients because she is a woman, alluding that this business is inherently
somewhat more dangerous. It is maybe important to point out here that both of the female drivers
in our sample belong to the medium age group, so they may already have varied experience with
the matter and have been able to prepare their own strategies to respond or prevent these. On
the other hand, their primary socialisation as well as socialisation into work contexts took place
in the pre-me-too era and perhaps their cultural capital allows this risk to be seen as irrelevant.
Those with recent migration background in our sample were from third countries and were of
visible minority. Our interviewees were not refugees or labour migrants but rather engaged in
ride-hailing as a side activity parallel to their graduate studies. Still, they confirmed they had
witnessed racially motivated insults addressing them and had even experienced violence.
All interviewees were able to choose the place and time that suited them for having the interview.
Most of the interviews took place at the premises of Tallinn University. The rooms used for the
interviews were spacious and quiet with no distractions, thereby creating a comfortable and
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
14
trusting atmosphere. One of the Uber interviews, however, took place at a café chosen by the
respondent. This proved to be a more difficult environment because of the noise and surrounding
people. However, the interviewee seemed to be comfortable enough and the recording quality
was good. During the interview session, interviewees were offered refreshments and, as a thank-
you, a gift card to the value of €20 was given after the interview. This also helped to make the
interview more appealing and compensate them for their time. Generally, the interview situation
was rather relaxed, and people seemed to be willing to discuss their experiences and opinions
quite openly.
The length of the interviews varied between 48 to 119 minutes. A few of the Uber respondents
seemed to be in a hurry during the interview (one had parked their car for only an hour, and a
few said they had to hurry back to work). Some interviews, where respondents expressed
dissatisfaction with their work situation, were mentally rather difficult for the interviewers. In a
few cases, it also seemed that the interviewees were satisfied that finally someone is asking their
opinion about platform work and related issues. The most uncomfortable topics for the
interviewer (and sometimes it seemed also for interviewee) were topics related to family and
social activism outside the taxi industry, as these seemed to be out of the main focus and thus too
personal, whereas participants expected the interview to be about work-related matters. Some
respondents were also vague regarding paying taxes, and that might be related to a lack of
knowledge about tax issues, of them not being sure of the legality of their tax situation, or that
they were engaged in semi-legal tax practices.
Focus group interview
An invitation to join the focus group was circulated amongst all Uber drivers who were previously
interviewed. During the period preceding the interviews, the Estonian situation with Covid-19
still meant it was possible to organise face-to-face meetings, so the decision was made to use that
opportunity. Having a face-to-face interview proved to be the right choice in terms of active
engagement and positive group dynamics. However, as society experienced an increase in Covid-
19 numbers during the days preceding the focus group session, there were some cancellations
before the interview. Finally, the group consisted of 4 participants (3 Uber and 1 Airbnb), all the
Uber drivers were also interviewed earlier, the Airbnb host was a new participant in the project.
The interview was conducted within the premises of the university, with the moderation of the
PLUS team members. The duration of the interview was 1 hour and 30 minutes.
The focus group guidelines were constructed with the aim of introducing the participants to the
first results of the analysis of the interviews conducted in Tallinn, and to ask for additional
reflections, comments and further experiences related to the topics. Some slides with the main
results were prepared and presented to the participants as a stimulus for the discussion. After a
short overview of the PLUS project aims and activities so far, the interviewees were provided
with the initial research results for the key issues of the labour process and social protection for
both platforms; the discussion on skills was postponed for the following training session. Time
was also allocated to discuss Covid-19 period experiences. Since the group composition was
dominated by Uber drivers, the focus group produced somewhat more information about Uber,
especially for Covid-19 influences.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
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Analysis of the interviews
All interviews were recorded with the permission of the respondent and all interviewees signed
an informed consent form that was introduced to them before the interview. There was no
notable concern about the fact that interviews were recorded or about how the collected data are
going to be used. The interviews were verbatim transcribed by a trusted subcontractor.
The analysis followed the principles of thematic analysis. The structure of the interview guide
divided the discussion into three broad topics, namely labour process, skills, and social protection
but we allowed people to freely reflect their perceptions and topics related to platform work
important to them. The analytical summaries were compiled on all interviews, following the main
research questions and aims of the PLUS project as the central themes. We applied the inductive
approach keeping an open eye for unexpected topics, aspects and nuances from the interviews.
Then, based on the analytical summaries as well as the interviews as raw data, the central themes
found in the material were developed and structured into the report. The analytical findings in
the report are supported by direct quotations from the interviews.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
16
PART I: INSTITUTIONAL CONTEXT
1.1. Platformisation of the taxi industry: Competitive pressures and changing
regulations
Digital platforms entered Tallinn’s taxi industry in the mid-2010s, with the Estonian Taxify (now
Bolt) leading the way as it started providing ride-hailing services in 2013, followed by Uber in
2015. Beyond these, other apps used in Tallinn to order taxis include Taxigo, Taxofon and
Yandex.taxi, and the city is well covered by a more traditional taxi service network with more
than 30 taxi companies offering services, which means the competition in the sector is rather
fierce. In 2017, Taxify (now Bolt, the most popular taxi platform in Estonia) had the second
biggest revenue (€2,619,703) among taxi companies in Estonia, Uber’s was 533,426 euros
(Kranich, 2018). Taxi platforms are widely used by the general population. According to a survey
by Statistics Estonia in 2018, 25% of all internet users (aged 16–74) reported that they have ‘used
any website or app to arrange a transport service from another individual’. The percentage is
higher among younger age groups, especially concerning ride-hailing (Statistics Estonia, 2021).
Another survey conducted in 2018 indicates that in Tallinn, out of those who have used taxi
services within the previous six months, 75% have used Taxify, 35% Uber and 31% Yandex.taxi
(Kantar Emor, 2018).
A clear direction in Tallinn’s taxi business has been the platformisation of services in general, as
the use of applications through which clients can order a taxi (in parallel to calling on the phone)
started happening already before platforms like Bolt and Uber came onto the market. However,
no other taxi app has experienced the success that platforms like Uber and Bolt have, who have
also started developing an app-based infrastructure for other, related services like food delivery,
which requires considerable investment that traditional taxi companies are lacking: ‘/…/ companies like Uber and Bolt have a huge advantage because they have the possibility to lose billions [to develop something] without any hassle. We do not.’ (Tallinn taxi industry focus group,
March 2021). Similarly, taxi platforms started providing services with considerably lower prices
than traditional taxi companies (possibly to build their client base and secure their market
position), leading to a downward spiral in service prices, as well as remuneration for providing
taxi services.
Deregulation of the taxi industry
In several European countries (e.g. Germany, Portugal), specific regulations for providing taxi
services via platforms have been established, such as the necessity to have some kind of
(alternative) employment arrangement or status (Kampouri & Walsh, 2021). Usually, this has
happened in relation to the collective mobilisation of platform workers, including workers taking
matters to court. In Estonia, the taxi industry is the only sector that has been re-regulated due to
the impact of platform work. Although the taxi industry in Tallinn was already relatively lightly
regulated before platforms entered the market, their entrance still brought along further
deregulation at the national level, related to the amendments to the Public Transport Act (Riigi
Teataja, 2021a) applicable since the end of 2017.
The Act unified most requirements for traditional and platform-based taxis, loosening them for
traditional taxis. For example, language and training requirements specifically applicable to taxi
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
17
drivers were eliminated. Before platform taxis entered the market, taxi driving was considered a
regulated profession requiring specific knowledge and skills. In 2016, the requirements were
described by interviewed taxi company representatives as involving compulsory training and
obtaining a qualification certificate, but also a service provider card and licence to provide a taxi
service (Võsoberg, 2016). State mandated driving schools were regularly providing additional
vocational education and training courses for taxi drivers. Such dedicated courses lasted around
35 hours and usually included insights to a number of relevant fields.
In the beginning, Uber and other taxi platforms did not fall under any regulations, but since the
amendments to the Public Transport Act, their drivers have to apply for a service provider card
and a vehicle card granted by the city government following the same (now simplified) procedure
as traditional taxi drivers. Although the amendments to the Public Transport Act unified most
requirements for traditional and platform-based taxis, there are still some distinctions. Platform
taxis do not have to have a taximeter, printer, printed price list, or an illuminated sign.2
Furthermore, local municipalities can set local rules that can only be extended to traditional taxis
(currently local governments cannot do that for platform taxis), including maximum prices for
rides and the requirement to have less-polluting cars (Riigi Teataja, 2021b). These distinctions
still create quite a lot of inequality between traditional versus platform taxis. For example,
traditional taxis are not allowed to use dynamic pricing (where price depends on demand and
can get quite high during peak periods) and platforms can, and some local municipalities (e.g.
Tallinn) have set the upper price limit for taxis with taximeters. Furthermore, it is more difficult
to monitor whether platform taxis follow the rules compared to traditional taxis (Tallinn taxi
industry focus group, March 2021). These differences put traditional taxi companies in a
disadvantageous position compared to platform taxis.
Currently, regular taxi companies advertise the driver’s position to those who have at least 3
years of driving experience; fluency in the Estonian language and a working knowledge of
Russian, Finnish and English; and agree to provide a formal, polite, customer friendly service (e.g.
Tulika Takso, 2021). The relevance of languages might deserve a special mention here: the Public
Transport Act (Riigi Teataja, 2021a) does not mention the need for any language skills in order
to obtain the right to operate a taxi, and neither do local level regulations in Tallinn. However,
according to the Estonian Language Act (2011) drivers of public transport vehicles are required
to demonstrate knowledge of Estonian at the level B1, and as taxis are among public transport,
this should apply to them. The Public Transport Act only sets requirements for good reputation,
as defined by the absence of a poor track record or criminal record, and attaining of driving
license. It appears then that by law, the one main requirement for drivers in general, as well as
for taxi drivers and for ride sharers is a driver’s licence.
Related to the changes in the law, an important development is the specific taxi insurance
introduced by insurance companies after vehicle cards (mandatory for taxi drivers) became
publicly available. Although insurance companies previously also wanted to know if the vehicle
is used as a taxi, the insurance premium did not differ much. Currently, the difference is huge, as
2 Public Transport Act: (2) Where the illuminated taxi sign has been installed on the vehicle and the name of the carrier
or the carrier’s trade mark enjoying protection for the purposes of § 5 of the Trade Marks Act or the trade mark granted
use of to the carrier under a contract is visible on the outer right side of the vehicle, the passenger may be serviced
from a taxi stop and the lane designated for public transport may be used upon provision of taxi services.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
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a taxi company representative explains: “…in extreme cases the car insurance payment for taxis
can be 100 times higher” (Tallinn taxi industry focus group, March 2021). This is also an aspect
that might push some drivers into the grey economy.
It was highlighted by the taxi industry focus group participants throughout the interview that the
discrepancy between quite extensive control exercised over traditional taxi companies versus
lack of control over platform taxis is the crucial issue that makes the situation in the industry so
unfair (Tallinn taxi industry focus group, March 2021). A recent decision by the Supreme Court
of Estonia (Riigikohus, 2021) stated that the Public Transport Act does not provide the possibility
for authorities to order a taxi via a mobile app in order to monitor the driver (e.g. to see if their
licences are in order). The court concluded that the current legislation does not provide any
possibility to effectively monitor platform taxi drivers (see more from section 1.6 regarding the
situation in Tallinn).
Another recent court decision (in the court of first instance) that might have an impact on the
industry concerns Bolt. A person who ordered a taxi via the Bolt application got into an accident
and received minor injuries. They sued Bolt as Bolt was the company who owned the licence to
provide the taxi service that was related to the driver’s service provider’s card. The court ordered
Bolt to pay damages (ERR, 2021a). The taxi company representative present in the focus group
felt that the decision was unfair and taxi companies should not be responsible for their drivers'
accidents. The representative was worried that this decision might put pressure on taxi
companies to insure drivers against such lawsuits, but taxi companies do not have the finances
for that (Tallinn taxi industry focus group, March 2021). As Bolt and the plaintiff reached a
compromise, the decision did not enter into force (Riispapp, 2021).
1.2. Working conditions, labour standards and collective mobilisation
Next, we will highlight how the platformisation of the taxi industry relates to the changing
working conditions – income, training, working time, safety at work and autonomy – for taxi
drivers.3 Second, we will elaborate what kind of collective reactions taxi drivers have had to the
changes in the business.
Our research suggests that as platform taxis entered the taxi business, the income of taxi drivers
has stagnated compared to the rest of the economy. The market, however, has expanded (until
Covid-19 hit), as new customer groups started using taxi services. Generally, the Estonian taxi
industry has been and is a low-income industry, so much, indeed, that according to one taxi
company representative (Tallinn taxi industry focus group, March 2021) it is not even possible
to get decent compensation for your work if you declare all your income and pay taxes from that:
accordingly, tax avoidance is written into the business model (not only regarding platforms, but
traditional taxis as well). The constant supply of new drivers enhances the situation. What is also
related to the entrance of platform taxis is that taxi drivers have started using multiple taxi
companies and platforms simultaneously and, according to a representative of a taxi company,
usually this is not restricted by the taxi companies (although some have non-competition clauses
3 Little is known about the actual number of workers taxi platforms have, or how much, on average, they work, earn
and so on, as platforms do not share this information with public /state authorities.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
19
with their drivers). This also raises the question of which taxi company can be held responsible
for this driver’s licences, security etc.
Taxi driver occupation has also changed in the sense of de-professionalization. A representative
of a taxi company argued that very few taxi companies train their drivers at all (training was
mandatory before the changes to the Public Transport Act, and now it is voluntary, see previous
section). On the one hand, as an expert from the Tallinn Transport Department we interviewed
in 2019 argued, ride-hailing introduced new and better taxi standards for customers. Service has
become more comfortable, simple and accessible. There is more competition, so taxi companies
try harder. He concluded that “I do not see any negative aspects related to ridesharing. People [=clients] win.” (TA-EX-4, 2019). However, the impact of platforms may have been in two
directions: first the quality of the service indeed increased, as new drivers and more competition
came onto the market. But when Bolt started dominating the market (as it does now), it started
to decrease, reaching maybe even worse levels than before. Now “the situation is so that no self- respecting person will choose to drive a taxi. You go drive a taxi under Bolt when you are in trouble.” (Tallinn taxi industry focus group, March 2021). The diversity of drivers has also
increased. According to one representative of a taxi company, Bolt’s dominance is clear and other
taxi companies have had to considerably decrease the number of taxis they operate and the taxi
drivers they have.
The high level of flexibility and autonomy are the main issues that are emphasised in relation to
the essence of platform work – be it in the media, by the experts we have interviewed during the
PLUS project or by the workers themselves. Combining platform work with other
work/study/private life obligations is an important reason why some people choose this line of
work. However, some workers and experts have raised doubts about whether the autonomy and
flexibility that the apps arguably provide – including setting your own working time – can be
realized (especially after the pandemic hit). First, platforms provide clients, set rates, sanction
non-compliance and more, and second, if you want to earn decent money, you have to be active
during specific times, and so the schedule is not actually so flexible.
The job might have also become more unsafe. Regarding health and safety at work, providing this
mostly falls on the workers themselves, as health and safety regulations are the responsibility of
the employer / service provider (Riigi Teataja, 2021c). According to the statistics of the Estonian
Motor Insurance Bureau, in 2019 taxis that are operated via an application caused 1.8 times more
traffic accidents than traditional taxis, and seven times more than regular cars (Eesti
Liikluskindlustuse Fond, 2020). The focus group participants highlighted that this might partly
be because platform taxi drivers spend more hours in the traffic, so obviously have a higher
chance of getting into an accident. A Municipal Police (MUPO) representative also elaborated that
platform taxi drivers often have their “eyes on the app”, so they pay less attention to the traffic.
In addition, as platforms sometimes offer bonuses for faster/more rides, drivers might hurry in
the traffic.
Unlike many other European cities, collective organization against platforms is relatively modest
and no worker cooperatives/ community-owned platforms exist. When taxi platforms entered
the taxi industry and were not regulated at all, both taxi drivers and taxi companies addressed
the unequal situation in the media, and with policymakers and politicians. The main heated
debates took place when the changes in the Public Transport Act were discussed (in 2016) at the
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
20
state level. Traditional taxi companies and taxi drivers (Estonian Taxi Companies Association,
Association of Car Companies, and Estonian Taxi Drivers Association) demanded the equal
treatment of platform taxi services and regular taxis. The Estonian Taxi Drivers Association (Eesti
Taksojuhtide Liit) argued that the activities of Uber and Taxify should not be legalized. There
were public debates in the mass media, but also a demonstration in front of the Parliament. On
the other hand, the platform companies (including Taxify) established the Estonian Sharing
Economy Association (Eesti Jagamismajanduse Liit) to promote this line of economic activity
(Elijas-Taal et al., 2016).
In January 2018, Taxify (now Bolt) drivers gathered in front of the Taxify office to demonstrate
against the platform’s new dynamic price policy – meaning that in the area where there are a lot
of clients the prices will be higher/doubled, but otherwise the price will be low. According to the
protesting drivers, that would have decreased their income by 30%. According to one Taxify
driver, those who rented the car from Taxify were in the worst position, as they had to pay rent
to Taxify and were obliged to accept mandatory rides. In order to earn enough to pay the rent,
they would have needed to accept 100 rides per week (70–80 hours) (Pärgma, 2018). However,
the protests did not lead to any tangible outcomes and in 2020 Bolt was still using dynamic
pricing.
There exist no specific unions for platform workers and traditional unions have also been rather
reluctant to mobilise them. In addition, in sectors like the taxi industry, unionisation is very low
in general. As platform workers are not employees (see section 1.3), there are also legal
challenges for unionisation. Representatives of the Estonian Taxi Companies Association (Eesti
Taksoettevõtete Liit) have been of the opinion that Uber and other taxi platforms should be
considered as regular taxi companies, and thus their drivers should have either employment
contracts or they should be entrepreneurs (not work as private individuals) (Kalev, 2018). It is
important to understand that in the Estonian taxi industry, employment contracts did not prevail
before platform taxis entered the market and for most taxi companies their drivers are own-
account workers.4 A recently established community organisation called Estonian Taxi
Association (Eesti Taksokoondis, representing the interests of taxi drivers) has expressed clear
dissatisfaction – mainly in social media – with the current situation and has also highlighted that
taxi platforms should be considered regular taxi companies (Eesti Taksokoondis, 2021).
1.3. Employment status and tax compliance
Regarding the changes (or lack thereof) in the employment situation for taxi drivers in Estonia, it
is crucial to understand that the taxi industry was lightly regulated (compared to other European
countries) already before platform taxis came onto the market (Tallinn taxi industry focus group
March 2021). For example, in Estonia even one-man companies can have taxi licences. Most
importantly, traditional taxi companies are not providing (and usually have not provided) the
4 Own-account workers are those who are "working on their own account or with one or more partners, hold the type
of job defined as self-employed, and have not engaged, on a continuous basis, any employees to work for them" (ILO,
2003).
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
21
possibility to be employed as a taxi driver. Rather, when hiring taxi drivers the sector has used a
model of (false) self-employment (own-account workers) for a long time.
Platforms in Estonia can sign different types of contracts with their workers. Few (Wolt,
GoWorkaBit) offer the possibility to sign a service contract (authorisation agreement) between
them and the workers based on the Law of Obligations Act (Võlaõigusseadus, käsundusleping),
not based on the Employment Contracts Act. Taxi platforms, however, do not provide
employment or even service contracts to their drivers. Similarly, platforms have no obligation to
provide work for the drivers who are paid only when they have provided a concrete service to a
customer, out of which a part goes to the platform. Therefore, in regard to platform taxi driving,
we really cannot talk about having any amount of job security. This became painfully evident
during the pandemic, when the taxi industry was hit quite hard.
Legally, platform workers operating via Uber, Bolt or other taxi platforms fall either under the
status of sole proprietors (self-employed persons), work through their own small company
(either paying social security tax for themselves or not) or provide services as natural persons
who declare taxes (if at all) as occasional income or through a newly established business account
for natural persons (see Table 2). In case of the first two options – sole proprietors (self-employed
persons) or working through their own small company – they can pay their own labour taxes and
also get social security coverage. However, this makes earning opportunities very low and as it is
clear from the interviews we conducted for this project, rarely happens. From occasional income,
only income tax is paid, which does not provide social security. In the sample of drivers we
interviewed for the PLUS project, the most dominant relational status with the platforms was that
of a natural person who declares taxes as occasional income (one did it also through a newly
established business account for natural persons). Few were self-employed and few provided
services via their own company.
Table 2: Variety of statuses, tax obligations and social security situations of platform taxi drivers Status Tax obligations Social security coverage Private individual declaring occasional income via tax return
Income tax No
Private individual using entrepreneur account
Tax rate is 20% if the annual receipt is up to 25,000 euros and 40% if the annual receipt exceeds 25,000 euros. The rate covers income tax, social tax and contributions to mandatory funded pension.
Yes, if the sum is continuous and above the mandatory threshold.
Sole proprietors (FIE) Have to pay income tax and social tax, and also contributions to mandatory funded pension in case they have joined the mandatory funded pension system from their profit.
Yes, if the sum is continuous and above the mandatory threshold.
Private limited company (OÜ)
Labour taxes need to be paid on income from employment: income tax, social tax,
Yes, if the sum is continuous and above the mandatory threshold.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
22
unemployment insurance premiums and in case the driver has joined the mandatory funded pension system then also contributions to mandatory funded pension.
Source: https://www.emta.ee/en/private-client/muud-tulu-liigid
This kind of legal situation, where platform workers are not considered by platforms as
employees or even someone who should have service contracts with platforms, is also accepted
by state authorities. The debate in public regarding the rights and obligations of platforms
towards their workers is a bit more mixed, yet modest. Some trade unions highlight that taxi
platforms can be considered as employers, and the representatives of the traditional industry
have suggested that platforms should operate under the same rules and regulations as they are
(E-mail interview with the representative of EAKL, 2021; Kalev, 2018).
Still, the fact that platforms like Uber do not provide employment contracts for their drivers has
not had as huge a disruptive impact on the taxi industry as it probably has in some other
countries. In Estonia, most “traditional” taxi services also do not employ taxi drivers, but drivers
are either self-employed or working through their own company. Therefore, the relationship
between drivers and traditional taxi companies versus ride hailing platforms like Uber does not
differ hugely. A representative of a taxi company explained that if a company would actually hire
taxi drivers, they would be in a clearly disadvantageous position in the market, as happened with
one of the biggest taxi companies:
They [the taxi company] initially hired all the taxi drivers, produced… I don’t know, like several million of kroons [previous currency] of losses every year until they realised that this model does not work. And they started using the same model as all the rest. This [the model] means that the taxi driver is a private entrepreneur, typically either renting or owning the car and offering the service as (s)he pleases. So in that sense there has not been any important change. (Tallinn taxi industry focus group, March 2021)
This means that the employment conditions for taxi drivers have been largely dependent on
themselves already for a long time and to some extent on specific agreements with the companies
they provide the service for. It was also highlighted during the taxi industry focus group that the
usual practice among taxi drivers seems to be to pay only the minimum amount as a salary to
receive social security coverage and not pay taxes on the rest of their income, so the grey economy
has long been part of Tallinn’s taxi industry.
What did change with the entrance of platforms, however, is that platforms normalised the
process of taxi driving as a source of occasional income without providing an employment contract
to them5 as opposed to registered self-employment used by traditional taxi companies. The grey
5 When natural persons work through platforms they might declare their income from driving as occasional income
and pay only income tax from it or pay the taxes through the new option of the Simplified Business Income Taxation
Act, which sets a lower level of tax obligations, but when fulfilling certain requirements, a person may also receive social
security through that.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
23
economy increased further as more drivers are not paying taxes at all. It is also extremely difficult
and energy inefficient to monitor the taxi drivers for tax avoidance:
I have spoken to a tax official once who tried to carry out tax inspections in the taxi industry. (S)he said they spent two kroons to find one. This means they cannot in any way monitor sole proprietors’ [type of registered self-employment in Estonia] when it comes to taxes, so actually no control was exercised. This means taxi drivers always declare the minimum wage…tax expense. This means they pay the necessary minimum social tax to get social insurance. (Tallinn taxi industry focus group, March 2021)
Due to the lack of tax compliance, the platform economy has forced the state tax authorities to
revise the tax collecting system. Interestingly, in Estonia, this has been done with the cooperation
of the platforms. In 2015, the Estonian Tax and Customs Board (ETCB) started cooperation with
Uber and Bolt to establish a system to simplify the declaration of taxes related to earnings through
the platforms: drivers have the option to declare their income through a prefilled form provided
by the ETCB through the platform, and platforms then send the information to the ETCB.
However, it is not mandatory for the drivers to share this information and generally very little is
known about platform workers (numbers, income, hours worked etc.), as the platforms are
rather non-transparent and do not share the data.
Furthermore, in 2018, the Simplified Business Income Taxation Act was passed with the aim of
simplifying tax responsibilities for natural persons. The act stipulated that the rate of business
income tax is: 1) 20% of the amount received on the business account if the amount does not
exceed 25,000 euros in a calendar year; 2) 40% of the amount received on the business account
exceeding 25,000 euros in a calendar year. The rates include both income and social taxes, which
are low compared to the regular Estonian employment tax rate of over 50%. The taxes can be
paid through the newly established entrepreneur account. Therefore, the platform economy has
introduced changes in the Estonian tax system.
1.4. Social protection
Between 2005 and 2018, Estonia was among the European countries with a relatively low level
of expenditure on social welfare in the areas of labour market policy (approximately half of the
EU28 average), social protection (67% of the EU28 average), social exclusion (25% of the EU28
average) and old age provision (67% of the EU28 average). Child and family policies have been
approximately 40% above the EU28 average (Unt et al., 2021). Estonia also has a minimum salary
which lags behind most of the other EU countries – only Latvia and Bulgaria have lower
purchasing power parities of their minimum salary (Hankewitz, 2020).
The access to social protection in Estonia is earnings related; therefore, contribution-based and
depends on whether a person has paid enough social security contributions (and for long
enough). For all those who have an employment contract there is insurance coverage as even in
the case of part-time work, the minimum amount of social tax is requested from employers. The
insurance cover will be suspended two months after the date of the suspension of work entered
in the employment register (e.g., an employee enters active service, goes on parental leave, etc.).
The insurance cover will not be suspended in the case of unpaid leave granted by agreement of
the parties, provided that social tax is paid for the person at least to the extent of the monthly rate
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
24
of social tax. In 2021, the monthly rate on which social tax liability of based is 584 euros and thus
the minimum amount of social tax is 192.72 euros per month.
There are other ways to be eligible for social protection covered by the state like being officially
registered as unemployed (for a full list of those eligible for social protection by the state, see
Eesti Haigekassa, 2021a). Unemployed can apply for unemployment insurance benefit (UIB),
which is more generous and related to the previous salary level or for unemployment allowance
(in the case of no sufficient prior work experience). From 1 September 2020, it is possible to work
up to 8 days a month, with the maximum sum of 233.60 euros (gig work or any other form of
work) and still be officially registered as unemployed with full rights, including social insurance
coverage. In addition, the eligibility for unemployment insurance benefits was relaxed to promote
seasonal work. Nevertheless, the employment has to be on the basis of an employment
contract/contract under the law of obligations or civil service (Eesti Töötukassa, 2020a). As taxi
platforms do not offer these options, the system is not applicable for working under these
platforms. Self-employed can register as unemployed if they stop their self-employed status.
The regulation of insurance cover differs if a person works on contract under the law of
obligations, which is the usual contract if the platform has a contract with an individual. In order
to qualify for health insurance coverage, social tax must be declared either in the tax form of one
employer or several employers in the monthly total amount of at least the minimum social tax
obligation. However, an important difference between people working under an employment
contract from those working under a law of obligations contract is that the insurance coverage of
an insured person is suspended after one month has passed from the due date where according
to the information received from the Tax and Customs Board social tax has not been declared to
the extent of the minimum social tax obligation in the latter case (not after two months as is the
case with an employment contract).
Considering sickness benefits, employees working under an employment contract are in an
advantaged situation, as in general individuals working as self-employed or under the law of
obligations will receive compensation only from the ninth day of incapacity:
“In case of illness, quarantine, non-work and traffic injury and the complications or illnesses caused by it, the benefit is paid by the employer from day 4 to day 8. Since day 9, the benefit is paid by the Health Insurance Fund. In other cases (occupational disease, occupational accident (incl. traffic-related occupational accident and complications or illness caused as a result of an occupational accident), injuries caused as a result of protecting national or public interests and preventing a criminal offence), the benefit is paid only by the Health Insurance Fund and from the second day of the exemption from work.
Furthermore, the benefit is paid by the Health Insurance Fund as of the second day if the reason for the certificate of incapacity of work is the provision of work corresponding to the person’s state of health and transferring the person to a less strenuous position, or if the employer does not have work suitable for a pregnant woman. If the employer does have less strenuous work that the employee could do during the period of incapacity for work caused by the above, then the Health Insurance Fund shall compensate the
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difference in wages caused by the transfer to lighter work since the first day of the certificate of incapacity of work.” (Eesti Haigekassa, 2021b)
All benefits, such as maternity, parental, and unemployment benefits, are related to contributions
and calculated on the basis of social tax paid. For instance, maternity benefit is related to the
contributions during the previous year. It is paid fully by the Health Insurance Fund, and is
accessible to all insured pregnant women (Eesti Haigekassa, 2021c).
As was emphasised in the previous section, platforms like Uber do not take responsibility for
people providing services via their platform, as they refuse to define themselves as employers.
Therefore, all issues related to welfare and social protection are the responsibility of the person
providing the service via a platform, not the platforms themselves. In Estonia, a person has social
insurance only if she is able to pay the social tax contribution above a certain threshold. If the
payment of social tax is not regular or for a month does not reach the set threshold, a person is
not covered by social insurance. According to one social insurance expert (TA-EX-1), usually
platform work does not guarantee social insurance coverage, but in most cases it is not a problem
as most people also have a “main” job or are registered as self-employed or work under their own
company, and might cover it through that. It was commonly agreed by the experts interviewed
(despite scarce empirical evidence) that social tax is usually not paid from the income gained
from platform work. Arguably, in most cases it is declared as occasional income or avoided in
other ways as the reduction of labour taxes is the crucial competitive advantage of platform work
in most cases.
In order to tackle possible tax avoidance, lack of social security coverage and offer less costly
opportunity to declare taxes from (irregular) platform work, the aforementioned special
regulation passed in 2018, the Simplified Business Income Taxation Act, together with the
entrepreneur account system for natural persons was created. It provides possibilities to pay a
lower rate of social taxes and be covered by social insurance. This is meant to be a way for a
private person to operate as an entrepreneur in a bureaucracy free and affordable manner,
without worrying about financial statements, monthly tax declarations and the payment of taxes
– all of this takes place automatically under entrepreneur account entries. It is also possible to
obtain social insurance coverage based on income on an entrepreneur account, but payments
need to pass the minimum social tax threshold. Furthermore, no costs can be deducted from the
income, which might hinder the interest of those who have considerable work-related costs (like
fuel, insurance) to opt for an entrepreneur account.
To conclude, the main challenge related to platform work is that the social insurance coverage is
guaranteed in the case of continuous payments of social tax above the threshold. In the case of
strong income fluctuations from month to month, it might not be possible to obtain continuous
coverage. Furthermore, people working for platforms without an employment or service contract
do not collect/pay unemployment insurance (except for when they pay labour taxes for
themselves) and thus, do not qualify for unemployment insurance benefits in case they register
as unemployed.
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1.5. Regulations ‘in becoming’
In several countries massive uprisings against the platformisation of taxi and other services have
taken place, and companies like Uber have been sued on numerous occasions (Kelly, 2016; Sarah,
2021). Similar court cases have been absent in Estonia, some of the reasons being the more
techno-optimistic attitudes prevalent in society and the lack of collective mobilisation amongst
platforms by their workers. In general, the attitude in Estonia society is very liberal, and therefore
changes will more likely be driven by European Commission initiatives and regulations than by
local ones.
Importantly, in Estonia the image of platform work is probably not as negative as it is in some
other European countries. For example, Estonian men, who are generally in a more advantageous
position in the labour market than women or minority population (Täht, 2019; Aavik, 2015 a, b)
do not seem to be ashamed of this line of work. Similarly, they might not complain about the
working conditions or take (collective) action trying to improve them. Rather, they can even take
a lot of pride in the work, especially when framing their work as that of small-scale entrepreneurs.
The latter status is also legitimized by current legal regulations of employment and emphasised
by the taxi platforms, who call their workers “partners”.
The debates (at least public/semi-public) on employment regulations related to the situation of
platform workers have been very modest. In general, it seems to be taken for granted that
platform work is outside employment relationships and platforms are service intermediaries, not
employers. When platforms entered the market and were not legal/regulated, then some
discussions regarding the employment status of platform taxi drivers were raised. For example,
during the parliamentary debate in 2016 related to the possible changes in the Public Transport
Act that would legalise platform taxis, opposition Center Party representative raised the issue of
whether Uber and other platforms should be considered as employers:
“Looking at other spheres based on this analogy that you claim to be 21st-century regulation, does it make a participant in the sharing economy also to a certain extent an employee with rights and obligations resulting from this [including rights to health benefits, retirement benefits, insurance in the event that they become unemployed, and other social net features]? What might be the status of such an individual, as an individual entrepreneur (FIE) or something else—is it rather hobby-work?” (MP Andrei Novikov,
opposition Center Party, cited in Lanamäki & Tuvikene, 2021).
The topic was silenced by the liberal Reform Party representative by highlighting that even in the
traditional taxi industry most drivers are not employees. Furthermore, ride-hailing was depicted
as a steppingstone towards becoming an entrepreneur (see Lanamäki & Tuvikene, 2021).
In addition, even if some discussions and media coverage exists, these seem to be characterized
by a lack of concrete proposals on how to change the legal status of the platform workers in order
to fit the Estonian labour market (Tuvikene & Holts, 2021; Vallistu, 2018b). There have been
actors, namely researchers and labour representatives, who have highlighted the shortcomings
of the current situation, where platform workers remain in a grey zone: they are not (totally)
independent in regulating their working conditions, but the platforms do not take any
responsibility for their employment. While researchers from the project Cities, Work and Digital
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Platforms (Tallinn University, 2021) have highlighted possible shortcomings of the current
situation – where platforms/algorithms dictate service prices and other working conditions, but
do not take any responsibility for their workers – they have not offered concrete solutions, but
rather highlighted the need for further dialogue. The latter is necessary also as platforms and
platform workers differ and so do their motivation and expectations towards platform work, so one
regulatory system might not be suitable for all (Tuvikene & Holts, 2021).
The Estonian Trade Union Confederation (Eesti Ametiühingute Keskliit, EAKL), who has
discussed the topic of platform work amongst its member unions, argues that they would prefer
the same/similar rules to apply to platform work as to regular work, as the aspect that digital
tools are used for managing the work relationship does not change the relationship itself.
Furthermore, only an employment relationship currently offers benefits like paid sick days and
holidays. If platform work is regulated separately from other kinds of work, it will create unfair
competition and potential for tax evasion. The EAKL has made a proposal to extend the concept
of employee, so that all workers would receive at least minimal rights (including the right to
collective representation) and social benefits (E-mail interview with the representative of EAKL,
2021).
Bolt (direct competitor of Uber who is dominating the platform taxi market in Tallinn) is of the
opinion that employment regulations should not apply to their drivers, but when there has been
allegations that the current situation is unfair, they have suggested looking at some alternatives
on how to regulate a status that stays between employee and independent contractor (Pärli,
2021). Recently (June 2021), one of the founders of Bolt argued that the taxi platform industry
needs to be more regulated indeed, but something alternative to the employment contract is
needed: one of the options could be a taxi insurance system through which drivers would get
social security. Another alternative could be an in-between worker status as in the United
Kingdom (Võsumets, 2021).
Although Estonian labour legislation is rather flexible; for example, it is possible to end an
employment contract with agreement between the parties, currently there are further plans to
make it even more so. Flexibility in the labour market seems to be something promoted in Estonia
rather widely and strongly. An example is the current agreement between labour and employer
representatives and the Ministry of Social Affairs to allow employment contracts with flexible
working hours in the retail sector. This would make it possible for employers to use employees
as much as needed on a specific period and pay less for over-time. The agreement is currently
being discussed in the parliament. If it passes, it will most probably enter into force for a test
period (Soobik, 2021). In a recent seminar by the research group Cities, Work and Digital
Platforms (Tallinn University, 2021), where this agreement was discussed related to its
applicability to platform work, some participants (researchers, state officials and labour
representatives) highlighted that it is probably not suitable for platform work, as it is still not
flexible enough (e.g. the employer still has to employ a person in a minimum of a 0.3 position, and
can change it only by 0.2 of a position), and 0-hour contracts might be more suitable with platform
business models.
When specifically regulating platform work, Estonian policymakers seem to be waiting for
instructions and directives from the European Union. For example, the minister of health and
labour argued that although the social guarantees of platform workers is a topic that is often
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discussed, the regulation of this kind of work in Estonia will be dependent on the legislative acts
that the EU will pass (Võsumets, 2021). Therefore, it seems likely that platform labour will not be
regulated before the (binding) instructions from Europe arrive.
1.6. City-level regulations for the taxi industry in Tallinn
In Tallinn’s taxi industry, the local government is able to establish some small-scale local
regulations for traditional taxis, but not for the platform taxis. Indeed, Tallinn has established a
few local rules, including maximum prices for rides and the requirement to have a less-polluting
car (Riigi Teataja, 2021b). These distinctions still create quite a lot of inequality between
traditional versus platform taxis. Furthermore, the local government (in the case of Tallinn: the
Municipal Police Department (Munitsipaalpolitsei, MUPO)) is the authority issuing the necessary
licences for taxi drivers and monitoring the drivers at the local level (including platform taxi
drivers). As was evident from the taxi industry focus group, MUPO is not satisfied with their
current power over the platform taxi industry, as declining to give licences and monitoring
platform taxi drivers is difficult under the current Public Transport Act (Tallinn taxi industry
focus group, March 2021).
Monitoring platform taxi drivers is complicated for several reasons. First, it is difficult to
distinguish platform taxis from regular cars, as the former might not have any visual clues
indicating the car is used to provide taxi services. Second, the legislation does not provide an
effective means for monitoring platform taxies (ERR, 2021b). MUPO does not have the right to
stop “regular” cars for the purpose of checking documentation. They do conduct inspection
purchases by ordering platform taxis, but a recent decision by the Supreme Court of Estonia
(Riigikohus, 2021) stated that this strategy of targeting and inspecting platform taxi drivers is
illegal, as the Public Transport Act does not provide such an option for the authorities to order
taxis via mobile app in order to inspect the driver. The court concluded that the current legislation
does not provide the possibility to effectively inspect platform taxi drivers. MUPO officials
expressed the hope that maybe due to this recent decision finally some changes to the legislation
will be made to make such activities possible. However, the participants were also a bit sceptical
that such changes would occur, as the political will to regulate the sector more strictly might be
missing: “[for more than three years] we have made proposals to the ministry on how to better monitor [platform taxis].” Nothing has changed this far (Tallinn taxi industry focus group, March
2021).
Although the Public Transport Act does not explicitly set language requirements on drivers, the
Language Act states that drivers of public transport vehicles have to be proficient in Estonian at
least at B1 level. MUPO does not have the competence to check the language level of the taxi
drivers, but they have refused to issue the service provider card if applicants were not even able
to express themselves at an elementary level when turning to MUPO. According to the officials,
some potential taxi drivers do not speak Estonian, English or Russian. The Estonian Ministry of
Economic Affairs and Communication on the other hand argues that MUPO should issue the card
and only if the driver is caught during a drive, then their data can be sent to the Language
Inspectorate who should evaluate the situation (Pau, 2019). On the other hand, in May 2019, the
Estonian Sharing Economy Association – representing Uber and Bolt – sent a letter to the Ministry
of Economic Affairs and Communications arguing that Estonian language requirements for
drivers are threatening their economic freedom (Pau, 2019).
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1.7. Impact of the 2020 Covid-19 pandemic
The Estonian government declared a Covid-19-related emergency on 12 March 2020 (first
recorded case was on 27 February) and it ended on 18 May (some restrictions still remaining).
Although remote work was promoted and sports clubs and other non-essential services were
closed, people were still allowed to move freely within the country (except for one island,
Saaremaa, with a high outbreak) with reasons such as work obligations, shopping for basic
necessities and exercising, following the 2+2 rule in public spaces. Neither taxis nor
accommodation services were prohibited but as tourism collapsed and people were staying at
home, these services diminished considerably.
The state implemented several measures to support competitiveness and the survival of
companies, such as postponing the repayment of loans, postponing taxes, providing salary
subsidies and other similar measures. During the pandemic, Estonia implemented two state-wide
temporary subsidy programmes (one for March to June 2020 and one for March–May 2021) for
employees whose employers’ business had been disrupted by the restrictions set by the state. To
be eligible in 2020 for the March-May subsidy (eligibility for the June one was a bit higher), the
employer had to comply with at least two of the following conditions: “The employer must have
suffered at least a 30% decline in turnover or revenue for the month they wish to be subsidized
for, as compared to the same month last year; The employer is not able to provide at least 30% of
their employees with work; The employer has cut the wages of at least 30% of its employees by
at least 30% or down to the minimum wage.” (Eesti Töötukassa, 2020b). The 2021 programme
stated that:
“An employer can apply for a temporary subsidy for employees, if: their turnover or
income for the calendar month for which temporary subsidy is claimed has fallen by at
least 50 per cent in comparison with the average turnover or income for the period
December 2019 through February 2020, or the average turnover or income for the period
July 2020 through December 2020; they can no longer provide employees with work to
the agreed volume (§ 35 of the Employment Contracts Act applies) or they have reduced
the remuneration of the employees (§ 37 of the Employment Contracts Act applies); they
are not the subject of compulsory dissolution, liquidation or bankruptcy proceedings and
at the moment of application they had no tax arrears or they have been deferred.” (Eesti
Töötukassa, 2021)
Furthermore, “Self-employed persons whose business income in 2020 was 50% lower than in
2019 can also apply for compensation. The amount of compensation for a FIE is EUR 584 per
month.” (ibid.). Also, starting from January 2021, only the first day of sick leave is not covered by
the employer, who has to cover days 2–5, and after that period sick leave is paid for by the
Estonian Health Insurance Fund (Eesti Haigekassa, 2021d). For people officially living in Tallinn,
the city was also reimbursing the first sick day between the period of March and May 2021
(Tallinna e-teenindus, 2021).
Uber continued providing services in Tallinn, but during Uber’s first wave of redundancies related
to Covid-19 pandemic, they made all the employees in their Tallinn office redundant (Härma,
2021). It appears that Uber drivers were not even notified about this, as in a Facebook forum of
Uber drivers at the end of May 2020, people were complaining that the Uber office is closed and
asked if anybody knows when it will be open. In response, people were sharing a newspaper
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article about Uber redundancies. Apparently, now driver support for Tallinn drivers is delivered
through Uber’s Polish office. It is also clear that the number of clients had decreased considerably,
with some drivers claiming that they have not had any orders for days or even weeks (see part
2.4 for the Uber drivers’ views). This is understandable, as the Tallinn market is divided by
different taxi platforms, and the local market is ruled by Bolt. Therefore, most Uber clients are
tourists, and tourism has collapsed due to the pandemic and related restrictions.
The current pandemic situation has clearly decreased earnings for drivers and shrunk the taxi
market in general. It is not clear how much Uber’s turnover has changed during the period, but
Bolt announced an 85% decrease (Postimees, 2020). As explained above, the government
compensated salary losses for the employees of many companies whose business activity
decreased, as the main social policy measure used in Estonia in connection with Covid-19 has
been income replacement, implemented by the Estonian Unemployment Insurance Fund (EUIF).
From March to June 2020, the subsidy was paid to enterprises which were struggling and
followed certain criteria. One of the biggest support payments (5th place) was given to Bolt
Technology OÜ: 1.4 million euros. However, it is important to note that drivers were not eligible,
as they are not employed by the platforms. Support from the state only concerned actual
employees (EAS, 2021).
As highlighted by one of the experts, “Platform workers are not real employees nor real
employers and they are pushed into the grey zone” (Focus group discussion on platform
economy, November 2020). During the Uber and Airbnb focus group in November 2020, the
participants clearly emphasised that none of them received the subsidy meant for own-account
workers, as they did not fulfil the necessary employment/tax conditions. The experts that we
interviewed in November 2020 also agreed that due to their grey zone status, platform workers
can fall through the cracks of any state compensation mechanisms (Focus group discussion on
platform economy, November 2020).
Furthermore, platform taxi drivers encountered increasingly risky working conditions: “related
to the pandemic we are trying to lessen human contact, but when doing this kind of work it is
necessary to be in contact with different people, for example, if you offer a transport service; and
this crosses to the aspect that they [platform workers] do not have social security, but their risk
level, risk factors are amplified considering health, wellbeing” (Focus group discussion on
platform economy, November 2020). Regarding the safety of drivers, MUPO representatives
elaborated that traditional taxi companies usually have provided decent protection
(masks/shields/disinfectants), but with platforms it has mostly been the responsibility of the
driver. Uber did not provide their drivers any safety equipment during the pandemic (some
drivers were complaining that only in May 2020 did Uber order them to wear face masks). Some
taxi companies installed partition screens and started providing delivery services (PM Tarbija,
2020). Regarding social security, it depended on the concrete driver. If s(he) paid the minimum
amount to receive social security, then s(he) had access to it (e.g. when losing a job during the
pandemic), otherwise not.
A hot debate ensued at the beginning of April 2020 around the issue of Bolt asking to borrow 50
million euros from the state (as their revenues had dropped and commercial banks were not
willing to provide loans on suitable conditions) (ERR, 2020), but the state did not grant them this
support (Digigeenius, 2020).
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PART II: PLATFORM WORKERS’ PERSPECTIVE
The following part of the report is devoted to the perspectives of platform workers working for
platform taxis. Although all of them worked for Uber, most also used other applications and were
able to compare their experiences of working for different apps. The topics are divided into three
broad categories – labour process, skills, social security – followed by a fourth section about how
some of these workers have experienced the 2020 pandemic in their working lives. The last
section of this chapter raises some alternative ways highlighted by the interviewees on how the
(platform) taxi industry could be organised.
2.1 Labour process
The reasons the interviewees started to work through Uber and other taxi apps are manifold. So
are the reasons they still continue to, and these reasons might be different to their initial ones.
These include the need/desire to earn extra income to their main employment, not finding a more
secure or higher paid or professional job, and using the option to earn income (during studies)
with a flexible schedule. For those who started out as traditional taxi drivers, using apps in
addition to or instead of their traditional taxi was because driving only traditional taxis became
more difficult after platforms entered the market. For new migrants, taxi apps can also be a way
to enter the labour market even without speaking Estonian. There are those who started
providing the services in the very beginning when Uber and the locally-owned Bolt (back then
Taxify) came to the market in 2015 and 2013, respectively, and this area was without any
regulations and was advertised as a way to share your car and earn something extra. Some
interviewees expressed nostalgia for the period of ‘actual ride-sharing’ where their service was
different from the traditional taxi service.
The flexibility of choosing your own working time was often highlighted as the main advantage of
this kind of work (some had other work/study obligations, so having a free schedule was seen as
an advantage that not many jobs provide). Some embraced the flexibility aspect totally, talking
about taxi-apps as client-providing platforms, not employers, and vouching for fewer regulations.
Others, although highlighting the positive aspect of flexibility, also saw working for taxi platforms
as a necessity that they would stop if there would be other (better) options (e.g. pay rise in the
main job or professional job available). In the Estonian context, flexibility seems to be often
internalized as something to be strived for in the labour market, and even if you are not satisfied
with your work situation, you might still speak up for loosely regulated platform work. For
example, one of the respondents who did not manage to find better employment highlighted: “/.../
the platform is like an ultimate expression of the free market” (U_M_Tln_6), and emphasised that
the less regulated, the better. Another interviewee also argued for the fact that platforms cannot
be considered as employers:
As I see the service: I choose when I work and for whom I work and what kind of clients I provide the ride to. Uber is just the communication channel that brings together me as the driver and the clients. And it does not give me work directly, but just informs me about the clients. (U_M_Tln_3)
There were also those interviewees who saw taxi platforms indeed as employers and doubted if
the current situation where they do not have any responsibility for their workers is fair. On the
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other side of this flexibility, the drivers also expressed feeling insecure: you can never be certain
how much work there is, how much you have to wait. The interviewees argued that the taxi
business, which platforms are also part of as the rules and regulations generally overlap with the
ones for traditional taxis, is built on the lowest price offers (price dumping) and although clients
could be satisfied, taxi drivers are the ones taking the blow of ever decreasing rates. They
acknowledged that if you actually pay all the taxes and taxi insurance,6 there is no real possibility
to earn a decent income (not even a minimum hourly wage).
In Tallinn, it is a common strategy to use multiple apps (Uber, Bolt, Yandex, Taxigo) at the same
time and when talking about Uber, the interviewees generally compared it with other apps, whilst
Uber stood out as the most elitist. Uber is the app with the highest entry barriers. Mainly because,
compared to others, they check if the driver has all the necessary documents, including taxi
insurance – and if these are lacking or expired, you cannot provide the services. Second, Uber
restricts consecutive driving time to 12 hours, after which you have to take at least a 6-hour break.
Some interviewees highlighted that overworking is a serious issue that can cause accidents in this
line of business (so Uber is doing at least something to prevent it). Furthermore, there seems to
be a generally agreed hierarchy between apps, where some interviewees highlighted that using
Uber is their first choice – the reasons for that included better clients and rates (although rate
differences with Bolt are small), better functioning application (e.g. client can leave tip via the
app) and Uber’s decent communication with drivers. However, multi-apping seems to occur
because Uber lacks clients, so there is a lot of waiting time. The high season for Uber-driving is
when there are tourists and big events, as Uber is to a large extent used by tourists, and Estonians
seem to prefer Bolt. In addition, some negative aspects of Uber include not correctly functioning
price multiplier, no bonus for longer trips and no possibility to set a radius for your rides – in
Tallinn you have to service the whole city and surrounding Harju county, which is not densely
populated and longer trips are usually not beneficial for drivers:
To travel 15 kilometres and then get three-four euros and we have to pay … Uber will deduct its commission and then we will get only three or four euros, so … And we have to come back again, to the city, empty. (U_M_Tln_7)
Although some argued that refusing rides in Uber is not problematic, as Uber has enough drivers
and they do not block people as aggressively as Bolt, others felt that the difficulty of refusing rides
is really problematic: if you are your own boss (as Uber emphasises) you should be able to decide
your working methods yourself, including being able to choose your rides. This is especially
important in the Tallinn context, as some rides (e.g. longer ones outside Tallinn) are not really
beneficial for drivers. Those who had been blocked by Uber had gotten their accounts open quite
effortlessly. However, some highlighted that when they have asked Uber why exactly people get
blocked from the app, the Tallinn office (that was closed at the beginning of the pandemic of 2020)
seems not to know how the application works. This leads us to the algorithmic management and
surveillance that some interviewees felt rather strongly. For example, one of the drivers explained
6 It is important that in Tallinn all platform taxi drivers have to have taxi insurance (even if they do only a few rides per
week), which can be several (five) times higher than regular car insurance. Also, for leased cars, banks have to give
permission to use it for taxi-driving and they might say no.
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how he has been put onto a black list because he cancelled three clients in a row as they just did
not show up:
Well, the last time was just a couple of weeks ago. Completely by accident on a Friday night I had three clients via Uber: I got to the place, waited in the right place and they did not show up. What else can I do but to try to contact them. Client does not answer. So initially I cancelled the ride. It wasn’t a problem for me as there is this cancellation fee for a driver, but the thing is that there were three clients in a row like that! It was a bit suspicious even for me, but I guess the Uber system saw that it is suspicious and blocked my account. (U_M_Tln_8)
Another driver explained how he received a letter from Uber accusing him of cheating the system.
He got pretty upset as he argued that cheating is practically impossible. Furthermore, some
argued that the pricing policy is not transparent (e.g. the app says the price should be 3x higher
indicating a red colour on the map, but the rides that are offered are still at a lower price). A few
of the respondents contacted Uber asking about this, but the answer was something like “it
depends on demand”. The lack of transparency is also felt in relation to client feedback: there is
no way to know who gave a bad rating and why if they do not add comments (which, fortunately,
Uber enables). During the interviewing period, Uber had a bonus system (do an increasing
number of rides and you get a bonus), which one of the respondents summed up as a game that
makes you want to work more and more, which can be dangerous (e.g. sleepy drivers driving
around). Bonus systems seem to be one of the main management strategies that taxi platforms
use to get drivers working for them: both away from competing platforms but also to motivate
drivers working at specific times:
Every application is trying to give some incentive, so the driver might be in a hurry, to do those stuffs. This is the most difficult part that you have to follow the signs. Two days… Three days back I was going and the … I was in a hurry, I wanted to complete that ride and get back to the city, because my friends said that there’s a peak hour in the city. So, on 30 [km/h] speed-limit road I was going on 50. (U_M_TLL_12)
These systems are sometimes not transparent and can change rather quickly, increasing the
insecurity felt by the drivers. Furthermore, these incentives from the platforms can also motivate
drivers to take risks in traffic, as the above quote highlights. Bonus systems are something that
drivers generally highlight when asked about how taxi platforms direct their work. However, not
all drivers think of the algorithmic management and surveillance as problematic (or think about
it at all):
I do not think they do anything [to direct drivers]. Well, they only direct by putting back the bonuses, so people would get out more to drive, to switch their apps on. (U_F_Tln_2)
There are drivers who use several strategies to increase their livelihoods, while others seem not
to. It seems that tech-savvy people can strategise better (e.g. know how to check out how long the
ride might be). Bonus systems also change quickly. Although flexibility in terms of working time
was often highlighted by the interviewees as the main advantage of this line of work, when talking
about strategies that make the work more profitable, one of them actually chooses the “right time”
to work. However, the work schedule of the interviewees varied. While some drivers preferred
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34
to work during evenings and/or nights and weekends, others worked during regular working
days (e.g. from 8am to 6pm). The main strategy for increasing income for many interviewees was
to take orders from the app that provided the best prices at that time (e.g. had peak time
coefficients or some bonuses); therefore, these strategies extended beyond a single app.
The Estonian ride-hailing sector stands out compared to the same sector in several other
countries for its lack of collective mobilisation against taxi-app companies. There have been some
collective actions against Bolt’s dynamic pricing policy, but these did not lead to any changes
(Pärgma, 2018). Taxi-app drivers, even those who see the need to regulate the market more and
demand better conditions from the apps seem to express the attitude that it is very difficult, if not
impossible, for workers to change anything, as Story-box 1 below exemplifies.
Story-box 1: Navigating Gig Work, Understanding Risks, Questioning, Keeping up hope
Indrek is a driver in his 40s. With secondary education and professional background in a variety
of different service positions, where he has always had direct contact with customers. He once
considered working in public transport, but felt this might be too much responsibility for
passengers, their being on time and safe. So, he took training as a taxi driver and started working
as one, and it is from that professional background as a taxi driver that he looks at platforms like
Uber.
Today, Indrek diversifies his income by operating in several ride-hailing platforms in parallel and
also doing other gigs. He has a one-man traditional taxi company, as this allows him to offer taxi
services the normal way – getting clients from the street. Of course, this way he sets higher tariffs
than what Uber and other apps provide. However, nowadays getting clients that way – from the
street – tends to be difficult. Nevertheless, he seems to take pride in the work; he regularly works
as a driver equivalent to a full-time job.
He tends to see the most important skills being those related to customer service, communication
and the management of his customers’ mood and behaviour. He mentions politeness,
communication skills, and knowledge of the city as easy, really basic things that are not even
worth mentioning. However, he still mentions the taxi driver training as useful and valuable –
meaning, this cannot be that easy, but he does not seem to notice. On the other hand, the way he
manages his work – combining regular taxi service with several platforms – indicates that he is
quite tech-savvy and feels strongly about optimizing his working times, routes, schedules, and
customers. So, he takes the work quite seriously, and likes the customer service part of it.
This does not prevent him seeing the wrongs in this line of work. He also regularly stands up for
his rights against taxi-platforms, especially through the drivers’ Facebook forums. Being
outspoken against wrongdoings by several platforms, he has been noticed by the offices and
sometimes gets punished. Therefore, his experience makes him see very little possibility for
workers to stand up against the platforms when they see injustice, or when they would like to try
to improve their working conditions, when the app can just block you and take away your
livelihood:
Well, those who stood against Bolt’s system, they were all blocked. So like, tried to make a trade union or something like that… /…/ The process stayed unfinished. That was two years ago. So we
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
35
do not have a trade union here in Estonia. We have the power of the app. Let’s say that the drivers do not have a right to say anything.
Being blocked by a platform seems to be a huge issue in Tallinn. Most platform taxi drivers do not
drive for only one platform, but diversifying their platforms is a necessity to earn a decent income.
In addition, when asked about the positive and negative aspects of working for Uber, drivers
frequently compare it to other platforms. For example, for Indrek, compared to other ride-hailing
platforms, Uber stands out as better (‘best of the worst’), as although it lacks clients, thus there is
constant uncertainty of earning with Uber, (at least before the pandemic when Uber still had an
office in Tallinn) their communication with drivers was rather decent and they are the only ride-
hailing platform that explicitly follows the state regulations. He sees one reason why Uber has
less clients is its very marginally higher rates, as he considers clients to be extremely price
sensitive.
When asked what would make him stop working for Uber, he only lists possible wrongdoings that
Uber would consider offensive – but nothing that he might himself feel as a good enough reason
to leave. This is regardless of him protesting the price arrangements, questioning the platform’s
business practices, thinking about his lack of health insurance and problems arising from
retirement age getting nearer. With all the quiet or louder protesting about working conditions
and unfair treatment by the platform, and while questioning the dignity of the line of business
because of this, he does not really see himself leaving the rideshare platforms.
These days, he feels that going back to work in other parts of the service sector would mean giving
up much of the comfort arising from the flexibility of being able to choose his own working hours
and deciding to change them whenever he needed to.
The problems behind why collective mobilisation seemed unfruitful to the interviewees relate to
the huge pool of available drivers, general (perceived) weakness of trade unions in Estonia, and
the ‘power of apps’ to block drivers who ‘act out’. Some drivers practice individual agency by
sending Uber feedback on how to improve the app, but it was also mentioned that the only
feedback Uber expects from drivers is the following:
Some kind of simple and fast survey that wants to know how satisfied you are with Uber as your cooperation partner. I have filled it a few times, but it is very general, rating some stuff on a scale of 1–5. (U_M_Tln_8).
Generally, it seems that both individual and collective agency is constrained by the power of the
app. The work can also be quite isolating, as some do not know any colleagues that use a taxi-app
and sometimes (Facebook) forums are the only place to discuss work related matters (In Tallinn
Uber-drivers’ forums are less active than Bolt-drivers’). Uber also expects all communication with
them to be done via the app, so there is no personal communication. The former can sometimes
be too slow and inconvenient, although there are drivers who expressed satisfaction with that as
well.
Those who have also worked as traditional taxi drivers highlighted how the working conditions
have deteriorated, although in Estonia traditional taxi companies also do not provide
employment contracts to their drivers. One of the differences that those who also drove or had
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
36
driven traditional taxis emphasised, is that with traditional taxis you can set your own price
tariffs. Taxi-apps also compete with each other, driving down the prices. One of the interviewees
with longer taxi driving experience stated:
Then when I came back [from a foreign country], I started to drive Uber. And also Taxify, which is now Bolt. It was rather good in the beginning, but the situation has become worse and worse. There are more drivers and now the situation is really bad. This is not a job any more. If we look it like that, a few years ago you could say it was a real job. When you did it full-time, then you could get a decent salary after all expenses, but now you cannot. You cannot earn the same income working the same hours. (U_M_Tln_14)
Some respondents who complained about low prices and high competition thought that the
situation would improve if other platforms would also start requesting some documentation from
drivers as Uber does, but generally the interviewees did not express strong attitudes towards the
need to regulate the market more.
Relationship to work-related resources
Starting ride-hailing requires investing some initial resources, including economical, such as
equipment (e.g. buying, leasing or renting the car, but also other technical devices to stay
connected), as well as investments in insurance and all the permits (including the vehicle card
that increases the insurance payment). This means that one needs to have access to crucial
information;7 in addition, one interviewee relied on the suggestion from their friends who knew
they liked driving, so information is important in more ways than one in deciding to start driving
for a platform. Apart from specific assets and information, other useful resources included
different aspects related to human capital – previous work experience in logistics, earlier
experience in the field, knowing the customers and the city, knowing the titular language, but
possibly also a level of formal education.
Some of the drivers we interviewed had access to their own car, a few were renting, others had
rented and decided to get their own car. It is difficult to say how this defines their experience of
ride-hailing: most rely on multiple apps at the same time, making use of the diversity of customer
profiles that different apps offer, and therefore also experiencing the different business practices
provided by the different brands. Renting a car for ride-hailing purposes was generally deemed
to be too costly, and therefore not economical, even pushing one into poverty, and owning the car
was sometimes mentioned as giving an additional sense of security. However, those who were
renting their car from a rental company (e.g. weekly) were happy with the fact that insurance and
other documents “are in order” and they do not have to worry about repairs, while some
highlighted special arrangements that the rental company offered in relation to ride-hailing apps.
One interviewee calculated that driving a rental car is actually more economical, so it seems that
the perception of the need to own a car depends on how one works and, perhaps, on good
accounting skills.
7 While Uber is good at providing a list of such prerequisites, some other platforms may not, and sometimes our
interviewees pointed out even assuming (wrongly) that in the other platforms this is not required, making Uber seem
too difficult to access.
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Some also drive a regular taxi in parallel; these workers usually have their own car and provide
taxi-services through their own company. We see this experience with regular taxis as defining
the experience with ride-hailing. Those in our sample who combine regular taxi services with
ride-hailing often make reference and direct comparisons between these, while those who only
use apps like Uber in their driving do not otherwise compare Uber with taxi companies but to
other platforms operating in Estonia (that they themselves may have been using now or in the
past).
It is interesting to note that a number of our interviewees also had entrepreneurial backgrounds,
either in the past (sometimes ending in a lack of success) or currently (e.g. one interviewee runs
a business abroad). As one of the interviewees put it, being an app-taxi driver equals being an
entrepreneur, except it is easier because there is less mental pressure and no employees:
Being a taxi driver is a cowboy-like job. You are alone really /…/ Everything depends on yourself. (U_M_TLL_15)
On the other hand, one freelancer with a one-man-company considered working for multiple
firms too exhausting, and they resorted to Uber when their main “customer” cut their orders.
2.2 Skills
Starting as an app taxi driver, as the interviewees confirm, requires minimal skill – sufficient
driving skills and knowledge of traffic rules to pass the tests to apply for a driver’s licence.
Therefore, it is generally perceived as a low-skilled occupation: if you can drive a car, you can do
the job. No actual formal education requirements are made beyond schooling to get a driver's
licence, even though some have also graduated from a special training programme for taxi
drivers.
The skills that are important for success as an Uber driver are likely learned on the job as informal
learning, while the basis for these is laid in prior learning and work experiences. Relevant skills
highlighted by the interviewees when asked included references to hard skills and soft skills. Hard
skills here mean anything that can be learned and objectively tested, included several types,
especially those related to: (1) having good driving skills and being a polite driver, (2) knowing
the city, and (3) having a good knowledge of the local language, but also (4) knowing the rules of
the country (e.g. traffic rules, but also informal rules) and (5) knowing regulations (e.g. related
to the car); (6) being familiar with accounting; (7) being tidy, and (8) having a clean car. Hard
skills are often reflected via negative examples, where their lack is apparent, as in those examples
discussing the relevance of good driving skills, knowing the city, and knowing the rules and
regulations:
Quite often you see those cars (with signs from another platform), which attempt rather obscure moves every now and then. And then you have a glimpse of the driver at the wheel, and you can tell that they are probably not local! (U_M_TLL_8)
The latter example also demonstrates how lack of some skills is related to the driver being a
foreigner.
In the next example, there is even some nostalgia about knowledge of the city being important:
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
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In the old days we had decent taxi drivers: they drove a Volga [type of car], they knew the map of the city by heart. (U_M_TLL_11)
This reflects a critique of the applications that predefine the routes, and the pride locals have in
knowing their city.
Of soft skills, or those that may vary from situation to situation and are regarded mostly
subjectively in the given context, the interviewed drivers mentioned the following: (1)
elementary politeness, (2) communication skills, (3) excellent knowledge of the Estonian
language, (4) some knowledge of other languages, (5) being calm (in traffic as well as with
customers), (6) being patient (also, while waiting for the next ride), (7) having self-control, and
(8) not being afraid of instability.
Among the hard skills, good knowledge of the Estonian language was mentioned, which can be
measured rather easily by, say, tests. When listed among the soft skills, the same knowledge of
the Estonian language points to the fact that someone who prefers to speak in Estonian might
reward the driver based on their excellent knowledge of the Estonian language, and give less
regard to the one whose spoken Estonian is poorer, even if it is, strictly speaking, good enough to
understand and communicate everything that is necessary to provide a good service.
Among the soft skills, there is also, for example, knowledge of any additional, unexpected
language of some customer that enables the driver to provide something additional to the service:
Given that I know the Finnish language quite well, then they [Finnish tourists] are usually rather pleasantly surprised – and it is possible that I might earn additional tips for this. [U_M_TLL_11]
This citation refers to additional skill. The next also quote mentions knowledge of language as
important, but suggests that this is important insofar as it helps provide the customers the
attention they seek:
Well, this ridesharing customer, of course she seeks a lower price, but in fact she actually wants personal attention. This is almost impossible to offer if one does not know the language well! [U_M_TLL_1]
Here we see how language skill is seen as necessary as a soft skill: not just to discuss traffic, but
to be able to keep up small talk or provide a supportive environment and attention, when it is
sought. Offering personal attention, human attention, or even recognising that this is expected, is
to be seen among the soft skills that may be needed to secure success. Focus on communication
skills that include politeness but also go beyond politeness are reflected in the next quote:
One has to be kind of calm, patient, both in traffic and in communication with customers. There are different kinds of customers. And, beyond this, one also has to be flexible, to the extent that some situations require very quick reactions. In some cases one may be provoked, while some cases are such that one shouldn’t get involved…Well, sometimes, perhaps it is useful to be able to just hear a person out. [U_M_TLL_1]
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So, it is kind of expected that a good driver is also a good psychologist, as hearing a person out
and knowing when not to get involved are definitely soft skills.
Beyond hard and soft skills, some additional skills emerged as important from the drivers’ own
descriptions of their work, even though these remained more salient, implicit skills, as the
interviewees did not consciously reflect on them. These involved: (1) having good technical skills;
(2) having strategic thinking (tech-savvy was mentioned to be able to strategize better given the
bonus systems); (3) having good long-term (e.g. monthly) strategies for planning the work time
(including rests) and earnings; (4) an entrepreneurial spirit and experience; (5) earlier
experience of driving a regular taxi (though this might increase the expectations); (6)
responsiveness to keep up with the rating (such as checking if somebody gives a bad score and
try to improve the situation, as in adding more fresheners, when a bad smell is mentioned); (7)
resilience (given the dangers of the job, survive experiences of racism and criticism, e.g. for not
speaking good Estonian); (8) ability to build social capital and rely on professional networks.
It seems even fair that good technical skills are not mentioned in a straightforward way because
they are taken for granted. Responsiveness and resilience are reactive strategies related to self-
control: either doing something or refraining from something, they are about answering to
someone else’s needs. On the other hand, aspects such as building social capital include groups of
drivers meeting regularly [U_M_TLL_14], relying on friends who suggested the app in the first
place [U_F_TLL_13], discuss taxi-app related issues on the social media group [U_F_TLL_12], and
these are all indeed strategies for coping better in the field. But specific skills can be recognised
within these practices, and thus it is important to be aware of these.
The skills relevant for success in driving a platform taxi are practiced in the daily work, and are
also likely developed over the course of one’s engagement with the platforms. The drivers
specifically mentioned possibilities for learning languages and getting better over time at
recognising people. However, if any of this learning is taking place, this is specifically through
informal, self-planned, independent learning, supported by the desire to do their work better (=
most efficiently) and in response to feedback received through the rating systems.
It is important to note that some skills are not mentioned explicitly. The drivers do mention being
calm and polite, safe driving, good knowledge of the streets and excellent communication skills
with a good knowledge of languages, being friendly, listening, and avoiding troubles escalating.
However, there is a myriad of other, more implicit skills that are necessary, and that are being
developed during the customer-oriented ride-sharing experience. It seems that formal education
may or may not have prepared the drivers for these challenges, and if those with a higher
education have some advantages, these are more along the lines of being able to better plan and
strategize – but not necessarily in all cases.
The skills are on the whole also well in line with what is often portrayed as traditional taxi driving
skills, with perhaps a few exceptions: extra possibilities for the tech-savvy (emerging from
platform-economy specifics); strategic thinking and entrepreneurial spirit (compared to regular
taxi companies, each driver has more responsibility); responsiveness (vis-a-vis ratings);
resilience (since there is no one to protect and mediate). Coping with puzzling ratings, for
example, seems to require both resilience and responsiveness, but mostly requires drivers to be
calm and patient. The experience with ride-hailing platforms has also shown (some)
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customers/riders appreciate the skills that platforms could have made redundant by design:
verbal communication skills that require a common language (by design, the rides could also
occur without exchanging words) and knowing the city to navigate most efficiently (by design,
the apps provide the routes and maps to drive by). Relaxing those requirements may have
lowered the access barriers to bring new demographics and especially recent immigrants to the
ride-hailing scene, but as the riders are used to these perks, some seem to mourn their loss. While
new generations of digital native riders might get more used to the new standards, it seems that
top ratings may motivate many drivers (especially those from older generations or with earlier
experience from regular taxis) to keep up with these special features, thereby pushing up the
standards and, eventually, setting this as a new norm for the highest ratings.
Deskilling
The respondents had diverse educational backgrounds: there are those with only a secondary
level of education, those with higher education as well as those with master’s degrees or
equivalent, and some of the interviewed drivers were currently in their degree studies. Some had
a professional job, or have had it earlier. Some in our sample once took the taxi driver’s training
programme.
No one in the sample sees app driving as strongly contributing to their skills, or their CV in
general, and this is sometimes rather seen as eroding their human capital, as they do not make
use of all their skills and there is a lot of waiting time involved. The drivers do not see that they
make full use of their skill-set in this line of work, but they also do not feel that it intervenes in
the rest of their life:
I switch myself on exactly when I want, and also just like that I switch myself off exactly when I want. In this sense the job is rather easy, because then my brain is also switched off from the work and I do not have to think about it anymore [when I am switched off] (U_M_TLL_8)
Especially those with (previous) experience of driving for a regular taxi service or with a positive
image of this job from earlier, they see the de-professionalisation of the occupation. The following
quote shows how one interviewee discussed deskilling in the profession, discussing the loss of
requirements and necessary criteria for applying for a licence to be allowed to drive a taxi:
Four years ago, I applied for a taxi licence and there were tougher rules then, requiring training, taking exams, and… And I needed to prove my fluency in the Estonian language and some English… But now, nothing much is expected of you [to get the papers]! (U_M_TLL_12)
Some of the drivers admitted to breaking their own earlier stereotypical opinions of app-riders
only when joining the scene:
In the very beginning [of ridesharing starting in Estonia] people met in parks and talked, so I understood that the group of drivers is very diverse. I would say that in the beginning that stereotype of the full-time Uber driver I had was that he is like a loyal customer at a
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
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pawnshop, and he is in fact acting, well, for a system that enables him to still earn his own money, not from the creditors. [U_M_TLL_1]
On the individual level, it seems that the expertise required and collected for successful Uber-
driving goes rather unnoticed even by those in whose case this could be expected to be most clear
– those who have been active with the apps already for a longer time.
We could see indications during the interviews that a certain upgrading is possible through a
tech-savvy, rational approach (but not through using one’s voice to make suggestions to the
central office or protesting online) that would not be available in the regular taxi business.
Therefore, it may be that the most entrepreneurial souls with greater initial resources might find
ways to make the most out of this profession. At the other extreme, there are claims that drivers
do not see this as an earning possibility but rather as a way of life, committing themselves to the
philosophy of ‘sharing rides with others’ – and it may happen that sometimes these are the same
group. In between the two extreme approaches – making the most of the app or seeing it as a
lifestyle extension – there is the discourse about Uber being just one option to get by, perhaps
until something better comes up, and a sub-discourse where ride-hailing is presented as a way to
earn a little extra on a regular basis. For the different types of arguments, different sets of skills
seem crucial (see Table 3).
Table 3: The key skill sets for drivers according to their main motives for driving
Type Economic arguments prevailing Non-economic arguments prevailing
Sub- type Important source of income but only temporarily
Regular source of extra income
Making the most of the app (main or extra income, temporary or regular)
Lifestyle- discourse
Main feature
Would rather quit and earn money elsewhere
Would rather not need to earn extra, but is quite ok with earning this way
Tech-savvy strategic planning to platform- generated income
Ride-sharing philosophy
Key skills Politeness; ability to stay calm and patient; good self-control; being tidy and having a clean car; resilience; responsiveness to ratings
Technological skills Communication
Strategic planning, entrepreneurial spirit, good knowledge of the city
Recognising opportunities, entrepreneurial spirit
Description Getting by, doing your best: resilience and responsiveness become key skills
Some passion in the game, can use the app for self-expression: strategising, enjoying communication, choosing customers
Source: authors’ own analysis
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In fact, in some cases, the skills stepped in as a proxy for other dimensions: during the interviews
some of the drivers from the dominant socio-demographic group kept making reference to the
other socio-demographic groups, such as referring to visible minorities and recent immigrants
without any knowledge of the local language. However, rarely did those comments mention the
age or gender or even the ethnic or migration background of the others, and the criticism is rather
presented as a way of highlighting the lack of skills – most clearly, lacking knowledge of the
language and lacking the knowledge of the city (in terms of maps, routes, etc.).
2.3 Social protection
Social protection plays a central role in reducing and preventing poverty (e.g. via unemployment
insurance) and providing access to health care via health insurance. What are the strategies
platform taxi drivers use to access social security and which trade-offs do they face in their
choices? In this section we will look in detail at the grounds the drivers use for obtaining social
protection and how they make sense of their choices.
In our sample, we have a wide range of possible ways to obtain social protection. We have
interviewed drivers for whom the social tax contribution is paid outside of the platform work and
they are covered by health insurance and other aspects of social security from their main job or
because they are officially enrolled as students. We also interviewed drivers who make social
contributions and obtain coverage through platform labour using multiple apps, including Uber.
Finally, we also have one Uber driver who does not have health insurance in our sample. We
cannot make any conclusions about how many platform taxi drivers are without social security
coverage; however, we can open up the reasons behind their choices. One of the repeated
arguments was that “one can work for Uber if one has health insurance from somewhere else”.
These were people for whom platform work was a source of extra income alongside other
activities. For example, some were officially registered as students, while others had a main day
job and drove a platform taxi for extra income.
‘Students’
On the one hand, the students in our sample were from different ethnic backgrounds – foreign
students and local students with minority ethnic backgrounds. From a social status perspective,
however, they were a rather homogenous group. All were below 30 and were somewhat
privileged at least in our selection as being able to afford to own a car. It seemed that the
opportunity to have health insurance from the state, thus avoiding the necessity to pay social tax
contributions and having their own car made it possible to more easily find a balance between
the costs and benefits.
‘Extra income – patchwork’
Second, a very heterogeneous group of drivers combines this line of work with other income
sources: some lacked enough income from their main job and so drove a platform taxi out of
necessity, others were driving Uber for techno-optimistic reasons trying to keep up ‘the original
spirit of sharing the car while going in the same direction’. One common line in this group was
that they all drive around 10 hours per week and worry that the costs are too high and there is a
strong need to find a balance so as to earn something. One way for this is to avoid taxes or opting
to go without the mandatory car insurance for taxis (i.e. risking a fine) or other strategies used to
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find a balance and make driving beneficial economically. They constantly brought up that paying
taxes is a grey area, costs are too high to follow all the regulations. They are covered by social
protection either from their main job if they are employees or from their own company, which is
often a one-person business created to optimise the taxes. One specific type, who invest
considerable time in analysing how to optimise their outcomes, also emerges: techno-savvy tax
optimizers – they have developed detailed logic and strategies to make the most of the benefit
systems offered by Uber, Bolt or other platforms, trying to pinpoint the logic behind the
algorithmic management by optimising their work hours and timing and also finding ways to
reduce the tax load via their own small company.
‘App taxis as a source of social protection?’
In Tallinn, it is not possible to survive driving only one app. Thus, if driving platform taxi the only
source of income, drivers are simultaneously using multiple apps, next to Uber also Bolt, Yandex
and sometimes others. There are not enough clients available through Uber and the Uber market
is characterised by strong seasonality which depends on tourists, since locals use the other apps
more.
Everyone in our sample who pays their social tax from their taxi driving income drives at least 40
hours per week and in one case 60–70 hours per week. Several interviewees outlined that there
are many taxi drivers who work enormously over the normal workload and that Uber is the only
app on the market which requires a break after 12 hours of work. However, drivers can then drive
using other taxi apps.
There are different strategies to negotiate an income – some have their own car, some rent.
However, all are own-account workers and pay themselves a minimum salary (or slightly more)
to get health insurance, even if they actually earn a considerably higher income. It is not possible
to cover the costs related to the car, pay all the taxes and earn an acceptable amount; the
respondents repeatedly outlined that this needs a lot of balancing and finding trade-offs.
‘Without any social protection’
When drivers have to cover a lot of car expenses (like lease payments for a car), the income earned
through taxi platforms is not enough to cover even the minimum amount of social tax. As the case
of Jane (female, 48) shows, social tax contributions might be the first to be sacrificed and she
drives without social insurance. She is not worried about it and does not look for solutions as it
does not seem possible for her under the current circumstances. She stresses that the flexibility
of such work is a great asset and she sees the freedom in it. She works for multiple apps, including
Uber, and does not want any stickers on the car to indicate a specific company. As we have only
one case without health insurance, this is a possible area for further attention (see more from
Story-box 2 below).
Story-box 2: Carefree attitude towards platform taxi driver’s life despite social insecurities
Jane (female, 48, with secondary education) has been a platform taxi driver for around four years.
She started with the local platform Taxify (now Bolt), then joined Uber 2.5 years ago and currently
also uses another local app TaxiGo. Jane started based on the recommendation from friends who
knew she liked driving. Currently, taxi apps are her only source of income. Whereas working in
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the taxi industry was “like a flower” when she started four years ago, Jane emphasises that price
dumping due to competition between apps has been intense and made the life of drivers much
more difficult.
She likes the freedom to choose when and how much she works as well as communicating with
the clients and says she could not imagine having a nine-to-five job. Jane works mostly at nights,
about 16 to 20 hours a week. She starts from 10 or 11pm and drives until about 2 or 3am on
weekdays and until 6 or 7am on Friday and Saturday. Jane has chosen to drive at nights because
she feels that sitting in traffic jams does not pay off. She does not feel more threatened by the
clients because she is a woman. She feels she has sufficient experience to position herself in town
so that she has enough clients and also pays attention to large events and waits nearby to get
clients. To be a good taxi driver, Jane thinks that you need to know the city, speak different
languages and be polite. She stresses, you cannot really trust only the app to get you where you
need to go. She keeps an eye on the price coefficients to choose the app offering the best price but
when there is little work, she keeps all apps open in parallel. She rejects the attempts of different
apps to mark the cars with their logos and likes to leave herself the room to manoeuvre between
the apps.
Overall, Jane is satisfied with Uber, especially compared to the other apps: she thinks the Uber
pricing system works better; there is a working feedback system with the app administrator and
Uber keeps track of all documentation. The only thing Jane would like to change is to choose a
preferred area where she wants to work so she would not lose in activity score when refusing
clients far away. Jane also talks about low prices and fierce competition, but thinks this problem
would decrease if other platforms would also start requesting some documentation from drivers
as Uber does. Jane knows some other drivers and sometimes they discuss work. She also belongs
to the online forums of the apps she uses and once participated at a demonstration in front of the
office of Taxify/Bolt to protest against dynamic pricing. No one from the office came to talk to the
protesters; however, free pizzas were sent out to them. Jane has heard some talk about
establishing a union for the app-drivers, but until now no leaders for the movement have
appeared and she is doubtful if drivers are actually able to fight against taxi apps, as “/…/what damage could a small breeze do to the fence anyway /…/.
Jane drives a leased car, which will be hers in two years. Until then the payments for rent and
other expenses are quite high, so something has to give to make ends meet. A cost saving strategy
for Jane is to only pay income tax once a year (but not social security contributions). Although
this is a legal option in Estonia, paying only income tax is usually meant for those people who earn
extra (occasional) income this way and get social security coverage from alternative sources. As
taxi platforms are Jane’s only source of income (and she only pays income tax), she does not have
health insurance and she is not saving for a pension nor has she other social guarantees.
Nevertheless, she does not seem to be worried about that too much and is not looking for
alternative jobs. With her income, she also supports her mother who she lives with. She seems a
bit doubtful (maybe lacking enough information) about whether alternative ways of paying taxes
(e.g. through her own company or through the entrepreneur account for natural persons) might
be more reasonable options for her.
Therefore, registration in the public social security system varies among the interviewees. One
main pattern among the interviewees (albeit not generalizable to the whole population of Uber
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
45
or Bolt drivers) is that inclusion comes with the “main job”, a stable position in the labour market,
or as a result of a special condition granting access to the public health care system (e.g. health
problems, student status) or from their own small (usually one-person) company.
2.4 Perception of the impact of the pandemic
During the focus group interview on 6 November 2020, Uber drivers highlighted that the most
important development during the pandemic was the further diminishing role of Uber in Tallinn.
The drivers agreed that the number of clients has decreased on all platforms, but Uber has
become an especially marginal player in the field. This is firstly related to their clients being
overwhelmingly tourists: ‘the road to the airport is getting grassy’, as one of the Uber drivers put
it. Furthermore, the drivers contemplated whether Uber has ‘given up’ on Tallinn: they closed
their Tallinn office in May 2020. Communicating with Uber is now done via the Polish office, which
is rather difficult for the drivers – answers can take several weeks. What is more, as no office
worker is aware of the actual situation in Tallinn, they seem to be detached from the local market
realities and, as the drivers argued, both Uber and the drivers lose.
Another effect of the pandemic was decreased rates for rides by all of the taxi platforms: Uber was
the last to lower them, but they still did. One of the drivers emphasised that related to the
decreased number of clients (and lack of some client groups), drivers who want to earn a decent
income also have had to change their driving time strategies. It seems this has reduced the
working time flexibility even more: certain hours that previously enabled them to earn decently
(like times when flights and ships left) do not anymore. It also means that driving via taxi
platforms is increasingly difficult to do as a side-job, as your main job requires you to be present
at specific times.
Uber drivers also emphasised that Airbnb actually operates as a free market platform, as hosts
can set their own prices, but taxi platforms do not, as prices are set for them. Furthermore, the
drivers seemed to feel the increasing amount of control exercised over them that can end in
platforms blocking drivers without due process. As one of the participants explained:
I had a situation recently. The client made a complaint, gave me a rating of 1: the driver is not wearing a mask. I got a letter from Uber saying that one more complaint about not wearing a mask, and it will be the end [you will be blocked].
Although Uber informs the drivers regularly that wearing masks is mandatory (unlike other taxi
platforms), in Estonia wearing it during the time of the focus group was still rare, even in the
service sector. Another driver has had the opposite experience with clients: he wears a mask and
some associate this with him being ill. He also stated that the only thing the driver actually can
choose is whether to drive or not, everything else is controlled by the platform:
All the platforms try to wriggle out of being employers. If you look at the contract, what is written there: the platform is basically absent. Everything is the responsibility of the driver. They [the platform] do not know anything. In practice, if you make a couple of ‘wrong moves’, you will get [no orders, or even blocked from the platform].
One of the drivers in a focus group emphasised that Uber does offer some kind of health insurance
related to Covid if you have ‘diamond driver’ status and you get a doctor’s notice that you have
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
46
Covid-19 (and, possibly, also some other health issues), but the drivers all seemed to be sceptical
about whether it would actually be possible to get this. Luckily, none of the focus group
participants had fallen ill with Covid-19, or at least they did not mention it and when asked if a
lot of drivers have been ill, they did not think so.
To sum up, it seems that platforms were seen by the focus group participants as untrustworthy
partners, as they do not consider the driver’s feedback, and their systems, even if in place, do not
function properly (especially after Uber shut down the local office). This scepticism towards the
platforms might have increased during the pandemic, as generally the world can seem a bit more
insecure. Nevertheless, the drivers were not very demanding towards the platforms, but just
wanted them to ‘play fair’: at least to establish some kind of due process, as currently the fear of
just getting blocked was strong (two of the participants were actually already blocked by Bolt, as
they spoke out against some practices of that platform). In general, we can conclude that the
workers were undergoing difficult times because of the pandemic situation.
2.5 Alternatives to the current status quo
Although the interviewees did not highlight many possibilities that they saw to improve their
situation as (platform) taxi drivers, there were some ideas brought up that might deserve further
discussion. Although the collective mobilisation of platform workers as a way to improve their
working standards was one of the topics brought up by some drivers, we already discussed the
difficulties or particular barriers related to unionisation in Tallinn. As one interviewee
mentioned, she has heard of some talk about establishing a union for the app drivers, but until
now no trustworthy leaders for the movement have appeared. She does not feel very positive
about the benefits it could bring, as she states “what damage could a small breeze do to the fence!”
[U_F_TLL_13], likening potential unionising efforts to a breeze that could not possibly alter the
general course of social norms and practices. While she seems to at least want such a breeze to
turn into a more serious storm, the extreme capitalist viewpoint of another driver, who favours
minimal regulations and interference by the state, sees no possibility for any collective action
against the platforms. Instead, he sees the possible unionisation efforts as an opportunity for
those not involved to earn more, stating:
Being a taxi driver is a cowboy-like job. You are alone really /…/ Everything depends on yourself. [U_M_TLL_15]
Although the app drivers saw that many taxi clients are extremely price sensitive, so that even a
tiny price difference matters to them, it was still highlighted that a fixed price floor for rides might
be one option to end the downward spiral of prices:
…like price ceilings, price floors should be established, so that the driver could ask for fair fee. [U_M_TLL_5]
What else, beyond setting price floors, could help fairer practices to emerge? The idea of a city-
supported communal taxi-app was introduced:
Well, there could be a commonly administered application, whereby the city pays the drivers directly and then the drivers are driving as public transport. It would be free of charge for the customer, as I would not need this one euro from them. The city could pay
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
47
the wages and other costs. Now, of course, this will not happen, I am sure. But I wanted to simply mention it. [U_M_TLL_9]
This is to be understood partly in the context of free public transport, which is the case in Tallinn.
Therefore, the idea would be to turn the private entrepreneurs (or at least some of them) into
public service providers. Interestingly, of course, this also points to the idea of someone securing
the cost of living – and the dignity of the driver’s work would be restored. This also shows the
view of drivers who would like to drive, or would not mind driving, but find it unfairly paid.
Another solution to restore the dignity of the taxi driver’s profession involves the idea that given
driverless cars in the future, the job of drivers will become redundant altogether. Another
example drivers mentioned asked why shouldn’t rental cars be cheaper than ride-hailing because
“you only exploit the car, not the car with a driver” [U_M_TLL_5]. The need to share cars would be
there in both cases, whether with driverless cars or with ride sharing, as according to that
interviewee, more and more people understand that it is not feasible to own a car, or at least it is
not worthwhile to drive it in the city, for example, because of traffic jams and difficulties related
to parking. The interviewee also pointed out that according to his observations, ride-hailing has
not increased traffic in the city – there is no more demand for rides. To develop the idea further,
if giving up private cars could mean there are less cars in cities, this might also mean more
environmental sustainability at some point, as well as restoring the dignity of the drivers.
Perhaps more options should become available even in public discourse for other solutions to be
realised.
PLATFORMISATION OF TALLINN’S TAXI INDUSTRY
48
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December 2019
Social Europe
Study to gather evidence on the working conditions of
platform workers VT/2018/032
Final Report
13 December 2019
CEPS, EFTHEIA, and HIVA-KU Leuven
Authors:
Zachary Kilhoffer, Willem Pieter De Groen (CEPS)
Karolien Lenaerts, Ine Smits (HIVA KU-Leuven)
Harald Hauben, Willem Waeyaert and Elisa Giacumacatos (EFTHEIA)
Jean-Philippe Lhernould (University of Poitiers)
Sophie Robin-Olivier (Sorbonne University)
EUROPEAN COMMISSION
Directorate-General for Employment, Social Affairs and Inclusion Directorate B - Employment Unit B2 – Working conditions
Contact: [email protected]
European Commission B-1049 Brussels
European Commission Directorate-General for Employment Social Affairs and Inclusion
Directorate B
2019
Study to gather evidence on the working conditions of
platform workers VT/2018/032
Final Report
10 November 2019
CEPS, EFTHEIA, and HIVA-KU Leuven
Authors:
Zachary Kilhoffer, Willem Pieter De Groen (CEPS)
Karolien Lenaerts, Ine Smits (HIVA KU-Leuven)
Harald Hauben, Willem Waeyaert and Elisa Giacumacatos (EFTHEIA)
Jean-Philippe Lhernould (University of Poitiers)
Sophie Robin-Olivier (Sorbonne University)
This Final Report presents a deliverable for the “Study to gather evidence on the working conditions of platform workers”, funded by the Directorate-General for Employment, Social Affairs and Inclusion of the European Commission (VT/2018/032). This project was awarded to the consortium composed of CEPS, Eftheia, and HIVA-KU Leuven. The consortium gratefully acknowledges the funding of the European Commission in carrying out this research.
The authors would like to thank Ivana Vukorepa (University of Zagreb), Martin Risak (University of Vienna), Six Silberman (IG Metall), Antonio Aloïsi (Bocconi University), Jovana Karanovic (Vrije Universiteit Amsterdam),
Leonie Westhoff (CEPS), Bartłomiej Bednarowicz (University of Antwerp) and the members of the EC DG EMPL
Steering Group for this study for their valuable contributions to and review of this report. Furthermore, the authors are grateful to the legal and socio-economic experts who prepared the national contributions.
LEGAL NOTICE
Manuscript completed in December 2019
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Luxembourg: Publications Office of the European Union, 2020
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Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU (OJ L 330, 14.12.2011, p. 39). For any use or reproduction of photos or other material that is not under the EU copyright, permission must be sought directly from the copyright holders.
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ABSTRACT
Platform work is a type of work using an online platform to intermediate between
platform workers, who provide services, and paying clients. Platform work seems to be
growing in size and importance. This study explores platform work in the EU28, Norway
and Iceland, with a focus on the challenges it presents to working conditions and social
protection, and how countries have responded through top-down (e.g. legislation and
case law) and bottom-up actions (e.g. collective agreements, actions by platform
workers or platforms). This national mapping is accompanied by a comparative
assessment of selected EU legal instruments, mostly in the social area. Each instrument
is assessed for personal and material scope to determine how it might impact such
challenges. Four broad legal domains with relevance to platform work challenges are
examined in stand-alone reflection papers. Together, the national mapping and legal
analysis support a gap analysis, which aims to indicate where further action on platform
work would be useful, and what form such action might take.
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ABBREVIATIONS
AMT Amazon Mechanical Turk
AT Austria
BE Belgium
BG Bulgaria
CJEU Court of Justice of the European Union
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
e.g. for example
EC European Commission
EE Estonia
EL Greece
EP European Parliament
EPSR European Pillar of Social Rights
ES Spain
ESIP European Social Insurance Platform
ETUI European Trade Union Institute
EU European Union
EU-OSHA European Union Occupational Safety and Health Association
FAU Freie Arbeiterinnen- und Arbeiter-Union [Free Workers Union]
FI Finland
FNV Federatie Nederlandse Vakbeweging [Federation of Dutch Trade Unions]
FR France
GDPR
General Data Protection Regulation: Regulation of the European Parliament and of
the Council n. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
HR Croatia
HU Hungary
i.e. in other words
ICT Information and communications technology
IE Ireland
IG BAU Industrielle Gewerkschaft Bauen-Agrar-Umwelt [Trade Union of Construction, Agriculture and Environment]
IG Metall Industriegewerkschaft Metall [German Metalworkers' Union]
IGAS Inspection générale des affaires sociales [General Inspectorate of Social Affairs]
ILO International Labour Organization
IRES Institute of Economic and Social Research
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IT Italy
JRC Joint Research Centre of the European Commission
LT Lithuania
LU Luxembourg
LV Latvia
MS Member State (of the European Union)
MT Malta
NGG Gewerkschaft Nahrung-Genuss-Gaststätten [Food, Beverages and Catering Union]
NL Netherlands
OECD Organisation for Economic Co-operation and Development
op.cit the work cited
OSH Occupational safety and health
P2B
Platform to Business Regulation: Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L186/57
11.07.2019)
PL Poland
PT Portugal
RO Romania
SE Sweden
SEK Swedish krona
SI Slovenia
SK Slovakia
STEM Science, technology, engineering and mathematics
TFEU Treaty on the Functioning of the European Union
UK United Kingdom
UNECE United Nations Economic Commission for Europe
WES Work, Employment and Social Relations model
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GLOSSARY
Term Definition
atypical contracts
Contracts that do not conform to those in standard work. Examples include part-time, fixed-term, temporary, casual and seasonal work contracts
atypical employment/work See non-standard employment/work
bogus self-employment
Business activities that do not include any managerial or proprietary tasks and which possess the attributes of an employment relationship
but without entitlement to the corresponding labour law protections 1
clickworkers Platform workers who engage in small-scale and repetitive online work, such as tagging images
collaborative economy A term sometimes used instead of platform economy, sometimes with normative or non-economic connotations
crowdwork(ing) A type of platform work where clients place an open call for services to a large, global body of potential crowdworkers
employee A worker that is in a contractual employment relationship with another person (an employer) in return for remuneration
employer A natural or legal person that is bound by one or more natural persons (employees) via an employment contract
employment contract
The contract that formalises the employment relationship between an employee and employer: characterised by the subordination of an
employee to an employer
employment relationship
The relationship characterised by an employment contract or service
contract between the employer and employee
food delivery riders A type of platform worker providing services intermediated by a food delivery platform such as Deliveroo, Foodora, or UberEats
genuine self-employment
When the contractual status and factual characteristics of a natural person's work are both self-employment: distinguished from bogus self-employment
homeworker One who performs work from home or other premises of their choosing, creating a product or service specified by an employer
independent contractors
A person contracted to provide services to another entity as a non-
employee
intermediary A person, business, or function that serves to connect one or more entities to facilitate exchange of information, goods or services
job quality
A multi-disciplinary, multidimensional concept that is generally understood as ‘the extent to which a job has work and employment- related factors that foster beneficial outcomes for the employee, particularly psychological well-being, physical well-being and positive
attitudes such as job satisfaction’ 2
non-standard employment/work Work that diverges in one or more aspects from standard work
online labour platform A term sometimes used to distinguish a platform (as in platform work)
from other sorts of platforms. For example, Facebook and Uber are
1 See Eurofound (2008)
2 Holman (2013)
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both online platforms, but only the latter is an online labour platform
online platform An online service that facilitates communication between one or more parties, especially to exchange services for payment
platform An online platform on which services are exchanged for payment (unless otherwise specified)
platform economy Economic and social activity facilitated through online platforms
platform work
All labour provided through, on, or mediated by online platforms in a wide range of sectors, where work can be of varied forms, and is provided in exchange of payment
platform worker A natural person providing platform work
self-employment
A broad set of labour practices wherein a natural person earns income
without an employment relationship with an employer; both bogus
self-employment and genuine self-employment are types of self- employment.
sharing economy
A term sometimes used instead of platform economy, sometimes with normative or non-economic connotations, and sometimes referring specifically to 'sharing' goods or services through an online platform
standard employment/work
Employment relationships between a natural person (employee) and a natural or legal person (employer) that are indefinite (open-ended) and full-time
traditional employment/work
Employment relationships between a natural person (employee) and a
natural or legal person (employer) that are indefinite (open-ended) and full-time, especially prior to the platform economy
worker
Anyone who performs work for pay, regardless of employment status, and without legal connotations (unless otherwise specified, especially in discussions of EU law)
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CONTENTS
Abstract ............................................................................................................... 5
Abbreviations ....................................................................................................... 6
Glossary............................................................................................................... 8
Table of Boxes, Figures and Tables ........................................................................ 13
Executive Summary ............................................................................................. 15
1. Introduction .............................................................................................. 25
1.1 Previous key research and main findings .................................................... 25
1.2 Knowledge gaps and research objectives ................................................... 26
1.3 A need for EU action? .............................................................................. 27
1.4 Structure of the study ............................................................................. 28
2. Methodology .............................................................................................. 29
2.1 Research questions and data collection .......................................................... 29
2.1 Data analysis .......................................................................................... 32
2.2 Quality control ........................................................................................ 33
2.3 Limitations and constraints ....................................................................... 33
3. Conceptualisation of platform work .............................................................. 35
3.1 Standard and non-standard employment ................................................... 35
3.2 Conceptualisation of ‘worker’ .................................................................... 37
3.3 Conceptualisation of platform work(er) ...................................................... 39
Typology – distinguishing types of platform work ..................................... 40 3.3.1
Size, prevalence, and expected evolution of platform work in the EU .......... 42 3.3.2
4. Challenges for platform workers ................................................................... 48
4.1 Framework ............................................................................................. 48
4.2 The work dimension ................................................................................ 52
Autonomy in the allocation of tasks ........................................................ 53 4.2.1
Autonomy in work organisation .............................................................. 54 4.2.2
Surveillance, direction and performance appraisal .................................... 55 4.2.3
Task complexity ................................................................................... 57 4.2.4
Work intensity and speed pressure ......................................................... 58 4.2.5
Emotional demands .............................................................................. 59 4.2.6
Physical environment ........................................................................... 60 4.2.7
In short: challenges related to the work dimension .................................. 62 4.2.8
4.3 The employment dimension ...................................................................... 65
Employment status .............................................................................. 65 4.3.1
Determination of the employer in platform work ...................................... 67 4.3.2
Contracts: type of employment contract, contractual information provision 4.3.3 and termination of the employment contract ..................................................... 68
Social protection .................................................................................. 69 4.3.4
Earnings: price-setting, wages and additional fees ................................... 70 4.3.5
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Working time ....................................................................................... 73 4.3.6
Career opportunities ............................................................................. 75 4.3.7
Training and skills ................................................................................ 77 4.3.8
In short: challenges related to the employment dimension ........................ 78 4.3.9
4.4 The social relations dimension .................................................................. 82
Representation .................................................................................... 82 4.4.1
Participation in decision-making ............................................................. 84 4.4.2
Supportive management and social support ............................................ 86 4.4.3
Adverse social behaviour and equal treatment ......................................... 86 4.4.4
In short: challenges related to social relations ......................................... 88 4.4.5
4.5 Other challenges ..................................................................................... 91
Undeclared work .................................................................................. 91 4.5.1
Cross-border work ............................................................................... 92 4.5.2
Data protection .................................................................................... 93 4.5.3
In short: challenges related to the other indicators .................................. 95 4.5.4
4.6 Summary of the challenges for platform work ............................................. 95
5. National tools and responses to platform work challenges ............................... 97
5.1 Conceptual/theoretical framework ............................................................. 97
5.2 Mapping of national tools and responses .................................................... 98
5.3 Top-down responses and tools .................................................................. 99
Legislation .......................................................................................... 99 5.3.1
Case Law .......................................................................................... 108 5.3.2
Administrators and inspectorates ......................................................... 113 5.3.3
5.4 Bottom-up tools and responses ............................................................... 115
Collective agreements ........................................................................ 115 5.4.1
Platform worker organisation ............................................................... 117 5.4.2
Platform actions ................................................................................. 118 5.4.3
5.5 Other tools and responses ...................................................................... 120
6. Instruments and actions at EU level ........................................................... 122
6.1 Analysis of relevant EU legislation ........................................................... 123
EU labour and social protection legislation ............................................. 123 6.1.1
Working conditions ............................................................................. 141 6.1.2
Collective labour rights ....................................................................... 152 6.1.3
Social protection ................................................................................ 157 6.1.4
The P2B Regulation ............................................................................ 166 6.1.5
Platform work and the General Data Protection Regulation ...................... 172 6.1.6
Preliminary conclusions ....................................................................... 176 6.1.7
6.2 Other EU actions ................................................................................... 194
Communications ................................................................................ 194 6.2.1
Information gathering and dissemination .............................................. 194 6.2.2
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European Pillar of Social Rights ............................................................ 196 6.2.3
European Labour Authority .................................................................. 196 6.2.4
Case Law .......................................................................................... 198 6.2.5
Preliminary conclusions ....................................................................... 198 6.2.6
7. Gap analysis: which challenges remain to be addressed? .............................. 199
7.1 Conceptual framework ........................................................................... 199
7.2 Responses to platform-specific challenges ................................................ 202
Autonomy in the allocation of tasks ...................................................... 202 7.2.1
Physical environment ......................................................................... 203 7.2.2
Surveillance, direction and performance appraisal .................................. 204 7.2.3
Contracts .......................................................................................... 205 7.2.4
Determination of employer .................................................................. 206 7.2.5
Data protection .................................................................................. 207 7.2.6
7.3 Responses to challenges common in other forms of non-standard work ....... 208
Employment status ............................................................................ 208 7.3.1
Representation .................................................................................. 209 7.3.2
Social protection ................................................................................ 210 7.3.3
Earnings ........................................................................................... 212 7.3.4
Working time ..................................................................................... 213 7.3.5
Undeclared work ................................................................................ 214 7.3.6
7.4 Responses to challenges found in the general labour market ...................... 214
Autonomy in work organisation ............................................................ 214 7.4.1
Adverse social behaviour and equal treatment ....................................... 215 7.4.2
Cross-border work ............................................................................. 216 7.4.3
7.5 Summary: challenges that are not fully addressed at national/EU level ........ 217
8. Conclusions and policy pointers ................................................................. 219
8.1 Takeaways from the gap analysis ............................................................ 219
8.2 General conclusions and policy implications .............................................. 220
Bibliography ..................................................................................................... 225
Reflection Paper 1 .......................................................................................... 237
1. Introduction ......................................................................................... 238
2. EU competition law and the right to collective bargaining ........................... 239
2.1 The Albany case: The right to collective bargaining for employees as an ‘exception-to-the-rule’ approach ................................................................... 239
2.2 The FNV Kunsten Informatie case: the right to collective bargaining for
‘false self-employed’ persons ........................................................................ 240
3. Collective rights for platform workers in Member States .................................. 243
3.1 Statutory law ......................................................................................... 244
3.2 Collective agreements............................................................................. 247
3.3 Other trade union initiatives .................................................................... 248
3.4 Grassroot organisations’ initiatives ........................................................... 249
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3.5 Action by platforms ................................................................................ 250
Some preliminary conclusions .......................................................................... 250
Reflection Paper 2 .......................................................................................... 253
1. Algorithmic management in the platform economy .................................... 254
1.1 General considerations ....................................................................... 254
1.2 Impact on employment or labour market status classification .................. 255
2. The GDPR and its implications for platform workers ................................... 255
2.1 The right to access personal data (Article 15 GDPR) ............................... 256
2.2 The right not to be subject to a decision based solely on automated processing (Article 22 GDPR) ........................................................................ 258
2.3 The right to data portability ................................................................. 261
2.4 Discriminatory biases underlying the algorithm ...................................... 264
Annex I: Synopsis Report of consultations ............................................................ 266
Overview of fieldwork activities ........................................................................ 266
Summary of findings from fieldwork activities .................................................... 267
Annex II: A note on what is not platform work ...................................................... 276
TABLE OF BOXES, FIGURES AND TABLES
Box 1: The Fairwork Framework: a job quality framework tailored to platform work .... 50 Box 2: Price setting in platform work ..................................................................... 72 Box 3: Platform work, collective bargaining and EU competition law .......................... 83 Box 4: Platform cooperatives: comparing TaskRabbit with Loconomics ....................... 85 Box 5: Licensing requirements for drivers ............................................................ 100 Box 6: The Lazio region's platform work law ......................................................... 101 Box 7: Belgium's special tax categories ................................................................ 105 Box 8: Denmark's collective agreements for platform work ..................................... 114
Figure 1: Challenges summary .............................................................................. 16 Figure 2: Conceptualisation of standard employment ............................................... 35 Figure 3: Conceptualisation of platform work .......................................................... 39 Figure 4: Typology of platform work ...................................................................... 41 Figure 5: Revenues and transaction values facilitated by collaborative
economy platforms in Europe ............................................................................... 46 Figure 6: Example of AMT 'Mechanical Turk Masters' ................................................ 56 Figure 7: Stylised representation of work challenges for different types of
platform work ..................................................................................................... 64 Figure 8: Stylised representation of work challenges for different types of
platform work ..................................................................................................... 64 Figure 9: Stylised representation of employment challenges for different types of
platform work ..................................................................................................... 81 Figure 10: Stylised representation of employment challenges for different types of
platform work ..................................................................................................... 81 Figure 11: Stylised representation of social relations challenges for different types of
platform work ..................................................................................................... 90 Figure 12: Stylised representation of social relations challenges for different types of
platform work ..................................................................................................... 90 Figure 13: Summary chart of the challenges facing platform work (by level of
specificity).......................................................................................................... 96
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Figure 14: National responses summary ................................................................. 99 Figure 15: Graphic expression of conceptual framework gap analysis ....................... 199
Table 1: Summary of gap analysis ......................................................................... 23 Table 2: Addressing research questions ................................................................. 30 Table 3: Platform worker prevalence estimate as percentage of population
16-74 years ........................................................................................................ 44 Table 4: Self-reported employment status by platform work type .............................. 45 Table 5: Comparison of the WES model with other job quality frameworks and their
definitions and indicators ..................................................................................... 49 Table 6: Overview of job quality models developed in different fields ......................... 50 Table 7: Adjusted WES model ............................................................................... 51 Table 8: Summary table of challenges related to the work dimension ........................ 63 Table 9: Summary table of challenges related to the employment dimension .............. 79 Table 10: Summary table of challenges related to the social relations dimension ......... 89 Table 11: Summary table of challenges related to undeclared work, cross-border
platform work and data protection ......................................................................... 95 Table 12: Summary table of the challenges facing platform work
(by level of importance) ....................................................................................... 96 Table 13: Overview of factors indicating whether a platform worker is employee
or self-employed ............................................................................................... 104 Table 14: List of relevant EU legislation in the area of working conditions and
social protection ................................................................................................ 123 Table 15: Personal Scope as defined in EU legislation ............................................ 126 Table 16: Comparison between the Directive on transparent and predictable
working conditions and the P2B Regulation ........................................................... 169 Table 17: Overview of working conditions and social protection of platform
workers as protected by EU legislation ................................................................. 188 Table 18: Most important challenges for platform workers ...................................... 199 Table 19: Frequency of national responses to most important challenges ................. 200 Table 20: Gap analysis assessment key ............................................................... 202 Table 21: Summary of gap analysis ..................................................................... 218 Table 22: Participants in semi-structured interviews .............................................. 269 Table 23: Participants in country focus groups ...................................................... 272 Table 24: Participants in the validation workshop .................................................. 275
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EXECUTIVE SUMMARY
Introduction
Platform work is a small but diverse and seemingly growing form of labour.
Platform work differs from many traditional patterns of work, and while it may increase
labour market access and lead to innovation and entrepreneurship, and in so doing help
achieve EU policy objectives, it also challenges existing labour and social law
frameworks. European policymakers and stakeholders have highlighted the need for
better understanding of platform work so its potential can be maximised and its harms
minimised.
Against this background, this study combines fieldwork and desk research, and both
legal and socioeconomic perspectives, for each of the 28 EU Member States, plus Norway
and Iceland, as well as for the EU level. The primary goal is to assess, in view of the
particular challenges faced by platform workers, whether EU action is required
to improve their working conditions and social protection, and if so, what form
such action could take.
Conceptualisations
Platform work is understood as all labour provided through, on, or mediated by
online platforms in a wide range of sectors, where work can be of varied forms,
and is provided in exchange for payment. It features a triangular relationship
between platform, platform worker and client, using online intermediation. The
intermediation largely uses technology and algorithms, is often intransparent, and may
significantly affect working conditions, for example, by its impact on the allocation and
organisation of work, and the evaluation of platform workers. This ‘black box of
intermediation’ is a distinguishing feature of platform work.
Platform work refers to very heterogeneous forms of work. We can distinguish between
platform work types based on three primary factors:
Location: whether a task is performed online (from anywhere with an internet connection) or on-location;
Complexity: higher- or lower-skill requirements;
Allocation of work: primarily determined by platform, platform worker, or
client.
Platform work can be grouped with other types of non-standard work or self-
employment. Non-standard work refers to arrangements that diverge from a full-time,
open-ended employment contract with one employer. Platform workers rarely have an
employment contract with the platform and are mainly considered self-employed in
practice. This self-employment can be bogus or genuine, but it is often difficult to
distinguish between them, and there may also be differences across countries, types of
platform work, and even individuals using the same platform in the same city.
The size or prevalence of platform work is much debated and estimates vary widely.
According to the COLLEEM II survey data3 for 16 EU countries, an average of 11% of the
adult population has performed platform work at least once. Those who rely on platform
work for their main income are far fewer, averaging 1.4% of adults. The most common
platform work tasks include online clerical and data entry. Men are much more likely to
perform transportation and delivery services, while women perform more translation and
certain on-location services (e.g. housekeeping or beauty services). The survey also
3 JRC’s COLLEEM II survey
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finds that those performing platform work as a primary or secondary occupation
(relying on it for a large proportion of their income) are less likely to be employees
than those performing platform work sporadically. Platform workers’ employment status
is often unclear even to the platform workers themselves, which means that self-
reporting of status can affect the reliability of aggregate data.
The future trajectory of platform work is also much debated. Available data and expert
opinion suggests the total number of platform workers is growing and likely to continue
to do so, with demand for certain services (e.g. training AI, care for the elderly or
childcare) likely to grow more than for others (e.g. tasks more prone to automation, and
food delivery or personal transport services). Moreover, certain characteristics of
platform work are becoming more common in the overall labour market (e.g. algorithmic
management).
Challenges for platform workers
The challenges related to the working conditions and social protection of platform
workers are mapped in accordance with a job-quality framework based on the Work,
Employment and Social Relations (WES) model.4 This model consists of three
dimensions: work, employment, and social relations. We also consider ‘other’
challenges relevant to platform work.
Potential challenges facing platform workers were assessed and summarised by their
significance (high, medium, low, or none), what types of platform work seem most
affected, and their specificity (specific to platform work, common for non-standard
work, or present in the general labour market). Figure 1 shows how many of these
challenges are not specific to platform work.
Figure 1: Challenges summary
Challenges were found to vary a great deal across different types of platform work. For
example, the physical environment differs for online and on-location forms of platform
work, and autonomy in work organisation changes depending on whether the client,
platform, or platform worker determines which tasks are performed, when and how. The
4 Lamberts, M. et al. (2016), Jobkwaliteit in België in 2015. Analyse aan de hand van de European Working
Conditions Survey EWCS 2015 (Eurofound), HIVA Onderzoeksinstituut voor Arbeid en Samenleving; Leuven
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importance given to particular challenges also varies across countries, depending on
their policy and legal frameworks. For example, social protection may be a greater
challenge in countries where the self-employed have significantly less statutory coverage
than employees. A summary of the WES dimensions and significant platform work
challenges (of high or medium importance) follows.
The work dimension primarily concerns job content, working conditions and work
organisation, which impact physical and psychological risks for the platform worker. The
use of technology, apps and algorithms particularly affects this dimension, which
therefore contains certain challenges more specific to platform work.
Of highest concern for platform workers are the challenges of autonomy in the allocation
of tasks; of surveillance, direction, and performance appraisal; and of physical
environment. Autonomy in work organisation is assessed to be of medium concern.
The employment dimension relates to the formal context in which a platform worker
performs tasks, such as their employment status, the nature and content of their
contract with the platform, the level of social protection, and the composition of their
earnings. It also entails issues that directly affect a platform worker’s personal life, such
as working time, training and career opportunities. This dimension contains some of the
most discussed challenges of platform work, including employment status, social
protection and earnings, which are also significant issues in non-standard work.
The challenges of highest concern are employment status, determination of employer,
and contracts (including type, termination, and provision of contractual information). The
medium concern challenges are social protection, earnings (including wages, fees and
price setting), and working time.
The social relations dimension concerns social relations and interactions, social
dialogue and representation at work, both formally and informally. Social support is an
important resource for the well-being of platform workers that can help achieve work-
related goals, encourage personal growth and compensate for job demands. These
challenges are mostly common to non-standard work.
Two challenges in this category are assessed as significant for platform workers:
representation (high concern), and adverse behaviour and social treatment (medium
concern). Notably, the latter is also a concern in the general labour market.
The ‘other’ dimension covers challenges that do not fit within the previous categories
but are nevertheless important for platform workers: undeclared work, cross-border
issues, and data protection. Each is assessed as a medium challenge, but these are
some of the least understood issues in platform work.
National tools and responses to platform work challenges
Mapping national responses to platform work helped us understand which strategies
exist and how effective they are. Responses were listed by category, with legislation,
case law and administrator/inspectorate action constituting top-down responses, and
collective agreements, platform actions, and platform worker actions considered
bottom-up responses. Descriptive data for each response was also provided, such as
who initiated the response, the degree of implementation, and so on.
There were 177 responses from the 30 countries, including regional and local
levels. The number of responses varied widely from country to country, from zero to
nineteen. This variation may reflect how some countries consider platform work to be
less of a challenge, or have adopted a ‘wait and see’ approach, or that some gave fewer
but more wide-reaching responses. In some countries (e.g. Iceland, Malta, and
Bulgaria), platform work has hardly registered as a topic of concern, whereas in others
(e.g. Spain, Germany, Italy, and France) numerous stakeholders have taken concerted
action. Most responses concerned employment status (54), representation (46),
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earnings (32), and social protection (31), indicating that policymakers and social
partners are likely to be especially aware of challenges in these areas.
Top-down responses
National legislation specific to platform work is very rare in the EU28, Iceland and
Norway. Working conditions and social protection of platform workers do not generally
constitute the direct material scope of national statutory legislation. France is the only
country that has enacted national legislation with a view to improving the labour and
social rights of platform workers.5
Other recent national legislation has indirectly tried to regulate working conditions and
social protection of platform workers, either through defining the employment status of
the platform workers, by regulating the working conditions and social protection for
persons in non-standard employment, or by strengthening rights and protection of the
self-employed. Such legislation mostly concerns specific business sectors, such as
personal transportation services (provided by platforms such as Uber) and food delivery
services (from platforms such as Deliveroo).
Rather than focusing on working conditions or social protection, national legislation
has, especially initially, primarily aimed to ensure fair competition and effective
market functioning in specific market segments such as personal transportation. Two
main approaches entail deregulating the traditional business sectors, and explicitly
applying existing standards and requirements to the new (platform) entrants. National
legislation may also focus on proper registration of platforms and taxation for
platform work alongside other sources of income.
Case law on platform work was reported in 16 of the 30 surveyed countries.
Many cases are ongoing, and many rulings are being appealed, so it is difficult to draw
clear and firm conclusions. Initially, numerous cases in national courts concerned
competition law issues and the personal transport sector. Most court cases
considered whether the services provided by Uber or similar platforms amount to
taxi/transport services, or those with different standards and requirements, for example
limousine or information society services.
National labour courts play a key role in defining the employment status of
platform workers, with many cases ruling on this, especially those providing personal
transport and food delivery services. However, courts have reached different conclusions
from similar evidence. These contradictory rulings reflect the different facts and
arguments raised in court, and the discretionary power of labour judges, who assess
facts on a case-by-case basis. Overall, national case law has thus far only modestly
improved clarity on employment status of platform workers.
Inspectorates and administrators have targeted undeclared work, social
protection contributions and coverage, safe working conditions and even
employment status, with authorities in Belgium, Denmark, France, Sweden and the UK
particularly active. However, inspectorates often struggle to address platform work,
which typically occurs in private spaces (homes) or dispersed public spaces (city
streets), rather than a ‘normal’ static workplace.
Bottom-up responses
Bottom-up responses focus more on the challenges of representation, earnings,
physical environment and working time, and especially involve food delivery.
Eight formal collective agreements between platforms and platform workers
were identified, with more pending. In several cases trade unions (e.g. Germany’s
5 Given the timeframe of the study, some of the most recent developments at national level (e.g. in some
sectors late 2019 in Italy) could not be included and analysed – demonstrating the fast-changing nature of the policy and regulatory framework of platform work.
Study to gather evidence on the working conditions of platform workers
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NGG and IG BAU, and the Norwegian Transport Union) assisted platform workers in
organisation and negotiations, while in other cases platform workers organised
independently. These agreements cover a single platform, groups of similar platforms in
a country, or even national sectoral level (e.g. logistics).
Platform workers have organised strikes and demonstrations to improve
working conditions. Some have also created or joined cooperatives and collectives
(e.g. the Koeriers Kollektief [Courier’s Collective] in Belgium and cooperative SMart in
multiple countries). These aim to improve the collective voice and social protections,
among other goals.
Some platforms have taken action to address working condition challenges
faced by platform workers, or manage criticism of their practices. Several platforms have
modified their terms and conditions or specific practices to avoid legal challenges such as
lawsuits on employment status. Others have registered with national authorities or trade
associations, either voluntarily or through legal necessity, thereby formalising their
participation in labour markets.
Other forms of self-regulation have emerged, such as platforms creating
partnerships to provide platform workers with insurance and training. Some platforms
have signed on to charters or codes of conduct, agreeing to abide by certain principles
and decent work standards. Some of these initiatives appear to be innovative and
promising in addressing working conditions and social protection. The Frankfurt
Declaration,6 Crowdsourcing Code of Conduct,7 and Carta dei diritti fondamentali del
lavoro digitale nel contesto urbano8 [Charter of fundamental rights of digital work in the
urban context] are examples covering various forms of platform work.
In a few cases, platforms have taken punitive or ‘union-busting’ actions against
platform worker organisation. But others have encouraged platform workers to organise
and engage in social dialogue.
Instruments and actions at EU level
European institutions have released communications and initiated research specific to
platform work. Recent EU labour legislation explicitly refers to platform work as a type of
non-standard work and introduces material provisions with specific relevance for
platform workers who have an employment relationship.
This study assesses the relevance of EU law to platform work challenges. Twenty-one EU
instruments were selected for in-depth analysis, based on their probability of impacting
the working conditions and social protection of platform workers, and grouped as
follows:
Non-standard work: Part-time Work Directive, Fixed-term Work Directive and
Temporary Agency Work Directive;9
Health and safety: Health and safety for fixed-term work Directive and
Pregnant Workers Directive;10
6 Fair Crowd Work (2016), “Frankfurter Erklärung zu plattformbasierter Arbeit | Vorschläge für
Plattformbetreiber, Kunden, politische Entscheidungsträger, Beschäftigte und Arbeitnehmerorganisationen”, Declaration, Frankfurt, December 7 IG Metall (2019), “Report of the activities of the Ombuds Office of the Code of Conduct for Paid
Crowdsourcing, 2017-2018”, IG Metall, January 8 Comune di Bologna (2018), “Carta dei diritti fondamentali del lavoro digitale nel contesto urbano”, May
9 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
(OJ L 14, 20.1.1998); Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work (OJ L 175, 10.7.1999); Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9–14)
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Individual labour rights: Written Statement Directive, Transparent and
predictable working conditions Directive (TPWC) and Working Time Directive;11
Collective labour rights: Information and consultation Directive, Insolvency
Directive, Collective Redundancies Directive and European Works Council
Directive;12
Work-life balance: Parental Leave Directive and Work-life Balance Directive;13
Social protection: Recommendation on access to social protection;14
Various aspects of non-discrimination: Employment Directive, Race Directive,
Gender equality in employment Directive, Gender equality in access to goods and
services Directive, Gender equality of self-employed Directive and Gender
equality in social security Directive.15
We further consider the General Data Protection Regulation16 (GDPR) and Regulation
2019/1150 on promoting fairness and transparency for business users of online
intermediation services17 (P2B). Competition law and collective bargaining as well as
data protection are handled separately in two reflection papers annexed to the study.
10
Council Directive 91/383/EEC of 25.06.1991 supplementing the measures to encourage improvements in the
safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ L 206/19 of 29.07.1991), Council Directive 92/85/EEC of 19.10.1992 (OJ L 348/1 of 28.11.1992) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding 11
Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the
conditions applicable to the contract or employment relationship, Directive EU 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L186/105 11.07.2019), Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9–19) 12
Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the European Community (OJ L 080, 23/03/2002 p. 29 – 34), Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ L 283, 28.10.2008, p. 36– 42), Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998 p.16-21), Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees 13
Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental
leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13–20), Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79–93) 14
Council Recommendation of 8 November 2019 on access to social protection for workers and the self-
employed (OJ C 387, 15.11.2019, p. 1–8) 15
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (OJ L 303, 2.12.2000, p. 16–22), Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22–26); Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, p. 23–36), Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37–43), Directive 2010/41/EU on gender equality of self-employed (OJ L 180, 15.7.2010, p. 1–6), Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24–25) 16
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 17
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services (OJ L186/57 11.07.2019)
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Scope of EU action
The EU has the ability, where justified, and in accordance with the principles of
subsidiarity and proportionality, to set minimum requirements in the area of social
policy. However, and especially regarding working conditions, social legislation and policy
for platform workers remains mostly under Member States’ competences. In this
context, the EU has gradually taken legislative action, mostly in the areas of
employment and working conditions.
In terms of personal scope, the assessed EU legislation that regulates working conditions
under Article 153 TFEU applies to ‘workers’, referring to people with an employment
relationship or contract. The personal scope of the assessed EU directives hinges on
national legislation defining the concepts of ‘worker’, ‘employee’, ‘employment contract’,
or ‘employment relationship’. Through its extensive case law, however, the Court of
Justice of the European Union (CJEU) has gradually developed an EU-wide concept of
‘worker’ determined by the criteria of ‘subordination’ or ‘direction’. This helps ensure the
effectiveness of some directives that rely on national definitions of ‘worker’. CJEU case
law also ruled that bogus self-employed platform workers are to be reclassified as
workers (under the EU meaning of the concept) irrespective of the status agreed upon
by the contractual parties or defined in national legislation.
In this context, the following considerations are central:
Platform workers who are classified as workers (including bogus self-employed
platform workers) fall within the remit of EU labour legislation.
Platform workers who are self-employed fall outside the scope of EU labour
legislation.
Still, platform work profoundly challenges the binary divide of ‘workers’ and
self-employed that has been the cornerstone of labour legislation at national and
international level for decades. Evidence suggests varying approaches and
interpretations between EU Member States, and even within the same Member State for
labour and social law. Overall, the determination of self-employed versus ‘worker’ has a
crucial impact on applicable legislation and hence on the working conditions and
protection against social risks of individual platform workers.
In assessing the material scope of the legislation, two instruments were found to be
particularly relevant and adequate for one or more significant challenges in the area
of working and employment conditions for platform workers: the Transparent and
predictable working conditions Directive (TPWC) and GDPR. Neither instrument,
however, addresses all (significant) challenges of platform workers and may require
further adjustments to content and/or complementary action regarding enforcement,
especially in the case of GDPR. The TPWC Directive’s legal base in Article 153 TFEU
means it is limited in personal scope to workers and hence does not apply to the genuine
self-employed. The TPWC Directive, however, is relevant to challenges including
protection against abusive practices, obligatory information provision, the right to
parallel employment, protection against 'dismissal' (suspension, termination and other
restrictions), the right to effective legal redress and several rights relating to working
time. GDPR applies to all natural persons, and is relevant for establishing the right to
access personal data, including data concerning work allocation, work performance and
evaluation, and the right to data portability. As both are fairly new, our assessment is
preliminary.
Platform work generally qualifies as non-standard employment, and several of its
challenges are common to all types of non-standard work. EU legislation has tackled
these challenges, particularly through the non-standard work directives, and the new
TPWC Directive and Work-life Balance Directive. The Council Recommendation on access
to social protection is also of particular interest to the protection of rights of persons in
Study to gather evidence on the working conditions of platform workers
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non-standard forms of employment, the genuinely self-employed, and persons
transitioning between labour market statuses. Enforcement of the relevant EU
legislation, and the issue of the minimum qualifying periods applicable to social
protection and parental leave schemes, are of particular relevance for platform workers
who work digitally with limited human supervision, at varying locations and often on
fragmented and small-scale tasks.
All other assessed EU legislation (collective labour rights, health and safety, and working
time) has varying relevance for platform workers, but only applies when there is an
employment relationship. Furthermore, these instruments are not adapted to the
specific working environment of the platform workers, and/or use concepts that
are not entirely fit for the purpose of regulating platform workers’ working conditions.
While somewhat broader in scope than platform work, P2B is an important step: an EU
legislative action addressing challenges specific to platform practices. P2B has great
relevance for platform workers, particularly regarding fair and transparent
intermediation when they are classed as ‘business users’ of information society
intermediation services. P2B is to some extent comparable with the TPWC, covering as it
does issues such as obligatory information provision, the right to notice in case of
contract revision, and restrictions on dismissal or equivalent measures. In personal
scope P2B applies to ‘business users’ – self-employed natural persons who exchange
services or goods with clients (legal persons) via an online intermediary service – which
includes a portion of self-employed platform workers. However, it is unclear at present
how many platform workers will be affected. Further limitations to personal scope are
also evident. P2B, for example, defines online intermediation services as ‘information
society services’, which does not include all types of platforms through which ‘work’ is
allocated and organised.
Assessment of the EU instruments finds that:
Since the adoption of the TPWC Directive, platform workers who have an
employment relationship, and bogus self-employed platform workers that have
been reclassified as such by national judiciaries, have access to a wider scope of
protected labour rights, specifically in relation to working conditions. However,
there still needs to be better enforcement of their collective labour rights as
enshrined in current EU legislation.
Self-employed platform workers who are economically dependent on a
single platform, and who work solo and in precarious situations, appear
to be the most vulnerable and least protected by individual and collective
labour rights, or by social protection legislation at both national and EU level. For
the small amount of self-employed who qualify as business users of information
society intermediation services, P2B should soon ensure access to similar (and in
some respects better than) protections of working conditions to those provided
for by EU labour legislation.
The TPWC Directive and P2B have only very recently been adopted and it is
necessary to ensure their effective implementation.
Gap analysis
We analysed the extent to which national responses and selected EU instruments
address the most significant challenges of working and employment conditions facing
platform workers. The national and EU-level responses were rated by the extent to which
they addressed the individual challenges. For national responses we considered the
percentage of countries with one or more relevant responses, whereas for EU legislation,
we considered its personal scope, relevance, and adequacy.
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Table 1: Summary of gap analysis
Note: In ‘countries w/responses’, the ‘total’ column refers to the percentage of countries with any relevant response, not the sum of on-location and online. P2B and GDPR could significantly influence these assessments, especially those deemed indeterminate. N/A: Assessed tools are not applicable to the challenge, NP: natural persons, W: workers, SE: self-employed. *Workers and self-employed are both in the personal scope of legislation, but certain additional limitations may effectively limit which platform workers are covered (See 7 of the study for a full key).
While very few responses target working conditions and social protection for all
platform workers, over half of all national responses specifically concerned personal
transportation and (food) delivery platforms. This may reflect a lack of awareness of
online platform workers, or the difficulty of addressing challenges associated with online
platform work at national level.
Overall the gap analysis suggests the following:
Virtually no significant challenges are entirely resolved by national or EU
responses and instruments. The sole exception is data protection, but even for
this challenge, proper enforcement must be ensured.
National responses at least partly address the most significant challenges for on-
location platform workers, but do very little for online platform workers.
Platform workers meeting the criteria for worker status are generally better
protected, yet even here EU tools are not always fit for purpose because of the
differences between traditional and platform work.
In spite of recent legislative initiatives, the impact of assessed EU instruments is
still limited in addressing the working conditions and social protection challenges
of platform workers, in particular when they are self-employed.
Conclusions and policy pointers
All platform workers, irrespective of their employment status, could benefit from
measures that aim for better (or more suited to platform work) protections in terms of:
(i) obligatory and timely provision of information about the terms and conditions
of collaboration, including on work allocation, organisation and evaluation, as well
as on a series of other dimensions specifically related to platform work
businesses;
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(ii) advance notification, and for the right to an explanation in cases of refusal to
open an account, and of both temporary and more permanent termination of the
collaboration;
(iii) access to effective and timely out-of-court dispute-resolution mechanisms;
(iv) appropriate and transparent data protection when collecting and processing
personal and behavioural data;
(v) ‘collective’ rights, including rights to be represented, informed and consulted,
and the right to conclude agreements; and
(vi) effective application of the non-discrimination principle.
The most vulnerable forms of self-employment, non-standard work and indeed
all forms of work share many significant challenges with platform work.
Policymakers should be aware of these commonalities and consider broader approaches
rather than specific measures.
Employment status remains a core issue when addressing working conditions
and social protection challenges for platform workers at national and EU levels.
Most platform workers are self-employed, which excludes them from the personal scope
of much labour and social legislation at national and EU levels. In the types of platform
work that are more prone to bogus self-employment, determining specific platform
workers’ employment status is frequently challenging; case law moves very slowly on
this issue and has not offered much clarity. Policymakers may therefore consider actions
that make it easier to identify and reclassify bogus self-employed platform workers, and
clarify which platform practices are incompatible with self-employment.
Challenges related to intermediation, including algorithmic management, are
largely unaddressed, especially at national level. Intermediation in platform work
can entail surveillance, performance appraisal, and intransparent contracts. These
features seem to be growing beyond platform work as well. GDPR, P2B, and the TPWC
Directive are extremely important for increasing transparency and addressing such
issues. However, P2B only impacts a portion of self-employed platform workers, and the
TPWC Directive can only help platform workers with an employment contract. While the
actual impact of these tools on platform work is not yet fully clear, EU institutions may
consider further modifications or clarifications to ensure more platform workers fall
within their personal scope, and enforcement is effective.
Online platform workers are less visible and receive little attention, despite them
being probably the most numerous, and doing a form of work that is often inherently
cross-border. This implies that national authorities will find it difficult to address the
challenges of this type of work, while it is a more natural fit for EU action.
Besides regulatory options, the EU and Member States could consider
promoting voluntary codes of conduct or charters for platforms to commit to
upholding fair working conditions, for example to ensure dispute resolution mechanisms
are available to all platform workers, in a similar way to P2B requirements.
Finally, lack of data and the very recent adoption of relevant responses and
instruments limit our understanding of platform work. Coordinated action by
policymakers would ensure that high-quality data contribute to evidence-based actions,
social security coordination, and prevention of abuses and undeclared work. Moreover,
new national and EU legislation discussed in this study should be closely monitored to
assess whether it is sufficient, or if amendments or entirely new instruments are
required.
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Europe stands on the brink of a new industrial revolution,
driven by new-generation information technologies […].
European Parliament (2019)
1. INTRODUCTION
Digitalisation, or the transformation of processes through new digital technologies,
continues to drive social and economic change. With this backdrop, the platform
economy has rapidly expanded in size and relevance. Online platforms such as Uber and
Deliveroo have quickly grown, spawned imitators, and disrupted economies and labour
markets around the world. Other types of online platforms such as Amazon Mechanical
Turk (AMT) and Jovoto have facilitated new types of outsourcing and innovation.
One function of such digital platforms is to leverage technology to intermediate supply
and demand for services, typically using internet-connected computers and
smartphones. When services are exchanged for payment, this phenomenon is known as
platform work.18
Researchers, policymakers, social partners and others have engaged in dialogue and
debate about platform work as it has grown in relevance across Europe. But a conflicted
narrative has emerged. Most of the literature recognises that platform work brings the
potential for both opportunities and challenges. Benefits include greater labour market
participation, economic growth, and social and technical innovation. However, platform
work also creates challenges for regulatory regimes, competing industries, and the well-
being of platform workers (Eurofound, 2018).
The focus of this study is the latter: understanding the working conditions and
social protection challenges of platform workers.
1.1 Previous key research and main findings
Policymakers have benefited from the existing research on platform work (Aloisi, 2015;
Eurofound, 2018; De Stefano, 2016; Lenaerts et al., 2017; Risak and Lutz, 2017), and
more recent publications, including from EU-OSHA (2017), Eurofound (Eurofound,
2018), the ILO (Berg et al., 2018), and the Joint Research Centre (JRC) of the
European Commission (Brancati et al., 2019; De Stefano and Aloisi, 2018; Pesole et
al., 2018), and other studies, have enabled preliminary conclusions to be drawn on the
working conditions and social protection of platform workers in the EU.
First, ‘platform work’ refers to many different sorts of work arrangements. This
heterogeneity can make it more difficult to consistently determine liability and assign
responsibility when things go wrong, such as work accidents or disputes between
platform workers and clients, and therefore properly apply labour and social regulations.
18
The definition and conceptualisation are developed in Section 3.
Platform work is all labour provided through, on, or mediated by online platforms in
a wide range of sectors, where work can be of varied forms, and is provided in
exchange for payment.
Platform worker refers to a natural person providing platform work.
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Second, platform work presents difficulties for existing regulatory frameworks.
This is partially because the parties19 involved in platform work, and their legal
relationships, differ from those in standard work (Eurofound, 2018). Rather than
traditional management structures, platform work tends to rely on algorithmic
management. Moreover, platform work is considered a more ‘flexible’ form of work,20
whereas labour and social law frameworks remain better suited for more traditional
forms of work (ETUC, 2017).
Third, the employment status of platform workers is often unclear. For example,
employment status can be different even for platform workers using the same platform
in the same country (De Groen et al., 2018a). Most national legal frameworks would not
hold that platforms act as employers,21 though this assumption has been challenged by
legal scholars (Prassl and Risak, 2016). Arguments have also been made both for
(Drahokoupil and Fabo, 2016) and against (Aloisi, 2015) applying an intermediate
employment status, between employee and self-employed, to certain platform workers.
Fourth, platform workers face substantial practical and legal difficulties in
organisation and collective bargaining. To help mitigate power disparity and prevent
abusive situations, employees generally have the right to collective representation, with
the employer as counter party. However, factors such as their dispersed working
locations, lack of recognition that platform work qualifies as ‘work’, frequent turnover,
unclear employment status, and competition and cartel laws (Kilhoffer et al., 2017),
make this extremely difficult. Depending on the type of tasks performed and particular
platform used, platform workers can be cooperating or competing, and this further
challenges the suitability and practicality of more traditional collective bargaining
arrangements (Eurofound, 2018). Although new forms of organisation and
representation have been explored, the evidence indicates that most platform workers
have little bargaining power.
As a result, platform work can create challenges for decent working conditions.
These include a lack of career advancement opportunities, income insecurity,
psychosocial stress, and unsafe working environments.22 Platform workers are also at
risk of reduced access to social protection; they often forego social protections, pay
for more expensive options, or rely on social protection from a main occupation where
they have an employment contract (ESIP, 2019; Eurofound, 2018).23
1.2 Knowledge gaps and research objectives
Previous research has found that platform workers can face significant challenges in their
working conditions and social protection. If existing regulatory frameworks insufficiently
address these challenges, additional action may be appropriate at EU or national level.
However, significant gaps in our understanding of both challenges and regulatory
frameworks remain.
First, no existing research covers the entirety of the EU, Norway and Iceland,
even as the challenges of platform work and corresponding policy or regulatory
responses vary a great deal between countries (Lenaerts et al., 2017). We lack a
19
Platform, platform worker, and client – see Section 3.
20 See discussion of Challenges for platform workers in Section 4.
21 This assumption is being challenged, especially by case law and legislation. See National tools and
responses to platform work challenges.
22 See Challenges for platform workers.
23 This is because social protections like pension, paid sick days, and accident insurance are often interlaced
with employment contracts (and funded at least in part by employers). Note, however, that the statutory and effective access to social protections varies a great deal across Member States. See especially Eurofound (2018a) and EU-OSHA (2017).
Study to gather evidence on the working conditions of platform workers
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complete picture of relevant policy and regulatory developments that accounts for both
EU and national initiatives.
Second, available information focuses on a variety of issues, platforms, and
countries, all assuming slightly different understandings of what constitutes platform
work. This creates a patchwork body of evidence that makes it difficult to
comprehensively assess working conditions and social protection for platform workers in
Europe.
Third, much of the research lacks a multidisciplinary approach. Understanding
platform work in all its complexity requires an approach combining policy, social, and
legal perspectives.
This study, therefore, seeks to contribute to a greater understanding of platform work
and the challenges facing platform workers with a comprehensive mapping of the
challenges and responses relating to their working conditions and social protection in the
EU28, Norway and Iceland. Up-to-date24 information on the regulatory environments and
relevant developments affecting all types of platform work has been analysed by:
1) identifying the relevance, diffusion and nature of these challenges for working and
social conditions;
2) mapping national developments;
3) examining select EU legislation that may affect working conditions and social
protections;
4) assessing the extent to which national and EU measures address the challenges.
The study thereby provides evidence on whether additional national or EU action, and
provides pointers as to what form such action might take.
1.3 A need for EU action?
While the European Commission (2016a) has shown awareness of the challenges
associated with platform work and is considering further action, the debate continues as
to whether and to what extent the EU could and should also act. In the meantime, the
European Parliament25 and EU-level social partners26 have advanced EU-level proposals
to address social challenges facing workers in the platform economy (EU-OSHA, 2017).
First, because platform work impacts the EU principle of proportionality, a clear
understanding of its size and prevalence is needed, which impacts the EU
principle of proportionality.27 Its dynamic and fast-changing nature keeps the
evidence scattered and quickly outdated (De Stefano and Aloisi, 2018), and some argue
that data collection and other action at EU level could lead to a better understanding of
platform work (Eurofound, 2018).
Second, any EU action must respect the principle of competency.28 While the EU
has the ability29 to set minimum requirements in the area of social policy, notably with
24
See Methodology and Limitations and constraints on timeframe.
25 See Report on a European Agenda for the collaborative economy, available at
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A8-2017- 0195+0+DOC+XML+V0//EN 26
See “ETUC resolution on digitalisation: ‘towards fair digital work’”, available at
https://www.etuc.org/en/document/etuc-resolution-digitalisation-towards-fair-digital-work#.WeYb77jg18E
27 Treaty on European Union, Article 5, states ‘the content and form of Union action shall not exceed what is
necessary to achieve the objectives of the Treaties’. The size and prevalence of platform work are further discussed in Size, prevalence, and expected evolution of platform work in the EU. 28
The EU has exclusive competences in certain areas, shared competences with Member States, and
supporting competences. See Title 1 of Part 1 on the Treaty on the Functioning of the European Union.
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regard to working conditions, social and labour law remains mostly under Member
States’ competence. Several studies have pointed out that the transnational
character of the platform economy would justify an EU regulatory framework,
where the principle of subsidiarity in the field of social and labour law could be applied
(Eurofound, 2018; EU-OSHA, 2017). Such a framework may be appropriate in the
context of the EU’s interest in maintaining a well-functioning Digital Single Market30 and
ensuring proper competition (Dittrich, 2018). At present, regulatory and policy responses
vary greatly across Member States, creating a mosaic of markets and leading to calls for
a common policy response at European level.
Third, policymakers are cognisant of the potential trade-off between innovation and
new regulation (Ranchordás, 2015). Even if granted that additional regulation could be
useful, new regulatory constraints may hinder innovation and the economic potential of
platforms. A frequent discussion point concerns whether existing national and EU
regulations may suffice, if properly applied and enforced, and the extent to which new
legislation or other actions may be required (De Groen et al., 2018a).
Thus, the debate continues over the possible regulatory framework for platform work at
EU and national level. Recent developments, such as the European Pillar of Social Rights
(EPSR),31 could suggest a timely opportunity to better monitor new forms of employment
at a supranational level, and coordinate Member State initiatives (Pesole et al., 2018).
1.4 Structure of the study
The remainder of the study is as follows:
Section 2 Methodology explains how the research was carried out.
Section 3 Conceptualisation of platform work forms the conceptual basis for
platform work, particularly in what distinguishes platform workers from other types of
workers. It also briefly covers the types of platform work, the size of platform work in
the EU, and the expected evolution of the platform economy.
Section 4 Challenges for platform workers gives a framework for assessing job
quality and then applies it to information collected from an extensive literature review
and several types of fieldwork. This Section seeks to identify the kinds of working
conditions and social protection challenges platform workers face, for which types of
platform work, and in which countries.
Section 5 National tools and responses to platform work challenges gives a
framework for classifying and comparing tools and responses and then applies it to a
mapping of tools and responses at national level for the EU28, Norway and Iceland.
Section 6 Instruments and actions at EU level horizontally assesses selected EU
legislation for its impact on the working conditions and social protection of platform
workers. It further considers non-legislative EU actions.
Section 7 Gap analysis: which challenges remain to be addressed? builds on the
previous content to assess the extent to which challenges have been addressed by
national and EU tools and responses.
29
Where justified, and according to the principles of subsidiarity and proportionality.
30 The Digital Single Market strategy discusses platform work and the platform economy more broadly, though
most attention is paid to technological innovation as a means for economic growth and competitiveness, and reducing intra-European barriers to doing business. Less focus is paid to the social dimension and the challenges that platform workers face (European Commission, 2017). However, the European Parliament Resolution reacting to the Digital Single Market Act calls on Member States to ensure employment and social policies are fit for digital innovation, entrepreneurship, and the growth of the platform economy and its potential for more flexible forms of employment. See European Parliament resolution of 19 January 2016 on Towards a Digital Single Market Act (2015/2147(INI)). 31
See discussion in 6.2.3.
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Section 8 Conclusions and policy pointers brings together all findings and offers
pointers for future policy consideration and research.
After the body of the study, we include additional inputs to the research.
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2. METHODOLOGY
The study relied on a mixed-methods approach with desk research and several types of
fieldwork. The scope of the research was the EU28, Norway and Iceland from 2013 to 30
June 2019.32 The study covers all types of platform work meeting the definition in Figure
3.
The overarching objective of this study is to provide an evidence-based analysis of the
challenges faced by platform workers with regard to their working conditions and social
protection. It reviews policy and legal responses to those challenges at national and EU
level, and based on this analysis, examines the potential need for further EU action.
The research team undertook this research in four main steps. Step 1 conceptualised
platform work (see Section 3) and mapped the challenges it presents to working
conditions and social protection (see Section 4). Step 2 gathered data on tools and
responses to these challenges (see Section 5). Step 3 analysed a selection of EU
instruments for their relevance to challenges platform workers face (see Section 6). Step
4 synthesised all this evidence with a gap analysis (see Section 7), and conclusions and
policy pointers (see Section 8).
This Section outlines the research questions used in the study, methods of data
collection and analysis, quality control, and limitations and constraints.
Throughout, the research was carried out in full compliance with the European
Commission’s Better Regulation Guidelines. Special attention has been paid to vulnerable
groups and issues related to discrimination and inequality.
2.1 Research questions and data collection
The research questions were designed to allow the research team to meet the
overarching goal of the study: to assess whether further EU action on platform work is
merited. Table 2 lists the research questions, which step or steps of the research process
addressed them, and which research methods were utilised.
32
In a few exceptional cases, tools and responses were updated in early December 2019.
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Table 2: Addressing research questions
Research questions
Step(s) addressing research question
Method(s) addressing research question
1 2 3 4 d e s k r
e s e a rc
h
S e m
i- s tr
u c tu
re d
in te
rv ie
w s
q u e s ti o n n a ir
e s
n a ti o n a l fo
c u s g
ro u p s
v a li d a ti o n w
o rk
s h o p
Challenges
conceptualisation How do we conceptualise platform work and its challenges? X X X
mapping Which challenges are present, and where? X X X X X
How prevalent are the challenges? X X X X X X
analysis How significant are the challenges? X X X X X X X X
How are the challenges likely to develop in the future? X X X X X X X X
Responses
mapping What are the national responses to the challenges? X X X X X X
What are the EU responses to the challenges? X X X X
analysis
Are existing national responses adequate now, and in the foreseeable future? X X X X X X X
Are existing EU responses adequate now, and in the foreseeable future? X X X X X X
Overarching objective
analysis Is further EU action needed? X X X X X
What particular EU action/s is/are suggested? X X X X X Note: Step 4 covers each research question insofar as it summarises all results.
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Two main phases of desk research were conducted. An initial phase established the
current knowledge base to avoid duplicating existing research. A second round of more
targeted desk research was conducted at the beginning of each step, and throughout as
needed.
This initial desk research was broad in scope and supported all tasks. It was based on
keyword searches and a review of relevant academic and other providers of analysis. It
covered academic and grey literature on platform work in general and in relation to
working conditions and social protection, developments at national and EU level with
regard to policy, legislation, regulation, and collective agreements, media and public
debates on platform work, existing data and efforts to quantify the platform economy,
and similar topics. Legal documents, publications of policymakers and social partners,
existing databases, articles published on traditional and social media channels, opinion
pieces, and communication from platforms were also considered. Literature from
different scientific disciplines, such as law, economics, and sociology, was consulted to
form a complete perspective on platform work.
A second round of desk research was carried out at the start of each step to ensure that
any knowledge or data gaps were addressed. This stage focused on the specific topic
and objectives of each step. For Step 1, the initial desk research was complemented with
literature on (the working conditions and social protection of) other employment types
that have characteristics in common with platform work, for example temporary agency
work. For Step 2, additional efforts were made to gather literature in the national
language of each country of the EU28, Norway and Iceland, with particular attention paid
to the six Member States for which a focus group was organised. For Steps 2, 3 and 4,
further desk research was performed to collect relevant policy and legal documents that
support policy and legal analyses. Finally, the second round of desk research also helped
ensure that the latest literature and evidence were absorbed.
The research team also undertook extensive fieldwork to gather new data and
complement the desk research. Stakeholders, including policymakers, academic and
legal experts, platform representatives and social partners representing employers and
workers, national administrators, labour inspectorates and occupational safety and
health (OSH) authorities more broadly, and business sector associations were all
consulted.
The research team was responsible for preparing the list of stakeholders (including back-
up options), which was refined with input from the European Commission. Each
stakeholder was sent an invitation to participate, a letter on behalf of the commission
addressed to potential participants, a data protection notice and a privacy statement.
Semi-structured interviews were held with stakeholders and different interview
templates were developed for each interview partner for the respective step of the
research. The results of the interviews were used throughout the analysis to gain
conceptual clarity, provide the background to the research and verify the results of the
analysis.
Country expert surveys were carried out with one socio-economic and one legal expert
for each country, making a total of 60 survey responses. The experts were identified
through the existing expert network, the research team and informal networks. The
surveys included both unique and shared sections to ensure comparability and
triangulate information, while making use of the expert knowledge of respondents.
The experts received detailed instructions on how to complete the surveys, which asked
them to catalogue policy responses according to the prescribed typology and address all
stages of implementation, including initiated but abandoned, pending or under
discussion, or partially or fully implemented. While the focus was on responses, experts
were also invited to catalogue particularly relevant tools. They were asked to describe
responses in detail, including aspects such as the initiator of the development (e.g.
government, social partners or other stakeholders), the scope of the development (e.g.
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the types of platform work or platform workers covered), the focus of the development
(e.g. direct or indirect impact on platform work), the degree of implementation, the
timing of the development (e.g. proactive or reactive, response to specific incident), the
originality of the development (e.g. new law or modification of existing) and other key
characteristics. In addition to their mapping of national developments, experts were
asked to include relevant literature to obtain further information and cross-validate it
with the desk research. Country expert surveys were thus used to provide an
assessment of the severity of individual country challenges, a mapping of the most
relevant national responses and tools, and a review of the most pertinent literature.
Focus groups were held for six countries,33 to learn more about especially interesting
policy developments and trends with potential relevance at EU level. Countries were
selected on whether particularly original policy developments or experimental
approaches to platform work had occurred there. Each focus group had between six and
twelve participants consisting of at least one policymaker, academic or legal expert,
social partner, platform representative, and platform worker.34
Finally, a validation workshop was held in Brussels where stakeholders, including
policymakers, academic and legal experts, social partners, platform representatives and
platform workers, were consulted on the findings. This workshop focused on confirming
findings of the gap analysis, addressing any potential shortcomings of the conclusions,
and discussing the merits of policy pointers.
2.1 Data analysis
Turning to the analysis, the research team explored both legislative and non-legislative
aspects of challenges arising from platform work, and potential national and EU-level
responses. This allowed for a broad, multi-disciplinary analysis of platform work
across the EU28, Norway and Iceland. The question about the potential need for EU
action in the field of platform work was addressed in a structured way, relying on the
information gathered throughout all project steps and delivering the final conclusions
and policy implications of the study.
In Step 2, special attention was paid to any national developments that referred to
existing EU framework, both legislative and non-legislative. Examples of these
are the EPSR, or the European Commission recommendations and directives, especially
those on non-standard work, on individual rights, for anti-discrimination measures and
relating to work-life balance, as well as law relating to areas such as competition law and
labour mobility.
These are analysed in Step 3, and findings were also used to draw conclusions about
what kind of EU action would be particularly appropriate, based on a detailed and
systematic analysis of the most relevant selected areas of EU social law and related case
law. Limits with respect to their relevance and application to platform workers will be
identified and solutions to address these limits are proposed.
Step 4 first condensed and systematised the information gathered through the country
experts survey and national focus groups. The aim was to perform a comparative
analysis and in particular look for patterns of national developments across different
countries (i.e. similar developments, either in content or form, which emerge in
countries that share the same characteristics). Step 4 establishes whether challenges
are recurring in several countries and examines whether challenges appear to have the
same roots or consequences within the socio-economic system. In addition, special
attention is paid to challenges that emerge across the EU and appear to show a
33
Denmark, Estonia, Spain, France, the Netherlands and Slovenia.
34 In one country, however, the platform worker declined to participate at the last minute.
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transnational character or are a result of the transnational nature of specific types of
platform work, meaning EU action could play a significant role.
The analysis also assesses the extent to which existing national developments or
existing EU legislation potentially relating to national legislation address the
challenges, to understand what - if any - role the EU may have in complementing such
national developments. The purpose of this part of the analysis is to show what role EU
initiatives are already playing in addressing the challenges of platform work through
national developments, which will in turn inform their appropriateness and possible
scope in the future.
In sum, the combined analysis of findings seeks to establish whether challenges relevant
at EU level are addressed by existing EU initiatives and national developments,
highlighting possible gaps. In addition, it assesses whether and how, based on existing
linkage, national developments and EU initiatives can complement each other.
2.2 Quality control
Several methods were employed to ensure quality control was maintained throughout
the research.
First, a team of quality control managers provided input at critical junctures in the
research. This multidisciplinary team comprised leading European authorities on platform
work, who brought expertise from the legal, socio-economic, and academic spheres.
Second, findings were confirmed through triangulation.35 Findings derived from different
sources or research methods were thus validated against one another, and their
robustness across different national contexts, types of platform work, types of platforms
or workers, both within and across tasks, could also be verified. Information that could
not be validated through triangulation has either not been included in the final study or a
note included stating that the information in question was derived from just a single
source. Preference has been given in this study to information derived from academic
(peer-reviewed) publications, legal texts, policy documents and other validated sources.
Information primarily derived from stakeholder consultations, or anecdotal evidence
more generally, has been clearly indicated as such.
Third, this research has benefited from frequent consultations with the European
Commission. This has helped to ensure that the most suitable experts were identified,
the most important upcoming events and legislation were accounted for, and that the
methodology and content of the research were subject to rigorous review.
2.3 Limitations and constraints
A few constraints on the study should be noted. First, the quality of existing data on the
size and prevalence of platform work in the EU is suboptimal, and predicting future
developments is very difficult.36 Moreover, many relevant responses (e.g. court cases
and legislation) are new or pending. This makes assessing the gaps in working
conditions and social protection a more difficult task. For practical reasons, a cut-off date
of 30 June 2019 was implemented, with changes in legislation or other significant
developments after this date not considered, except for a few exceptional
circumstances.37
35
Findings derived from a single source were either not included in the final report, or noted (e.g. with a
footnote or brief statement in text) as less certain.
36 Data limitations are discussed in more detail in Section 3.3.2.
37 For example, the Recommendation on Access to social protection for workers and the self-employed, a key
initiative as part of the rollout of the European Pillar of Social Rights, was only adopted 7 November 2019. A few pieces of particularly relevant national legislation have also been updated past the cut-off date.
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Second, while the analysis aims to establish a comprehensive mapping of responses at
the national level, time and logistical constraints meant that only a selection of EU law
could be analysed. The specific legislation38 was agreed upon between the research team
and the European Commission based on its likelihood of impacting working conditions
and social protection for platform workers. However, this is a non-comprehensive
analysis of EU law. Furthermore, the P2B Regulation39 was not originally a part of the
legal analysis but added partway through the research. Therefore, it is not assessed to
the same depth as other EU instruments.
38
Covered in Section 6.
39 Regulation (EU) 2019/1150 of the European Parliament and the Council on promoting fairness and
transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57–79).
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3. CONCEPTUALISATION OF PLATFORM WORK
The conceptualisation and definition of platform work has been a topic of much scholarly
discussion. Similar and overlapping terms include crowdwork, gig work, and a plethora
of others, as explored by a number of high-quality research papers (Coyle, 2016;
Codagnone et al., 2016; Drahokoupil and Fabo, 2016; Martin, 2016; Maselli et al., 2016;
Frenken and Schor, 2017).
The European Parliament’s Directorate-General for Internal Policies expressed its
preference for the more neutral terms ‘platform economy’ and ‘platform work’, which
avoid potentially misleading connotations (Forde et al., 2017). For this reason, ‘platform
work’ is the preferred term for this study.
The remainder of this section further explains the notion of ‘platform work’, ‘worker’, and
other key conceptualisations.
3.1 Standard and non-standard employment
Before addressing platform work, it is useful to think of the traditional or ‘standard’
employment relationship as a reference point. This is illustrated in Figure 2.
Figure 2: Conceptualisation of standard employment
Source: adapted from Hasle (2007).
Standard employment or ‘standard work’ refers to a full-time, open-ended
employment contract with one employer. As shown, employers and employees are
traditionally bound by an employment contract or employment relationship. The
employment contract typically stipulates the rights and obligations of both parties, such
as the scope of the services and tasks to be performed by the employee, working hours,
the remuneration they will receive, and so on. Employees perform their services under
the ‘direction’ or ‘subordination’ of the employer. However, employees would have no
direct contractual relationship with a client. At most, employees render a service on
behalf of their employer (ILO, 2016).
Non-standard employment or ‘non-standard work’ refers to all forms of paid labour
that deviate from the standard reference or ‘standard work’ such as part-time work,
fixed-term work, temporary agency work, casual work, student jobs, zero-hour
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contracts, and on-call work. This typology (Eurofound, 2017a) also includes self-
employment, although unlike the other non-standard forms, it does not correspond to an
employment relationship in any legal sense.
Non-standard employment does not necessarily entail precarious working conditions. It
can also refer simultaneously to situations with an employment relationship, as is the
case for temporary agency workers in the EU,40 and part-time or fixed-term contract
employees. However, many of the safeguards built into standard employment do not
always apply to non-standard employment (e.g. dismissal protection or paid sick leave),
and thus non-standard employment can create challenges for working conditions
(Eurofound, 2017b).41
Platform work, when performed without an employment relationship, is an example of
non-standard employment. Platform work challenges the fundamentals of the standard
reference; for example, (but with exceptions) platform work usually has no employer
giving the platform worker instructions in the traditional sense, remuneration is typically
paid per task rather than as a wage or salary, and work can take place on more than
one platform.
Although this study investigates job quality challenges in platform work, there are other
forms of non-standard work that could have similar challenges. As a starting point for
this analysis, casual work, interim work and portfolio work is briefly discussed to
illustrate the overlap and differences.
Casual work is irregular, on-call or intermittent work characterised by instability and
discontinuity, facilitated by the use of ICT, and without the prospect of permanent work
(European Parliament, 2000; Eurofound, 2018a). Like platform workers, casual workers
experience a high degree of flexibility, but also face irregular employment relationships,
which lead to unclear legal coverage and a lack of social protection and representation.
Lower wages (due to very low guaranteed hours and only completed work being paid),
insecurity, changing workplaces and limited guidance cause higher precariousness and
occupational risks (De Stefano and Aloisi, 2018; Vereycken and Lamberts, 2018;
Eurofound, 2018a; ILO, 2019a). Platform workers seem to have higher levels of
autonomy in choosing their working hours than casual workers in general, and on-call
workers in particular.
Interim or temporary agency workers enter a company to answer a periodic or
suddenly increased need for certain skills (ILO, 2019b). Similarly to platform work,
temporary agency workers have various skills and education levels, and operate in
diverse sectors (Vereycken and Lamberts, 2018; Eurofound, 2018b). Although both
types of employment are set within triangular relationships, the role of temporary work
agencies is more extensive than the role of platforms. Additionally, while there is some
diversity in the legal arrangements governing temporary agency work, the basic
functions and legal relationships of the temporary work agency, worker and user firm are
more or less identical across Europe.42 This is in stark contrast to the diverse
arrangements in platform work (WEC-Europe and UNI Europa, 2018). Whereas
temporary agencies are de jure, wherein the employer and temporary agency workers
are classified as employees, platforms typically claim they provide only a matching
service between labour supply and demand,43 and platform workers are usually
considered self-employed (ibid).
40
Under Directive 2008/104/EC, all temporary agency workers must have an employment contract.
41 See also Lamberts et al. (2016) for discussion of the European Working Conditions Survey’s findings on non-
standard working conditions.
42 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 defines each
party in temporary agency work and regulates their legal relationships.
43 For example, in C-434/15 (Asociación Profesional Elite Taxi v Uber Systems Spain, SL), Uber has argued that
it provides information services, not transportation services. For discussion on the role of platforms as
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Portfolio work refers to ‘small-scale contracting by freelancers, self-employed or micro
enterprises, conducting work for a large number of clients’ (Eurofound, 2018b: p. 14).
Portfolio work is common in the creative sector, where it could support the career
development of professionals (Vereycken & Lamberts, 2018). As with some types of
platform work, portfolio work in principle puts the worker in charge of the choice of
tasks, working hours and workplace (Vereycken and Lamberts, 2018; Eurofound,
2018b). Portfolio workers risk health problems similar to those encountered by platform
workers, as both are prone to working during illness, disturbed work-life balance and
limited social interactions (Eurofound, 2018b).
In spite of the heterogeneity in platform work and non-standard forms of work, there are
shared characteristics such as short-term contracts, unstable and unpredictable work
schedules, and non-conventional workplaces. But in stark contrast with platform
work, and despite some differences across Europe, standard employment, and even
some forms of non-standard employment,44 has rather consistent and clear
legal relationships. (WEC-Europe and UNI Europa, 2018).
Therefore, some of the challenges platform workers face in the area of working
conditions and social protection are linked to factors also found in other (non-
standard) forms of work. Some challenges, such as discrimination, may also arise in
the broader labour market, but potentially have a bigger impact on platform workers
given that some are particularly vulnerable, for example those who are younger, less
experienced in the labour market, or recent migrants (Eurofound, 2018).
Other challenges are specific to platform work. For example, many platforms use
intransparent and disadvantageous terms and conditions, and may alter these without
notifying platform workers (Graham et al., 2019). Clickworkers45 risk unique forms of
psychosocial stress and non-payment, and this type of work only became possible with
the advent of online platforms. This study will attempt to clearly distinguish between
challenges particular to (a given type of) platform work, and non-standard work
arrangements.
A final but particularly important type of non-standard employment is self-
employment, which refers to many different types of work. Eurofound finds that
roughly half of self-employed people have high levels of job quality, whereas a quarter
are characterised by economic dependence, low levels of autonomy, and financial
vulnerability (2017c).
In this study, the term ‘self-employed’ is used to refer to anyone who works and earns
remuneration outside the context of an employment relationship and is thus
contractually self-employed.
An important distinction to make is between false or ‘bogus’ self-employment and
‘genuine’ self-employment. Bogus self-employment refers to individuals who are
factually employees (subordinate to an employer), but for reasons connected to the
evasion of regulatory legislation, are contractually self-employed (Eurofound, 2017c).
The opposite status is sometimes called genuine self-employed, which refers to
individuals whose factual circumstances and contractual status are both aligned with
self-employment.
intermediaries versus simple online marketplaces, and how this can impact platform workers, see De Groen et al. (2018).
44 For example, under Directive 2008/104/EC, temporary agency work is defined and many contractual
obligations established for all parties. Most relevant, all temporary agency workers in the EU must have an employment contract.
45 Platform workers using platforms such as Amazon Mechanical Turk, CrowdFlower, or Clickworker.
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3.2 Conceptualisation of ‘worker’
The term ‘worker’ (NL: werknemer, FR: travailleur, DE: Arbeitnehmer, ES: trabajador)
may have different meanings when used in different EU languages and/or in different
contexts. It may even have different legal interpretations.
In English, ‘worker’ commonly refers to all who work (travailleur, trabajador, and so on),
irrespective of their legal employment status or classification in most national labour law
frameworks. By this understanding worker would include travailleurs salariés and
travailleurs non-salariés, werknemers and zelfstandigen, employees and the self-
employed.
The terms ‘worker’ and ‘employee’ have both been used in EU labour legislation, the
latter word most often being used in older directives and specifically those that concern
collective labour rights. Most recent EU labour legislation, however, uses the concept of
‘worker’. Both terms have the same legal connotation in EU labour legislation and refer
to an employment relationship.
Settled case law of the Court of Justice of the European Union (CJEU) has given an EU-
autonomous interpretation to the concept of ‘worker’. In the Lawrie Blum case,46 decided
under the free movement of workers framework, the CJEU defined a ‘worker’ as ‘a
natural person who for a certain period of time performs services for and under the
direction of another person in return for remuneration’. This definition of ‘worker’ has
also been applied by the Court to the concept of ‘employee’ in older EU directives.
However, there is no single definition of worker in EU law; it varies according to the area
in which the definition is to be applied.47
One should remain very careful and not lose the nuances, as the terms ‘worker’ and
‘employee’ may still have a slightly different meaning across the different directives,
depending on whether they refer to the national legislative definition of each Member
State, or to the autonomous EU meaning of ‘worker’ as interpreted by the CJEU. Member
States’ national legislation differs with regard to the concept of worker or employee, and
differences may even exist between labour and social protection legislation of a
particular country.
Under EU law, the key criterion for establishing the existence of an employment
contract, and hence classification of ‘employee’ or ‘worker’, is that of subordination. The
CJEU has given a broad interpretation of this criterion, which may go much further than
that determined by national legislation. In other words, the concept of subordination
under EU law may be broader than the one provided under national law with the
consequence that a person may be considered as self-employed under national law and
as ‘worker’ or ‘employee’ under EU law. In such cases, the person should be covered by
the protection of the relevant EU directives. There are, however, countries where the
subordination requirement has been interpreted more broadly by national legislation or
national courts than the current interpretation of the CJEU and/or where the
subordination requirement has been complemented by other and newer criteria in order
to determine the status of a worker.48
46
Judgment of the Court of 3 July 1986. - Deborah Lawrie-Blum v Land Baden-Württemberg. - Reference for a
preliminary ruling: Bundesverwaltungsgericht - Germany. - Worder - Trainee teacher. - Case 66/85.
47 cf. Judgment of the Court of Justice of 1 March 2012, O’Brien, C-393/10, ECLI:EU:C:2012:110, paragraph
30.
48 In Austria, economic dependency is taken into account for determining the status of an employee in social
security law apart from the personal dependency criterion which is similar to the ‘subordination requirement’ and the key determinant under labour law. In several countries there is no statutory definition of ‘employee’ and reference is made to the existence of an employment contract (examples are – non-exhaustive - AT, BG, BE, DK, FR, IE, IS, LU). In these countries but also in countries which have a statutory definition, the concept of employee is mainly developed through case law. Whereas the ‘subordination’ dimension is always one of the key criteria to determine the existence of an employment relationship, other aspects are also considered. In the UK, the judiciary has over the years developed a number of tests for helping to define those who are
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In addition to the boundary given by the degree of subordination, which differentiates
between a worker/employee and a self-employed person, another boundary is relevant
to platform work: that of the marginality of the economic activity. Under a certain
threshold, an activity can be considered (by national or EU law) as too marginal or
ancillary to be an economic activity (be it performed by a worker or self-employed
person). The CJEU has, however, interpreted the criterion of ‘genuine and effective
activity’ very broadly, also identifying as workers those doing a limited number of hours
per week (e.g. five and a half), working students, au pairs,49 or students working for
four days during the holiday period. In some cases, national legislation seems to set
stricter thresholds.50
In this study, we use the term ‘worker’, as in ‘platform worker’, without any
legal connotation, unless specifically noted as otherwise. In these exceptional
cases, we state that we mean ‘worker’ as defined by national law, specific EU legislation,
or by the autonomous EU meaning of the word.
3.3 Conceptualisation of platform work(er)
The conceptualisation of platform work consists of two parts: identifying what platform
work is compared with other types of work; and distinguishing between different types
of platform work.
In this study, platform work is understood as all labour provided through, on or
mediated by online platforms in a wide range of sectors, where work can be of
varied forms and is provided in exchange for payment. This definition is derived
from Eurofound (2018) and visualised in Figure 3.
employees (which corresponds to the EU concept of ‘worker’ as the UK concept of ‘worker’ refers to a third category who is neither an employee nor a self-employed) and those who are not. The tests have included: 1) the control test – i.e. the level of control exercised by the employer; 2) the integration test – i.e. the extent to which a person is integrated into an organisation; 3) the economic reality test – i.e. looking at the contract as a whole and deciding whether the individual was in business on their own account; 4) the multiple factor test – i.e. that there are a variety factors that could apply depending upon the circumstances; and 5) mutuality of obligation – i.e. whether there is an obligation upon the employer to provide work and whether there is an obligation upon the employee to carry it out. In Ireland, courts assess the mutuality of obligations, right to use substitutes, the degree of integration in the workplace, the economic realities as criteria next to the right to control and the degree of control exercised by employers. In Poland, the statutory labour law definition of worker includes the criterion of economic, social and personal risk sharing by the employer apart from the subordination and supervision dimension, the personal provision of the services and the remuneration requirement.
49 The term ‘au pair’ refers to a young person who is temporarily hosted by a family, and provided room and
board in return for light everyday family tasks.
50 See Section 5.
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Figure 3: Conceptualisation of platform work
Source: authors’ own elaboration.
The core features of platform work are a triangular relationship between platform,
platform worker and client, and online intermediation.51 Technology plays an
important role in work organisation, by using algorithms to pair clients and platform
workers, for example. Many forms of platform work involve smaller tasks, which
are part of a larger process (i.e. fragmentation and micro-tasks). Services are provided
on demand and the work is usually provided on a temporary or piecemeal basis.
Typically, platform workers do not have a long-term or stable relationship with the client
they are providing the services for, but there are some exceptions where platforms allow
their platform workers to have repeat clients or build up their own clientele. Platform
workers typically have no long-term relationship with the platform either.
However, it is important to note that the model in Figure 3 is very basic: a
simplification to help understand the labour element of platform work. In practice, many
variants and exceptions are possible, and more actors and intermediaries may be
involved. Furthermore - and critical for working conditions, social protection, and the
notion of subordination - the platform’s intermediation can entail from minimal to
very significant control over platform workers.
A few examples help illustrate the limits of this conceptualisation, when considering the
broader value chain of platform work. With personal transportation platforms, there are
frequently other actors (in addition to the basic three). For example, platform workers
may rent a car from a person or business. In Portugal, a platform worker cannot work
directly for Uber; rather, a transport company must have an employment contract with a
driver, and the company in turn has a commercial contract with Uber. In food delivery
platforms, the platform typically has two separate clients per transaction – the natural
person receiving the delivery, and the restaurant preparing it. A number of food delivery
platforms, such as Foodora in Austria, also formally employ some of their platform
51
In some exceptional cases, intermediation can take place through other means, such as through phone calls
or in person.
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workers, making the legal relationship between two parties much more clear-cut. Some
platforms (e.g. cleaning platform Helpling) allow clients to select individual platform
workers. In the case of Uber and food delivery platforms, the idea is to make platform
workers as fungible (replaceable) as possible, homogenising provided services (Schmidt,
2019).
These and other exceptions demonstrate that the wide heterogeneity of platform work
(e.g. type of services, party setting price, and level of platform worker autonomy) makes
it very difficult to settle on a universally accurate model, and to disentangle platform
work from other types of non-standard work (Fabo et al., 2017; Eurofound, 2018; Riso,
2019a). Nevertheless, the essence of platform work remains the exchange of
services and payments, with terms and conditions, and intermediation provided
by the platform.
The legal relationship between platform and platform worker, and between platform
worker and client, are exceptionally difficult to pin down. In fact, platform workers in the
same city working through the same platform may have different employment statuses
(Eurofound, 2018). Compared with other forms of work, platform work’s most
distinguishing feature is the ‘black box’ of intermediation.
Typology – distinguishing types of platform work 3.3.1
Platform work is very heterogeneous, and it is important not to overgeneralise when
considering all its forms (Eurofound, 2018). Different types of platform work have
specific and shared working condition challenges.52 Moreover, policy or legislative actions
often apply to a single platform or platform type, rather than all platforms meeting the
definition provided above.53
To help group similar platforms, the research team drew from existing typology of
platform work to identify characteristics especially important for working conditions.
These are as follows and as shown in Figure 4.
Skill requirement for tasks: higher- or lower-skilled (De Groen et al., 2016)
Location of tasks: online or on-location (De Groen et al., 2016)
Selection process: decision made by platform, platform worker, or client (Eurofound,
2018)
52
See discussion in Section 4.
53 For example, work performed on-location has been the focus of more collective action (Kilhoffer et al.,
2017).
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Figure 4: Typology of platform work
Source: authors’ own elaboration adapted from De Groen et al (2016); AMT refers to Amazon Mechanical Turk; on-location can refer to at the client’s premises, or performed elsewhere (such as a public space, e.g. city streets).
Note: though platforms usually tend towards one of the four quadrants, the figure is a spectrum rather than a typology. This figure is a simplification of very diverse forms of work and intermediation structures.
Online platform work refers to tasks that platform workers perform from any suitable
location on their electronic devices. In the literature, it may also be referred to as
‘crowdwork’, ‘location-independent’, ‘web-based’, or ‘online freelancing’ (e.g. Schmidt,
2017). In most cases, platform workers perform this type of work in their own workplace
(e.g. home) using a computer.
On-location platform work must take place in a specific physical location. However, the
matching still takes place online as in the case of online platform work. What differs is
the final step: whether the execution of the task takes place online or requires physical
proximity. In the literature, on-location may instead be referred to as ‘work on demand
via app’, ‘location-specific’, ‘location-based’, or ‘physical’ (Schmidt, 2017). This type of
work is often at the client’s premises but may be performed elsewhere. For example,
retail intelligence tasks take place in a private store, home renovation tasks might
necessitate fabricating wood or metal pieces in a private workshop, and personal
transportation and delivery take place in public spaces such as city streets.
On-location platform work seems to be better known and more discussed and debated
than online platform work. The former is certainly more visible; these platform workers
are easier to identify and organise, which has contributed to greater social partner
involvement (Kilhoffer et al., 2017).
The distinction between lower- and higher-skilled tasks refers to the service for which
payment is exchanged, and not the skill level of the platform worker, or the overall skill
level required. For example, clickwork (via AMT or similar) may include image
recognition and data entry – small-scale, simple tasks that generally require no
specialised training. However, the organisation of such work may entail highly complex
strategies to find the best-paid tasks, such as writing and leveraging algorithms, as well
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as subcontracting tasks to a larger network.54 Food delivery (via Deliveroo or similar),
usually requires little or no training. Still, some platform workers doing these tasks use
management and interpersonal skills to oversee others and organise and conduct
negotiations between workers and management.55 Thus, lower- and higher-skilled are
simplifications of the complexity, scale, and specialisation required for tasks, and should
not be interpreted as absolute or normative judgements.
When helpful, the research team also considers other elements that differentiate various
sorts of platform work, such as task allocation and autonomy levels for platform
workers.
Note also that a great variety of online platforms, including social networks such as
Facebook, e-commerce websites such as Amazon and Etsy, and sharing services such as
CouchSurfing, are discussed under the umbrella of the platform economy (Fabo et al.,
2017). By this study’s understanding, these are a part of the platform economy in the
broadest sense but are not examples of platform work.56
Size, prevalence, and expected evolution of platform work in the EU 3.3.2
To address the main question of this study, some discussion of the size and expected
evolution of platform work is required. The more people take part in platform work, and
the more it is expected to grow, the more significant its associated challenges and the
stronger the case for intervention.57 This section provides a brief overview of the topic.
How prevalent is platform work?
Measuring platform work is fraught with conceptual and technical challenges,
such as considering the number of platform workers, the amount and frequency of work
performed, and the revenue generated. As of autumn 2019, the most complete overview
of data on platform work seems to be Riso (2019b), which discusses and attempts to
mitigate these challenges in great detail. Conceptual challenges include definitional
complexity and a lack of standardised terminology, as briefly discussed above. As
an example of technical challenges, data on platform work is not or cannot be
gathered in most of the ways that data on other forms of work can be, for
example national labour surveys and administrative reporting.58
Because of these challenges, estimates on the size and prevalence of platform work have
used a variety of conceptualisations of platform work and methodological strategies, for
example, online, offline, or mixed surveys, administrative data, and big data. As a result,
estimates on the size and prevalence of platform work are often vastly
different, and little consensus exists (Fabo et al., 2017; Kilhoffer et al., 2017; Riso,
2019b).
Two recent studies on platform work illustrate these differences in estimations. Huws et
al. (2019), using survey data, found that 17% of the working-age population in Spain
earn money from platform work at least weekly, and 10.5% less than weekly.
Meanwhile, 20.4% in Spain were found to be seeking, but not undertaking, platform
work. This would imply that 48.1% of adults in Spain are active or one-time platform
workers or trying to become one. Brancati et al. (2019), using COLLEEM II data (also
from surveys), finds that 18% of Spanish internet users between the ages of 16 and 74
years have at some point performed platform work, 4.7% at least monthly, and 4.1%
sporadically. Clearly the latter estimate is much more modest than the former, and this
54
See Annex I: Synopsis Report of consultations.
55 See Annex I: Synopsis Report of consultations.
56 For further discussion, see Annex II: A note on what is not platform work.
57 With respect to the proportionality principle of EU action.
58 The UK has attempted to address this with specific questions in labour force surveys.
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reflects conceptual and technical differences in the research methodologies.
Conceptually, for example, survey respondents may not fully understand what is meant
by platform worker.59 And one clear technical difficulty is that individuals responding to
online surveys (especially for a payment) are more likely to be platform workers than
the general population (De Groen et al., 2017a).
To better understand the size and prevalence of platform work in Europe, the research
team considered available data (Eurobarometer, Eurostat, COLLEEM, etc.) covering the
size of platform work in (all or many) EU Member States. The research team assembled
these datasets and performed a simple correlation test to understand how similar or
dissimilar these estimations are. Strikingly, existing estimates of the size of platform
work in Europe are almost completely uncorrelated. This provides strong evidence
that current measurements of platform work in the EU cannot be compared and
are of questionable reliability.
Nevertheless, some sense of the size of platform work in the EU is necessary given the
range of available estimates, even if we cannot be completely certain. Overall, the
research team is best persuaded by the more modest estimates for the prevalence of
platform work. One high-quality study from the Organization for Economic Co-operation
and Development (OECD) (2019) notes that the most reliable estimates suggest
employment from platform work60 ranges from 1% to 3% of total employment.
In particular, the research team considers the most recent and reliable data on platform
work in Europe to be that of the COLLEEM II project (Brancati et al., 2019). This study
looked at 16 European countries, and found that 1.4% of the population aged between
16 and 74 years are platform workers as a main job. The percentage of the population
who had ever performed platform work ranged from under 6% in Czechia, to 18% in
Spain, and averaged 11% for all surveyed countries.
As the study points out, however, this measure is far too broad. Those who simply tried
out platform work, or do so very rarely, are less relevant from a policy perspective.
Thus, excluding those who do platform work less than once a month, 9% of the adult
population are platform workers. COLLEEM II data sub-divides this group into ‘sporadic’,
‘marginal’, ‘secondary’, and ‘main’ based on a combination of how many hours worked
weekly (less than 10 hours, 10 to 19 hours, or more than 20 hours) and contribution to
income (less than 25%, 25 to 50%, over 50%). Those performing platform work as a
main job ranges from 0.6% in Finland to 2.7% in the Netherlands and the average for all
countries is 1.4%.
Table 3: Platform worker prevalence estimate as percentage of population 16-74 years
Country Sporadic
(%)
Marginal
(%)
Secondary
(%)
Main
(%)
Netherlands 2.8 3.4 5.1 2.7
Spain 4.1 4.7 6.7 2.6
Ireland 2.6 3.2 5.2 2.0
UK 2.0 3.5 5.7 1.6
Portugal 4.2 3.7 3.9 1.5
59
This should be unsurprising given the definitional complexity of platform work, and the need for surveys to
stay brief. Huws et al. (2019) also used a rather broad definition of platform work, including other means of gaining income through ‘online labour’ (such as selling goods rather than services).
60 The OECD (2019) used the term ‘gig economy platform’, but its definition of this is essentially identical to
that of this study. It also covered countries beyond the EU, but regardless, the same range applied to EU and other OECD countries.
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Germany 3.2 3.4 4.2 1.5
Romania 2.2 3.4 3.5 1.4
Hungary 1.7 1.4 2.2 1.4
Lithuania 3.8 3.6 2.7 1.2
Croatia 3.3 2.8 3.5 1.1
Sweden 3.0 2.6 3.7 0.9
Italy 1.5 2.5 3.9 0.9
France 1.5 2.6 2.8 0.9
Slovakia 1.2 2.2 1.8 0.9
Czechia 1.5 1.6 1.9 0.9
Finland 3.1 1.4 1.8 0.6
Total 2.4 3.1 4.1 1.4 Source: COLLEEM II survey data (Brancati et al., 2019)
Note: the total is for the available 16 countries. While no comparable estimates are available for the remaining Member States, Norway and Iceland, the data on available countries is assumed to be fairly representative for the EU, as a variety of regions, industrial relations systems, and government traditions are covered.
The employment status of platform workers is a highly relevant additional consideration
for policymakers, and COLLEEM survey data gives some indication of this. The COLLEEM
survey identified 10 types of tasks commonly associated with platform work, and
respondents were asked to indicate which they perform, as well as to select one of four
options for employment status: employee, self-employed, side gig as self-employed, or
not employed. However, the employment status was not specifically asked about in
relation to platform work, but generally. Previous research has found that many platform
workers are employees in standard employment, but self-employed when conducting
platform work, so this distinction is relevant (Eurofound, 2018).
Overall, 75.7% of platform workers claim to be employees while 7.6% claim to be self-
employed, but this includes very occasional platform workers. The self-reporting of
employment status is generally to be taken with great caution because survey definitions
and the manner of posing questions can differ. Table 4 shows self-described employment
status only for those performing platform work as a main or secondary occupation (not
sporadic), showing the type of task by COLLEEM’s 10 possibilities (far left column).
Looking at these results, those doing online micro-tasks (e.g. clickwork) and on-location
services (e.g. home repair or cleaning) were most likely to identify as self-employed.
Those providing online professional services (e.g. accounting, legal, or project
management) and transportation and delivery services, were most likely to identify as
employees. On-location services are most strongly associated with having a side gig as
self-employed, while platform workers providing online clerical and data-entry tasks, and
transportation and delivery services, are most likely to claim being not employed.
Table 4: Self-reported employment status by platform work type
Type of platform
work tasks
Employees
(%)
Self- employed (%)
Side gig as self-
employed (%)
Not employed (%)
Observ- ations (#)
Online clerical and data-entry tasks 37.5 13.5 37.2 11.8 862
Online creative and multimedia work 38.7 13.6 40.5 7.3 640
Online professional services 42.3 9.9 42.2 5.7 571
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Online sales and marketing support work 38.4 10.2 41.6 9.8 559
Online writing and
translation work 37.8 10.9 40.9 10.4 546
Online micro tasks 38 15.5 36 10.5 465
Online software development and technology work 39.5 11.8 41.4 7.9 385
Interactive services 40.2 12 40.1 7.7 327
Transportation and delivery services 39.7 9.6 39.5 11.2 319
On-location services 31.6 14.5 45.6 8.3 271
Source: COLLEEM (Pesole et al., 2018)
Note: this Table only shows self-described employment status of platform workers, excluding ‘very occasional’ platform workers.
Furthermore, COLLEEM finds that most platform workers do multiple forms of platform
work and use more than one platform. The most common tasks platform workers
perform are online clerical and data-entry tasks, while the largest proportion of platform
workers (including sporadic activity) provide online professional services. This contrasts
with some earlier findings. For example, De Groen and Maseli (2016) estimated that in
2015, two-thirds of EU platform workers were Uber drivers. Possible explanations are
that the methodologies are not comparable, and that online forms of platform work have
grown in relative prevalence.
Online software development and technology work, and transportation and delivery
services, are much more likely to be performed by men, while translation and on-
location services are more likely to be performed by women. The prevalence of most
services does not vary significantly between countries, though some differentiation is
notable. Slovakia and Croatia are associated with platform work requiring a low or
medium level of education, while the Netherlands is associated with tasks requiring
specialised training (e.g. software development or interactive services such as teaching
or consultation).
Overall, COLLEEM II data suggests the following about the prevalence of
platform work in Europe:
1. 11% of adults have gained income from platform work at some time;
2. 3.1% of adults do platform work at least 10 to 19 hours/week or receive
between 25% and 50% of their income from platform work;
3. 1.4% of adults do platform work at least 20 hours/week or receive at least
50% of their income from platform work;
4. for individual Member States, this figure ranges from 0.9% to 2.7%;
5. the most common forms of platform work are online;
6. the prevalence of different types of platform work across different countries is
mostly the same;
7. those performing platform work as a primary or secondary occupation are less
likely to be employees than those performing platform work sporadically;
8. employment status of platform workers remains very ambivalent from existing
data, and/or to the platform workers themselves.
What is the trajectory of platform work?
Even less data exist on the outlook for platform work, namely whether it will grow or
contract. Aloisi notes, ‘[…] many online platforms are still in their business “infancy”, and
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experts genuinely do not know how they will develop.’ (2018). Overall it remains
to be seen whether certain forms of platform work will continue to grow, stagnate, or
disappear as technology advances.
However, some quantitative research points to continued growth. Huws et al. (2019)
found that between 2016 and 2019, platform work effectively doubled in the UK,
based on proportion of adults carrying out platform work at least weekly.61 For the five
largest English language online labour platforms, representing at least 70% of the
market by traffic, the Online Labour Index shows roughly a 30% increase in tasks posted
between July 2016 and July 2019 (Kässi and Lehdonvirta, 2018). Based on a PwC
analysis of collaborative economy62 platforms, even starker growth (by revenue) is
visible from 2013 to 2016, as shown in Figure 5.
Figure 5: Revenues and transaction values facilitated by collaborative economy platforms
in Europe
Source: Vaughan and Daverio (2016: p. 14).
Most experts consulted over the course of this study agree that platform work is here to
stay in one form or another, and will probably grow.63 One trend with more clear growth
potential is algorithmic management, contained in the ‘black box of intermediation’,
which platforms have continued to develop and refine. Algorithmic management seems
to be spreading beyond the platform economy, which means that even if platform work
(as it currently exists) does not continue to grow, the lessons learned may continue to
be relevant.
Most experts consulted also indicated that online forms of platform work have much
more room for growth. For example, demand for micro-tasks boomed when companies
started using human input to train artificial intelligence (AI) (Schmidt, 2019). Car
companies are increasingly relying on online platform work to train their software and
creatively solve problems. This trend may not continue indefinitely, however. The need
for humans performing simple and repetitive micro-tasks may become increasingly
obsolete as AI, and machine learning in particular, continues to improve.
Some experts perceive that personal transportation and food delivery services are
beginning to plateau. Many cities seem to have an oversupply of these platform workers
61
The UK is the only country for which trend data are available. Note that Huws et al. (2016) would also
include individuals selling products on their own websites and selling self-made products. Selling goods is outside the scope of this study’s understanding of platform work.
62 The term ‘collaborative economy’ is still sometimes used in place of platform economy, even by EU
institutions. However, the terms ‘collaborative’ and ‘sharing’ have generally fallen out of favour in this context due to their normative connotations. See the European Parliament Opinion 2017/2003(INI), p. 4 at http://www.europarl.europa.eu/doceo/document/EMPL-AD-592420_EN.pdf?redirect.
63 For more detail, see Annex I: Synopsis Report of consultations.
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relative to demand, as illustrated by protests over lack of work and reduced pay per
task. However, other forms of on-location work probably have more room to grow. For
example, caretaking and cleaning may grow in prominence, especially as the population
ages.
Another question concerns the economic sustainability of certain types of platform work.
After Uber’s highly-anticipated initial public offering in May 2019, many publications
question whether it will ever become profitable (Horan, 2017; The Economist, 2019).
One day in the indeterminate future, autonomous vehicles may well displace (platform)
work in the personal transport sector. Individual platform companies will certainly rise,
fall, merge and change, but charting the future course of platform work remains mostly
speculation.
Overall, available data and expert opinion suggest the following outlook for
platform work in Europe:
platform workers are growing in number and will continue to do so for the
foreseeable future;
o demand for many services offered via platform work (e.g. training AI and
certain on-location services) is growing;
o certain services offered via platform work may not have as much growth
potential or may be more vulnerable to technological changes (e.g.
automation);
certain characteristics of platform work are becoming more common in the
economy at large (e.g. non-standard employment, algorithmic management,
rating systems for people).
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4. CHALLENGES FOR PLATFORM WORKERS
This section maps the challenges related to the working and employment
conditions of platform work. It builds on an extensive review of the academic and grey
literature and on the fieldwork conducted for the study (stakeholder interviews, focus
groups and a survey completed by national experts). National experts were asked to
indicate what challenges emerge in their country, specifying how prevalent these
challenges are, how they are expected to develop over time, and what types of platform
work are affected. Caution is needed when interpreting the responses of the national
experts on the expected evolution of the challenges because, in the absence of other
sources, these are mainly based on their personal views. National experts also
accounted for national developments, which are dealt with in section 5. Other
stakeholders were consulted to provide insights from an EU-level perspective or to
represent the views of an interest group. The inputs provided by the experts and
stakeholders are confronted with the literature, which serves as the baseline for this
Section. Relevant results from the fieldwork are highlighted where appropriate.
4.1 Framework
To perform this mapping of challenges in a structured yet comprehensive way, we use a
job quality framework based on the Work, Employment and Social Relations
(WES) model put forward by Lamberts et al. (2016). This gathers a wide range of
indicators capturing working and employment conditions and helps structure the
discussion on the working and employment conditions facing platform workers.
Job quality is a multidisciplinary, multidimensional concept that is generally understood
as ‘the extent to which a job has work and employment-related factors that foster
beneficial outcomes for the employee, particularly psychological well-being, physical
well-being and positive attitudes such as job satisfaction’ (Holman, 2013). Because of
the broadness of the concept, there is no single definition of job quality. Instead,
multiple indicators have been identified that contribute to its measurement. The job
quality concept used by Eurofound considers seven indices derived from the European
Working Conditions Survey: physical environment, social environment, work intensity,
working time quality, skills and discretion, prospects, and earnings (Eurofound, 2017b).
The OECD’s framework considers the worker’s situation as well as the labour market. It
includes three dimensions: earnings quality, working environment quality, and labour
market security (e.g. risk of job loss, benefits generosity and coverage) (Cazes et al.,
2015). The International Labour Organization (ILO), the United Nations Economic
Commission for Europe (UNECE) and Eurostat jointly developed a quality of employment
framework with seven dimensions: safety and ethics, income and benefits, working time
and work-life balance, security and social protection, social dialogue, skills development
and training, motivation and employment-related relationships. Finally, the European
Trade Union Institute (ETUI) created the widely used ETUI Job Quality Index using six
job features to compile one job quality score: wages, non-standard forms of work,
working time, working conditions and job security, skill and career development, and
collective interest representation (Leschke and Finn, 2016; Leschke et al., 2012).
The WES model organises the multitude of possible indicators describing the job quality
of platform work. Twenty-one indicators from the selection suggested by Eurofound
(2017b) are categorised into three broad dimensions that encompass all relevant,
objective job features needed to measure job quality at the worker level (Lamberts et
al., 2016). These three dimensions capture the bulk of the job quality literature: work,
employment, and social relations (Lamberts et al., 2016). The work dimension reflects
the organisation of specific tasks and the environment where a worker performs labour.
The employment dimension relates to those job characteristics that are mostly fixed
within formal employment agreements and interfere directly with workers’ private lives,
for example, wages, working time or training. The social relations dimension links
social relations and interactions, social dialogue and representation at work through
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formal and informal channels. The WES model allows us to consider tasks as well as
jobs.
Table 5 shows the WES model and its main indicators and demonstrates how the
conceptualisation of different definitions overlap with those in other commonly used
frameworks.
Table 5: Comparison of the WES model with other job quality frameworks and their
definitions and indicators
WES model
(Lamberts et al., 2016)
Work organisation
Task autonomy
Autonomous teamwork
Task complexity
Speed pressure
Emotional demands Repetitive tasks
Risks (ambient, bio- chemical, musculoskeletal)
Employment conditions
Permanent contract
Full-time work
Wage, additional fees
Atypical working hours
Working time flexibility
Planning autonomy
Career opportunities
Training
Social relations
Participation
Representation
Supportive
management
Social support
Adverse social
behaviour
Eurofound
(2017b)
Physical environment
Work intensity
Skills and discretion
Working time quality
Prospects
Earnings
Social environment
Holman
(2013)
Work organisation Wages and payment
systems
Security and flexibility
Skills and development
Engagement
Green
(2006)
Intrinsic job quality Earnings
Prospects
Working time quality
-
ETUI Job Quality Index
Working conditions
Job security
Wages
Non-standard forms of work
Working time
Skill and career development
Collective interest
representation
OECD Job Quality Framework
Working environment
quality (level of job strain)
Earnings quality (level
and distribution across workforce)
-
ILO, UNECE and
Eurostat Quality of Employment Framework
- Safety and ethics
Income and benefits
Working time and work- life balance
Skills development and training
Security of
employment and
social protection
Social dialogue
Employment-
related
relationships and
work motivation
Source: authors’ own elaboration.
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Box 1: The Fairwork Framework: a job quality framework tailored to platform work
Graham et al. (2019) have developed a job quality framework specific to platform work called the
Fairwork Framework. This framework helps to assess decent work standards in platform work by means of a scoring system with basis and advanced points, leading to a total score on ten per platform. Academics, policymakers and trade unions jointly defined five principles for fair platform work:
Fair pay: the platform pays the local minimum wage (basis); pay is high enough to also cover costs (advanced)
Fair conditions: task-specific risks are mitigated (basis); the platform is actively improving working conditions and workers’ health and safety (advanced)
Fair contracts: the platform’s terms and conditions are transparent, concise and available
for workers (basis); and preferably also genuinely reflect the nature of the employment
relationship(advanced) Fair management: the platform has a documented process for decisions affecting its
workers through which workers can be heard, consulted and informed (basis); the platform additionally provides evidence of equity and/or informed consent for data collection (advanced)
Fair representation: freedom of association and worker voice mechanisms (basis); which is
completed with a recognised collective body that can undertake collective representation and bargaining (advanced)
The five principles of the Fairwork Framework are covered by the WES model: fair conditions are included in the work dimension; fair pay and fair contracts are part of the employment dimension; fair management and fair representation are taken up in the social relations dimension.
Besides these broad frameworks, academic studies have put forward job quality models
that focus on a subset of indicators and define the relationships and interactions between
them. The job demands – job control model developed by Karasek (1979) distinguishes
two types of job quality determinants, and focuses on the interaction between the
‘demands’ a worker faces and the available mechanisms to cope with them, or ‘controls’.
An example of a ‘job demand’ is working with tight deadlines; an example of a ‘job
control’ is having a high level of autonomy. The Karasek (1979) model only accounts for
the ‘work’ dimension. The extended job demands-control-support model and the
validated job demands-resources model were later introduced to account for a wider
range of indicators. These revised models also include indicators for employment
conditions and social relations. Other models that have been developed in the discipline
of psychology include the effort-reward imbalance model and the high-performance
works systems. Sociologists have introduced the ‘socio-technique’ that focuses on the
organisational level and suggests self-organising teams as a way to foster job quality. In
the medical literature, the focus is on occupational safety and health. Other theories,
such as the dual labour market theory, consider larger converging or diverging
tendencies of groups of workers, or take a perspective of management (human
relations) or consider it from a collective bargaining perspective (industrial democracy).
Table 6: Overview of job quality models developed in different fields
Work Employment Social relations
Job demands-control (JD-C) X
Job demands-control-support (JD-C-S) X X
Job demands-resources (JD-R) X X X
Effort-reward imbalance X (X)
High Performance Works Systems
(HPWS)
X X (X)
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Socio-technique X (X)
Occupational safety and health (OSH) (X)
Dual labour market X
Human relations X X
Industrial democracy (X) (X) X
Source: authors’ own elaboration.
Because the WES model captures most of the aspects put forward in traditional job
quality models, as well as in frameworks developed with specific focus on platform work,
this model seems the best fit to provide a complete overview of all the relevant aspects
of work in the platform economy. It offers an elaborated overview of objective indicators
composing job quality, without predefining the relations between indicators. This allows
us to address indicators individually, while combining and adding other aspects specific
to platform work. Table 7 shows the adjusted WES model that guides our research. The
use of technology and algorithms is covered under each dimension.
Table 7: Adjusted WES model
Work dimension Employment dimension
Social relations dimension
Other indicators
Autonomy in the allocation of tasks
Employment status Representation Undeclared work
Autonomy in work
organisation
Determination of the
employer
Participation in
decision-making
Cross-border work
Surveillance, direction and performance
appraisal
Contracts Supportive management and
social support
Data protection
Task complexity Social protection Adverse behaviour and equal treatment
Work intensity and speed pressure
Earnings
Emotional demands Working time
Physical environment Career opportunities
Training and skills
Source: authors’ own elaboration, based on Lamberts et al. (2016).
Where possible, the study highlights whether a challenge is specific to platform work, or
to the use of algorithms, or whether it is part of a larger issue. In the WES model,
challenges specific to platform work are likely to be found under the work dimension and
to a lesser extent the social relations dimension, while challenges identified under the
employment dimension are typically broader and go beyond platform work. However, it
appears that the employment dimension has received most attention in the debate and
literature, precisely because it captures those aspects that interfere directly with
workers’ private lives. Given that platform work is mainly performed as a secondary
activity that comes on top of another job or activity (see Pesole et al., 2018), it likely
has a significant impact on work-life balance. This issue is also a major point of
discussion with other non-standard forms of work (Eurofound, 2017a). In addition,
because platform workers generally use their own equipment to perform the tasks at
hand (for example, riders use their own bicycle and smartphone), platform work is
almost automatically set in the private sphere.
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Note, however, that any examination of the challenges related to platform work is
complicated by the high level of heterogeneity in the types of platform work, platforms,
and platform workers. In addition, because the WES model considers a wide variety of
job quality indicators across these types of platform work, it is very difficult to formulate
clear-cut conclusions for some of the challenges described. For that reason, the analysis
below is highly nuanced (although these nuances are necessarily abstracted in the
summary tables at the end of each part). Three points are considered in these summary
tables: the importance of the challenge (high, medium, low, or none), the
specificity of the challenge (challenge specific to platform work, common for non-
standard work, or found in the wider labour market), and the affected types of
platform work (all, on-location versus online, low- versus high-skilled, client-,
platform- or worker-determined). The section for each indicator gives examples of which
platform work types are affected. Similarly, comparisons between platform work and
other forms of non-standard work are drawn in the text.
How the importance of the challenge is categorised is much more complicated: it
accounts for the literature and fieldwork (notably the expert questionnaires and
interviews), the legal and socio-economic interpretation64 of a challenge, the extent to
which an issue is discussed and by which actors, the extent to which a challenge is
specific to platform work or not, the extent to which a challenge affects all or some types
of platform work, and so on. While such details and nuances are described in the
analysis, the summary tables combine all this information into a single ‘score’. To label a
challenge ‘high’, we considered whether it was identified in the literature and the
fieldwork as a ‘major’ challenge that moreover is specific to platform work and affects all
or most platform work types. The only exceptions are employment status and
representation, which, while highly relevant, are not specific to platform work.
Challenges that emerge from the literature and fieldwork as ‘major’ but that are not
specific to platform work, or only affect a few platform work types, are labelled
‘medium’. Classified as ‘low’ are those ‘minor’ challenges that arise among other non-
standard forms of work or in the labour market more generally, and that have been
raised in the literature or by the experts consulted for this study. These challenges are
typically especially relevant for one or a few types of platform work. In addition, some of
these challenges do arise in real life but are not seen as problematic by platform
workers, social partners, policymakers or other actors, atypical working times, for
example. Challenges with the label ‘none’ refer to those issue that may arise, though
only in a very few, specific cases affecting some individuals. For example, having to deal
with difficult clients is more likely to be a challenge with on-location work, but it does not
mean all platform workers engaged in this type of work experience emotional demands.
For some individuals, however, this may be the case. This issue has not been raised by
the consulted experts and there is little evidence beyond anecdotal reports available in
the literature. Although the available evidence is discussed, it is deemed insufficient to
justify a different categorisation.
The following sections describe the work, employment and social relations dimensions of
platform work and their related challenges. These analyses are primarily based on a
literature review and completed with data gathered through fieldwork. The identified
challenges have also been validated in an expert workshop.
4.2 The work dimension
The work dimension of the WES model combines the elements that are usually
distinguished by other job quality models: job content, working conditions and work
organisation. Combining these aspects into a single dimension is useful because these
64
This is an important point: when comparing the questionnaires for each country, for example, there were
several instance where socio-economic experts flagged as issue as ‘major’ whereas the legal experts did not consider it a challenge at all. This is taken into account in the analysis. This level of detail, however, is difficult to provide in the summary tables.
Study to gather evidence on the working conditions of platform workers
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characteristics are often interrelated. The physical and psychological risks (traditionally
seen as working conditions) a worker encounters are not independent of the performed
task (job content) and the work organisation.
This section presents the platform work state of affairs on task allocation, autonomy in
work organisation, surveillance, direction and performance appraisal, task complexity,
work intensity, speed pressure, emotional demands and physical environment. The use
of technology, apps and algorithms has an impact on all elements of the work
dimension. Within the WES model, the work dimension is the most affected dimension in
this regard.
Autonomy in the allocation of tasks 4.2.1
The allocation of tasks, or the division of work, among workers, is one of the most
discussed issues related to working conditions. Along with the idea of ‘being your own
boss’, having the autonomy and flexibility to determine when to work, what tasks to do
and how to execute them has been identified as a key factor that motivates workers to
engage in platform work (Ivanova et al., 2018; Pesole et al., 2018). Freedom in the
selection and execution of tasks is very important to platform workers (Berg, 2016; De
Groen and Maselli, 2016). Having autonomy in the allocation of tasks is shown to be
beneficial for job quality (Karasek, 1979).
Compared to other forms of work, platform workers have a rather high level of
autonomy in the allocation of tasks (Eurofound, 2018; Pesole et al., 2018). However,
the allocation strategy used to divide tasks among the platform workers depends on the
type of work and the organisation of the platform (ibid.). Three task allocation strategies
can be distinguished, depending on who makes the selection (Eurofound, 2018): (i)
tasks are allocated by the platform (i.e. the platform matches client and worker -
‘platform-determined’ work;), (ii) tasks are allocated by the client (i.e. the client
selects a worker - ‘client-determined’ work), and (iii) tasks are allocated by the
workers (i.e. the worker chooses their tasks - ‘worker-determined’ work). The allocation
of tasks is linked to the matching process, which is usually based on an offer or a
contest, though the latter is much less prevalent (Eurofound, 2018). In addition,
platforms can move between allocation strategies over the course of their development.
The change can be to the advantage or detriment of worker autonomy. Cleaning
platform Helpling, for example, allowed its workers to have a fixed group of clients;
hence these platform workers have more control over task allocation.
In principle, all three allocation strategies can be found across all types of platform work.
In practice, however, platform-determined work seems to be more prevalent in low-
skilled on-location or online work, such as food delivery and click-work. Food delivery
riders and ‘taxi’ drivers typically receive task offers allocated by an algorithm, which they
can accept or decline. Although the option to decline tasks suggests relatively high
worker autonomy, it is important to take the precise platform mechanics into account.
For example, platforms differ as to which information is made available about the actual
task, and when. On most transportation platforms, riders only receive information about
the location of the client after accepting a task, limiting the capacity of the worker to
make an informed decision about the task acceptance (information asymmetry) (Lee et
al., 2015; Rosenblat and Stark, 2015; Rosenblat and Stark, 2016). In addition, the
platform worker’s autonomy in task allocation is harmed by systems imposing penalties
for declining tasks or stipulating a minimum number of obliged acceptances. Platforms
such as Uber and Lyft suspend drivers from the system if they cancel (possibly
unprofitable) trips too often (Rosenblat and Stark, 2016). The algorithm, ratings and
rewards systems thus undermine the formal autonomy of the platform worker regarding
the decision to work or not.
In client-determined work, the client selects a platform worker to do the task. This
can be based on a contest or competition between the workers, or a review of the offers
or profiles of the platform workers. In the latter case, platform workers are strongly
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dependent on the ratings or reviews received by previous clients. Platform workers
without any ratings typically find it difficult to get work. Platforms are aware of this issue
and some have developed strategies to assist their workers. Examples include
background checks, a rating based on the completeness of their profile, a verification
that the worker is a real person who has had an intake interview with the platform, and
links to the worker’s profile on social media. These methods are used to create trust
(Schreieck et al., 2018). There are also differences between platforms as to whether
they impose penalties on platform workers who deny a task. Platforms such as ListMinut
or Hilfr allow workers a lot of autonomy to decide what tasks they accept. They
encourage platform workers to accept the allocated task, but do not penalise them for
declining (interviews with platform representatives). In other cases, platform workers
may feel pressured to accept a task to avoid a penalty or bad review. Finally, even in
client-determined platform work, platforms have significant power to control market
entry and to guide their clients’ choices.
Worker-determined platform work is associated with the highest allocation
autonomy. Here, clients post a task on the platform and the workers can select the ones
they prefer. In such cases, however, the platform workers’ profile and online reputation,
as well as the availability of tasks, also determine which tasks a worker can actually
access (Martin et al., 2016). Factors such as income insecurity may also lead platform
workers to accept any task posted, thereby restricting their autonomy in practice.
Although allocation autonomy in platform work can be higher than in regular jobs, there
are several explanations as to why it could be more limited in practice.
Autonomy in work organisation 4.2.2
Work organisation is defined as the organisation of the work to be performed with regard
to the order, method and tempo of the tasks (Szekér et al., 2017).65 This definition
largely coincides with the concept of discretion or ‘decision latitude’ put forward by
Eurofound (2017d). The concept of autonomy in work organisation correlates strongly
with the legal subordination ‘test’, which is crucial in determining the employment status
of a platform worker. A higher level of autonomy at the task level is associated with
higher levels of job quality because this can compensate for a high workload (job
demands) (Karasek, 1979). According to the job demands – job control model, the
amount of control and discretion a worker has moderates the effect of job demands on
psychological pressure. As a result, the psychosocial well-being of employees can be
improved by offering them a higher level of control and discretion without changing job
demands (Clays et al., 2007; Karasek Jr, 1979).
Autonomy regarding the work organisation, next to the flexibility to choose specific tasks
and when to work, are among the main motivations for workers to engage in the
platform economy (Yordanova, 2015; Berg, 2016; De Groen and Maselli, 2016;
Temper, 2017). While employees in regular companies usually receive tasks, instructions
and feedback from a supervisor, and may not have any contact with the company’s
clients, platform workers receive tasks via the platform, but instructions and feedback
stem directly from the client. This may cause confusion and reduce workers’ autonomy.
Once a task is allocated, platform workers’ autonomy regarding the work organisation
varies according to the type of work, and the design and organisation of the
platform. In relation to the type of work, the highest autonomy in work organisation
comes with online platform work based on differentiated skill use, similar to employees
in such jobs, examples of which include graphic designers and IT specialists. (Leimeister
et al., 2016; Pesole et al., 2018). Leimeister et al. (2016) describe how tasks requiring
specialised skills performed online feature more intensive interactions between the
platform worker and client. Whether an IT specialist works as an employee in a company
or uses a platform, the process leading from the task description to the final delivery is
65
Autonomy regarding working hours is discussed in a separate section under the employment dimension.
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similar in both cases. To be able to perform the task, the worker needs to be entrusted
with a reasonable degree of task autonomy. A similar logic applies to on-location tasks
using differentiated skills, which tend to be complex and require the worker to have
some degree of autonomy in determining how to approach the task. The opposite applies
to low-skilled online and on-location work. Platform workers engaged in online
micro-tasks, such as household services working at the client’s location, and
transportation services involving passenger transportation or food delivery, have a lower
degree of autonomy in the work organisation (Eurofound, 2018; Pesole et al., 2018).
Sundararajan (2016) explains that organisational autonomy is lower in these cases
because the structure of the working relationships is more hierarchical. This implies that
instructions do not allow for changes in the completion, and that workers are closely
supervised.
Note, however, that there can be large differences between platforms intermediating the
same type of work, depending on how platforms are organised. For example, are tasks
fully predefined by the platform or can clients make their own proposition?
Nothwithstanding this, it does particularly appear that those platforms intermediating
work based on undifferentiated skills, regardless of whether they are online or on-
location, tend towards largely predefined tasks. This also reduces the platform worker’s
autonomy in determining the method, order and speed.
Surveillance, direction and performance appraisal 4.2.3
During the execution of the work, the platform and/or client monitors the platform
worker. The level of control the platform or client can impose has a strong impact on a
worker’s autonomy and well-being. In platform work, surveillance, direction and
performance appraisal techniques greatly rely on the use of technology, apps and
algorithms. Surveillance implies the monitoring of platform workers, allowing the
platform to interfere in the work process by providing direction and guidelines.
Performance appraisal is understood as an evaluation of the provided work, feedback
and ratings. The use of technology in such processes is a particular feature of
platform work, though in ICT-based mobile work, technology-based monitoring
instruments may be used to compensate for the employer’s loss of control (Eurofound,
2018b). Given that very little is known about how algorithms work (the ‘black box’ in the
conceptualisation), these processes are poorly understood, but nevertheless have a huge
impact on platform workers. For that reason, this challenge is deemed of high
importance.
The surveillance, direction and performance appraisal that take place in regular
employment relationships between an employer and employee are more scattered in
platform work. The triangular relationship between platform worker, platform and client,
which in some cases can include additional parties, implies that others may exercise
surveillance and direction vis-à-vis the worker. Platform workers might be monitored,
receive direction, evaluations or even penalties from the platform (or its algorithm), the
client or both (Eurofound, 2018; Rosenblat and Stark, 2015).
The literature flags up a number of challenges from identifying at least five managerial
control systems (Waters and Woodcock, 2017): surveillance; automatic evaluations;
automated decisions; automated messaging systems; and digital choice architecture.
These mechanisms are often related. Surveillance of the labour process, for example by
tracking, is often done by platforms intermediating transport services. It provides
platforms with detailed information on the location of the driver, their speed and general
work pace. Rosenblat and Stark (2016), for example, explain how Uber monitors the
trips of its workers based on GPS data (a geotracking system). Ivanova et al. (2018) find
similar cases for Deliveroo and Foodora. Tracking is used by platforms intermediating
online work as well. AMT allows clients to specify that platform workers must be
‘Mechanical Turk Masters’, which implies that platform workers allow online monitoring
of their work (see Figure 6). Some platform workers are in favour of this type of
tracking, as it provides them with proof in case of conflicts (Wood et al., 2019). The
Study to gather evidence on the working conditions of platform workers
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existence and nature of such tracking mechanisms is indicative of the amount of control
a platform can exercise over its platform workers. It has, in fact, been used in court
cases to assess whether there is a link of subordination between a platform worker and a
platform (see infra).
Figure 6: Example of AMT 'Mechanical Turk Masters'
Source: screenshot provided by German expert consulted during fieldwork. Surveillance creates large amounts of data that platforms can use for automatic
evaluations of platform workers (Mohlmann and Zalmanson, 2017). If drivers or riders
fail to complete a delivery during their shift, they typically face penalties, such as the
strike system implemented by Uber. These evaluations might be at the basis of
automated decisions, such as task allocation systems, and data-driven automated
messaging systems influencing workers’ behaviour through reminders and pop-ups
(Gillespie, 2018; Van Doorn, 2017). Choices and behaviour of workers and clients are
led by the general design of the platform, creating a digital choice architecture of which,
for example, unwanted alternatives are filtered out (Sunstein, 2015). Ivanova et al.
(2018) present examples of direction mechanisms used by Foodora and Deliveroo in
Germany.
First, these platforms exercise control via automated messages based on what is
estimated normal behaviour for a rider (Mohlmann and Zalmanson, 2017). Using GPS
data and data received through the app when the rider indicates what step of the
delivery they are on (i.e. accept task, arrived at restaurant, collected meal, arrived at
client), the platform generates personalised estimates as to how long it will take to
complete a task. Riders receive an automated message such as ‘contact the dispatcher’
or ‘log in again’ whenever irregularities are observed. Although riders are closely
monitored, these platform workers ‘perceive the automated notifications as less
controlling than a human supervisor’ (Ivanova et al., 2018: p. 13).
Second, food delivery riders are incentivised through financial rewards to guarantee
that there are sufficient riders during busy shifts or to encourage them to complete
orders more quickly.
Third, deriving data from their personal statistics, the platforms adapt the selection of
possible shifts riders are able to access when choosing their working times. There is
high internal competition for popular shifts, so underperforming platform workers have
fewer chances to book shifts on their preferred hours. The financial rewards and the way
platforms shape workers’ weekly schedules are ways to nudge workers towards
behaviour that is considered desirable. Such mechanisms undermine the autonomy and
flexibility platforms claim to offer, especially for platform workers who depend on the
income gained through platform work (Ivanova et al., 2018; Lehdonvirta, 2018).
Whether a platform worker can refuse shifts or disregard previously agreed to shifts
Study to gather evidence on the working conditions of platform workers
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without facing penalties is an indication of the degree of subordination and managerial
control.
Fourth, the platforms’ control systems create information asymmetries between the
platform worker, client and platform, limiting the actual decision latitude of these
workers (see supra). The lack of transparency regarding the algorithms used for
allocation and monitoring raises questions about the fairness of these mechanisms
(Ivanova et al., 2018; Lee et al., 2015).
Traditionally, performance appraisal forms part of the human resources management
activities organised by the employer in regular employment relationships. Performance
appraisal serves to justify workers’ rewards, as well as different levels of rewards within
and between companies, and to define required developments for a worker to perform in
the future (Dransfield, 2000). An appraisal usually starts with a clarification on the
evaluation criteria considered to accurately measure past performances. In the context
of platform work, however, rating systems are typically used to evaluate workers’
performance. Platform workers receive feedback from clients, who can either rate the
entire transaction or part(s) of it (Van Doorn, 2017). Ratings can take different formats,
depending on the platform (e.g. an option to provide text or only a score). These ratings
or evaluations feed into a platform worker’s online profile and determine their
reputation. Rating systems are often one-sided: clients can rate platform workers but
not vice versa. In the case of Uber, however, drivers and riders can rate each other
(two-sided reviews).
Rating, review or reputation systems are poorly understood and often intransparent. But
they have a major impact on platform workers because they affect their future work
opportunities on the platform (Aloisi, 2015; Lee et al., 2015; Rosenblat and Stark,
2015; De Groen et al., 2018a; Wood et al., 2019). And they are common in platform
work. Wood et al. (2019) describe rating systems as the most effective tool for
algorithmic control. On some platforms only the profiles of platform workers with the
highest scores are presented, making it difficult for those with low or no ratings to find
work. On others, for example Fiverr, all profiles are shown. Many platforms, including
Hilfr and Helpling, allow clients to search for platform workers based on ratings. Other
platforms, such as Uber, prohibit workers with a rating below a certain threshold to
work. These dynamics put significant pressure on platform workers to get good ratings
(Lee et al., 2015; Rosenblat and Stark, 2015; De Stefano, 2017; Wood et al., 2019),
which causes stress and raises the emotional demands of the work (Aloisi, 2015).
Platform workers have indicated that ratings are sometimes arbitrary, unfair or biased,
yet there are few options for recourse (ibid.).
Ratings are linked to a specific platform and workers cannot usually take their online
reputation with them when transferring between platforms. However, research on
transferable online reputation systems is growing, and arguments both for and
against the transferability of ratings have been put forward. Arguments against
transferability include those that platform workers should have the right to be forgotten
or that they may struggle to get rid of ratings they consider unfair or incorrect, and that
some types of platform work have little compatibility – for instance, what value does an
excellent profile as an Uber driver signify for a platform worker who wants to work as a
cleaner? (Lenaerts, 2018). On the other hand, the transferability of ratings may help
overcome the monopoly power of platforms, make it easier to work with multiple
platforms, and gives workers more control (ibid.). To this end, some new initiatives
support ratings transferability. Deemly, for example, is a platform that allows platform
workers to create an online profile combining reviews from different platforms that can
be shared via a digital link. Such initiatives could be further explored.
Task complexity 4.2.4
Task complexity is defined as the degree to which a worker is required to meet high
quality standards, solve problems independently, and learn new things in order to fulfil a
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task. In the job demands – job control model of Karasek (1979), task complexity is
understood as a job demand. How task complexity contributes to job quality depends on
the interactions with other job characteristics, such as autonomy. More job demands
lead to more stressful situations and negative job outcomes, but high levels of job
demands combined with an increase in job controls, such as autonomy, can lift these
jobs into active jobs with more positive outcomes (Karasek, 1979).
In the context of platform work, task complexity varies according to the nature of the
work: is a task a routine task, a complex task, or a creative task (Rouse, 2010)?
Note that all three of these types are found online and offline. Routine tasks can be
found in transportation and household services, for example food delivery, and in low-
skilled online work, for example clickwork where a worker tags images. Routine tasks
require limited prior knowledge (Alkhatib et al., 2017). Pesole et al. (2018) report that
platform workers engaged in routine tasks are the least likely to learn new things (Pesole
et al., 2018). However, online micro-task workers report learning new things more often
than workers using an undifferentiated skill set in on-location platform work (Pesole et
al., 2018). The complexity of routine tasks is low.
Complex tasks, for example online content creation, reviewing and testing products or
applications, and participating in user surveys, require more effort. Creative tasks are
considered to have the highest complexity level, as the work is profession-based and
implies that workers have differentiated skills or are specialised in the area, and that
such tasks require workers to learn new things regularly (Pesole et al., 2018). Both
types of tasks include professional online or on-location work (e.g. IT specialists). These
platform workers find themselves significantly more often in stressful situations related
to their tasks (Pesole et al., 2018).
As the complexity of the task itself does not appear to be much affected by the use of
technology or algorithms, task complexity is not discussed as a challenge in the
literature on platform work, nor has it been identified as such by any of the experts and
stakeholders consulted for this study.
Work intensity and speed pressure 4.2.5
Work intensity is an indicator combining the amount of work and the work pace. This
indicator refers to ‘the effort and strain associated with carrying out the work’
(Eurofound, 2018). High levels of work intensity are associated with negative job quality
outcomes, such as burnout, stress and sleeping problems (Boekhorst et al., 2017;
Cottini and Lucifora, 2010; Maslach et al., 2009). Platform workers engaged in on-
location and online work based on undifferentiated skills report higher levels of work
intensity due to the competition between workers and their replaceability. Examples
include food delivery and passenger transportation, which are low-skilled tasks. A
platform worker participating in the French focus group emphasised how he felt that he
could easily be replaced.
Speed pressure is a related concept that gives an indication of the degree to which a
worker has to cope with tight deadlines, automatic speed, direct control or quantitative
production norms, whether they are dependent on external factors or colleagues to be
able to finish a task, and whether sufficient time is foreseen to complete a task (Szekér
et al., 2017). Speed pressure, as well as repetitive work, increases the probability of
suffering from mental health issues, such as stress, anxiety and sleeping problems, and
from physical health issues such as trembling hands (Cottini and Lucifora, 2010; EU-
OSHA, 2017). In platform work, speed pressure is determined by two factors: deadlines
posed by the client or platform, and having to combine multiple tasks and working on
different platforms at the same time and sometimes in combination with regular
employment (EU-OSHA, 2017; Pesole et al., 2018). The highly competitive environment
of platform work and its income insecurity have major consequences: platform workers
are likely to take on as many tasks as possible and work with tight deadlines, which
leads to an increased work pace or skipping breaks which in turn augments the risk of
Study to gather evidence on the working conditions of platform workers
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injuries (Drahokoupil and Piasna, 2017). This is particularly the case with micro-tasks,
which are known for their repetitive nature and low remuneration (EU-OSHA, 2017).
Platform workers in food delivery have mentioned that they are entitled to only very
short breaks and that some of them do not manage to take breaks at all while working
(Eurofound, 2018).
The threat of replaceability causes stress among platform workers engaged in low-skilled
on-location or online work. Huws et al. (Huws et al., 2017) document how the threat of
replaceability leads to an increased work intensity among Uber drivers, with drivers
working at a rapid pace without taking breaks. This is also explained by the on-demand
nature of platform work, which requires platform workers to compete in a large pool of
others locally or globally, while the availability of work is uncertain and often limited.
When tasks do appear, they dictate short deadlines, which can be stressful (EU-OSHA,
2017; Huws et al., 2016; Maselli et al., 2016). Speed pressure can also be problematic
for platform workers in transportation services. This depends on the organisation of the
platform, however, and in particular on its payment and evaluation system. For example,
platform workers earning a high hourly wage will be less likely to accept a
disproportional number of tasks in a limited period, compared with workers who are paid
per task (Lehdonvirta, 2018). This may also apply to household services, even though
Pesole et al. (2018) find that these workers are the least likely to face tight deadlines.
Professional online workers, who do mostly creative, profession-based tasks that are
rarely repetitive, are also often required to meet regular tight deadlines and may have to
win tasks through online competition (Pesole et al., 2018). The need to constantly
compete to have sufficient work causes stress. Nevertheless, these platform workers
tend to have a different perception of this situation. Those engaging in online contests
are aware of the insecurity that this type of work entails, and tend to approach it as a
way to build up a portfolio and only participate in contests when they have sufficient
time to do so (Eurofound, 2018).
Both work intensity and speed pressure can be high for platform workers, and is likely to
be aggravated by further increases in the competition between workers for tasks and
between platforms for clients. Tasks requesting undifferentiated skills, high work
intensity and speed pressure may provide reasons for workers to stop doing platform
work, and some workers state that they only accept these conditions because the work
is temporary (Eurofound, 2018; Lenaerts, 2018). There are substantial negative effects
on job quality (Lamberts et al., 2016), especially when the work itself is repetitive, not
set in a well-structured organisation, and without the necessary support, such as
obligatory rest periods or specialised materials. This holds for platform work and other
types of irregular employment, for example casual work, homeworking and temporary
agency work (Vereycken and Lamberts, 2018).
Emotional demands 4.2.6
Emotional demands are an indicator of the emotional pressure workers feel during the
execution of tasks, including dealing with direct demands from clients, or having to hide
your feelings (Eurofound, 2017b). Personal contacts have been proven to influence the
psychological well-being of workers (Boekhorst et al., 2017; Huang et al., 2011).
Emotionally demanding jobs have a lower overall job quality, bringing, for example,
higher risk of sleep problems, low general and physical heath, and low mental well-being
(Szekér et al., 2017). Jobs that involve dealing with and supporting people have been
found to be especially emotionally demanding, for example those in in commerce and
hospitality, healthcare, and the education sector (Eurofound, 2017b).
In platform work, emotional pressure can be two-sided. Platform workers are hired
for individual tasks that are not usually emotionally demanding. Not all platform workers
have direct contact with clients, for example those in contest-based online work.
However, because of the fierce competition between workers, constant monitoring of the
work and online evaluations that are available to all users of the platform, platform
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workers are required to be flexible, friendly, and customer-oriented regardless of the
type of work they do. The application of rating systems requires platform workers to
have a service mentality, making these jobs far more emotionally demanding than their
counterparts outside the platform economy (Lee et al., 2015; Raval and Dourish, 2016).
Lee et al. (2015) also emphasise that, in the context of ride-sharing, clients tend to
underestimate the importance and impact of their ratings on the worker. In this way, a
‘platform job’ is broader than the tasks paid for, as it also involves constant customer
care and public relations. The same accounts for household service and professional
workers facing an imbalanced power relationship, in which they have to meet and please
the client directly and sometimes work under their direct supervision. This is not
necessarily specific to platform work, but rather depends on other circumstances, such
as the type of contract or the task at hand. A parallel can be seen with casual workers,
for example, those who have no guarantees to have a job the next day or week, and aim
to keep their employer satisfied in the hope of receiving a stable contract (Vereycken
and Lamberts, 2018). Similar tendencies are found among temporary agency workers
(ibid.).
Platform workers’ dependence on the client for payment and good ratings causes stress.
While this applies to any type of platform work, it is especially the case for online and
on-location workers with differentiated skills who are trying to sell their expertise and
portfolio to potential clients. Although some platforms allow workers to negotiate with
clients on the specificities of the task, and to have a final say in whether they accept a
task or not, in many cases the client plays a large role in the allocation of the work.
Schmidt (2017) finds that creative online workers especially are in a vulnerable position,
as their work is more loosely defined and often vaguely described. This requires social
skills to maintain the relationship with the client, notably when payment depends on the
approval and acceptance of work by the client, and where evaluation by the client is a
crucial factor for future work (ibid.). Similar issues arise for portfolio work, where
freelancers simultaneously work for a variety of clients and depend on good customer
relations for future work (Vereycken and Lamberts, 2018). In the context of platform
work, the lack of support from direct colleagues increases the risks related to high
emotional demands compared to regular employees (EU-OSHA, 2017; Pesole et al.,
2018). That being said, not all platform workers report this as an issue (Eurofound,
2018).
As a final point, being in emotionally disturbing situations is often discussed along with
emotional demands (Eurofound, 2017b). In this regard, the moderation of harmful or
violent online content – which occurs in some forms of online platform work – warrants
attention. Exposure to emotionally damaging images is known to have a considerable
impact on workers’ well-being and mental health (Lamberts et al., 2016). When this type
of content is encountered in official instances, the workers involved usually receive
extensive psychological counselling. Platform workers, however, may perform this type
of work without appropriate psychological and social support and in a solitary situation,
which increases its negative impact (Solon, 2017; Taylor et al., 2017).
Physical environment 4.2.7
The physical environment in which work is set refers to the exposure to ergonomic,
ambient and biochemical risks, the material required and acquired, and other
physical occupational health and safety risks (Eurofound, 2015). These indicators have a
direct impact on job quality outcomes such as the physical or psychological health of
workers. OSH is a priority for EU policymakers, and the improvement of working
conditions to protect workers’ health and safety is enshrined in Article 153 of the TFEU.
The physical environment and health and safety of platform work have been discussed
extensively, both in the literature and in public and policy debates. National experts
consulted for this study also identified health and safety as an important challenge for
platform work in the survey, and most of the focus group discussions also emphasised
it. Note, however, that the focus has largely been on mental and physical health and
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accidents at work, and there is no evidence on occupational diseases in relation to
platform work. Most attention regarding health and safety issues is paid to on-location
platform work carried out at the client’s premises or in public spaces (e.g.
transportation, household or professional services). Far less attention has been devoted
to the health and safety risks of online work.
For most tasks carried out by platform workers, the related risks are comparable to
those for regular employees doing similar tasks. On-location workers such as drivers will
face traffic and ergonomic risks, bikers have the increased risk of deadly traffic
accidents, cleaners are exposed to chemical substances and experience ergonomically
straining situations. Online workers face risks related to long working hours on
computers, such as visual fatigue and musculoskeletal problems. In the case of platform
work, however, protective occupational health and safety regulations are not necessarily
guaranteed and are hard to regulate (Tran and Sokas, 2017). Platform workers are
responsible for their own health and safety, which includes the provision of protective
equipment and the materials and tools needed to perform the task (Huws, 2016;
Eurofound, 2018).
However, several studies find that platform workers are not always able to assess the
health and safety risks related to a task or are unaware of and uninformed about
potential risks, and receive limited or no training on health and safety (Huws,
2016; Pesole et al., 2018; Eurofound, 2018). This is problematic, considering that
platform workers are, on average, younger and identified as being subject to a higher
risk of occupational accidents and injuries (Huws, 2016; Tran and Sokas, 2017). Another
issue is that platform workers do not necessarily do this type of work regularly, and thus
may be less experienced with the task, and frequently switch between activities. In this
sense, there are similarities with temporary agency workers, who also face higher risks
than employees in similar jobs (Benavides et al., 2006; Howard, 2017; Tran and Sokas,
2017; Wilde, 2016). In addition, competition between platform workers may encourage
them to accept tasks for which they do not have the right equipment or have no
experience or, or continue to take on when sick (EU-OSHA, 2017; Pesole et al., 2018). A
related issue that was raised in the focus groups is that platform workers are generally
paid by task and not by hour. This may lead workers to work long hours and to work as
fast as they can, which forces them to take risks such as crossing the street on a red
light. Working long hours and combining multiple jobs can also cause stress and fatigue
(Cottini and Lucifora, 2010).
Previous research and the fieldwork conducted for the study confirm that many platform
workers are unaware of or unconcerned by health and safety risks. Exceptions include
on-location platform workers such as food delivery riders and worker-initiated and
client-determined moderately skilled platform workers (EU-OSHA, 2017; Pesole et
al., 2018; De Groen and Kilhoffer, 2019). Food delivery riders indicate concerns about
traffic accidents and having insurance (EU-OSHA, 2017; Pesole et al., 2018). One food
delivery rider participating in a focus group for France, for example, highlighted the
importance of accident insurance, noting that this was necessary because delivery riders
feel pressured to take risks, and indeed knew colleagues that had had grave accidents as
a result of doing so. This platform worker argued that the eligibility criteria of the
insurance should be fit for purpose; preconditions such as having paid social security
contributions for at least one year exclude workers with no or limited labour market
experience.
Some platforms offer protective gear or equipment to their workers, either for
rent or free of charge. Some food delivery platforms, for example, offer bikes, helmets,
backpacks and jackets.66 Other platforms leave this up to the worker. Deliveroo
66
Interestingly, several food delivery platforms initially obliged their workers to wear specific gear, but later
came back on this decision as it called into question whether the workers involved were in fact self-employed or rather fell under the supervision and direction of the platform – taking on the role of employer.
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riders, for example, use their own bikes and are responsible for their maintenance,
whereas riders working for Takeaway can use a bike provided by the platform. Some of
the experts and stakeholders consulted argued that the materials or equipment provided
by platforms might not suffice to fully protect workers. On the other hand, when
platform workers have to provide their own equipment, there is the risk that they might
try to save costs and, therefore, do not foresee the cost of high-quality tools or the exact
materials required for a specific task. Platform workers who can set their own price can
account for the costs of the equipment and materials needed to perform the task
(Eurofound, 2018). Platform workers who cannot do so indicate that this makes it
difficult to make a living out of platform work and are forced to (temporarily) quit when
their equipment or material breaks down, finding, for example, that they are unable to
pay for bike repairs (ibid.).
Experts at focus groups in Estonia and France mentioned that the responsibility for
health and safety measures usually falls on the employer. With platforms refusing to
take on this role, or registering the workers as self-employed, this responsibility falls on
the platform workers. Experts emphasised that platforms do not always provide the
necessary incentive to their workers to prevent accidents, and that in general preventive
measures are being overlooked. In the Estonian focus group, the issue of insurance was
discussed at length. Estonia is a small country without large international insurance
companies, and providing specific insurance for platform workers is too expensive for
local insurance companies. A further complication is that insurance firms only allow
employers to insure workers, but platforms are not necessarily employers, and neither
do insurance products typically cover temporary, short-term assignments.
In short: challenges related to the work dimension 4.2.8
Of the three dimensions distinguished in the WES model, the work dimension is most
strongly affected by technology or algorithms. These may radically reshape how work is
allocated, organised, monitored and performed. In this regard, however, it is important
to distinguish between completely new tasks that have been made possible through
platforms, such as online micro-tasks, and those that existed before. In the latter case,
the working conditions may not differ much from those in more traditional work
environments, depending on the platform. The related physical and psychological risks
are not necessarily very different, but rather are aggravated in the context of platform
work. This can be attributed to the non-conventional work environment, the absence of
an organisational structure, and the use of algorithmic management. Responsibility for
health and safety often falls upon the platform workers themselves, who in addition use
their own materials and equipment.
In this area, the allocation and organisation of work as well as surveillance, direction and
performance appraisal, and the physical environment, emerge as the main challenges.
Platform workers performing low-skilled on-location tasks face higher physical risks,
while high-skilled work is associated with higher levels of autonomy and complexity and,
for online work, with risks linked to excessive screen time. Whereas typically the
employer is responsible for health and safety provision and providing the necessary
equipment and materials, this is left to the platform worker, who executes tasks outside
a conventional workplace. For these reasons, this challenge is labelled high and specific
to platform work. Depending on the platform, platforms, clients or workers may allocate
tasks and can determine the method, order and speed in which work should be done.
Many platform workers are not ‘their own boss’, but instead fully depend on the tasks
allocated to them, which they execute as instructed by the platform or client. This is
problematic, especially with regard to the allocation of tasks, and is moreover an issue
specific to platform work. For these reasons, this challenge is categorised as high.
Autonomy in work organisation is a medium challenge, as it is linked to the complexity
of the task at hand. Those performing more complex tasks will (necessarily) have more
autonomy. The use of technology, apps and algorithms in surveillance, direction and
performance appraisals is unique to platform work. This may, however, present major
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challenges as platform workers are monitored continuously and receive online ratings or
reviews that they often cannot counter. Such ratings nevertheless have a substantial
impact on platform workers’ future work opportunities. This challenge is also specific to
platform work and categorised as high, notably as very little is known about the
underlying algorithms platforms use (the ‘black box’), which complicates any
intervention by policymakers and other actors, such as inspectorates. Task complexity
and emotional demands are not considered challenges. Although some platform workers
do need to manage relationships with clients, challenges related to emotional demands
appear to arise in individual cases rather than on a wider scale. Work intensity and
speed pressure are minor issues that pertain in particular to some types of platform
work.
The expected evolution of these challenges is generally unclear because this depends on
the types of platform work and which platforms will grow and the extent to which
competition between platform workers will become more intense. This, however, also
depends on the national and EU-level responses introduced. These are handled in
subsequent sections.
Table 8: Summary table of challenges related to the work dimension
Indicator Importance of
challenge
(high, medium,
low, none)
Specificity of challenge
(specific to platform work, common for
non-standard work,
general labour market)
(Most) Affected types of platform work
(all types, online vs. on-location work, low- vs. high-skilled, client-, platform- or worker-
determined)
Autonomy in the allocation of tasks
High Specific to platform work
All types, though most problematic for:
- platform- or client-determined
work
- low-skilled work
Autonomy in work organisation
Medium
General labour market All types, though most problematic for:
- low-skilled platform work
Surveillance, direction and
performance appraisal
High Specific to platform work
All types, however:
- algorithmic surveillance and
direction most prevalent with low- skilled platform work
- rating systems are universal
Task complexity None General labour market Low-skilled platform work
Work intensity and speed pressure
Low
General labour market All types, but especially problematic for:
- low-skilled platform work
Emotional
demands
None
General labour market On-location platform work where
there is direct (face-to-face) contact with clients
Physical
environment
High Specific to platform
work
All types, but especially problematic
for:
- on-location platform work
Source: authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
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Figure 7: Stylised representation of work challenges for different types of platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
Figure 8: Stylised representation of work challenges for different types of platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
allocation of tasks
autonomy in work organisation
surveillance, direction & performance appraisal
task complexity work intensity & speed
pressure
emotional demands
physical environment
online, low-skilled online, high-skilled
on-location, low-skilled on-location, high-skilled
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4.3 The employment dimension
The employment dimension encompasses aspects relating to the formal context in
which a platform worker performs tasks. This includes the legal employment status,
contract, social protection, and the composition of a worker’s earnings, among other
topics. Next to these legal aspects, the employment dimension also discusses work-
related issues that directly affect a platform worker’s personal life, such as working time,
training or career opportunities. In relation to platform work, the determination of the
employer and the termination of the relationship with the platform also have to be
considered. The use of technology, apps or algorithms has implications for the
employment dimension, though to a lesser extent than in the work dimension. Ratings
and rankings, for example, may severely affect the earnings potential of platform
workers. This is discussed in more detail below.
Employment status 4.3.1
The employment status or labour market status indicates the status of a person as either
working in the framework of an employment relationship (employee) or working on their
own behalf and for their own account (self-employed).67 It refers non-exhaustively to the
contractual aspect of employment in terms of the autonomy and the authority that
workers have in their jobs, the duration and number of working hours, incorporating
economic risk (European Commission, 2019). The distinction between the categories of
self-employed and employee is generally based on subordination, whereas the concept
of economic dependency is often used as a criterion for intermediate categories, such as
dependent self-employed.
The employment status of platform workers is one of the most discussed topics in the
public and policy debates on the platform economy in Europe, both at the Member State
and EU levels. This interest is mirrored in both the academic and grey literature, with a
large number of articles discussing the issue. There is a consensus in the literature and
among the surveyed experts and stakeholders that the uncertainty on the employment
status of platform workers is a pressing issue that is expected to remain stable or
increase, as platform work gains in importance. In fact, based on available
literature and expert inputs, the employment status of platform workers appears to be
the most important challenge that needs to be addressed (Garben, 2019). This focus
on the employment status follows from the notion that it determines, to a large extent,
what rights and obligations workers have, for example concerning labour protection,
social protection or taxation.68 This applies to both individual and collective rights.
In the EU, platform workers typically do not have a separate status and, therefore, have
to be classified under one of the employment statuses recognised in the country. This
has proven difficult for a number of reasons. First, platform work is characterised by
complex employment relationships that involve multiple parties (i.e. platform,
client and potential additional actors, such as restaurants for food delivery riders)
(Eurofound, 2018; Lenaerts et al., 2018). Platforms typically argue that they play the
role of intermediary, matching supply and demand for specific services. Although such
clauses are generally legally not enforceable, platforms often indicate explicitly in their
terms and conditions that they are not the employers of the workers using the
platform, often without specifying the employment status of the platform worker or by
classifying them as self-employed. There are exceptions, for example platforms offering
employee contracts or other types of contracts. But these are limited.
Another important complication as regards the employment status of platform workers is
that it is difficult to apply the principles laid down in labour law or case law to
67
Council of the European Union, Proposal for a Council Recommendation on access to social protection for
workers and the self-employed, Article 9 (b), 15394/18, LIFE.1.C (10.12.2018).
68 Taxation of platform work income was in fact indicated as the main challenge in the Danish focus group.
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distinguish employees from the self-employed in the context of platform work. Platform
work is blurring the boundaries between ‘employee’ and ‘self-employed’, which
complicates the classification of workers into statuses and can lead to
misclassifications.69 In general, the self-employed do not have the same labour rights
as employees. As explained in detail below, in some countries labour rights that are
typically attributed to employees are extended to individuals who find themselves in the
grey area between being self-employed or an employee, for example the French El
Khomri Law, which grants the right to vocational training to self-employed platform
workers. Some experts consulted for this study have indicated that it should be
examined as to whether classification issues in platform work are part of a larger trend
that is also found in other cases, and whether the uncertainty about the legal status is
deliberately used to decrease labour costs or push responsibilities from one party to the
other.
A related issue is that under certain circumstances, platform work may not be
considered an economic activity, for example because of the low number of hours
worked or the low income generated.70 In such cases, platform workers do not
necessarily have access to social protection through their platform work activities.
However, this is mitigated by the fact that most platform workers have a main activity
besides platform work through which workers have access to social protection (EU-
OSHA, 2017; ILO, 2016; Eurofound, 2018a; Pesole et al., 2018). Nevertheless, this does
mean that those who depend the most on platform work – i.e. those who do not have a
main activity – are covered the least (see infra).
Against this background, platform workers are generally considered self-employed or
independent contractors. Whereas this may certainly reflect the real employment
relationship for some platform workers, for example on-location or online workers with
differentiated skills providing expert services, others may find themselves in a grey zone
(Eurofound, 2018). Platform workers doing low-skilled on-location tasks (e.g.
transportation or household services) or who are active on platforms that exercise
considerable control over the work allocation and work organisation, set the transaction
price and have extensive surveillance and control mechanisms, are most likely to be
misclassified. Furthermore, platforms such as Foodora who are active in several
countries seem to adapt to the national legal and regulatory framework by, for example,
only working with self-employed workers in one country while offering multiple options
elsewhere. For these reasons, bogus self-employment is a much-discussed challenge for
platform work. It was one of the main topics covered in the Slovenian focus group, for
example.
Although, as indicated above, challenges related to workers’ employment status are
among the most salient issues, they are not, however, specific to platform work. In
contrast, the increased flexibility and workers’ autonomy, but also the facilitated forms
of (extensive) control, made possible through digitalisation and technological change,
have blurred the boundaries between different employment statuses more generally (De
Groen et al., 2017a). Also, different types of employment relationships are found in
other non-standard forms of work, and determining workers’ employment status is not
always straightforward (Vereycken and Lamberts, 2018). Given the current challenges,
some platforms are believed to veer towards deliberate misclassification of platform
workers. Indeed, this was suggested by one of the consulted experts in an interview. In
many ways, platform work is seen as a test case, highlighting how changes in the world
69
In France, for example, subordination is key to determining the employment status. Workers should be
classified as employees when platforms have the power to direct, control and sanction. To be classified as self- employed, platform workers should be free to accept or refuse tasks, the platform should not be able to give directions or instructions, and the worker should receive no sanction even in case of misconduct. In the UK, the concept of economic dependency came into play in recent court cases (see following sections).
70 This is the case in Belgium, when platform workers earn less than a specific cut-off level through an officially
licensed platform.
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of work put pressure on the existing regulatory and legal frameworks. For that reason,
many have called for an update of national labour law (ibid). As will become clear, some
countries have either attempted to regulate the conditions of the platform work indirectly
by defining the status of platform work or by expanding the personal scope of national
legislation. Portugal is one example.
Determination of the employer in platform work 4.3.2
Alongside the discussion on the employment status of platform workers, the role of the
platform has been subject to debate. Platforms generally claim to be intermediaries,
connecting workers to clients, or even tech start-ups, and often explicitly refute the
role of employer in their terms and conditions (Kilhoffer et al., 2017). In several
countries, for example Belgium, Bulgaria, Denmark, Finland, the Netherlands, Slovakia,
Sweden and the UK, it has been debated whether Uber should be categorised as a taxi
service or as another type of organisation. If classed as service providers themselves (as
opposed to mere information society intermediary), the risk for platforms of being
classified as ‘employer’ increases (while not being certain, and depending on the exact
nature of their relationship with the platform workers). The unclear status of platforms
has been identified as a major challenge by the experts and stakeholders consulted for
this study as well as the literature. This issue is likely to become more severe as the
platform economy continues its development. In most of the countries, platform
businesses are not recognised as a separate business sector and/or represented in a
separate employers’ representative body. This issue is hardly discussed for other types
of work; it is specific to platform work and hence categorised as a challenge of ‘high’
importance in this study.
The determination of the employer in platform work relationships is difficult for a
number of reasons. The lack of available data on platform work and the high level of
heterogeneity in the types of platform work and in the relationships between platforms,
platform workers and clients all complicate the analysis of whether platform workers are
employees with platforms as their employers. As for the employment status of platform
workers, it is difficult to generalise conclusions about the role of the platform because of
this heterogeneity, and a case-by-case assessment is needed. Related to this issue, the
status of platforms is not legally defined, nor is the concept of employer in most EU
Member States.
Where there is a legal definition, it tends to be linked to the concept of an employee or
to the employment relationship (as explained by several of the experts consulted). In
Slovakia, for example, an employer is a legal or natural person who employs at least one
natural person in a labour-law relationship, and, if so stipulated by a special regulation,
also in similar labour relations. The determination of whether a platform is an
employer is thus intertwined with the question of whether a platform worker is
an employee. In Germany, the concept of employer is primarily derived from that of
employee. According to German case law, an employer is someone who employs at least
one employee. Despite the link between the determination of the employer in platform
work and the employment status of platform workers, the latter has received
significantly more attention than the former, probably because of the strong connection
to working conditions and social protection. Or, in other words, for platform workers it
may be more important to understand whether they are employees or not than to
identify their employer.
The determination of the employer in platform work relationships can present a
challenge in any type of platform work, similar to the difficulties in determining the
status of workers. However, the issue is mostly discussed for on-location platform work,
notably transportation services, where there is doubt over the status of platform
workers and on which the debate on bogus self-employment has centred. This
topic has been somewhat less discussed for other types of on-location platform work, for
example household or professional services, but could also be pertinent there. It has
received even less attention for online workers. Nevertheless, the lack of clarity on the
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employer in platform work is problematic because it creates confusion as to who workers
can receive orders from, or contact when faced with an issue, and in general leaves
platform workers in the dark about their own status and contracts.
To overcome these issues, Prassl and Risak (2016) suggest a functional concept of
employer could be adopted, and identify five main functions that employers have: (i)
inception and termination of the employment relationship, (ii) receiving labour and its
fruits, (iii) providing work and pay, (iv) managing the enterprise-internal market, and
(v) managing the enterprise-external market. Prassl and Risak (2016) explain that the
contractual identification of an employer could be replaced by a functional
conceptualisation that assesses whether the platform exercises the five functions. Taking
Uber as an example, the authors find that although the platform’s terms and conditions
explicitly refute the role of employer, Uber does carry out the five functions mentioned
above.
Contracts: type of employment contract, contractual information provision and 4.3.3
termination of the employment contract
Along with the challenges to determine the employment status of platform workers and
the employer, contracts have been much discussed in platform work. The employment
contract lays out the employment relationship between an employer and an employee,
making explicit the subordination of the employee to the employer’s command or control
(Eurofound, 2018). Contracts stipulate the duration of the relationship (e.g. permanent
or temporary), working time (e.g. full-time or part-time) and other aspects.
Traditionally, employment contracts were open-ended and full-time. Non-standard
contracts do not conform to this traditional form, but rather include part-time, fixed-
term, temporary, casual and seasonal work (Broughton et al., 2010). Non-standard
contracts are common for non-standard forms of employment. Examples are zero-hour
contracts, non-written contracts and voucher-based work.
Except for those platform workers who are genuinely self-employed, platform workers
are often confronted with non-standard contracts. Most of them do not receive a formal
contract but are instead referred to the terms and conditions stipulated by the platform,
which workers have to accept. These terms and conditions, however, are often
ambiguous. They may, for example, identify platform workers as self-employed and
simultaneously have elements that are at odds with self-employment. AMT’s terms and
conditions, for example, state that there is no legal relationship between the platform
worker and the platform, but that platform workers are not allowed to sub-contract
tasks. Prassl (Prassl, 2013) refers to this as ‘the contractual denial of employee or
worker status’ and explains that platform workers are often expected to sign
documentation that sets their status as self-employed. In addition, it has been noted
that platforms change their terms and conditions without notice to the platform workers,
or even with retroactive impact.71 The terms and conditions may also have clauses that
are not legally enforceable. This all runs against the principle of fair contracts, which
have to be transparent, concise and available to workers, and reflect the genuine nature
of the employment relationship (Graham et al., 2019). This issue applies in particular for
platforms who exercise a lot of control over their workers.
Furthermore, platform workers typically have no protection against the termination
of their relationship with the platform (Berg, 2016). Platforms can end relationships
with platform workers by deactivating their account, often without giving workers prior
notice or information as to why this decision was made. On some platforms, including
Uber, dismissal is linked to performance; workers whose ratings are too low are no
longer allowed to work through the platform. Platform workers are not protected when a
platform ceases its activities, for example in case of insolvency (i.e. collective dismissal
71
Examples can be found on faircrowdwork.com
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of platform workers). This issue has been flagged in the literature and by the experts
consulted in the study. On this note, it has to be recalled that platform workers usually
bring their own equipment, which they have bought, and that some of them need
specific licences in order to work. Uber drivers, for example, need a taxi licence in
Ireland. Some platform workers thus run up significant costs to be able to perform
platform work activities, but are not protected against termination of their relationship
with the platform, that is, the equivalent of ‘dismissal’ in an employment relationship.
Another issue that requires attention is that according to the Transparent and
predictable working conditions (TPWC) Directive, workers have the right to be
informed about their working conditions, which should occur in a timely manner
and in written format to which workers have easy access. In practice, platform workers
may not receive much information when starting work. They are usually referred to a
webpage, which may not be detailed or clear (note that the TPWC Directive does allow
the provision of information by electronic means). Conditions such as the start or end
date of the relationship or working times may not be explicit or very detailed. Platform
workers typically acknowledge receipt of this information by ticking a box on the
platform’s website that states they accept the platform’s terms and conditions.
Social protection 4.3.4
Social protection is understood as the coverage of risks and needs associated with
unemployment, sickness and healthcare, old age, invalidity, parental responsibilities,
loss of a spouse or parent, housing, and social exclusion. The social protection coverage
of platform workers has received quite a lot of attention in the literature and debate,
along with the challenges related to the workers’ status. This social protection challenge
has received significant attention from policymakers, social partners and other actors as
well, not only in relation to platform work but also in the context of non-standard work
more generally.
The literature and the experts consulted in this project have suggested that platform
workers tend to have less access to social protection (De Stefano, 2016; ILO,
2016; Berg et al., 2018; OECD, 2018). This is attributed to the classification of platform
workers as self-employed, their short work contracts, or even the fact that some
platform work is not considered an economic activity (‘not work’) (ibid.).
Workers’ access to social protection is partially linked to their employment status in the
labour market (Forde et al., 2017). Social protection systems, however, were designed
at a time when the traditional employment relationship with one employer and one
employee was the norm and are hence tailored towards the model of a single, stable,
full-time employment relationship (OECD, 2018). Other forms of work, in particular non-
standard forms of work and self-employment, may not fit into these schemes so easily.
As a result, these individuals are generally less protected and often responsible for their
own insurance. Several experts consulted for this study have, therefore, pointed out that
the challenge is not necessarily to improve the social protection of platform workers but
rather to improve social protection of the self-employed and non-standard
workers in general. This challenge is, therefore, clearly not specific to platform work
and is associated with the challenge of the unclear employment status and work
relationships in platform work.
Platform workers, being classified as self-employed, are typically less protected than
employees in the EU (both statutory and effective access), though they may have access
to non-contributory and some contributory social benefits. In terms of effective access,
the self-employed face issues with eligibility conditions, for example under-insurance due
to low minimum required incomes, short duration of benefits, waiting periods or
possibilities for opt-out exemptions. In some countries, the self-employed are covered
by the same social security scheme as employees, though not necessarily for all
branches (e.g. Austria, Hungary, Italy, Slovakia, Slovenia and Sweden) (ESIP, 2019).
Other countries have separate schemes for the self-employed (mandatory or voluntary),
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72
granting access to some or all branches. One expert, however, rightfully pointed out that
platform workers often do not register as self-employed, which implies that in practice
they are not covered at all through their platform work.
Most platform workers have a main activity besides platform work, through which they
have access to social protection (EU-OSHA, 2017; ILO, 2016; Eurofound, 2018a; Pesole
et al., 2018). ILO (2016) argues that this indicates an inverse relationship between a
platform worker’s dependence on platform work and their social protection coverage:
those who depend the most on platform work are covered the least. Those
platform workers without labour market activities besides platform work face higher
occupational risks, as this lack of social protection may encourage workers to continue
working when sick (EU-OSHA, 2017b). In addition, there is the constant psychological
burden for workers of ‘not falling sick’ because they do not have access to societal
protection (EU-OSHA, 2017b). This is especially problematic as this group of platform
workers is the most vulnerable. This group is likely to have lower labour market
participation overall or combine platform work with other forms of non-standard work.
These platform workers may not fully realise the consequences of not having access to
social security, nor be aware of their rights and obligations. With platform work
becoming more popular, experts believe that the number of platform workers whose
only source of income is platform work will grow, thus aggravating this challenge.
In this context, access to social protection and who pays social security contributions are
concerns that have been raised by platform workers, social partners, policymakers and
academic experts, though these challenges are part of a broader issue affecting the self-
employed and those in non-standard forms of work. Platforms seem less concerned
about this issue, arguing that platform workers as self-employed should take on their
responsibilities. On top of the issues described above, policymakers and social partners
have noted that platform work may contribute to the underfunding of social security
schemes or to shifting the burden of funding social protections from the employer and
worker to only the worker (consulted experts and stakeholders). In the French focus
group, there was a debate about whether or not platforms could or should contribute to
social protection. While a representative of a smaller platform argued that platforms’
business model is not suited to this and that they do not make enough revenue to
contribute, especially in the case of smaller platforms, other participants referred to
platforms’ responsibilities in this area. Some platform workers indicate that they are
worried about social security (accident insurance in particular), while others are less
worried because they can fall back on an outside activity (Eurofound, 2018). The focus
group discussion in the Netherlands, for example, showed that platform workers are
most concerned about their earnings and would rather opt for higher remuneration and
less social protection than vice versa.
Earnings: price-setting, wages and additional fees 4.3.5
The (additional) income that can be earned is one of the main reasons why platform
workers engage in this type of activity. The potential earnings and payment
conditions are, therefore, key elements that platform workers consider when deciding
which platforms to offer their services upon (Eurofound, 2018). Earnings, moreover, are
part of almost every job quality index (Eurofound, 2017b). Paid work provides people
with the means for material needs and decent living conditions, as well as the possibility
for personal development and a place in society. The level of remuneration influences
the impact of work on the living standards of the worker and is formed by a core wage
that can be increased by additional fees.72
In addition to the level of pay, other features concerning platform work warrant further
review: the speed and periodicity of payments, wage setting and negotiations, fees
72
Examples are extra pay for overtime, Sunday work, dangerous working conditions, performance-related pay
(e.g. based on individual performance, company shares, profit-sharing schemes, etc.).
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73
withheld by the platform, tips received from clients, costs related to platform tasks,
unpaid time, surge pricing and similar issues have been discussed in the literature and
were raised by experts, stakeholders and platform workers consulted in the study.
Issues related to earnings in platform work have been identified as a challenge that
affects all types of platform work, but particularly those workers who cannot set their
own prices (mostly those engaged in low-skilled online or on-location work). These
issues are expected to remain stable or grow in the future, as flagged by the surveyed
national experts. Concerns about earnings and payment conditions in platform work
have been voiced by trade unions and platform workers in particular (Daugareilh et al.,
2019; Huws et al., 2019). Other actors seem less concerned about earnings, typically
arguing that platform work is merely a secondary source of income.
To gain further insight into the challenges related to earnings in platform work, the level
of remuneration is examined first. A recent survey by Pesole et al. (2018) finds that
for 40% of platform workers the share of income obtained through platform work is less
than 25% of their total income; and for 30% the share of income gained from platform
work falls between 25% and 50% of the total income.73 This means that for 30% of
platform workers the income obtained through platform work makes up more than 50%
of their total income. A significant group of platform workers thus strongly depends on
the income gained through platform work.74 Platform workers typically do not have
access to additional fees (such as additional pay for night work).
These results corroborate previous surveys and studies, though reliance on platform
income appeared to differ significantly across countries (Berg, 2016; Huws et al., 2016;
Ilsøe and Madsen, 2018). A study by Smith (2016) concludes that lower income earners
are more likely to do platform work and that 56% of platform workers state that the
income from platform work is essential to them. The experts and stakeholders consulted
for this project have emphasised that special attention needs to be paid to the group of
platform workers who depend on this income. Several experts have indicated that
this group is likely to grow as the platform economy proliferates. In general, however,
there is only scarce evidence about what platform workers earn. This was pointed out by
several of the consulted experts (Bulgaria, Greece, and Estonia). In France, however,
platforms have to report what they pay to workers.
Most platform workers do not earn sufficient income through their platform work
activities to make a living (Eurofound, 2018). Low pay is an initial factor that may cause
this issue, and for several reasons: platform workers are paid by task rather than by
hour; work is broken down into small tasks (piecework); there is high competition
among platform workers with not always enough tasks offered; platform work may
not fall under minimum wage settings;75 and platform workers may lack bargaining
power (Eurofound, 2018; ETUI, 2018). That platform workers are paid by task rather
than by hour was flagged as a major challenge in the French focus group. It was noted
that this may lead platform workers to take unnecessary risks in an attempt to maximise
the number of tasks performed per hour. Remuneration for online micro-work in
particular is reported to be extremely low, sometimes just a few cents per task done
73
Since this is measured as a percentage of the total personal income, a risk for overestimation of the
importance of platform work as a source of overall income exists. The reason for a potential overestimation is that many student workers without any other income and depending on their parents, use platform work to earn extra pocket money (Pesole et al., 2018). These workers are included in the calculations.
74 Similarly, Hall and Krueger (2016) report that for 24% of the Uber drivers in the US, earnings gained
through Uber are the only source of income.
75 National minimum wages may only apply to employees. In countries without a national minimum wage (e.g.
Austria), minimum wages are usually set in collective agreements. However, the personal scope of collective agreements is typically limited to employees (though there are exceptions, e.g. collective agreements extend to all workers in the Norwegian cleaning sector, including platform workers). The enforcement of the minimum wage is difficult due to difficulties in the classification of platform workers into employee or self-employed and as supervisory authorities may have too little staff to follow up.
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(Berg et al., 2018). Larger-scale tasks, performed online or on-location, generally have
high remuneration because they often require specific skills at market prices (Eurofound,
2018). As a result, platform workers could be earning well below the national or sectoral
minimum wage (mentioned by experts from Estonia, Germany, Latvia, Poland, Slovenia
and Spain). Some platform workers depend on the tips they receive.
Sometimes platform workers have to pay a fee to the platform.76 Some platforms
charge a fee upon registration, but it seems more common for a fee to be charged on
each transaction (a certain share or a fixed amount) (Leimeister et al., 2016). This is
remarkable, given the ILO standards on charging fees to workers for intermediation. ILO
Conventions 96 and 181 pertain to employment agencies. Both explicitly contain articles
stating that such agencies or intermediaries cannot charge any fees or costs to workers
(Lenaerts et al., 2017). When asked about these fees, which can be 10% per
transaction, some workers indicate that they find them too high in comparison with the
services that the platform offers (De Groen et al., 2018a; Lenaerts, 2018), especially
when the income gained per transaction is relatively low.
Platform workers are typically expected to cover costs associated with platform
work, such as gas, insurance and other costs, and to bring their own materials and
equipment. These costs have to be covered by the income earned through platform
activities. Workers who are able to set their own prices take these costs into account
when determining the price (Lenaerts, 2018). This issue was pointed out in the
literature. It was also brought up in interviews with trade unions, workers and other
stakeholders, discussed during focus groups and suggested by a few national experts in
their questionnaires, for example in Belgium and Italy.
Box 2: Price setting in platform work
With regard to earnings in the platform economy, an issue that warrants further attention is price setting: are platform workers able to set their own price, or does this fall on the platform or client? On those platforms where the platform or client allocates the work, have significant control over the organisation of work, and exercise surveillance and direction upon the worker, platform workers in general cannot set their own prices. On the platforms where the platform
worker can decide on the work allocation and work organisation, and there is less surveillance and direction, workers typically can determine their own prices.
Importantly, the first type of platform is common among low-skilled on-location and online platform work (notably performing transportation services), and particularly the group of workers engaged in low-skilled on-location work receives significant attention in (Western) Europe. It is this group for which there is most doubt about the nature of the employment relationship with the platform (are these workers self-employed or in fact working in
subordination to the platform?). The notion that these platform workers cannot set their own prices could be interpreted as another sign that these platform workers may not be self- employed, as the self-employed typically can set their own prices. It also raises the question as to what extent these workers can bargain for the price.
The second group of platforms allow workers to set their own price more frequently, for example platforms intermediating on-location work based on (moderately) differentiated skills
such as household or professional services or intermediating online work requesting differentiated skills. Remuneration per task is significantly higher for these workers, as they can account for their skills and time, but also for fees paid to the platform and costs incurred with regard to materials and equipment needed to do the work.
When platforms set prices, this can take many forms, such as a fixed amount per task (with potential top-ups for working during specific times or performance incentives), standard or
76
There has been some discussion on this especially in relation to temporary agency work, as temporary work
agencies are not allowed to charge such fees to their workers but rather ask clients to pay (Lenaerts et al., 2018). According to Article 7 of the ILO Convention 181 which applies to private employment agencies, private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers. ILO Convention 96, on fee-charging employment agencies – abolishes “fee-charging employment agencies conducted with a view to profit”.
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minimum prices for a specific task (e.g. graphic design or in contest-based work) (Eurofound, 2018). Workers on such platforms additionally face changes in earnings due to changes in the prices set by the platforms, the ratings received, next to other factors such as fluctuations in the
hours worked, and over which platform workers often have no control. Many platforms use dynamic pricing schemes (De Groen and Maselli, 2016; Eurofound, 2018). Uber and Lyft, for example, have a system of ‘surge pricing’ that encourages workers to be available during peak hours; Deliveroo and Foodora have similar schemes to stimulate bikers to work during busy lunch and dinner shifts. There has been some discussion on dynamic pricing and workers have been trying to game the system.
Regarding workers’ sense of being fairly paid, professional online workers agree that they receive fair pay for their work more so than non-professional online workers and on-location workers in transportation and household services (Pesole et al. 2018). This can potentially be attributed to the question of whether there is competition between platform workers on prices or on the quality of the tasks delivered. An interesting example here is the Danish cleaning
platform Hilfr, whose workers can be covered by a collective agreement that sets a minimum wage per task. Workers can decide for themselves whether they take part in this collective
agreement, but the platform encourages this to guarantee fair wages (interview with platform representative).
In addition to low remuneration, the lack of income security is a significant stressor
for platform workers. The financial security of workers is strongly related to their
dependence on platform work. Workers with a stable job outside the platform economy
have higher income security than those who rely on their platform earnings. Some
workers face insecurity as regards the number of hours they can work through the
platform, which may result in low earnings and limited income security (pointed out by a
Romanian expert and discussed in the section on working time). The frequent changes in
the prices set by the platforms and in the platforms’ business models contribute to this
income uncertainty.
Along with the level of remuneration, platform workers also face issues related to non-
payment and unpaid time. Platform workers are often eager to receive their payment
soon after completing the task. Typically, the payment runs from the client to the
platform worker through the platform. Platforms can withhold (part of) the payment in
case of a complaint or poor rating by the client. Platform workers may have few
opportunities for recourse in such cases. Platform workers additionally spend time on the
platform for which they are not paid, for example, waiting time and time spent looking
for new tasks (Berg, 2016; Eurofound, 2018). Similar issues have been noted for other
types of non-standard work as well. Casual work, for example, is characterised by
limited and occasional working hours, resulting in income insecurity and low wages
(Eurofound, 2018a).
Working time 4.3.6
One of the features that makes platform work attractive for workers is the flexibility
platform work offers. Workers have the flexibility to decide whether they want to
work or not and to work at the times that best suit them, allowing workers to
ensure that the work fits into their schedule. This flexibility provides workers with
autonomy that they may not have in other jobs and is therefore one of the main reasons
to engage in platform work (Berg, 2016; Pesole et al., 2018). Most platform workers
combine platform work with another job or care tasks and may find it difficult to
work during regular hours or at fixed times. Many workers need this flexibility to ensure
that platform work fits into their schedule. Other workers choose platform work because
they prefer to work from home or because they consider it paid leisure time (Berg,
2016). Some workers even do platform tasks during their main paid job (Berg, 2016).
What the different motivations to engage in platform work have in common is that
workers want to work when it suits them (Pesole et al., 2018).
Research on platform workers’ working times suggests that most do not work regularly
on platforms and do it as a part-time activity (Balaram et al., 2017; Brawley and Pury,
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76
2016; Daugareilh et al., 2019). According to Pesole et al. (2018), platform workers have
low labour market participation degrees. Over 40% of the workers surveyed work less
than 10 hours per week through platforms. 75% of them works less than 30 hours per
week through platforms (ibid.). Other studies have attained similar findings. Combining
the hours of platform and regular work, around 30% of platform workers work less than
10 hours per week in total, and over 50% of the workers work less than 30 hours per
week (Pesole et al., 2018). This suggests that platform work may very well be a second
job, but one that is potentially combined with other forms of precarious work,
leaving workers in a difficult position.77 Next to this group, there is a small but significant
group of platform workers (>5%) that report working over 60 hours per week on
platforms (Pesole et al., 2018). These workers are fully dependent on platform work.
The challenges with regard to working times in platform work are manifold. In
practice, the flexibility in being able to determine whether, when and how long to work
may be much more limited than expected, and platform workers are confronted with
unstable working hours as these are largely dictated by demand. Working time
challenges could pertain to all forms of platform work but seem particularly relevant for
on-location workers and for those active on platforms determined by the client or the
platforms themselves. Workers involved in worker-initiated platform work report
experiencing less problems with working time flexibility demanded by the platform and
higher levels of planning autonomy (i.e. being able to control working times, work
schedule and when to take breaks or leave).
Depending on the type of work, various elements push platform workers to longer
working hours. For online workers, for example, the large competition pushes down
wages, creating the need for longer working hours to earn a certain amount (ILO, 2016).
The same accounts for platform workers in transportation, where earnings fluctuate
depending on the supply and demand of drivers (Chen et al., 2015; De Groen and
Maselli, 2016; Horton and Zeckhauser, 2010; Wilde, 2016). Jiang et al. (2015) further
describe how platform workers are sometimes unable to stop working, even though they
have achieved their preferred number of working hours, because of an unpredictable
overload of work and the pressure to remain available. On the other hand, some
platforms, for example Uber, allow workers to announce the last task of their ‘shift’, to
match them up with a client whose location is close to or on the worker’s way home. The
long and unpredictable working hours in platform work raise platform workers’
probability of suffering from mental health problems (Cottini and Lucifora, 2010).
While a small group of platform workers works a (very) high number of hours, many
workers indicate they would like to work more (Berg et al., 2018; Eurofound,
2018). Platform workers on food delivery platforms who have to register for ‘shifts’ have
especially claimed that the algorithm distributes shifts rather unequally among the
workers, with some workers getting a lot of hours and others very few, without any
explanation as to why this is the case (Eurofound, 2018; Lenaerts, 2018). To receive
sufficient paid tasks, many platform workers indicate having to be on standby and
reachable at all times (Berg et al., 2018; Eurofound, 2018). On the same note, what
platform workers in food delivery spend to travel to the meet-up points where they wait
for tasks to come in is typically not remunerated (ibid). This implies that many workers
report long working hours and that not all time spent on the platform is paid time.
This issue was mentioned explicitly in the focus group held in Slovenia. The
interconnectedness of low pay and long working hours was seen as a challenge by the
77
This discussion raises the question as to whether platform work results in more labour market inclusion.
Pesole et al. (2018) find that platform workers are more likely to have a lower degree of inclusion in the traditional labour market. Platforms are thus not facilitating labour market inclusion in the traditional economy, but rather create a growing division in the labour market between a core group of workers with decent working and employment conditions and a newly arising, growing proportion of workers with questionable contractual agreements.
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77
Slovenian focus group participants: low pay forces platform workers to work very long
hours to obtain a sustainable income.
From a legal point of view, it remains an open question as to whether the time online
waiting for a task is also considered working time, as is the case for other forms of work,
for example hospital staff available on call. Related to this, being classified as self-
employed, platform workers run the risk of not being covered by national legislation and
regulation on working time if this is only applicable to employees (e.g. paid public
holidays, minimum resting time). The need to be constantly available affects workers’
work-life balance, hampering workers’ ability to schedule or enjoy their leisure time
(European Commission, 2015; Huws, 2016; Martin et al., 2016; Smith and Leberstein,
2015). Schörpf et al. (2017) finds that platform workers worry that temporary
unavailability will cause job loss and damage their online reputation, affecting future
opportunities.
Platform workers’ autonomy over choosing when to work could be limited by several
characteristics of the platform. Most importantly, platforms need to guarantee the
availability of workers for clients, especially in the case of on-location work or for
those types of work where the platform or client selects a worker (platform- or client-
determined work) (Eurofound, 2018). Some platforms, therefore, impose a minimum
number of hours for workers to be active on the platform, which sometimes have to
be fulfilled during specific time slots. Workers who are less active are requested by
the platform to explain why or even removed from the platform if this inactivity persists.
Other platforms steer workers towards the most convenient working hours through
bonus systems such as surge pricing on passenger transportation platforms or
increased prices per ride on food delivery platforms, or because a lack of demand
means that there is little or no money to earn at other times (Smith and Leberstein,
2015). Lehdonvirta (2018) reports that a lack of available work is not necessarily only
due to a lack of demand, but also depends on how platforms allocate work (e.g.
maximum earnings and competition).
On-location workers in particular indicate less autonomy over whether, when and how
much to work, compared to online workers (Pesole et al., 2018). There are plenty of
examples of food delivery riders who prefer other working hours but are motivated to be
available for work and to work evenings and weekends because there are fewer tasks at
other times (Eurofound, 2018). For these platform workers, the flexibility of working
time loses its meaning, and this issue is aggravated for workers who depend on the
income gained through platform work (Berg, 2016; Lehdonvirta, 2018; Standing,
2015). Non-professional online workers, such as clickworkers, are perceived to have the
highest degree of autonomy (Pesole et al., 2018). This is confirmed by Lehdonvirta
(2018), based on interviews with platform representatives and workers of three
platforms intermediating online tasks. Lehdonvirta (2018) finds that workers are
formally free to set their own working times and generally could determine when and
how much they work and how to divide their time across tasks. Structural constraints
such as the availability of work and workers’ dependency on the income gained,
however, do matter. Workers who depend on their platform work income reported being
on call continuously.
Since the business model of platforms is to fulfil ad hoc requests of clients, platform
work is typically associated with atypical working hours (e.g. working at night, during
weekends and on holidays), unstable and unpredictable work schedules (e.g.
working during different hours every day or week), and a high demand of availability
and flexibility towards the platform (Forde et al., 2017). All these features can be
problematic from a job quality perspective (Széker et al., 2017). As regards the atypical
working times, however, platform workers usually do not find this problematic and most
workers are satisfied with their work-life balance (Eurofound, 2018). These observations
from the literature were confirmed in the fieldwork conducted for this study, for example
in expert interviews and the focus group in the Netherlands. It could be explored to see
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78
what the added value of the TPWC Directive would bring as regards the predictability of
work schedules (see infra).
Regarding working times, there are parallels between platform work and other
non-standard forms of work. Workers in casual jobs, for example, report combining
multiple jobs at the same time, which leads to long working hours and has a negative
impact on their work-life balance (Eurofound, 2017a). Workers in portfolio work and in
ICT-based mobile work are also faced with excessively long working hours, irregular and
atypical working hours and the blurring of boundaries between work and private life
(ibid.). The self-employed may face similar issues because of competition and income
security.
Career opportunities 4.3.7
Career opportunities refer to workers’ perceptions of whether they can make a career
of their work or use it to advance other career paths (Eurofound, 2017b). Career
opportunities are generally not considered a challenge in the context of platform work.
Most platform workers consider platform work as a secondary job, a means to
supplement their main income rather than a long-term commitment or a viable or
desirable career path (Eurofound, 2018). Neither does platform work generally offer
many opportunities for career progression. Other new forms of work, such as interim
management, casual work, voucher-based work and portfolio work have also been
associated with limited career opportunities. Platform workers, however, do not always
see this lack of career opportunities as a downside or reason not to engage in
platform work, as they might for other forms of work. Career opportunities are not
identified as an issue in the literature, nor by the experts consulted in the study. This
may change in the future if platform work continues to grow and attract more workers
who are willing to do it as a main job.
However, there are differences depending on the type of platform work. Workers
performing low-skilled repetitive tasks assigned to them by the platform or client,
regardless of whether these are set online or on-location, seem in particular to have no
or limited opportunities for career progression. In contrast, platform workers able to
select their tasks and set their own prices have more opportunities to use platform work
as a means to build up a portfolio or clientele. This holds for professional work based on
differentiated skills carried out on-location and online work.
For platform workers engaged in particular in activities using undifferentiated skills,
platform work does not appear to offer interesting or viable career prospects. Because of
the nature of their tasks, these workers generally cannot develop their skills or learn
new things. For this reason, the simple fact of working on the platform, for example
during a period of unemployment or while studying, is seen as the only added value in
the search for other work (Eurofound, 2018). In a series of interviews, some of these
platform workers indicated that they kept secret the fact that they do this type of work,
and do not consider mentioning it on their CV or to potential employers (ibid.). This point
was raised in the literature and underscored by Latvian and Norwegian experts consulted
for this study, for example.
Workers engaged in high-skilled platform work activities, on-location or online, can use
platform work to try out an activity, learn new skills or improve existing skills, build a
portfolio, or develop their clientele (Eurofound, 2018). For workers who particularly want
to start a business, some types of platform work may serve as a stepping stone. An
interesting case to mention in this regard is the Belgian legal framework, which allows
platform workers to earn up to a certain amount (EUR 6 130 per year in 2019) through
officially registered platforms, without the obligation to register as self-employed and
without having to pay taxes or social security contributions (Lenaerts, 2018). When
platform workers earn more than this amount, they are obliged to register as self-
employed. One of the motivations behind this framework is to encourage
entrepreneurship by allowing workers to try out an activity or launch their own
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79
business without having to go through all the administrative or formal steps involved
beforehand. Lenaerts (2018) finds that some workers do use platform work as a
springboard to starting their own business. Next to these cases, platform work could also
be a stepping stone for the unemployed, who can enter into the labour market through
platform work, or for example for newcomers in the country without employment, as
mentioned in the Danish focus group.
When platform workers are unable to select the tasks they would like to do and are
instead assigned a task by the platform or client, they cannot pick those tasks that
would be most beneficial for them in terms of skills development or career opportunities
(Eurofound, 2018). This is different for those active on platforms where the work is
worker-initiated. These workers are more likely to see platform work as a facilitator for a
career change or to develop new skills they can benefit from in future jobs (ibid.). Online
specialist workers, such as graphic designers, find that the contest work on platforms
enriches their portfolio, and hopefully helps them find a more stable job (Eurofound,
2018).
Training and skills 4.3.8
Platform work is sometimes described as a way to effectively match skills with tasks,
with platforms taking up the roles of intermediaries (Eurofound, 2018). Most platform
workers, however, are over-qualified for the type of work they perform through online
platforms and indicate that there are few opportunities to learn or develop skills (Kässi
and Lehdonvirta, 2018; Larke et al., 2019).78 Workers engaged in low-skilled platform
work, online or on-location in particular report a mismatch between the skills workers
need and the skills they have, which may lead to lower commitment and job satisfaction
(Okay-Somerville and Scholarios, 2013). In contrast, those involved in activities
requiring differentiated skills, on-location or online, generally use a wider set of skills
and have more opportunities for skill development (Eurofound, 2018). For platform
workers engaged in activities with undifferentiated skill needs, platform work instead
appears to mainly serve as a second source of income, which is not necessarily related
to their main activity and does not present learning opportunities (ibid.). These
observations were confirmed in the fieldwork for this study.
The skills that workers apply during platform work activities depend fully on the
specific task the worker does. Kässi and Lehdonvirta (2018) identify six skills groups
that are common in platform work: software development and technology; creative and
multimedia; clerical and data entry; writing and translation; sales and marketing
support; and professional services. Besides the skills required for performing the actual
tasks, platform workers also develop skills related to the use of the platform, such as
navigating on the platform and language skills, and knowledge related to participating in
the labour market as a self-employed worker, including building a reputation, client
retention, and completing tax returns (Larke et al., 2019).
With regard to skills, it is important to point out that not all platforms verify the
qualifications or skills workers have. On many platforms, anyone could register and claim
to be able to execute the work. This is potentially problematic for on-location work, when
the task can lead to dangerous situations if not performed well (e.g. electricity work).
Platform workers themselves have put forward this issue (Lenaerts, 2018). Other
platforms have basic or more advanced application procedures, which involve interviews
or requiring workers to provide a CV or certificates showing they can execute a task.
Mechanisms to identify and select candidate platform workers again provide an
78
Platform workers participating in the focus group discussion held in Denmark stated that platform work in
their country is concentrated in those sectors that require unskilled work, rather than in sectors such as manufacturing where there necessarily has to be a stronger link between worker and employer and where more skilled workers are needed with longer training. This is an interesting observation, which appears to hold for several countries.
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indication of the extent to which a platform exercises control over a platform worker.
Overall, however, the recruitment and qualification processes and procedures used by
platforms are not really considered a challenge in the literature or by the experts and
stakeholders consulted.
Training opportunities appear to be very limited in the platform economy.
Workers are seen as ‘self-investing units of human capital’ that bear the responsibility to
arrange training and ensure their skills remain relevant (Larke et al., 2019). This holds
especially for the self-employed. Although the experts consulted in this study
emphasised that from a legal point of view there are no impediments to platform
workers accessing training, in practice there are several issues that may hamper their
participation.
As platform workers are constantly competing against each other, the individual
investment in training is costly. In an interview, a union representative described this
issue, saying: ‘We cannot expect an Uber driver to take two weeks with no income to go
on a training course. So how can we ensure that there is a universal access to and
affordability of re- and upskilling?’ As re- and upskilling of workers is imperative to their
employability, the trade union representative underlined the need for universal access to
and affordability of training (interview with trade union representative). The issue that
training may be too costly for individual workers was also put forward by several
national experts, including in Ireland and Italy.
Platforms, however, are generally not eager to provide training for their platform
workers, arguing that this may complicate their role as intermediaries and lead to a re-
classification of their employment relationship into an employer-employee relationship.79
Training organised or paid for by the platform is rare. The training that is provided
often focuses on two topics: (i) the use of the platform; and (ii) basic safety provisions
(De Groen et al., 2018a; EU-OSHA, 2017). This information is usually made available on
the platform’s website. Cleaning platform Hilfr, for example, offers no professional
training but does offer several guides for workers on how to clean. In an interview, the
platform explains that ‘we try to find an alignment of expectations between the ones
buying the cleaning and the ones doing it. But when people book via our page, they
know that they don’t get a professional cleaner’ (interview with platform representative).
Other platforms, especially those intermediating on-location work, follow similar
approaches. There are exceptions, though. The platforms Heetch and Frizbiz, for
example, collaborate with external organisations and training centres to provide training
for their workers (Eurofound, 2018).
The provision of training - or lack thereof - is an indication of a company’s
investment in its workers, offering opportunities to grow in their position or expand
their career options (Lamberts et al., 2016). A lack of training opportunities has been
noted for types of non-standard forms of work, such as voucher-based work, portfolio
work and casual work (Eurofound, 2017a). Temporary agency workers legally have
similar access to training as employees but may find it difficult to get access any. To
overcome this issue, social partners have put in place several bipartite training funds.
Such efforts are currently not present in the context of platform work.
Although there is a mismatch between the skills acquired by platform workers and those
required to execute the tasks, and access to training for platform workers is very limited,
this topic has received little attention from most stakeholders, with the exception of
trade unions. As a result, it seems unlikely that there will be major changes in this area
in the near future. Several experts have noted that the lack of access to training is part
of a larger issue in their country, as few training opportunities are available in the labour
market in general.
79
That being said, a national expert consulted as part of this study noted that in Norway, even within those
platforms that hire workers as employees, provision of training is very low.
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In short: challenges related to the employment dimension 4.3.9
As the employment dimension of the WES model focuses on aspects related to the
formal context in which a worker performs tasks, several of the issues discussed above
are not specific to platform work but are common for non-standard forms of work or for
those who are self-employed. Nevertheless, a number of these challenges are intensified
in the context of platform work. This can be attributed to the use of algorithms, the
flexible nature of the work in terms of time and space, and the complex relationships
between the multiple parties involved. This is shown in Table 9, Figure 9 and Figure 10.
The key challenge that needs to be addressed in this area is the employment status of
platform workers, and it is this issue that appears to dominate the current debate on
platform work. For that reason, this challenge is labelled ‘high’ in this study. Social
protection has been identified as a linked challenge too, though related issues emerge
for other non-standard forms of work and the self-employed more generally. This is a
‘medium’ challenge, as the statutory and effective access to social protection are not
fully linked to employment status and the former does not necessarily pose major issues
from a legal point of view. Concerns have been raised over other challenges, such as the
determination of the employer and contractual issues, but these are somewhat less
discussed in the literature. Nevertheless, both issues arise for platform work specifically
and were flagged by consulted experts and stakeholders as major challenges. Both are
therefore classified as challenges of high importance in this study.
More specifically, platform workers typically do not have a separate employment status
and are commonly classified as self-employed, as per the platform’s terms and
conditions, which tend to be ambiguous. This may lead to misclassifications and cause
confusion about workers’ access to social protection and uncertainty about their
obligations and rights. Platform workers do not always receive a formal contract and
may not be protected from unfair (individual or collective) ‘dismissal’ without prior
notice. Although the legal discussion on the employment status has focused on the
dichotomy between employee and self-employed, many platform workers find
themselves in other groups in practice (e.g. occasional work). These issues are relevant
for all types of platform work but are most pronounced in cases where the platform
exercises significant control over the allocation and organisation of work and uses
extensive surveillance mechanisms. The literature and consulted experts confirm that
especially low-skilled on-location and online work is characterised by such platforms.
Career opportunities are not generally considered a challenge to platform work. Platform
work does not emerge as a viable career path, nor does it offer many opportunities for
career development outside of platform work. Platform workers appear to have little or
no access to training opportunities, which is seen as an issue notably by trade unions.
Many platform workers are overqualified or wrongly qualified for their tasks. For both
career opportunities and training and skills, however, there are considerable differences
between platform workers using differentiated or undifferentiated skills in their work. For
the first group, there are a lot more opportunities to apply or develop their skills and to
use platform work as a springboard. Similarly, workers, especially those workers who
are able to choose their own tasks and set their own prices, can benefit from these
opportunities (typically workers with differentiated skills can use platform work to build
up a portfolio and establish their own clientele).
The platform workers themselves are concerned about earnings and working-time
issues, much more so than about training or career development opportunities. With
regard to working times, platform workers indicate that they struggle to get enough
hours of work to earn sufficient income; or that may be pushed to work long hours or be
available for typically unpaid (standby) work. Having to work atypical hours is not seen
as a concern. Platform workers are usually satisfied with their work-life balance. As for
earnings, the main complication is that platform workers are paid by task rather than by
hour, and that those who depend on the income obtained through platform work are
especially at risk.
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As was the case for the work dimension, it is very difficult to indicate the expected
evolution of the challenges, as this has not been discussed much in the literature, and
experts’ views do not necessarily align. The evolution, moreover, hinges on the types of
platform work and platforms that will develop most strongly. It also depends on the
responses introduced. Some challenges are connected. For example, there is a link
between employment status and social protection. The expected development of a
certain challenge thus depends on what is happening in other areas.
Table 9: Summary table of challenges related to the employment dimension
Indicator Importance
of challenge
(high, medium,
low, none)
Specificity of the challenge
(specific to platform
work, common for non-standard work,
general labour market)
(Most) Affected types of platform work
(all types, online vs. on-
location work, low- vs. high- skilled, client-, platform- or
worker-determined)
Employment status
High Common for non- standard work
All types, though most problematic for:
- platform workers with little autonomy who are under strong
surveillance and direction by the platform and depend on platform
work (typically low-skilled on- location platform work)
Determination of employer
High
Specific to platform work All types, though most problematic for:
- platform workers with little autonomy who are under strong surveillance and direction by the platform and depend on platform
work (typically those in low-skilled platform work)
Contracts High Specific to platform work All types, though dependent on
the specific practices of the platform
Social protection
Medium Common for non- standard work
All types, though dependent on
the platform worker’s employment status
Earnings Medium
Common for non- standard work
All types, but especially problematic for:
- platform workers who cannot set their own prices
Working time Medium
Common for non- standard work
All types, but especially problematic for:
- platform workers active on platforms where the platform or
client set times (mostly on- location work, e.g. delivery riders with ‘shifts’, cleaners need to be
available when the client is home)
Career
opportunities
None Common for non-
standard work
Low-skilled platform work
Training and skills
Low Common for non- standard work
For training: all types
For skills: low-skilled platform work
Source: authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
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Figure 9: Stylised representation of employment challenges for different types of
platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
Figure 10: Stylised representation of employment challenges for different types of
platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
employment status
determination of employer
contracts
social protection
earnings
working time
career opportunities
training and skills
online, low-skilled online, high-skilled
on-location, low-skilled on-location, high-skilled
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4.4 The social relations dimension
Social relations, the third dimension of the adjusted WES model, includes social
interactions and social dialogue, both through formal institutions, such as a works
council, a union delegation or a prevention committee, and through informal channels,
such as staff meetings and contacts with the management (Lamberts et al., 2016). Over
the past years, this dimension has received increasing attention, as academic work has
underlined the importance of social relations for the well-being of workers (Bakker
and Demerouti, 2017). Social support has been acknowledged as an important ‘job
resource’ that can help achieve work-related goals, encourage personal growth and
compensate for ‘job demands’ (ibid.). Yet social interactions can be demanding for
workers, for example when having to deal with difficult clients. This section reviews
social relations in platform work, with a focus on representation, participation in
decision-making, interactions with management, colleagues or clients, and the
occurrence of adverse behaviour and unequal treatment. The use of technology, apps
and algorithms is changing several aspects of the social relations dimension. Algorithms
and rating systems take over some of the functions traditionally performed by (direct)
supervisors, which further complicates the ambiguous relationships between platform,
client and platform worker. The solitary nature of platform work and the high anonymity
and turnover further imply that platform workers generally have little or no contact with
colleagues or the platform, which leaves platform workers with little support. This issue
and related topics are covered below.
Representation 4.4.1
Representation refers to whether workers collectively can have a say on aspects of
the organisation (formally or informally) (Lamberts et al., 2016). For the purpose of
this study, we focus on representation by a trade union, works council, health and safety
delegate or similar institutes, at the level of the platform or as platform workers.
Alternative forms of organisation are discussed in the following section.
Representation and unionisation in particular are key to strengthening workers’ labour
situation and ensuring fair working and employment conditions (Lamberts et al., 2016;
ETUC, 2017). Yet unionisation rates are declining globally and the representation of non-
standard workers is very weak (Johnston and Land-Kazlauskas, 2018). This may stem
from the increased flexibility and fragmentation of work and the workforce, which makes
it hard to identify, organise and represent workers in non-standard forms of work such
as casual work, platform work and employee sharing (Lenaerts et al., 2018).
Of the four topics discussed under the social relations dimension, representation of
platform workers is the one that has received by far the most attention in the literature
and in public and policy debates across Europe. This topic has been identified as a
major challenge for platform workers, not only in the literature but also by the experts
and stakeholders consulted in this study (notably social partners and policymakers) and
the issue was discussed at length in several focus groups (Denmark, Estonia, France,
and Spain). Research shows that most platform workers are not organised or
represented, nor are they covered by collective agreements (Kilhoffer et al.,
2017; ETUC, 2017; Eurofound, 2018; Vandaele, 2017; Lenaerts et al., 2018).
Several reasons may explain these observations. First, only a few platform workers are
formally recognised as employees by the platform and have an employment contract.
Instead, most platform workers are considered independent contractors or self-
employed. In some countries, there are legal barriers such as anti-cartel laws targeting
anti-competitive behaviour (e.g. organising to agree prices or negotiate conditions;
Prassl, 2018). Johnston and Land-Kazlauskas (2018) and Prassl (2018), however,
explain that organised activity by platform workers who are independent contractors
with a view to collectively bargain over wages or employment and working conditions
could also be considered anticompetitive behaviour. Some countries have legislation to
prevent the self-employed joining unions, irrespective of anticompetitive behaviour and
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despite ILO Convention 87 (e.g. Bulgaria, Poland); while in other countries, the self-
employed do not have the specific right to join trade unions (e.g. Hungary, Romania).80
Johnston and Land-Kazlauskas (2018) further report that platform workers who are
independent contractors generally cannot exercise the right to freedom of association
and collective bargaining. Those platform workers who are formally recognised as
employees may not be aware of their collective rights as workers. They may
underestimate these rights because they see platform work as a side occupation,
possibly temporary. This includes the right to association and the right to industrial
action. Some platform workers may think of themselves as self-employed and have no
interest in being represented by a trade union or worker-led initiative (Lenaerts et al.,
2018).
Box 3: Platform work, collective bargaining and EU competition law
Under EU competition law, any agreement between undertakings or decisions by associations of
undertakings are considered as an illicit cartel when they prevent, restrict or distort free trade and fair competition. This applies when such agreements aim at, for instance, price fixing or market sharing which is considered to be to the detriment of consumers. As they are entities conducting economic activities, the self-employed are undertakings, and hence fall within the remit of EU competition rules.
EU competition law does not, however, prohibit workers or even the self-employed from forming
associations as such, a right which is also enshrined in international labour legislation. The key question is to what extent representative bodies of workers and those of the self-employed can conclude (‘collective’) agreements concerning their working conditions (including pay) and social protection and whether such agreements are compatible with EU competition legislation.
In its landmark case C-67/96, Albany, the Court of Justice of the European Union (CJEU) made
an important exception to the application of competition law, thereby establishing that when such principle comes into contradiction with social policy and labour law objectives aimed at
protecting workers and the working conditions, such prohibition does not apply, thus recognising that collective agreements for employees fall outside the scope of competition law. The conditions are twofold: the agreement must be concluded between management and labour and aimed at improving the working conditions of the workers.
In another case, C-413/13, FNV Kunsten Informatie, the CJEU addressed the compatibility with competition law of a collective agreement negotiated by a labour union but on behalf of both employees and self-employed. The CJEU ruled in that particular case the self-employed were in
fact ‘false self-employed’ even if in practice they may be classified as self-employed by the contractual parties or even by national legislation. The ruling has particular relevance for platform work, allowing to treat bogus self-employed platform workers as if they were workers. They can form associations to represent themselves and conclude collective agreements with
the employing platforms to improve their working conditions and social protection.
However, the collective bargaining capacity of associations of self-employed platform workers
may still be affected by the EU antitrust legislation. Since self-employed are considered as undertakings, agreements they or their representative bodies are concluding with other undertakings such as the platforms, covering for instance their minimum fee rates or supplementary pension schemes, may be considered as limiting free trade and competition and a breach of competition legislation. Collective agreements that are not interfering with the competition acquis, such as on matters dealing with obligatory information provision, data protection and rating systems seem, however, perfectly possible.
An in-depth assessment as it relates to EU competition law and collective bargaining in relation to platform workers is provided under Reflection Paper 1.
These issues can be attributed to the following barriers, which to a large extent follow
from the nature of platform work (Kilhoffer et al., 2017; Johnston and Land-
80
See https://www.etuc.org/sites/default/files/publication/file/2018-10/CES-
Brochure%20Report%20on%20self%20employment-UK.pdf
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Kazlauskas, 2018; Vandaele, 2018). Platform work is solitary by nature, characterised by
high turnover rates, has a strong online component, and is executed by workers who are
anonymous, geographically spread, in constant competition with each other and are
active on multiple platforms (ETUC, 2017). Some platform workers are fully online. In
addition, platforms often refute the role of employer and are not represented in business
organisations, leaving the workers, workers’ organisations and policymakers with no
counterparty to negotiate with (Vandaele, 2018). The legal classification of platform
workers as self-employed or independent workers may prevent them from organising,
as a joined discussion on terms and conditions by self-employed workers would be
considered as ‘price setting’ and is against competition law (Johnston and Land-
Kazlauskas, 2018). This point is corroborated by multiple national experts in Austria,
Croatia, Czechia, Denmark, Finland, Germany, Ireland, Italy, Latvia, the Netherlands,
and Poland.
Although trade unions have taken up the issue, the relatively small importance of
platform work in the economy and the active resistance to collective bargaining by some
platforms (e.g. Uber) have hampered their efforts (Johnston and Land-Kazlauskas,
2018). Industry-wide collective agreements seem well-suited for platform work, given
the geographical dispersion of workers, the high turnover and workers’ tendency to be
simultaneously active on multiple platforms, as well as the rapidly changing market with
many start-ups and constantly changing business models (Johnston and Land-
Kazlauskas, 2018).
Although the representation challenge affects all platform workers regardless of the
type of platform work, on-location work in particular has received attention in this
area, as these platform workers are easiest to identify and organise as a group.
Furthermore, this type of platform work, especially where it relies on undifferentiated
skills or on-location work such as transportation services, appears to be linked to the
highest levels of uncertainty about the workers’ status, and has the lowest scores on a
number of job quality indicators related to working conditions, such as autonomy. While
platform workers engaged in low-skilled online work face similar challenges and their
institutional bargaining power is the lowest, this type has received less attention
(Daugareilh et al., 2019). The expected evolution of the challenges related to
representation is difficult to assess; platform work continues to develop and several
related issues, such as platform workers’ employment status, are yet to be settled. On
the other hand, as is discussed below, there are a number of top-down and bottom-up
initiatives in this area through which progress towards organisation or representation of
platform workers is made, for example via trade union initiatives, establishment of a
works council, and conclusion of collective agreement with specific platforms.
Participation in decision-making 4.4.2
Participation in decision-making refers to the degree to which workers are involved in
decision-making related to their work and tasks (Lamberts et al., 2016). This includes
being consulted before objectives are set for the work to be done, having the
ability to influence decisions that are important for one’s work, and being involved
in the improvement of the work organisation or the work processes of the
organisation. This conceptualisation coincides with the indicator for ‘organisational
participation’ put forward by Eurofound (Eurofound, 2017b). Decision-making with
regard to the acceptance, method, speed and order of executing tasks are excluded
here; these are covered in the sections on autonomy in the allocation of task and the
work organisation under the work dimension.
There is only scarce evidence about the extent to which platform workers can participate
in decision-making. This evidence, moreover, is generally based on interviews with
platform workers and platform owners (Eurofound, 2018). The available evidence,
however, suggests that platform workers have limited or no opportunities to
participate in decision-making and are not informed or consulted on business
performance and decisions (ibid.). This applies in particular to workers’ ability to
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influence decisions and their involvement in the improvement of work organisation or
processes. This can likely be explained by the lack of an organisational structure and
of (in)formal bodies or channels through which workers are consulted or
represented. There are plenty of examples of platforms changing their business model or
terms and conditions without informing or consulting workers beforehand, yet with
profound implications for the workers involved. On several occasions, platforms have
faced a backlash from their workers. Platform workers on Deliveroo, for example, have
protested against the change from being paid per hour to being paid per delivery in a
number of EU Member States, albeit to limited effect (Lenaerts, 2018).
The extent to which platform workers are consulted before the objectives of the task to
be performed are set depends on the specific platform. Workers performing low-skilled
tasks, both on-location and online, are more likely to have no say in determining the
objectives of the task, which are set by the platform or client. Platform workers
performing mid- to high-skilled tasks (online and on-location), however, can often
discuss the task with the client and set the objectives together, for example a handyman
determining the feasibility of a specific task or approach. Contest-based online work
may, however, limit workers’ ability to negotiate the objectives. Having limited or no
participation in decision-making is problematic because it weakens workers’ position and
their engagement. Ensuring participation in decision-making is important for platform
workers as well as platforms.
Worker-owned platform cooperatives, where platform workers themselves own and
manage the platform, are an interesting example of what participation in decision-
making could look like. Sutton (2016) defines platform cooperatives as ‘digital platforms
that are designed to provide a service or sell a product and that are collectively owned
and governed by those who depend on and participate in it’. Cooperatives enable
workers to gain control and be involved in the platform’s decision-making structure
(Johnston and Land-Kazlauskas, 2018). Both the literature and the experts consulted in
this study have suggested cooperatives as an alternative to the platform economy
model, which is characterised by large companies with significant market power. Scholz
(2016), a prime advocate of such cooperatives, has argued that platforms owned and
managed by workers can more easily ensure fair working conditions, including decent
pay and income security, access to social protection, and protection against arbitrary
behaviour (e.g. disciplining or firing) or excessive surveillance (e.g. tracking).
Box 4: Platform cooperatives: comparing TaskRabbit with Loconomics
TaskRabbit and Loconomics, a platform cooperative, are both platforms that intermediate low- skilled on-location tasks, use comparable technology, have existed for quite some years and with
headquarters located in the same area. Sander et al. (2018) report that workers using TaskRabbit are not formally involved in decision-making and present multiple examples to support their claim:
unilateral changes to the rate of commission and to the allocation system were introduced by TaskRabbit without consulting workers. One example was suggesting three workers to clients based on their availability and pay rate rather than having an open auction in which all workers could compete. In all these cases, TaskRabbit faced a significant backlash from workers (ibid.). Turning to Loconomics, Sander et al. (2018) explain that platform workers vote on the platform’s policies and can run and vote for the board of directors. All platform workers have one vote. Only workers who have completed 25 tasks are eligible to run to join the board if they have not already
served for more than two terms. The platform is found to be more transparent and has established stronger interpersonal relationships than TaskRabbit. Sander et al. (2018) indicate that these features contribute to worker satisfaction.
While several examples of worker-owned platform cooperatives exist in the US,81 the
phenomenon is still in its early stages in the EU. Nevertheless, interest in platform
81
Borkin (2019) points to the example of Up & Go, a platform launched by four worker-cooperatives active in
the cleaning sector, with the aim of guaranteeing fair wages, among a number of other examples. Another
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cooperatives is clearly growing. In the focus group debate held in the Netherlands,
cooperatives, or similar types of organisational forms, were suggested as a way of
overcoming unfair competition and market dominance. The feasibility of this idea was
questioned, given that platforms require very high investments in technology before
becoming profitable. While making profit is not necessarily a target for cooperatives,
sufficient funding has to be raised to make the platform sustainable (Scholz, 2016). The
focus group held in Spain exposed a very real problem in competition between platforms
and cooperatives: the venture capital behind big platforms means they can and usually
do operate at a loss, making it hard for cooperatives to compete.
Supportive management and social support 4.4.3
Social support in the workplace is understood as the support provided by management
and colleagues (Lamberts et al. 2016). This includes receiving help and support in the
execution of tasks and receiving feedback from the supervisor and colleagues when
needed and being well guided and respected by the supervisor (Eurofound, 2017b).
Social support at work is key. According to the Karasek (1979) job demands-resources
model, social support is an important resource that enables workers to cope with the
demands of the work and serves as a buffer for negative work outcomes such as stress
and burnout (Demerouti et al., 2001).
In the context of platform work, social support is very low. For a number of reasons,
platform workers generally do not know or meet their colleagues and/or
supervisors, including: tasks that are allocated by an algorithm and executed by an
individual worker in isolation; the use of rating systems to manage performance and
provide feedback;82 the unclear roles of the client, platform, and platform worker that
make it difficult to determine who is the supervisor (if there is one); and a flexible
workforce characterised by high turnover rates. The issues are aggravated for online
platform workers, who are typically anonymous and geographically spread. Platform
workers in low-skilled on-location or online platform work face additional challenges in
that they are often dependent on the platform, have generally less autonomy and
participate less in decision-making.
Although a lack of social support may lead to professional isolation and a higher
prevalence of stress or burnout (EU-OSHA, 2017), there is hardly any evidence on this
issue in the context of platform work. Also, in this case, available evidence is mostly
derived from interviews. Whereas some workers indicate the lack of help and support by
the management and colleagues as a downside of platform work, others regard it as a
confirmation of their independence and autonomous work. However, when platform
workers are faced with difficulties or conflicts, the lack of contact with the platform is
mentioned by workers as a concern (Eurofound, 2018). This is especially problematic
when a platform worker runs into an issue with the platform itself. Perhaps as a
compensation for this, workers join on social media to exchange tips and advice (EU-
OSHA, 2017), or reach out to unions or launch bottom-up initiatives (see infra).
Adverse social behaviour and equal treatment 4.4.4
A final topic to be discussed in the social relations dimension is adverse social behaviour
and the equal treatment of platform workers. Adverse behaviour refers to asocial
behaviour of colleagues, supervisors or others that workers come into contact with
during their work. It includes verbal abuse, physical violence, unwanted sexual attention,
harassment, bullying, threats or humiliation (Eurofound, 2015). Equal treatment, as
well-known example is Green Taxi Co-op, which is a ride-hailing cooperative that was launched in 2015 in Denver, US.
82 However, rating systems are known to be a possible source of stress and rather than empowering workers
are found to confine their capacity to work autonomously. In this regard, workers report difficulties with client relations as well as disinterest of the platform regarding these issues as main concerns (Berg, 2016).
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defined by the European Commission (European Parliament, 2017), implies that ‘all
people, and in the context of the workplace all workers, have the right to receive the
same treatment, and will not be discriminated against on the basis of criteria such as
gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation’.
Even though European and national legislation have indicated several grounds on which
discrimination is prohibited, notably in the employment area, identifying discrimination in
practice is difficult.83
Both adverse social behaviour and discrimination at work have been linked to various
negative impacts on the worker, for example impaired mental and physical health,
absence from work, increased intentions to leave a job, and a higher turnover (Cottini
and Lucifora, 2010). In platform work, the ambiguous employment relationship between
the worker and platform, and the question of liability in the case of possible
discrimination, thwart the identification process. This makes it hard to assess the
prevalence of discrimination in platform work. The same observation applies to adverse
behaviour.
Yet there is some literature and anecdotal evidence on discrimination and adverse social
behaviour in platform work. Both have been identified as potential challenges facing
workers.84 Compared to other forms of work, adverse behaviour and discrimination may
be more prevalent in platform work, as these workers are younger and many are from
minority backgrounds, and moreover may be less aware of how to address these issues.
The use of algorithms, reputation systems and online profiles to select a platform
worker matter in this context, as they may lead to an uneven distribution of tasks
among workers (Leimester et al., 2016; Graham et al., 2017). This point was raised in
the focus group discussion in Denmark, in which a stakeholder described rating systems
as subjective and in need of standardisation. The stakeholder also indicated that any
biases existing in the ‘real world’ could be aggravated if platforms allow selection on
these features (e.g. based on looks by making pictures available). Socioeconomic,
gender and racial discrimination are thus noted on various platforms, depending
on the type of service and users, and the platform design (Edelman et al., 2017; Kas et
al., 2019; Schor and Attwood-Charles, 2017).
Thebault-Spieker et al. (2017), for example, demonstrate how the socioeconomic status
affects task selection on Uber and TaskRabbit. Renan Barzilay and Ben-David (2016)
document that women’s average hourly rates on platform work are about one third lower
than men’s, after controlling for feedback score, experience, hours of work, occupational
category, and educational attainment. Platform workers who depend on rating systems
are more vulnerable to discrimination than those whose work is allocated through an
impersonal mechanism, where the client cannot choose a worker based on their profile
or previous work. On platforms providing additional features on workers’ gender or place
of residence, earning differences are noted (Berg et al., 2018). A platform representative
indicated that they act robustly against discrimination when it is noticed, but that it is
difficult to objectify in a situation where a client chooses a worker (interview with
representative). Other platform representatives have made similar statements
(Eurofound, 2018; Lenaerts, 2018). At the same time, platform work can help reduce
discrimination by offering opportunities to those who may face discrimination in the
traditional labour market, for example young workers, long-term unemployed, or
individuals with certain disabilities or health conditions; see Berg, 2016; Pesole et al.,
2018).
Platform workers have also indicated adverse social behaviour of clients as a
concern (Eurofound, 2018). This includes cases such as refusal to pay for a task
performed and leaving (dishonest) negative reviews that affect a worker’s online
83
Non-discrimination law is discussed at EU level in Section 6.
84 Note that there are also papers describing discrimination faced by clients using a platform to order a service,
e.g. potential clients being refused by Airbnb hosts. These papers, however, are not considered here.
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reputation (information gathered from literature, including De Stefano, 2016; Eurofound,
2018, confirmed by fieldwork). Adverse behaviour by clients has been reported by
platform workers in particular on platforms where the client or platform selects a
worker (client- or platform-determined allocation). Clients choosing a platform worker
can rely on online reputation data, ratings or profiles, but most of the workers do not
receive any information about the client and cannot assess their reliability,
respectfulness or communication habits. Adverse behaviour by clients was also flagged
in the French focus group, where platform workers were victimised because of issues
between the client and the worker over conditions that the latter cannot control or
choose, for example blaming the delivery rider for a wrong order prepared by the
restaurant. In this regard, it is also important to point out that some workers face
adverse behaviour by others involved in the platform work relationship. Food delivery
riders, for example, may also face adverse behaviour from restaurant owners, which is
very difficult for them to address (Eurofound, 2018). Workers performing on-location
tasks are particularly vulnerable to adverse behaviour, especially when performing low-
skilled tasks where platform or client have a lot of influence over the allocation
and execution of the work.
Platform workers anonymously performing tasks with little or no interaction with the
client are less vulnerable to adverse social behaviour and discrimination (De Stefano,
2016). Workers carrying out online platform work, where there is less interaction and
more anonymity, are expected to have a lower risk of being confronted with adverse
behaviour or discrimination (ibid.). Anonymity could help eliminate negative social
experiences, though the impersonal character of platform work relies on personal
information to build trust between worker and client (Ert et al., 2016). Irani (2015)
further states that anonymity may lower accountability between platform workers and
clients.
Nevertheless, adverse social behaviour and discrimination in platform work are not
necessarily related to its specific context. The most common grounds of discrimination in
platform work, such as gender, age, and ethnicity, are similar to those in the traditional
labour market.
In short: challenges related to social relations 4.4.5
Although social relations at work are imperative to the well-being of workers, social
interactions and dialogue take a different form in platform work, often to the detriment
of the workers involved. The use of technology or algorithms, as well as the nature and
the organisation of the work, complicate social relations in platform work. Platform
workers have few opportunities to get in contact with the platform, client or other
platform workers. Platform workers are typically not represented, have no opportunities
to participate in decision-making, and lack supportive management and social support.
Some are faced with discrimination and adverse behaviour by clients. Especially in those
cases, or when faced with difficulties or conflicts, platform workers lack a decent
organisational structure and social contacts to fall back on. Most of these challenges are
not specific to platform work but are also found for other forms of non-standard work or
faced by the self-employed. Yet, as explained above, some issues are aggravated in the
context of platform work because of the unclear employment status of the workers, the
use of technology or the virtual nature of interactions.
Representation has received the most attention of the social relations challenges, and
has been identified in the literature and the fieldwork as the major challenge. To some
extent at least, this can be attributed to the initiatives and efforts of unions and workers
in this area (see infra). Participation in decision-making has not been raised as a
challenge in the literature but is limited overall. The lack of social support and supportive
management, similarly, have been discussed but are not really seen as problematic.
Despite the mostly anecdotal evidence, discrimination and adverse social behaviour are
identified as important challenges that need to be addressed (‘medium’ because of their
incidence in specific cases).
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These issues may occur for any type of platform work, but appear most problematic for
the most vulnerable platform workers, in other words those engaged in low-skilled on-
location or online work, those using platforms where the allocation and organisation of
work are determined by the platform or client, and those with little work experience or
weaker socio-economic or labour market positions. While some of the challenges have
been discussed to a much larger extent for on-location than for online platform work,
this does not imply that these issues are more relevant or more significant for the
former. Some challenges are simply more visible for on-location workers, for example
representation. In other cases, the challenge affects a particular group of workers more.
This is highlighted in each section, as well as in the summary table and figures below.
Returning to the expected evolution, there is little evidence from the literature and
fieldwork that provides conclusive answers to this question. In addition, data about the
national and European responses and tools available are key to determining a
challenge’s expected development.
Table 10: Summary table of challenges related to the social relations dimension
Indicator Importance of
challenge
(high, medium,
low, none)
Specificity of the challenge
(specific to platform work, common for
non-standard work, general labour
market)
(Most) Affected types of platform work
(all types, online vs. on- location work, low- vs. high- skilled, client-, platform- or
worker-determined)
Representation High Common for non- standard work
All types, though most problematic for:
- platform workers with higher risks of being misclassified as
regards their employment status (mostly low-skilled, on-location, platform-determined work) and
those who cannot set their own price
Participation in decision-making
Low
Common for non- standard work
All types, though most problematic for:
- platform workers with little
autonomy, who depend on platform and are most strongly
affected by unilateral changes
Supportive management and social support
Low Common for non- standard work
All types, though most problematic for:
- platform workers engaged in
online work
Adverse social behaviour
and equal treatment
Medium General labour market All types, though most problematic for:
- platform workers in on-location work
Source: authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
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Figure 11: Stylised representation of social relations challenges for different types of
platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
Figure 12: Stylised representation of social relations challenges for different types of
platform work
Note: a higher score (= more on the outside of the spider chart) indicates a better situation regarding job quality. However, keep in mind that a final job quality score would be defined by the combination of and balance between multiple job characteristics. Source: authors’ own elaboration.
representation
participation in decision- making
supportive management and social support
adverse behaviour and discrimination
online, low-skilled online, high-skilled
on-location, low-skilled on-location, high-skilled
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4.5 Other challenges
Undeclared work 4.5.1
Undeclared work is commonly understood as ‘any paid activities that are lawful as
regards their nature, but not declared to public authorities, taking into account the
differences in the regulatory systems of the EU Member States’ (European Commission,
2014). This can take many forms, such as fully or partially undeclared work (overtime
paid cash in hand, or under-declared work), undeclared ‘self-employed’ or ‘own account’
work, or bogus self-employment. Undeclared work implies non-compliance with labour,
social security or taxation legislation or regulations in the country, and it distorts fair
competition. In the past years, the fight against undeclared work has received much
attention from policymakers, as evidenced by the launch of the European Platform to
enhance cooperation in tackling undeclared work,85 which activities will be transferred to
the new European Labour Authority (ELA) as of 1 August 2021.86
Non-standard forms of work, including platform work, have been discussed in relation to
undeclared and under-declared work as a means to legalising undeclared work. Casual
work (e.g. intermittent or on-call), can help regulate informal and flexible employment
relationships and diminish undeclared work (Eurofound, 2018b). Another well-known
example is voucher-based work. It has been suggested that platform work has a similar
effect: by making it possible to engage in platform work activities and turn small jobs
into a profession, platform work can bring some of these activities into the regular
economy (Lenaerts et al., 2018). Experts from Bulgaria and Spain consulted in the study
corroborated this point. Others, however, have warned that platform work may have the
opposite effect. Platform work may simply become part of this phenomenon, especially
in countries that have a large informal economy typified by undeclared work (as noted
by experts from Cyprus, Estonia, Greece, Hungary, Latvia, Malta, Portugal and
Slovenia). Indeed, many of the sectors in which undeclared work is prevalent, such as
cleaning, repair work or babysitting, coincide with those where platform work is
concentrated (European Commission, 2014). Similarly, there is overlap in the social
strata that is overrepresented in platform work and undeclared work. Finally, the
flexibility in the contractual relationships, the fragmentation of work into very small
tasks, the isolated nature of the work and the global nature of platforms, which are all
characterising platform work, are features common in undeclared work. Whereas
undeclared workers used to advertise their services by posting notes in a local
supermarket, workers can use platforms as a digitalised means to find clients for
undeclared work. It is likely that platform workers do not declare the additional income,
especially when the burden of reporting is fully on them. As a result, it could very well be
the case that platform work exacerbates undeclared work in the EU.
Against this background, undeclared platform work has been identified as an issue
in the literature, policy and public debates, and by national experts consulted for this
study.87 Most experts, however, have pointed to the lack of data and strong
empirical evidence on the prevalence of (undeclared) platform work. This issue
was discussed at length in the focus group discussion held in Estonia. With the exception
of estimates mostly based on surveys, currently only limited data are available on the
actual coverage and extent of platform work. This is due to the absence of a common
definition, the high level of heterogeneity, and the lack of systematic reporting on
85
Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a
European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, p. 12)
86 Art. 48 and 44 of Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019
establishing the European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344
87 Some experts indicated that undeclared work in the platform economy is not regarded nor discussed as an
issue in their country (e.g. Austria, Luxembourg, the Netherlands and the UK).
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platforms, platform workers, and platform work in official national market statistics
(indicated in interviews with Eurofound and EU-OSHA representatives). The lack of data
is pressing, especially in the case of online work, and undeclared work may be
particularly prevalent.
In this regard, the role that platforms could play in reducing undeclared work has
been noted in the literature and fieldwork. Platforms already collect data on transactions,
clients and workers, and are consequently ideally placed to formalise work by sharing
data with the government. Platforms’ management structures can be set up to facilitate
this (interview with EU-OSHA representative). In some Member States, platforms are
already obliged to report on their payments to platform workers (see Section 5 for
further details). For these reasons, undeclared work is labelled a ‘medium’ challenge in
Table 12 below.
Cross-border work 4.5.2
The digital nature of platform work increases the opportunities for workers to get in
contact with platforms and clients on a global scale and hence facilitates cross-border
work. The free movement of workers is among the key principles laid down in the acquis
of the European Union. It is one of the four economic freedoms of the European Single
Market. The free movement of workers implies that individuals can move freely for work
reasons from one EU Member State to another, without being subject to discrimination
with regard to their working and employment conditions on grounds of their nationality.
The freedom to establish and provide services is another key dimension to consider in
the context of platform work. It guarantees the mobility of businesses and professionals
within the EU.
Cross-border platform work can take on a range of different forms, which are all
considered in this study: a platform worker performing work in their home country but
where the client, platform or both are located in another EU or third country,88 a
platform worker moving to another country to do platform work,89 or a platform worker
carrying out platform work activities simultaneously in different countries and/or for
different platforms or end users who are located in different countries. In each of these
situations, the cross-border aspect further raises the complexity in already complicated
work relationships that involve multiple parties and rely on the use of digital
technologies and algorithms. Furthermore, there are only limited data available on the
prevalence of cross-border platform work. This adds to the complexity, and a lack of
efficient information-sharing between countries could further contribute to the incidence
of fraud, abuses, deprivation of rights, or undeclared work. It has, additionally, been
established that many platform workers are active on multiple platforms (consecutively
or simultaneously) and that platforms tend to be active in multiple countries at the same
time (Pesole et al., 2018). Pesole et al. (2018) argue that the global nature of platform
work may lead to national task specialisation based on the available work force and the
national labour market linked, for example, to differences in the educational system,
national languages or legislation.
Cross-border work poses challenges regarding the application of EU law on
freedom of movement - with uncertainty as to which EU rules (movement of workers
or of services) are at stake, which is a corollary to the employment status issue (see
4.3.1). Cross-border work may also present challenges concerning the choice of
jurisdiction and determination of applicable law, as well as social security coordination.
88
This includes cases in which the platform worker, client and platform are in different countries, as well as
cases in which the platform worker and client are in the same country but the platform is not. Especially online platform work lends itself to these types of cross-border activities.
89 Also in this case, the platform may or may not be located in the same country as the platform worker and
client.
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This relates both to the application and enforcement of the rules and to dispute
resolution.
Cross-border work performed by platform workers with the status of ‘workers’, as
defined in EU law, falls under the EU legislation concerned with the ‘free movement of
workers’. Platform workers who are employed by the platform or by the end user are
undoubtedly covered by legislation on the latter. For those workers who are engaged in
platform work in their home country for a platform and/or client located in another (EU
or third) country under an employment contract, both parties will in principle agree what
national (labour) law is applicable to their employment contract while having to respect
the mandatory rules from Rome I Regulation. In practice, however, platform workers
have a very weak negotiation position and often work without a contract, as has been
reported by national experts under the study. Specific EU legislation90 determines the
law that is applicable to contractual obligations, such as the law applicable to a cross-
border employment contract. The legislation contains certain limitations to the freedom
of the contracting parties when the worker is working from or in an EU country.91 For
self-employed platform workers different rules apply in cross-border situations as they
fall under the scope of the EU legislation regarding the free movement of services.
EU legislation on social security coordination may apply to platform workers who are
engaged by the platform and carrying out cross-border work or multiple (consecutive or
simultaneous) tasks in different countries. In this regard, the ‘place where the work is
executed’ determines in principle what national social security legislation applies. The
same logic applies to cases when a platform worker moves to another Member State to
perform platform work. The situation of a platform worker simultaneously working in
different Member States is more complex, because it depends on the status of this
platform worker in each of the countries and on what share of these activities is
performed where. This can be very difficult to determine, again leaving platform workers
in a grey area.
On a final note, the relationship between cross-border work and undeclared work in the
context of the platform economy should also be looked at. The obstacles to tackling
undeclared work in cross-border situations, which have been duly identified by the
European Platform to enhance cooperation in tackling undeclared work,92 are equally
relevant in the context of platform work. Risks of non-compliance may even be higher in
the case of cross-border activity that is facilitated by platforms, especially when it
concerns on-line platform work.
90
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law
applicable to contractual obligations (Rome I), (OJ L 177, 4.7.2008, p. 6–16)
91 According to Art. 8 of Rome I Regulation the governing principle to employment contracts is the freedom of
choice, subject to two sets of limitations: 1) non-derogable provisions of law of the Member State that would be applicable in the absence of choice, and 2) overriding mandatory rules of public interest. In the absence of choice, subsidiary criteria are to be applied in the following hierarchical order: 1) habitual place of work, 2) place of hiring, and exceptionally 3) another law with a closer connection (the so-called ‘escape clause’).
Hence, the parties’ choice of law cannot lead to the (platform) worker being deprived of the protection that they would have had in the event of the absence of choice. Therefore, it is most likely that (relatively) mandatory provisions of the Member States where the platform worker habitually performs work would be applicable at the very least.
92 Barriers to or lack of data sharing, legal issues, inadequate resources (staff, funding, time, knowledge),
language issues and difficulties in detecting undeclared work (see European Platform Undeclared Work, obstacles to tackling undeclared work at the cross-border and national levels, bilateral and national agreements, and complaint reporting tools, work survey report, 2018).
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Data protection 4.5.3
Data protection is a relatively new topic in relation to the future of work that started to
attract attention when the General Data Protection Regulation (GDPR)93 became
applicable in May 2018. The GDPR relates to the protection of natural persons with
regard to the processing of personal data and on the free movement of such data. It lays
down fundamental rights and freedoms of natural persons concerning data protection. In
this study and in line with the GDPR, personal data is understood as any information
relating to an identified or identifiable natural person, which is a natural person who can
be (directly or indirectly) identified in particular by reference to an identifier such as their
name, location data, or other physical, psychological, economic or social factors.
Data protection is particularly relevant in the context of platform work and the related
challenges are obvious. Platforms rely heavily on the processing of personal data,
including behavioural data of their clients and workers, to enable (semi-)automated
decision-making, known as algorithmic management (De Stefano, 2018; Mateescu and
Nguyen, 2019). Algorithmic management is a diverse set of technological tools and
techniques to remotely manage workforces (De Stefano, 2018). It is a system where
algorithms rather than humans decide how business operations should be performed,
with the app as the main management tool (Ivanova et al., 2018). Many actors in the
platform economy are among the most prominent developers and users of algorithmic
management. To this end, platforms not only ask clients and platform workers to provide
personal data such as their name, age, gender, skills, bank account details, telephone
number, email address, and home address, but also collect a vast amount of data
themselves.
First, platforms exert continuous monitoring through massive data collection of client
and platform workers’ behaviour, which may be fed into automated performance reports
and work allocation decisions. For example, food delivery riders’ and drivers’ movements
are tracked using GPS data. Platform workers’ actual working time (duration of time
logged on), break habits, speed of performance and aggregated income are tracked
through digital apps. However, few platform workers are fully aware of which data
platforms actually collect these data, or how they can access these data. Platforms may
also be unwilling to share this information. In the UK, for example, Uber drivers have
sought legal action, claiming that the platform refused to give them access to the
personal data it holds on them. In practice, it often remains unclear whether platform
workers can take their data with them, for example their ratings or profile, when moving
from one platform to the next.
Rating and review systems are another component of algorithmic management that
result in a ranking of individual platform workers (as discussed above). Such systems
are incredibly important, because the assignment of the next task by the algorithm is
often directly linked to the ratings and reviews they receive (platform-determined
platform work). In addition, low scores or a performance below the algorithm’s
standards can lead to a lower ranking in the pick-order for new assignments and in some
cases even to the temporary or permanent exclusion (‘deactivation’ or delisting) of the
platform worker from the platform. Still, there is very little knowledge about how these
rating and review schemes actually work, how they feed into the algorithms that decide
on the allocation of work or are linked to the pay per task.
Last, algorithmic management is characterised by a growing use of ‘nudges’ and
penalties to incentivise worker behaviour. For example, an Uber driver may receive
notifications to travel to an area with a higher passenger demand without the certainty
of an effective assignment. Similarly, the Uber app shows at all times how much money
93
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
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the driver has made, accompanied by a graphic of an engine gauge with a needle that
comes tantalisingly close to, but is still short of, the euro sign (Scheiber, 2017).
All of these processes, however, rely on data collection, processing and analysis. Data
gathering by platforms is done through complex computational processes, which are
intransparent (part of the ‘black box’ in the platform work conceptualisation). The
subsequent enormous data flow and constant digital monitoring allows for a deep
intrusiveness in the lives of platform workers which is in no way comparable with
traditional working relationships. The decisions made on the basis of these data flows
are mostly implemented in (semi-)automated processes, with minimal or even no human
involvement. In a way, it dehumanises decisions that affect workers negatively and
allows the platform to hide behind the argument that it did not make any decisions: the
algorithm did. Platform workers may have little or no opportunity for recourse against
this. The far-reaching intrusiveness in terms of access to personal data, digital
monitoring and the resulting power and control that platforms can exercise over their
platform workers also has implications for the employment status classification: does
extensive data collection, digital monitoring and automated evaluations of performance
management signal some sort of subordination or direction, as the latter is a key
criterion to determining the status of workers in accordance with the prevailing EU
legislation and CJEU case law (Ingrao, 2018)?
The national experts consulted in this study are generally aware of the challenge, though
many of them point out that data protection has not received much attention in their
country as other challenges have been deemed more pressing. Likewise, the literature
on data protection in platform work is still emerging. Nevertheless, for almost all
countries studied, experts flag data protection as a challenge for future
consideration. One of the experts even described it as a ‘new frontier in the area of
digital platforms’. Data protection in platform work is a rising concern among
policymakers, social partners, platform workers and clients, and therefore seen as a
‘medium’ challenge that affects all types of platform work.
In short: challenges related to the other indicators 4.5.4
Table 11: Summary table of challenges related to undeclared work, cross-border
platform work and data protection
Indicator Importance
of challenge
(high,
medium, low, none)
Specificity of the challenge
(specific to platform
work, common for
non-standard work, general labour
market)
(Most) Affected types of platform work
(all types, online vs. on-
location work, low- vs. high-
skilled, client-, platform- or worker-determined)
Undeclared work Medium Common for non- standard work
All types
Cross-border work
Medium
General labour market All types, though probability of platform work being cross-border
work is likely higher for online than for on-location work
Data protection Medium Specific to platform work
All types
Source: authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
4.6 Summary of the challenges for platform work
The final section of the challenges analysis concludes with a summary table and figure
that feed into the gap analysis. Details of how these conclusions were obtained can be
found in the preceding sections. Table 12 shows how important the challenges identified
using the adjusted WES model are, displaying challenges of high importance in red,
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medium importance in orange, low importance in yellow and no importance in green.
Figure 13 does not indicate how important specific challenges are, but rather how
specific they are to platform work: specific to platform work, common among non-
standard forms of work, or existing in the general labour market.
As is clear from Table 12, especially in the work and the employment dimensions,
multiple challenges of medium to high importance have been identified. In the work
dimension, those challenges identified as highly important are specific to platform work:
allocation of tasks; surveillance, direction and performance appraisal; and physical
environment. In addition, these challenges are strongly driven by the use of technology
and algorithms. The challenges linked to autonomy in work organisation are rather
related to the specific platform, whereas the task complexity, emotional demands, and
the work intensity and speed pressure are linked to the specific task. Hence, these are
only seen as minor challenges or no challenges at all. Turning to the work dimension,
several of the challenges listed are related to the unclear employment status of platform
workers (directly or indirectly). This also means that most of the challenges under the
employment dimension are not specific to platform work but arise in non-standard forms
of work more generally. The use of technology and algorithms in platform work has a
much smaller impact on this dimension. With regard to the social relations dimension,
there is quite an overlap in the challenges facing platform work and other forms of non-
standard work or self-employment. The other indicators are not part of the original WES
model and also appear to be strongly driven by the use of technology and algorithms.
Some of these challenges are specific to platform work, while others are not (see Figure
13).
Table 12: Summary table of the challenges facing platform work (by level of importance)
Adjusted WES model: Challenges for platform work
Work dimension Employment dimension
Social relations dimension
Other indicators
Autonomy in the allocation of tasks
Employment status Representation Undeclared work
Autonomy in work organisation
Determination of the employer
Participation in decision-making
Cross-border work
Surveillance, direction and performance
appraisal
Contracts (incl. type, termination,
contractual information provision)
Supportive management and
social support
Data protection
Task complexity Social protection Adverse behaviour and equal treatment
Work intensity and speed pressure
Earnings (incl. wages, fees, price setting)
Emotional demands Working time
Physical environment Career opportunities
Training and skills
Note: Lowest concern challenges are green, followed by yellow, orange, and the highest concern in red. Source: Authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
Figure 13: Summary chart of the challenges facing platform work (by level of specificity)
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Source: authors’ own elaboration, based on the literature consulted and the fieldwork performed in this study.
5. NATIONAL TOOLS AND RESPONSES TO PLATFORM WORK CHALLENGES
This section explores national tools and responses to platform work challenges based on
questionnaires distributed to socio-economic and legal experts in the EU28, Norway and
Iceland, as well as fieldwork (expert interviews and focus groups) and literature
review.94
Some existing literature examines national responses to the challenges of platform work.
Lenaerts et al. (2017) overviewed eight European countries, finding that different
countries had either explicit, implicit, or no strategies/responses on platform work. At
that time, the surveyed countries of Denmark, France and Germany had the most
comprehensive responses to platform work, including the angles of taxation, social
security, labour status, and competition. In many cases, legislators were found to take a
rather passive waiting approach to platform work. De Groen et al. (2017) found that
government responses to platform work tended to be narrow in scope, reactive, and
concentrated on minimising ‘side effects’ of platform work, often based on concerns
raised by incumbents (e.g. taxi industries).
As platform work has grown since its inception relative to the total workforce, so too
have a variety of national responses and attitudes. National governments have a
range of priorities in regard to platform work. The different types and intensities of
responses can be partially explained by a number of factors, such as different traditions
of government and industrial relations, and differing frequencies and varieties of
platform work.
5.1 Conceptual/theoretical framework
National socio-economic and legal experts catalogued tools and responses to platform
work relevant to working conditions and social protection.
‘Responses’ refer to targeted measures that emerged after platform work,
specifically to cope with associated challenges. Examples of responses include
court cases on the employment status of platform workers, dedicated legislation for
platform workers, and the formation of works councils for platform workers.
94
See Section 2 Methodology
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However, existing measures can also be important to consider. Put another way, in the
absence of dedicated policy frameworks for platform work, existing or default legal
frameworks play a large role. Thus, we also discuss tools.
‘Tools’ are existing or new measures that can be used to address challenges
associated with platform work but were not designed specifically to do so.
Examples of tools at national level include legislation or case law concerning bogus self-
employment, or sectoral collective agreements that apply to platform workers. Because
national tools could conceivably incorporate so much (such as general labour law across
30 countries), this section focuses on responses. We only discuss national level tools
when identified by socio-economic and legal experts as especially important.
To allow ordered classification and description of collected data, and contribute to
analysis and cross-country comparison, responses were organised by categories (1)
legislation, (2) case law), (3) actions of public administrators or inspectorates, (4)
collective agreements (5) platform worker actions, (6) platform actions, and (7) other.
Legislation: Legislation is understood as laws formalising policies by setting out
standards, procedures, and principles. These may include royal decrees, bills, orders,
amendments, and so on. Generally, EU Member States are competent to legislate issues
of working conditions and social protection, while the EU provides broad policy
framework. A law is the result of a legislative process; it is binding, and a breach of law
can lead to penalisation or prosecution.
Case law: Case law is defined as law as established by judicial decisions in cases.
Thematic areas of relevance to platform work may include employment status and
corresponding rights, competition law, licensing requirements, taxation, or data
protection. At national level, relevant cases might include labour courts, or other courts
at the national or sub-national levels.
Actions of public administrators or inspectorates: Administrators and inspectorates
may be actively involved in enforcing relevant law on platforms and platform workers.
These might include public employment services, social security bodies and inspection
services producing instructions, awareness raising, or issuing declarations.
Collective agreements and social partner initiatives: Collective agreements are bi-
or tripartite agreements that are negotiated between the social partners (and, in the
latter case, the government). Collective bargaining is the dialogue process by which
collective agreements can be reached.
Actions by platforms: These include any type of initiative, plan, goal, guideline or
target set out by platforms. Examples might include publishing green or white papers,
making statements on sectoral or company practices, or opening up structured dialogue
with platform workers. Other relevant responses include self-regulation, such as offering
expanded insurance coverage without being legally required to do so.
Actions by platform workers: Platform workers have directly responded to their
challenges, even independently of social partners. Because of the differences between
platform workers and traditional employees, it is also important to consider ‘new forms
of organisation’ and ‘union-like’ groups (Kilhoffer et al., 2017; Lenaerts et al., 2017).
Relevant responses may include strikes or other collective actions, forming collectives, or
innovative efforts to organise and collectively bargain.
Other: This category captures any other developments that do not fit into the previous
categories. Examples may include government policies, government-initiated information
gathering or consultations, or media debates. ‘Policies’ may be considered a form of ‘soft
law’ without the potential to be enforced (as opposed to legislation, which is ‘hard law’).
Policies are understood as any type of action, plans, goals, guidelines or targets set out
by a governing body. At the national level, policies might be discussed in ad hoc
committees and issued in green or white papers.
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For readability, and because many responses involve multiple actors and similar themes
(e.g. dialogue between platform workers, platforms, and social partners), national tools
and responses are discussed in three parts: top-down; bottom-up; and other.
5.2 Mapping of national tools and responses
In total, national experts catalogued 177 responses across the EU28, Norway and
Iceland, excluding tools considered very general, for example general labour law (see
Figure 14). This number should be understood very cautiously, as it is not always easy
to decide when a tool is relevant enough to include, Moreover, it often proved difficult to
find and verify responses that were initiated but abandoned, or simply pending.
Figure 14: National responses summary
Source: own elaboration from data gathered in national surveys
Note: this graphic only shows the count of significant identified responses. It is mostly indicative of the relative amount of ‘activity’ of various stakeholders regarding working conditions and social protection of platform workers across countries. It does not indicate the intensity or effectiveness of the responses.
5.3 Top-down responses and tools
Top-down responses and tools cover legislation, case law, and administrator and
inspectorate actions. These can be considered the ‘hardest’ or most binding measures.
Legislation 5.3.1
Working conditions and social protection of platform workers do not generally constitute
the direct material scope of national statutory legislation.
France is the sole country that has enacted national legislation with a view to improving
the labour and social rights of platform workers. The law specifically targets self-
employed platform workers.95
In Italy, regional legislation in Piedmont and Lazio directly addresses the working
conditions and social protection of platform workers (Iudicone and Faioli, 2019). The
Lazio legislation96 is particularly interesting as it aims to improve the labour and social
95
LOI n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels (1), also known as Loi El Khomri [El Khomri Law]
96 Regione Lazio, Legge Regionale 12 aprile 2019, n. 4 “Disposizioni per la tutela e la sicurezza dei lavoratori
digitali”
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rights of all platform workers irrespective of their employment status (IRES, 2019). This
includes minimum protection for all ‘digital workers’ including protection in the event of
accidents at work, safety training, liability and accident insurance, and certain social
protections. The law also reiterates regional prohibition of compensation per task.
In almost all countries where platform work has emerged, recent national legislation has
indirectly tried to regulate working conditions and social protection of platform workers:
either through defining the employment status of the platform workers, such as in
Portugal (albeit only for one specific business sector),97 by extending the personal scope
of application of national labour and social protection law traditionally applicable to
employees,98 by regulating the working conditions and social protection for persons in
97
Lei n.º 45/2018 Regime jurídico da atividade de transporte individual e remunerado de passageiros em
veículos descaracterizados a partir de plataforma eletrónica [Legal regime of individual transport activity and paid passengers in unregistered vehicles from electronic platforms] (Diário da República, 1.ª série — N.º 154 10.08.2018, p. 3972-3980)
98 E.g. Estonia (Perehüvitiste seadus [Family Benefits Act] § 33, 1.01.2017) and Denmark (Lov om ændring af
lov om arbejdsløshedsforsikring m.v. [Act amending the Unemployment Insurance Act, etc.] 1670, 26.12.2017).
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non-standard employment,99 or by strengthening the rights and protection of the self-
employed.100
Several countries have taken legislative
action in dimensions related to
platform work, but often for very
different considerations than the
working conditions or social protection
of platform workers. For example,
Denmark, Czechia, Hungary, and
others enacted legislation to regulate a
specific business market (especially
those in which platforms are directly
competing with incumbents) with a
view to ensuring fair competition.
Belgium, France, Italy, Slovakia and
others passed, amended, or considered
legislation on revenues or income
generated by platforms or by platform
workers.
Overall, few instances of dedicated
legislative responses on platform work
were found. This reflects that most
countries have preferred to adapt
platform work to the existing legislative
framework rather than introduce new
dedicated legislation.
Uber versus national legislators
For national legislation concerning
platform work, countries frequently
adopted recent legislation with a view
to regulating the passenger or
personal transport services
sectors.101 It is interesting to note that
in almost all countries where Uber is
currently active,102 the national
legislator has changed the legislation
concerned with the personal transport
services in recent years, and most that have not yet done so are in the course of
adopting new legislation. This reveals the impact that the occurrence and gradual
expansion of digital platform business have had on the personal transport services sector
across the EU.
99
E.g. Germany (Das Sechste Buch Sozialgesetzbuch – Gesetzliche Rentenversicherung " [The Sixth Book of
Social Security - Statutory Pension Insurance] BGBl. I S. 2387, 11.12.2018. – see especially Section 2 Sentence 1 No. 9), Spain (Ley 20/2007, de 11 de julio, del Estatuto del trabajo autónomo [Law 20/2007, of July 11, on the Statute of autonomous work], BOE-A-2007-13409, 11.07.2018)
100 E.g. Lithuania (Lietuvos Respublikos valstybinio socialinio draudimo įstatymas [Law of the Republic of
Lithuania on State Social Insurance] I-1336, 12.02.2019).
101 Experts from DK, EE, EL, ES, FI, FR, HR, HU, LV, PT, and SK report to have recent (amendments to the)
‘personal transport services’ legislation already enforced whereas in CZ, PL, RO, SI proposals for legislation are being discussed in parliament. In PL, new legislation is currently being prepared and expected to be adopted in autumn 2019. In RO, a draft law was proposed in 2018 but ultimately rejected by the parliament.
102 According to UBER.com, in June 2019 UBER is active in cities of the following 21 countries: AT, BE, CZ, DE,
DK, EE, EL, ES, FI, FR, HR, IR, IT, LT, NL, NO, PT, PL, SE, SK, and RO.
Box 5: Licensing requirements for drivers
Estonia was apparently the first country to amend
its Public Transport Act. In 2011 it created a common licensing and quality vetting for ride- sharing platform business and traditional taxi companies.
In 2015 Spain introduced a cap on the number of vehicles allowed to operate in the transportation of passengers without technically being taxis.
In 2018 Greece adopted legislation aiming to prevent the presence of ‘Uber-like ride-sharing apps’ and obliging platforms that operate mobile apps to conclude three-year contracts with taxi owners. The legislation introduces heavy fines for licensed taxi drivers, as well as for private vehicle owners, who fail to abide by the rules.
Slovakia adopted new legislation, in force as of 1 April 2019, introducing a wider definition for ‘dispatching services’. These traditionally constitute an essential characteristic of the personal transportation business by bringing digital communication into its ambit. Platforms are not
considered taxi companies but dispatchers. The
new legislation abolished several requirements that were previously applied to the taxi business, such as the requirements to prove financial reliability, to have a proficiency test or to have a taximeter at all times.
In Croatia the licensing procedure was simplified
in 2018, and mandatory tests for drivers for the area where they are operating were abolished.
Lithuania created a new framework for ‘ride- sharing type services’. This was accomplished through amendments to the Road Transport Code, which came into force in January 2017.
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The legislation concerned primarily aims
to ensure fair competition between the
(traditional) taxi business sector and the
personal transport services organised by
digital platforms. The legislation is most
often initiated by the national parliament
or equivalent, although legislation
adopted by lower authorities such as city
councils has also been reported.103
National legislators have used two
approaches to try to create a level
playing field. The first approach is
enforcing existing standards and
requirements to platforms and
their drivers, which were already
applicable to the traditional taxi
businesses. In some instances this made
it more challenging for the platforms to
maintain their business models, and led
to a reduction or a complete withdrawal
of their businesses.104 The
second approach is to loosen industry
standards and requirements that
existed prior to digital platforms. While
the strategies are very different, both
can be utilised simultaneously in a
piecemeal fashion.
Most countries seem to have aimed to
enforce a licensing obligation on
behalf of the drivers/individual ‘service
providers’ (platform workers).105 These
are enacted with a view to applying
similar (professional and/or other) requirements applicable throughout the personal
transport services sector. They particularly aim to create a level playing field between
the traditional taxi businesses and the new entrants using platforms to provide their
services. For example, taxi licences or permits may represent a significant annual
expense, and taxi companies and drivers have fiercely protested against unlicensed
competition.
In some countries (e.g. Hungary and Slovakia) the licensing requirement is
complemented by a registration obligation for the (companies that own) platforms or
103
In some countries (e.g. Czechia, Hungary) Uber services are rather limited to one or a limited number of
urban areas. Regional and local authorities of urban areas and larger cities are consequently the first levels of administration who are confronted with the occurrence and gradual expansion of the ride-sharing apps and digital platforms.
104 In Sweden about 80 court rulings of the general criminal courts of first and second instance concerned
UberPop, which was found in breach of competition and transportation legislation and as a consequence
banned from operating. In Denmark the parliament adopted a new Taxi Act in 2017 which also led to a withdrawal of Uber.
105 Apart from the countries mentioned FR (2018), FI (2018), LV (2107) also reported on recent legislation.
The draft proposal for law in SI, which envisages to supplement the Road Transport Act aims to deregulate the taxi services sector and hence licensing obligation, implying that, if adopted, a new type of work(er) could emerge without having a formal status as employee or self-employed. PL also reports on upcoming legislation in the area of personal transport services to be adopted in 2019. In RO, proposals for new legislation were debated in parliament at the end of 2018 but not yet adopted.
Box 6: The Lazio region's platform work law
Under the legislation passed in Lazio, platforms would be required to:
Provide insurance for work accidents and professional diseases, and damages to third parties, to be paid by the company
Apply the standard minimum daily pay using the national collective bargaining agreements signed by the most representative unions as reference; piece rate work is forbidden
Inform the workers on the place of work,
tasks, pay rate, risks concerning work execution, access to protective equipment, functioning of the rating system, and its effect on the employment relationship
Ensure health and safety at work, provide training and the obligation to provide
health and safety equipment, and cover the maintenance costs for this equipment
Ensure a transparent and non-
discriminatory intermediation and rating
algorithm, the portability thereof, and to
ensure an impartial verification procedure
of the system upon request of the worker.
Moreover, a regional website for the registry of
the workforce and the employers compliant with
the abovementioned provisions has been created,
along with a regional committee in charge of
drafting a Charter of Rights for digital workers.
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digital apps, or by a requirement to have a ‘permanent establishment’ (Meszmann,
2018).
The legislation on personal transportation services adopted by Member States does not
generally aim at regulating the employment status of the individual platform workers,
nor is it aimed at working conditions or social protection. One exception is found in
Portugal, where Law 45/2018106 entered into force in the course of 2019. The law, which
only applies to the transport sector, obliges platforms to use ‘operators’ as
intermediaries between the platform and the drivers. These operators107 are ‘legal
persons’ or companies, which facilitate the transport services to the customers booking
their journeys on the platform. According to the law, individual drivers cannot conclude a
contract directly with the platforms and must instead be contracted by these
intermediate operators. The law furthermore introduces the presumption that there is an
employment contract between the driver and the operator, and explicitly states that the
presumption prevails even in cases when the specific contract is named differently.108
The law introduces additional material provisions on working conditions, such as limited
working hours. Furthermore, Uber drivers, as employees, are covered by general labour
and social protection legislation.
Dedicated legislation on working conditions and social protection for platform
workers
Very few national legislators have directly tackled the area of working conditions and
social protection that exclusively address platform workers by means of statutory law.
However, in addition to Portugal’s 2018 law on drivers in the personal transport sector, a
few other responses are noteworthy.
In Italy several proposals of law were discussed in Parliament in 2018 and more recently
in spring 2019, which all aimed at better protection of (platform) workers mainly in the
food delivery sector. The now-adopted legislation109 aims to establish the employment
status of food delivery riders who work through digital platforms. The law affords riders
better protection by ensuring a guaranteed minimum wage and the right to paid holidays
and sick leave, which are all labour rights that are applied to employees in general.110
The Portuguese and Italian national legislation referred to above concern the specific
business sectors of personal transport services and food delivery services. They remain
limited to the working conditions and social protection of workers in these specific
sectors and are not oriented to all types of platform work and platform workers. More
comprehensive legislation is in force in France and Italy.
The French parliament adopted the Loi El Khomri [El Khomri Law] in 2016111 to target
certain self-employed platform workers. Platform workers affected by this law are
106
Lei n.º 45/2018 Regime jurídico da atividade de transporte individual e remunerado de passageiros em
veículos descaracterizados a partir de plataforma eletrónica [Legal regime of individual transport activity and paid passengers in unregistered vehicles from electronic platforms] (Diário da República, 1.ª série — N.º 154 10.08.2018, p. 3972-3980).
107 Defined as ‘TVDE’ – transporte em veiculo descaracterizado a partirde uma plataform electronica [transport
in vehicle characterised by an electronic platform].
108 One relevant question is whether a driver who establishes a one-person undertaking and through the latter
is concluding a contract with the platform could be considered as an employee of the platform. This creative circumvention of the legislation may beget further discussions.
109 L. 2 novembre 2019, n. 128, Conversione in legge, con modificazioni, del decreto-legge 3 settembre 2019,
n. 101, recante disposizioni urgenti per la tutela del lavoro e per la risoluzione di crisi aziendali
110 The original draft legislation also prohibited pay ‘per task’ or ‘per delivery’, but this was not included in the
passed legislation.
111 Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
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defined as independent workers112 in an economically113 and technically dependent114
relationship with an online platform.115 The law highlights the ‘social responsibility’ of
such platforms to provide platform workers with access to insurance for work accidents
and professional diseases, training and continued education. It also establishes the right
to start or join trade unions, and the right to take collective action for these self-
employed platform workers. In addition, the law contains provisions concerned with
taxation of income received by self-employed platform workers.
By introducing the El Khomri Law, the French legislature has directly tackled the hybrid
employment status of certain platform workers116 across all business sectors, explicitly
clarifying what labour and social rights self-employed platform workers are entitled to. In
so doing, the legislator has found a unique mechanism ensuring some labour and social
rights for particularly vulnerable self-employed platform workers who are not employees,
and consequently are not protected by much labour legislation on working conditions
and social protection (Daugareilh et al., 2019).
The Italian region of Lazio adopted regional legislation on 20 March 2019.117 This aims to
regulate remuneration, health and safety, and social protection of all types of platform
work regardless of the employment status of the workers (IRES, 2019). It is the most
comprehensive legislation on platform work in force in the 30 countries covered
by the present study. The law covers many working conditions and social protection
challenges that platform workers face. In spite of its novel approach in covering the
working conditions and social protection rights of all platform workers throughout all
market sectors, the Lazio regional legislation is exceedingly broad, and according to the
Italian legal expert consulted, likely to be challenged on the grounds of its
constitutionality.
Employment status: the critical issue in a majority of countries
As discussed in Section 4, one of the most (if not the most) critical challenges concerns
the employment status of platform workers. Platform work has profoundly challenged
the traditional dichotomy between employee and self-employed in practice, and also
before national courts. In general, platforms engage their workers as self-employed for
economic reasons. When platforms enter markets with prevailing practices based on
employment relationships, they circumvent national legislation on working conditions,
social protection and other requirements and standards, thereby reducing their costs and
creating a competitive advantage.
EU Member States differ widely in their national definitions of employees and
self-employed. Often concepts such as ‘employee’ or ‘self-employed’ are not explicitly
defined in national labour and social protection legislation. From our survey among the
country experts, none of the countries, with the exception of Portugal, has adopted
112
The term used throughout the legislation is travailleur indépendant – literally independent worker, but
generally meaning self-employed person or independent contractor.
113 See Art. L. 7342-1 through 7342-6. “[Contributions] shall be borne by the platform when the self-employed
person has completed the platform, during of the calendar year under which the contribution and contribution were paid, a turnover equal to or greater than 13% of the annual ceiling for social security” (2016-1088, 8.08.2016)
114 Art. L. 7342-1: “When the platform determines the characteristics of the service provided or the good sold
and fixes its price, it has, with respect to the workers concerned, a social responsibility that is exercised under the conditions provided for in this Chapter” (2016-1088, 8.08.2016)
115 See Code général des impôts [General tax code], which defines “The company, regardless of its place of
establishment, which as platform operator remotely connects, electronically, people for the sale of a property, the provision of a service or the exchange or sharing of a good or service […]” (Article 242 bis, modified by LOI n°2018-898 du 23 octobre 2018 - art. 10 (V))
116 See above qualifications for technical and economic dependency. For example, platform workers benefiting
from these portions of the El Khomri Law cannot set their own prices.
117 Giunta Regionale: deliberazione N.308 NORME PER LA TUTELA E LA SICUREZZA DEI LAVORATORI DIGITALI
[Rules for the safety and protection of digital workers] (2018 n.40, 20.03.2019)
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specific legislation determining the employment status of platform workers. Portugal did
so for platform workers in the personal transport services sector, and in this case, there
is a legal presumption that select platform workers are employees based in legislation.118
In all countries, the labour and social protection legislation leaves the discretionary
power to interpret specific cases on employment status to the judiciary, and
national courts base their rulings on the facts and concrete relationship between the
employer/commissioning company, and the particular platform worker.
In many countries, the notion of ‘subordination’ is critical to determine an employment
relationship. For example, in its recent draft legislation covering the digital economy,119
the Italian region of Piedmont aimed to codify the criteria that the Italian courts applied
in their case law when determining the employment status of platform workers (IRES,
2019). The notion is specifically relevant for platform work and has been further detailed
in the legislation itself. Platform work is performed in subordination when: 1) the work is
requested by a third party; 2) the platform worker uses their own means and tools; and
3) the platform established or influences the conditions and remuneration
through a digital platform. This is not dissimilar to the previously discussed criteria of
the El Khomri Law, which requires certain platform workers to receive additional
protections. At the same time, the legislation clarifies some criteria that are/were often
viewed as indicative or decisive of self-employment in court. The legislation specifies
that the mere fact that the working time of a platform worker has not been defined in
advance, or that a worker is free to accept (or decline) a single task, does not in itself
constitute self-employment. The legislation also determines that algorithms are
subjected to an experimental phase and to a consultation right for the trade unions
about the implementation of the algorithm, whereas rating mechanisms based on the
performance of the platform workers shall be banned.120
Some countries have taken different legislative action to clarify the employment status
of platform workers and/or to address the consequences of doubtful or wrong
classifications. In a number of countries, a third category of ‘workers’ exists in
national legislation besides the categories of employed and self-employed. In Bulgaria, a
third category of workers exists under the concept of ‘contractors’ who have recently
become part of the personal scope of general social insurance legislation, in addition to
employees and self-employed. In Spain the concept of ‘economically dependent
autonomous work’ serves as the intermediate category between employee and self-
employed. Germany has ‘employee-like’ workers, ‘mini-jobbers’, and so on. These third
categories often have mixed protection levels in terms of their working conditions and
social protection, which usually implies greater protection than self-employed, but less
protection than employees. In the countries concerned, platform workers can be
classified as an in-between category of workers.
Clearly Member States show a great deal of diversity in handling criteria to distinguish
employees, self-employed, and any intermediate statuses. However, certain factors are
applicable in most EU jurisdictions to help determine if a platform worker is an employee
or self-employed.
118
The rebuttable presumption is a concept that most often originates from case law and is less prevalent in
legislation. Note that EU-OSHA (2017) found that the rebuttable presumption of self-employment does not necessarily produce concrete benefits for platform workers or remove legal uncertainties.
119 Regione Piemonte, Proposta di Legge Regionale 27 giugno 2018, n. 306 “Disposizioni in materia di lavoro
mediante piattaforme digitali”
120 The regional legislation also abolishes the concept of ‘quasi-subordinate work’, which was introduced by the
Jobs Act.
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Table 13: Overview of factors indicating whether a platform worker is employee or self-
employed
Factor
Elements indicating employee
status
Elements indicating self-
employed status
Agreement
Fixed remuneration
Guaranteed remuneration in case of illness, holiday, etc.
Expenses refunded
Non-competition or exclusivity clause
Training clause
Payment after invoice
Payment per performance
No guaranteed remuneration (i.e. when no services performed)
Costs/expenses borne by the service provider
Commitment to attain a certain result regarding agreed work
Work organisation
Precise and detailed description of tasks and the way they are to be performed
Working materials and equipment provided by the platform
Exclusivity
Presenting oneself as a part of the platform towards third parties
Work organised freely
Workplace freely chosen
Own working materials and equipment
Possibility of recruiting own staff to perform agreed services
Possibility of having a replacement perform the work
Possibility of working for several companies/platforms
Extensive liability
Working time organisation
Working hours imposed by the
platform (check-in and -out obligations; daily timesheets)
Holiday period (number and timing) imposed
Obligation to justify absences
Working hours chosen by the service provider
Holiday period (number and timing) freely chosen by the service provider
Possibility of exercising hierarchical supervision
Possibility of precise and detailed instructions by the platform
Possibility of supervision of the
performance of the work and of compliance; reporting duties during performance or afterwards
Internal disciplinary sanctions and control by hierarchical superior
Only general directives of an
economic nature are given by the platform/client
Reporting only afterwards on the results
Responsibility and decision- making power with respect to financial means
Personal and considerable investment in the company and participation in the profits and losses of the company
Source: adapted from EU-OSHA’s (2017) presentation of overview from Nerinckx (2016).
The designation of employment status has a number of practical consequences. Of
particular interest is national legislation on social protection of the self-employed.
The scope and protection levels of the self-employed are generally lower than
employees, though protection legislation of the self-employed varies to a large extent in
the Member States. Meanwhile, most platform workers are classified as self-employed in
practice (Eurofound, 2018). Changes to national legislation on the social protection of
the self-employed can therefore have direct consequences for platform workers.121
121
See also discussion of a relevant EU instrument: Council Recommendation on access to social protection for
workers and the self-employed, political agreement; 15394/18 of 10.12.2018.
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In Denmark, a revision of the Unemployment Insurance Act of 2018 determined that all
sorts of income from labour, and hence
also self-employed income, is to be
considered income that is taken into
account for the determination and
calculation of unemployment benefits.
The income that self-employed
platform workers earn will hence be
taken into account for the purposes of
their unemployment benefit.
Several countries report recent
legislative changes and amendments to
national labour or social protection
legislation, which were already in
force, with a view to expanding the
personal scope of their application to
(new) non-standard forms of
employment. Recent legislation in
Estonia122 has been adopted to extend
the personal scope of the Health
Insurance Act to persons working
under these civil law contracts, which
are usually contracts of very short
volume or duration. In several cases
this extension is formulated by
including employee-like persons into
the personal coverage scope, as was
the case in Austria regarding legislation
on equal treatment of temporary
agency workers.123,124 Similar occurred
in Germany for ‘homeworkers’,125,126
and Denmark127 and Lithuania128 for
income gained through self-employed
activities. These legislative actions
were often not necessarily introduced
for platform workers exclusively, but to cover broader groups of workers in non-standard
employment.
Apart from broadening the personal scope of legislation to incorporate non-standard
forms of work and/or platform work, other mechanisms are being introduced in national
122
RT I, 30.06.2015, 1 amending the Estonian Health Insurance Fund Act
123 BGBl. Nr. 196/1988, Arbeitskräfteüberlassungsgesetz [Act on Temporary Agency Work] § 2
124 The introduction of ‘employee like persons’ in addition to the employees themselves (irrespective of the
latter’s specific term that is being used under national legislation) in the ambit of the personal scope of legislation seems primarily used under the national non-discrimination legislation in matters of employment, which in itself has already a broader scope deriving from European Legislation. The latter also encompasses access to self-employment.
125 See Glossary.
126 Heimarbeitsgesetz in der im Bundesgesetzblatt Teil III, Gliederungsnummer 804-1, veröffentlichten
bereinigten Fassung, das zuletzt durch Artikel 4g des Gesetzes vom 18. Dezember 2018 (BGBl. I S. 2651) geändert worden ist.
127 Ammendment Act no 1670 26/12/2017, Lov om ændring af lov om arbejdsløshedsforsikring m.v. [Act on
Unemployment Insurance Benefits]
128 Lietuvos Respublikos valstybinio socialinio draudimo įstatymas [Law of the Republic of Lithuania on State
Social Insurance Law No I-1336 of the Republic of Lithuania on State Social Insurance
Box 7: Belgium's special tax categories
Belgium introduced a special taxation regime ‘Programmawet’ [Program Law] on 1 July 2016. It applies to income natural persons receive when providing services through an electronic platform, on the condition that the customer is a natural
person not acting in a professional capacity, and the payment is made by a registered digital platform. When the gross income received is below a predefined ceiling, a special (lower) tax rate applies. Platforms are required to register and to report annually on the amount that they have paid
to the individual service providers to the tax administration.
In 2018 a new taxation regime ‘Loi De Croo’ was launched for income from occasional services provided between ‘citizens’ outside any professional relationship. Natural persons can receive payments for services outside of any professional relationship
such as small-scale maintenance works at home, household help, small-scale IT support services, etc. Occasional services can also be provided through the mediation of registered digital platforms.
The income from occasional work is treated under a
special taxation regime and free from taxes and
social security contributions up to a maximum ceiling of €6,000 per year or €500 per month. When the income exceeds the annual ceiling, the provider is obliged to register as self-employed and the income will be treated as professional income. Lenaerts (2018) finds that whereas most workers
simply stop working when they reach the maximum amount, others use it as a springboard to launch their own business.
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legislation which aim to correctly establish the employment status of platform workers.
These mechanisms are often aimed at avoiding possible abuse and bogus self-
employment. In addition to the Portuguese example of the legal presumption of
employee status for selected platform workers, others can be observed. One such
example is in Malta, where secondary legislation was introduced enabling a
reclassification of persons who have concluded a self-employed contract.129
As an additional consequence of their self-employment, few platform workers
are covered by collective agreements.130 A 2017 Act in Ireland altered this. The
Competition (Amendment) Act,131 which defines and uses the concepts of ‘false self-
employed worker’ and ‘fully dependent self-employed worker’, allows such individuals to
join trade unions and take part in collective bargaining and agreements. The law does
not address platform workers in particular but establishes the right to association and
collective bargaining to certain self-employed individuals, including some self-employed
platform workers. Such collective rights were also introduced by the French El Khomri
Law of 2016 for platform workers who are in an economically and technically dependent
relationship with a digital platform.
Reporting and taxation for platforms and platform workers
Some country experts have reported recently adopted legislation which aims to better
control platform operations, and/or income generated by platform work. These generally
intend to address several challenges at once, including reducing administrative burden
for workers, preventing tax evasion, and fighting undeclared work. These pieces of
legislation do not necessarily apply just to platform workers.
In France, a new law adopted in late 2018, and effective from 1 January 2020, obliges
platforms to report the remuneration they have paid to each platform worker to the tax
administration.132 Estonia adopted the Simplified Business Income Taxation Act, which
entered into force at the beginning of 2018, and applies to the persons who deliver
services or offer goods to other natural persons. The income received is subject to a
more favourable taxation rate. The service providers making use of the simplified
business account do not have to register as self-employed (‘entrepreneurs’).133 At the
same time, a new register had already been initiated by the tax authorities in 2014,
where all different categories of workers need to register: employees, workers under
civil law contracts, service providers using the simplified business account, and the self-
employed (entrepreneurs). At the beginning of 2018, Slovakia adopted new tax
legislation obliging platforms providing personal transport services and accommodation
services to report earned income.134 In Romania, legislative proposals were debated in
late 2018 in Parliament that obliged ride-sharing platforms to report on the number of
rides to the fiscal authorities.135
129
S.L.452.108, see http://www.justiceservices.gov.mt/downloaddocument.aspx?app=lom&itemid=
11844&l=1
130 Further discussed under the heading Collective agreements.
131 Competition (Amendment) Act 2017 (Act 12 of 2017) Part 2B
132 Platforms previously did not have to verify the identity of the platform workers. See LOI n° 2018-898 du 23
octobre 2018 relative à la lutte contre la fraude (1), available at https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037518803&categorieLien=id.
133 Ettevõtlustulu lihtsustatud maksustamise seadus [Simplified Business Income Taxation Act], available at
https://www.riigiteataja.ee/en/eli/522122017001/consolide
134 The Amendment to the Act No. 595/2003 (Income Tax Act), available at https://www.mfsr.sk/en/taxes-
customs-accounting/direct-taxes/income-tax/legislation-force/income-tax-act/
135 From expert and stakeholder interviews, see Annex I: Synopsis Report of consultations.
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Non-discrimination, equal treatment, and platform work
Many country experts report recent amendments to their national non-discrimination
legislation in the field of employment,136 ensuring equal treatment and protection from
the six grounds of discrimination established in the assessed EU equal treatment
legislation.137 None of the legislative initiatives were aimed at platform workers
particularly, but through extension of the personal scope of the legislation concerned,
such as the inclusion of intermediate employment statuses (e.g. employee-like in
Germany and Austria), platform workers may have come within their ambit. In cases
such as Germany, non-discrimination labour laws are rather unique, insofar as they
equally impact workers (including platform workers) regardless of employment status
(De Groen et al., 2018a).
Intermediate conclusions on national legislation
In recent years, national legislators have been increasingly active in the area of
platform work. The business sectors concerned are those in which digital platforms first
entered national markets about a decade ago and have been most powerful and
persistent in gaining parts of the local market shares, often to the detriment of the
incumbents. Most national legislation has been adopted in the sector of the personal
transport services and to a lesser extent in the sector of the delivery services.
National legislation has primarily aimed to ensure fair competition in these
specific market segments. In this regard, two main approaches seem to be deregulating
the traditional business sectors, or explicitly applying existing standards and
requirements to the new (platform) entrants. Both could theoretically lead to a level
playing field, and thus have consequences on working conditions and social protection of
platform workers, but results have varied.138 Where countries such as Sweden, Belgium,
Slovakia, and Denmark have essentially banned or driven out platforms in particular
sectors, in most others platform businesses are growing steadily, often to the detriment
of their more traditional competitors.
Existing research found that national legislators have been reactive where platform work
is concerned (Lenaerts et al., 2017), but we observe a tendency towards more
proactive approaches. For example, several countries display creative approaches to
the issue of tax reporting and collection, which is a significant priority of central
governments.
National legislation specific to platform work remains very rare. Nevertheless,
while several new or revised pieces of legislation do not target platform workers, they
still impact them. These legal tools may reduce the disparity between self-
employed and employees in social protection coverage or labour law
protections. In this respect, these tools broadly address ‘new’ forms of non-standard
employment, including platform work.
Case law 5.3.2
Experts for sixteen of the thirty surveyed countries report national case law concerning
platforms. Furthermore, it appears that there is a significant rise in court cases in recent
136
AT, BG, CZ, DK, EL, IE, LT, NL, NO, and PL.
137 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (OJ L 303, 2.12.2000, p. 16–22); Council Directive 2000/43/EC of 29 June 2000
implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22–26); Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, p. 23–36)
138 As mentioned above, platforms have entered markets with prevailing practices based on employment
relationships. By relying on labour from self-employed individuals, they circumvent national legislation on working conditions, social protection and other requirements and standards, thereby reducing their costs and creating a competitive advantage.
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years, and that many decisions on crucial cases are pending and/or are under appeal as
of summer 2019.
Court cases have primarily been reported in the two business sectors that are most
relevant for the platform economy in terms of their initial occurrence and volume of
business in the Member States: personal transport services139 and food delivery
services.140 Some national court cases also concern accommodation services and other
business sectors such as plumbing.141
Most often national courts were called upon to decide in matters related to competition
law in specific business sectors. However, as could be expected given the binary
divide between employees and self-employed in many national legislations, national
judges have regularly ruled in cases that concern the determination of the
employment status of a particular (group of) platform worker(s), sometimes with
contradictory outcomes in and between countries.
Uber in national courts
National judges have assessed whether digital platform businesses are to be classified as
a ‘taxi’ service, implying thereby that the requirements and standards applied to the
sector have to be adhered to by the platforms. Belgian, Bulgarian, Danish, Finnish,
Dutch, Slovak, Swedish and UK competent courts ruled in such cases, and most often
classified the platform as a taxi service. In Sweden alone, more than 80 cases have been
ruled since 2015, and the criminal courts of first and second instance in Stockholm and
Gothenburg unanimously ruled that UberPop provides personal transport services, and
hence that their drivers require a professional licence to operate. In Sweden and
elsewhere, such rulings correspond with Uber’s decision to suspend its UberPop services
in most European countries.
Local courts in Brussels, Belgium142 took a similar position until very recently, which
(would have) led to a ban of ride-sharing services provided by UberPop, and potentially
UberX, unless local personal transport sector legislation143 was observed. In the Brussels
region, different legislation exists between taxi services and services to ‘car rental with
driver’, such as limousine services.144 Taxi drivers must have a taxi licence, which is
quite expensive. They must further have specific insurance and ensure regular technical
examinations of the cars. Regulations on ‘car rental with driver’ services are much less
stringent. Court decisions in 2015 and in 2016 ruled that the services provided by
UberPop and UberX were illegal, which implied in practice that the ride-sharing drivers
had to respect the local requirement for taxi drivers and/or for renting a car with driver
services. As a consequence, UberPop terminated its services because these drivers lack
professional licences, but maintained its UberX services, as the latter requires drivers to
possess the special driver’s licence required by the local transport regulation for rental of
139
Court cases concerned with Uber were reported for AT, BE, BG, CZ, DE, DK, FI, FR, NL, PL, SE, SK, and the
UK – 13/30 surveyed countries.
140 Court cases concerning Deliveroo or other food delivery services were reported for BE, DE, ES, FR, IT, NL,
and the UK.
141 Mr G Smith v Pimlico Plumbers and Mr C Mullins: 2374916/2011. In this case, a person working for a
plumbing company claimed he was to be considered as an employee (‘worker’ in the UK definition) and entitled to unpaid holiday pay all employees are entitled to, and that he was not a self-employed as he was classified by the plumbing firm. Courts of first and second instance, as well as Supreme Court, applied the established tests of employment status, confirming he was an employee (or ‘worker’ in the UK definition).
142 Uber is mainly active in the Brussels region, in some cities in Wallonia and in the city of Leuven in Flanders,
but not yet in other urban areas such as in Antwerp and Ghent.
143 The regulation of personal transportation services is a regional competence in Belgium. The Brussels region
legislates by means of ordinances.
144 This includes personal transport services that provide a car and a driver, and concern rides that last longer
than three hours, and exceed certain distances. Similar distinctions are present elsewhere in Europe, such as Austria.
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a car with driver services.145 These judgments were confirmed by a new court case at
the beginning of January 2019. However, a recent ruling of the same Brussels court
decided differently in the second half of January 2019.146 The case concerned only UberX
services, and the court ruled that Uber is not infringing the local transport legislation and
can continue its services without their drivers having to obtain a taxi driver’s licence. By
this ruling, UberX was not considered to be a transport service, but an
intermediary in the transport sector,147 whereas the drivers themselves were
considered as providers of the services concerned. It remains to be seen what the court
of appeal will rule, as the case is likely to be further pursued by the local taxi industry.
The courts of first (May 2018) and second (December 2018) instance of Bratislava,
Slovakia, also effectively banned Uber on similar grounds to the Swedish and Belgian
judges, determining that Uber drivers need to have a professional licence. However, a
recent piece of legislation entered into force in April 2019 that classified digital platforms
as dispatching services rather than taxi services (Reuters, 2019). In effect, this removed
most of the requirements for drivers that previously were applied, and it is likely that
Uber will restart its operations soon.
A few indicative national court rulings deal with employment status of the
platform drivers in the personal transport sector. UK judges have thus far
consistently148 qualified Uber drivers as workers149 (in the UK meaning of the term) in
spite of the platform classifying them as self-employed. In France, the Court of Appeal in
Paris150 also ruled in January 2019 that even if Uber’s platform worker was registered as
self-employed, it appears from the facts that there is a link of subordination with the
platform. The Court considered that the platform worker is not free to choose his clients
and to organise his activity, which is under the full control of the platform, and also that
the platform has the power to impose penalties and to terminate the contract.
Whereas UK and French judges often consider platform drivers not to be self-employed,
Belgian judges seem to hold a different opinion. In the recent case concerning the
classification of UberX as a taxi service or as a ‘car rental with driver’ in late January
2019, the Brussels court was also asked about the employment status of the ride-
sharing drivers.151 The court concluded that there was no relationship of subordination
between UberX and the drivers, as the latter can chose freely where and when they
work, how long they work and which rides they accept or refuse. The judge furthermore
argued that the drivers always have their own car (even if leased) and that the drivers
are free to work elsewhere whenever they prefer. Thus, this latest Belgian judgment
considers UberX drivers to be self-employed.
145
The LVC licence or licence for the rental of a car with driver.
146 Orb., 16 januari 2019, AR A/18/02920, see https://www.socialweb.be/Socialweb/NL/
publichome/html/free/articles/3063152
147 Interesting in this regard: one of the arguments put forward to become considered as the special type of
personal transport services with a driver and for longer than three hours’ rides was the fact that the platform works with accounts and not with individual drivers. In the app, subsequent rides are all added up on the account until the minimum three hours and/or the minimum distance has been reached.
148 The ruling of the Employment Tribunal in June 2016 on a particular case where two drivers took their case
against Uber to court was confirmed by the Employment Appeals Tribunal in November 2017 and Court of Appeal in December 2018. It is likely that the case will now be brought before the Supreme Court.
149 A third category of employment status between employee and self-employed, with intermediate protection
levels.
150 Court of Appeal Paris, Pole 6, chambre 2, 10 January 2019, case RG 18/08357, see
https://www.doctrine.fr/d/CA/Paris/2017/C27AD99FFA3292FB31B1D
151 A/18/02920, Tribunal de l’enterprise francophone de Bruxelles
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The discretionary power of national judges in determining employment status
As pointed out, national labour and social protection legislation usually applies the
mutually exclusive concepts of employees and self-employed, sometimes complemented
by a third or intermediate category. The employment status determines different
protection levels concerning working conditions and social protection. National legislation
in Member States defines the status of employee or employment contract in varying
ways and uses criteria such as the subordination dimension. National courts are
ultimately called upon to determine whether there is subordination or not for particular
cases, which may lead to a reclassification when a platform worker has been wrongly
classified as self-employed.
Beyond Uber and similar platforms, the determination of the employment status of food
delivery platform workers has also been subject to plenty of court cases in a number of
countries. In late 2018, the Cour de Cassation of France (the highest judicial power in
the country) confirmed that even if a worker of Take Eat Easy, a platform organising
food delivery services and riders, is classified as self-employed by the platform, they are
still an employee due to factual evidence of subordination.152 The Court considered in
this specific case that the link of subordination is established by two factual elements:
the right for the platform to impose penalties and the existence of a geotracking system.
In Italy there have been similar court cases concerned with the employment status of
food delivery riders in recent years. In May 2018, the Employment Tribunal of Turin
rejected a claim from six riders of the platform Foodora to be reclassified as
employees.153 The six riders were hired by the Italian branch of Foodora under a
‘coordinated and continuous collaboration’ contract (which in Italy is a subcategory of
self-employment). The contract expired at the end of November 2016 and was not
renewed by the platform. The group of workers filed an employment claim demanding:
(i) wage differentials according to either the national collective agreement for logistics or
that of the service sector; (ii) job reinstatement after unlawful termination; (iii)
compensation for the harm suffered as a result of the infringement of privacy; and (iv)
actions for damages for breach of safety and health regulations. They also alleged they
were dismissed as a form of retaliation against their decision to lead or take part in a
collective demonstration against the shift in the payment system from an hourly based
to per-delivery model, which had been announced in October 2016.
The Tribunal stated that the workers concerned were free to decide when to work by
accepting or refusing a particular call, and even to disregard previously agreed shifts. In
the judge’s opinion, this constitutes ‘in itself, a decisive factor when it comes to
excluding the workers’ subjection to the managerial and organisational power of the
employer, as it is evident that, if [the platform] cannot request work, then it cannot
exercise its commanding power’. The examination performed by the judge was limited to
a merely formalistic analysis: ‘there was no obligation on the side of the workers to offer
their services and no obligation for the company to provide further work’. The judge
considered the existence of managerial and disciplinary prerogatives, ‘once workers are
in a shift, after communicating their availability’, but concluded they were not to be
reclassified as employees, in spite of the allocation of shifts, the specification of
locations, the repeated follow-up phone calls, the remote monitoring, and the internal
ranking of the best performers.154
In its recent judgement in February 2019, the Appeal Tribunal in Turin155 did not uphold
the earlier judgment. The court stated that the workers' personal performance was
organised by the platform in accordance with the prevailing labour legislation extending
152
Cour de cassation 28 Nov. 2018, case 17-20.079. See also the explanatory note related to this judgment.
153 Tribunal of Turin no. 778/2018 of 7 May 2018
154 Ibid.
155 Employment Appeal Tribunal of Turin, 4 February 2019
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labour protection to collaborators who are not genuinely autonomous.156 The workers
were further subject to organisation by the platform, even if only in terms of working
time and place. On this basis, the court ruled that the former Foodora riders had to be
paid in accordance with the national collective bargaining agreement for the logistics and
freight transport sector, but that they could not rely on the provisions related to unfair
dismissal. In short, workers of the digital platform are technically considered as a
subcategory of self-employed, but because of the extension of the personal scope of
labour legislation, they can still rely on some labour law protection, provided that they
are a subject to coordination and organisation by the platform.
The Milan Tribunal ruled in September 2018157 in a similar way to the Turin Tribunal,
stating that the claimant was not obliged to observe a fixed work schedule imposed by
the platform, so he was not permanently included in the business organisation. In
addition, the claimant used his own vehicle for deliveries and did not receive a fixed and
predetermined monthly payment, but a variable amount, depending on the quantity and
type of deliveries made month by month and therefore based not on the time worked,
but on the results achieved. Considering these elements of fact, the judge considered
that no symptomatic signs of sufficient and unambiguous subordination were found.
Contradictory rulings have also occurred regarding the employment status of
food delivery couriers in the Netherlands and Spain. Whereas the Court of Amsterdam
ruled mid 2018158 that a delivery rider of Deliveroo was not an employee, the same
Court concluded differently in a 2019 case.159 The latter case was brought forward by
trade unions and considered the relationship between the food delivery riders and
Deliveroo as an employment relationship. Thus, the collective bargaining agreement for
professional goods transport by road had to be applied retroactively.
In 2018 and 2019, seven cases were brought before Spanish courts concerning the
determination of the employment status of food delivery riders using the platforms
Deliveroo, Take Eat Easy and Glovo. In four instances160 the court classified the riders of
Glovo, Deliveroo, and Take Eat Easy as employees, whereas in three others,161 the
courts concluded that there was no employment relationship for the Glovo riders, and
that they had to be considered self-employed.
The reasoning varied despite similar factual circumstances. Each of the four cases that
determined the rider is an employee found that a subordinate relationship existed
between the platform worker and platform. This was based on control through the
application used, location systems, possibility of dismissals, concept of ‘workdays’ and
planning annual leave, and using equipment given by the company. The Madrid court
decided in January 2019162 that a Glovo rider is not an employee but an economically
dependent self-employed person.163 The judge reached this assessment because the
rider is not obliged to perform a minimum number of hours work per week, is free to
accept the service, has full control over the way they want to provide the service,
156
Art. 2 of legislative decree 81/2015 (Jobs Act)
157 Tribunal of Milan no. 1853/2018 of 10 September
158 ECLI:NL:RBAMS:2018:5183 Rechtbank Amsterdam, 23-07-2018, 6622665 CV EXPL 18-2673
159 ECLI:NL:RBAMS:2019:210 Rechtbank Amsterdam, 15-01-2019, 7044576 CV EXPL 18-14762
160 Judgment of Labour Court number 1 Gijón (Juzgado de lo Social) (20.02.2019), Judgment of Labour Court
number 33 Madrid (Juzgado de lo Social núm. 33 de Madrid) (11.02.2019), Judgment of Labour Court number 6 Valencia (Juzgado de lo Social núm. 6 de Valencia) (1.06.2018), Judgment of Labour Court number 11 Barcelona (Juzgado de lo Social núm.11 de Barcelona) (29.05.2018)
161 Judgment of Labour Court number 4 Oviedo (Juzgado de lo Social núm. 4 de Oviedo) (24.02.2019),
Judgment of Labour Court number 17 Madrid (Juzgado de lo Social núm. 17 de Madrid) (11.01.2019), Judgment of Labour Court number 39 Madrid (Juzgado de lo Social núm. 39 de Madrid) (3.09.2018)
162 Judgment of Labour Court number 17 Madrid (Juzgado de lo Social núm. 17 de Madrid) (11.01.2019)
163 Trabajadores autonomos economicamente dependientes
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assumes the risk, and is the owner of the vehicle. Another case tried before the Oviedo
court in February 2019164 also considered a Glovo rider as economically dependent self-
employed, stating, among other arguments, that the rider was completely free to
collaborate with other platforms.
A number of cases concerning platform workers’ employment status remain
pending. In the UK, for example, cases related to the collective bargaining rights of
food delivery riders at Deliveroo went to the Central Arbitration Committee in November
2017, and subsequently to the High Court in December 2018. Both confirmed the riders
were self-employed and therefore did not qualify for collective bargaining rights. The
riders’ union has appealed the decision to the Court of Appeal (Webber, 2018). In
Sweden, a recent 2019 case pending before the Administrative Court of Appeal concerns
the local umbrella organisations of platform workers and the extent to which they, as
employers, are liable for administrative sanctions in instances of breach of health and
safety legislation when working at the premises of customers.
Intermediate conclusions on national case law
In countries where large platforms have emerged and operated, numerous court cases
and rulings have occurred in recent years. Many court cases concern competition law
issues165 in the personal transport sector, which is also subject to the highest volume of
legislative initiatives. Most court cases concerned with the personal transport services
considered whether the service provided by Uber amounts to taxi services, or something
else with lower standards and requirements.
Many cases have also ruled on the employment status of platform workers, particularly
for food delivery couriers. On employment status, many courts examined similar
evidence and reached different conclusions. This demonstrates that the
employment status of platform workers differs significantly across business sectors in
the countries concerned, but also between similar business sectors across the EU.
Platform workers active in similar business sectors are employees in some countries and
self-employed in others, even if they provide identical services for the same platform.
Because of the contradictory rulings and the fact that some platforms offer different
‘types of contracts’, platform workers can even be classified in different ways when
working in the same country on the same platform. To some extent contradictory rulings
reflect differing arguments raised in court, but also the discretionary power of
labour judges, who have different judicial philosophies and differently assess
facts on a case-by-case basis. Still, in most instances court rulings are still subject to
further appeal before the highest courts, which may reverse the rulings concerned.
Consequently, the final determination of the employment status of a platform
worker remains uncertain at present. This is mainly because national courts rely on
the facts of particular cases as the basis for their interpretation and consider and
differently emphasise multiple criteria, for example the autonomy of the platform
worker, who bears costs associated with work, or economic or technical dependence.
Administrators and inspectorates 5.3.3
Administrators and inspectorates are essential to the enforcement of social and labour
legislation. The European Parliament has urged Member States to fully implement and
enforce relevant legislation on platform work, including by investing in labour inspections
(EU-OSHA, 2017).
However, there are notable legal and practical difficulties with this approach. For
example, some platform work can take place online in any location. This would require
competent authorities to perform OSH inspections in the platform worker’s home, which
164
Judgment of Labour Court number 4 Oviedo (Juzgado de lo Social núm. 4 de Oviedo) (24.02.2019)
165 These were not necessarily covered as this study is focused on working conditions and social protection,
rather than competition between platforms and other industries.
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is frequently the place of work. In a number of countries, labour inspectorates do not
inspect workers’ homes, even if the worker is an employee. For example, the Swedish
labour inspectorate does not inspect employees’ homes in cases of teleworking, though
the employer has the same responsibilities as if the work were conducted at a ‘normal’
workplace. The Danish Working Environment Authority and Finnish labour inspection
authority can inspect teleworking activities in homes, but do so very rarely (EU-OSHA,
2017).
Nevertheless, there have been targeted responses to platform worker challenges from
government administrators and inspectorates. Most inspections have been limited to on-
location platform work taking place in public spaces, notably food delivery services and
taxi-like services. Belgium, Denmark, France, the UK and Sweden have been particularly
active in this regard.
In some cases, inspectorates and administrators have assessed platforms for potential
labour law violations and decided whether platform work can contribute to social
benefits. Interestingly, administrative and inspectorate bodies can sometimes stand in to
make decisions on whether platform workers are employees, whereas in most countries,
employment status is determined through case law. This occurred in Denmark with a
decision of the Skatterådet [Danish Tax Council], which held that craftsmen offering
their services through a ‘craftsmen platform’ are to be regarded as self-employed, not
employees of the platform (Skatterådet, 2018). Also in Denmark, the Center for Klager
om Arbejdsløshedsforsikring [Centre for Complaints on Unemployment Insurance]
offered guidance that drivers offering illegal transportation services through Uber cannot
use these working hours to access unemployment benefits (Center for Klager om
Arbejdsløshedsforsikring i Styrelsen for Arbejdsmarked og Rekruttering, 2016). Lastly,
the Danish Tax Council created a pilot project testing automatic reporting to Danish tax
authorities (SKAT) from five platforms. A respective announcement notes concern that
platforms are not obliged to report user revenues to SKAT, and therefore it is crucial that
such data become available (Skatteforvaltningen, 2018).
In Spain, labour inspectorates
challenged the legality of a
‘temporary work agency’ (Factoo)
and ‘cooperative’ for self-employed
workers (EsLife) (Gutiérrez, 2017;
Moreira, 2015). Factoo offered
certain billing services to many types
of self-employed, including platform
workers. However, it was found to be
helping members avoid social
security contribution obligations, and
thus forced to close. EsLife promoted
itself as a cooperative, but
essentially functioned as a platform
intermediating cleaning tasks
(similarly to platforms like Helpling).
EsLife was also forced to close after
labour inspectors could not verify
that cleaners using the platform
were paying social security
contributions.
A few instances demonstrate
administrative decisions on the safe
working conditions of delivery riders.
For example, the Arbetsmiljöverket [Swedish Work Environment Authority] determined
that delivery riders were entitled to winter tyres as a safety measure. Initially Foodora
refused, arguing that the couriers were acting in a private capacity and using their own
Box 8: Denmark's collective agreements for
platform work
In 2018, the Danish platform Hilfr, which intermediates cleaning services, concluded a collective agreement with the trade union 3f. It is often considered the first collective agreement for
platform workers.
The collective agreement is very broad, covering minimum wage, pension contribution, holiday and sick pay, and a ‘welfare supplement’ (velfærdstillæg).
Hilfr considered the collective agreement important in an effort to be socially responsible, as well as to distinguish themselves from other platforms.
Later in the year, the interpretation platform Voocali concluded a collective agreement with its freelancers, who can work on-location or remotely via videoconferencing software.
The agreement was concluded between The Union of Commercial and Clerical Employees, HK Privat and
Voocali. It particularly covers fees, account
suspension, pension, payment, ratings, and transparency of platform decision-making.
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bicycles. At first, Foodora agreed to cover an amount of SEK 450 (approximately EUR
41.68), which would cover around half the cost of winter tyres. The Swedish Work
Environment Authority was dissatisfied with this response and threatened Foodora with a
fine, after which Foodora agreed that platform workers active a certain number of hours
per week would have winter tyres fitted at no expense to the rider (Transport Arbetaren,
2019).
In France, inspectorates and audit services for social ministries have been especially
active on multiple issues concerning platform workers, and their responses were not
limited to platform work delivered on-location. For example, in May 2016 the Inspection
générale des affaires sociales (IGAS) [General inspectorate of social affairs] released 36
recommendations on collaborative platforms, labour and social protection. These are
divided into seven sections: 1) regulation and organisation of new forms of activity; 2)
knowledge and information; 3) legal security of platforms, contributors and new
practices; 4) developing platform wage and securing [career] paths; 5) rebalance the
bargaining power of collaborative workers and limit economic dependence; 6) smooth
and modernise the paths to social protection; and 7) improve and intensify
[inspectorate] control (Amar and Viossat, 2016). These IGAS recommendations are
broad and ambitious, and may be considered precursors to other French responses, such
as dedicated platform law.
5.4 Bottom-up tools and responses
This section discusses responses from platforms, platform workers, and social partners.
In many instances, two or three of these groups were active in a single response.
Bottom-up tools and responses may be considered ‘softer’ than top-down, though
collective agreements can be thoroughly embedded in formal national regulatory
frameworks.
Collective agreements 5.4.1
Existing literature finds very few collective agreements in the platform economy
(Kilhoffer et al., 2017). In part, this is because the personal scope of collective
agreements is typically limited to employees. From a competition law perspective, self-
employed are considered ‘undertakings’. In principle, anti-cartel provisions prohibit
undertakings from collective action and price setting, as this would violate EU anti-cartel
regulation, prohibitions on price setting, and distort free competition.166
In practice, however, many self-employed platform workers work in economic
dependency and/or under some sort of authority exercised by the platform. For this
reason, collective agreements may be an appropriate measure to ensure adequate
working conditions, social protection, and so on. (De Stefano and Aloisi, 2018).
Kilhoffer et al. (2017) found that when collective bargaining occurs in the platform
economy, it usually takes place at firm level. Newer research highlights that in some
situations, sector-level agreements can apply to platforms and platform workers
(Lenaerts et al., 2018), who may not have taken part in the bargaining process. Even
so, sectoral agreements can be considered well-suited for the platform economy, given
characteristics such as the geographical dispersion of workers, the high turnover among
workers and the tendency of workers to be simultaneously active on multiple platforms,
as well as the rapidly changing market with many start-ups and continuously changing
business models (Johnston and Land-Kazlauskas, 2018).
Both sectoral and platform-specific collective agreements were found in literature and
the national surveys for the study.
166
See TFEU Article 101, https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E
101:EN:HTML
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A few countries have taken measures to ensure that certain self-employed can
participate in collective agreements. As noted, Irish167 and French168 legislation allows
collective bargaining for some self-employed workers, including certain platform
workers. Other countries seem to be moving in the same direction. For example, in
2017, the Norwegian sharing-economy committee stated that ‘service providers in the
sharing economy who do not set selling prices directly and have to comply with prices
set by the platform that is used, should have the opportunity to negotiate collective
agreements with platform operators even if these cannot be deemed to be employers’
(Johnston and Land-Kazlauskas, 2018). The Norwegian expert consulted for this study
suggests that this could be a way to address the power asymmetry between platforms
and their workers.
Additionally, eight formal collective agreements for platform workers were identified
from the national surveys. They have been conducted directly between platform workers
and platforms, and also with the intervention or assistance of trade unions, or facilitation
of national governments (e.g. Denmark). However, more seem to be pending or under
discussion (e.g. Austria and Norway169).
Overall, collective agreements were mostly found for on-location platform workers, and
specifically for food delivery couriers. Five of the eight collective agreements highlighted
by national experts’ surveys concern food delivery or couriers, either applying to a sector
or specific platform. These findings confirm theory found in the literature: on-location
platform workers are more organised because they have fewer barriers to organisation,
and may have clearer shared grievances compelling them to collective action (Kilhoffer
et al., 2017). As previously discussed, on-location lower-skilled platform work also has
unique OSH challenges, which can spur workers and trade unions into action.
Sectoral collective agreements apply to all workers active in a given sector (e.g.
logistics, transportation). Sectoral collective agreements can apply to platform workers,
depending on factors including whether only employees are subject to collective
bargaining. At times these agreements have been struck with platform workers in mind
or represented. For Italy, it seems clear that platform workers were taken into account
for the negotiations of the collective agreement,170 as the relevant national collective
bargaining agreement lifted the ban on ‘on-call work’ within the sector, including workers
delivering goods with bikes or motorbikes.
In other cases, sectoral agreements apply to platform workers, though they were
concluded with little or no explicit attention paid to platform workers. For example,
cleaning platforms such as BOOK A TIGER and Helpling, and their platform workers, are
subject to sectoral agreements in Germany negotiated by IG BAU (De Groen et al.,
2018a). While platforms offering cleaning services must abide by the agreements, no
evidence suggests the platforms take part in negotiations. In other instances, courts
have ruled that existing collective agreements apply to platform workers. In 2019, the
Dutch trade union FNV sued Deliveroo, arguing the platform falls within the scope of the
collective bargaining agreement for professional goods transport by road.171 The court
confirmed that Deliveroo is obliged to respect the collective bargaining agreement,
although Deliveroo riders in the Netherlands are self-employed.
167
Competition (Amendment) Act 2017 (Act 12 of 2017) Part 2B
168 Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
169 In Norway, Foodora riders organised by the Norwegian Transport Union are currently negotiating a
collective agreement demanding, among others, hourly rate, equipment reimbursement and increased working time. This information comes from interviews conducted by a Norwegian expert during fieldwork.
170 See Confederazione Generale Italiana dei Trasporti e della Logistica (2017)
171 ECLI:NL:RBAMS:2019:210, https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2019:
210
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Platform-specific collective agreements apply to workers in a given platform. Two
platform-specific collective agreements took place in Denmark. One agreement covers
Hilfr, which intermediates cleaning services (UNI Europa, 2018). The second covers an
interpretation platform called Voocali, where intermediation can take place on-location or
via digital means (e.g. teleconference) (Fagbevægelsens Hovedorganisation, 2018;
Voocalicom and HK Privat, 2018). In Sweden, one collective agreement applies to the
umbrella companies’ sector. Another collective agreement was struck between the Bzzt
platform (offering personal transport) and the Swedish Transport Workers Union. By this
agreement, platform workers on Bzzt are subject to the transportation sector’s collective
agreement and thus work under the same terms and conditions as other taxi drivers
covered by this contract (Jesnes et al., 2019).
However, collective agreements for platform workers are not exclusive to the Nordic
countries. In Spain, the non-profit association Asoriders, supported by the trade union
UGT, concluded a collective agreement with Deliveroo setting minimum rates of pay,
daily/weekly rest periods, holiday and annual leave, and so on. (Asoriders, 2018). In
2018 in Italy the municipality of Bologna promoted a Charter of Fundamental Rights for
Platform Work, which was signed by trade unions, delivery riders’ autonomous
representatives and some platforms operating in the city of Bologna. This forms a
binding statement of principles on platform work that signatories must abide by
(Comune di Bologna, 2018).
Platform worker organisation 5.4.2
Limited bargaining power in platform workers’ organisation is a frequent point that
appears in the literature and came up in several focus groups. In many national
contexts, if self-employed platform workers were to agree to a minimum wage, this may
be in violation of competition law forbidding cartels. Because platform workers may not
be able to organise and bargain in the same manner as employees, they form smaller or
less formal collective structures more often.
Platform worker organisations have sprung up, usually through a mixture of self-
organisation and organisational assistance from social partners or platforms.
Platform workers have developed forms of peer learning via off-platform channels, for
example by congregating on social networking sites or mailing lists to exchange advice
(Lehdonvirta et al., forthcoming). Additionally, self-organisational efforts result in
spontaneous actions. Strikes, protests, flash mobs or sit-ins have occurred in over a
dozen surveyed countries. Among the more common grievances are remuneration and
lack of voice. In some cases, platform workers sought to change many facets of their
work at once (e.g. working conditions, employment status, organisational rights), while
still other actions protested other specific issues, such as rating or evaluation systems
perceived as unfair. Platform workers delivering food via bicycle or motorbike often
demonstrated against unsafe working conditions and demanded that platforms provide
additional safety equipment or weather-appropriate gear, for example. One series of
protests in Dublin, Ireland highlighted widespread harassment and violent attacks by
street gangs, perceived to be targeting platform workers of Brazilian origin (Hilliard,
2019).
In some cases, platform workers have organised into cooperatives or collectives
(Vandaele, 2017). In other cases, cooperatives themselves act as platforms, aiming to
offer similar benefits as for-profit platforms (effective intermediation of supply and
demand for services) while being democratically run by the platform workers
themselves. In other cases, collectives or cooperatives bring together platform workers
for advocacy. For example, the Koeriers Kollektief [Courier’s Collective] in Belgium was
founded when Deliveroo purchased another food delivery platform, Take Eat Easy, in
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July 2016. The cooperative’s Facebook page organises and disseminates information on
courier demonstrations around Europe.172
Another interesting example often discussed in the literature is the cooperative SMart.
Originally providing services for French artists, SMart expanded to Belgium173 and
entered into negotiations with Deliveroo. By May 2016, Deliveroo platform workers could
opt for self-employment, or sign an employment contract with SMart. SMart employees,
working via the Deliveroo app, paid SMart 6.5% of their income and received safety
training, accident insurance, liability insurance, reimbursement for biking gear and
cellular usage, a minimum shift duration, and additional benefits (Lenaerts and Kilhoffer,
2017). However, this arrangement ultimately ceased when Deliveroo changed its
remuneration system and work allocation algorithms. The transition began in October
2017 and concluded in January 2018, affecting nearly 4 000 Deliveroo couriers
registered with SMart. Deliveroo claimed they would explore options to provide workers
with access to insurance, and the changes would increase workers’ pay and flexibility.
SMart has criticised Deliveroo for cutting costs at the expense of workers’ well-being,
and blamed the Belgian government for succumbing to lobbying from platforms (De
Standaard, 2017).
In Austria, platform workers for Foodora have formed a works council with the support of
the trade union Vida, which was formed from the merger of three transport and service
unions in 2006 (De Groen et al., 2018b). Under Austrian law, only employees can take
part in a works council. For this reason, only the minority of Austrian Foodora riders with
an employment contract can formally take part in the works council. The works council
negotiates with Foodora over certain benefits such as bike repair, as well as wages.
To illustrate trade union involvement, German trade unions including the NGG and FAU
have helped Deliveroo couriers establish works councils, and pushed forward dialogue
between platform workers and platforms (FAU, 2016; Knieps, 2018).
Platforms are also involved in organising workers, as in the UK, where Uber set up
driver panels under the UberENGAGE scheme (Onita, 2018; Uber, 2019). This is
overseen by an independent review board of senior figures from outside Uber. However,
few additional details are available as of summer 2019. In the Netherlands, Deliveroo set
up a rider forum: a body formed of platform workers that participates in decision-making
(Deliveroo, 2019).
While most platform worker organisation concerns on-location platforms, a particularly
innovative development addressing online platform work comes from IG Metall,
the largest industrial trade union in Europe, which launched a project in early 2016 to
organise online platform workers. This helped lead to Fair Crowd Work, which is a type
of watchdog organisation run in collaboration with Austrian and Swedish trade unions.
Fair Crowd Work collects information about platforms and produces a rating system
based on the platforms’ terms and conditions and worker reviews. Additionally, Fair
Crowd Work informs platform workers about their legal rights in accessible language,
and lists trade unions they can join. In December 2016, IG Metall joined other trade
unions from the US and Europe to assist Munich-based platform Testbirds in drafting the
Frankfurt Declaration (Fair Crowd Work, 2016). The Frankfurt Declaration states a
number of prerequisites for fair platform work, such as minimum income, the ability to
achieve self-sufficiency with 35-40 hours of work per week, an affordable means to
healthcare, and rights to organise and take part in collective agreements. (Fair Crowd
Work, 2017).
172
See https://www.facebook.com/collectif.coursiers
173 According to interviewees, SMart is also planning to expand services to other EU countries such as Hungary.
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Platform actions 5.4.3
The identified actions mostly consist of efforts of on-location lower-skilled platforms
(such as Uber, Deliveroo, and Foodora), apparently to address criticisms of their
practices and challenges faced by platform workers.
In several cases, platforms have joined employers’ unions or banded together
with other platforms for information sharing, mutual representation or lobbying. Such
establishments have occurred in Czechia with the Česká asociace sdílené ekonomiky
[Czech Sharing Economy Association] (ČASE), Ireland with ‘Sharing Economy Ireland’,
Italy with Gig-Imprese [Gig-Companies], and others. In Austria and Slovakia, Uber has
joined the national employers association (De Groen et al., 2018b; Akguc et al., 2018)
as required by national law. This represents a more formal induction of platforms into
traditional industrial relations structures. However, it should be noted that Uber’s role as
employer is for technological and administrative positions in these countries – not as
employer of the platform workers who drive the cars.
A number of responses may be considered self-regulation efforts. One common
theme is addressing the lack of social protection that platform workers experience. In
the UK, for example, both Uber and Deliveroo took action to set up insurance schemes
for platform workers. Uber partners with AXA to cover platform workers’ maternity
leave, sick leave, and other benefits.174 However, in practice, the rights and entitlements
of Uber workers vary greatly between countries. Deliveroo’s initiative aimed to provide
platform workers with accident insurance, which seems to address the frequent
criticisms of platform worker safety.
In some interesting examples, on-location platforms have changed how they
operate in response to potential legal challenges on the employment status of its
platform workers. For example, one cleaning platform in the Netherlands initially fixed its
workers’ hourly cleaning prices. After the platform became aware of a potential legal
challenge, it changed its model to allow platform workers to set their own hourly
prices.175 Similarly, several food delivery platforms initially distributed branded shirts and
jackets for workers to wear on the job. Upon learning that wearing a uniform would be
viewed as evidence of an employment relationship in court, most platforms adapted to
requiring platform workers to wear their own clothing.176 These changes highlight the
tension between platforms’ desire to offer a consistent service and maintain a brand
image, without the tools of a traditional employer.
Other platforms have changed how they intermediate services in response to
feedback from platform workers and clients. For example, a popular ‘handyman’ or
home improvement platform in Germany significantly changed its structure over time.
Initially the platform developed a bad reputation and was known as a ‘junk platform’,
where few qualified workers were active, clients posted their suggested (and unrealistic)
prices, and workers competed on price in a race to the bottom. The platform changed its
intermediation so that clients posted tasks and platform workers bid at their own chosen
price. These changes have brought more qualified workers back to the platform, but the
platform still suffers somewhat from a poor reputation among German professionals (De
Groen and Kilhoffer, 2019).
Two ‘handyman’ or home improvement platforms in France, Frizbiz and Heetch, offer
ongoing training for platform workers. These platforms cooperate with a large home
improvement and gardening retailer, Leroy Merlin. In doing so, the platforms are able to
provide training opportunities online and on-location to their platform workers (WEC-
174
See https://www.uber.com/be/en/drive/insurance/, though it is not immediately clear which parties are
responsible for paying for the insurance.
175 From focus group discussion.
176 From expert interviews.
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Europe and UNI Europa, 2018). This represents a very rare case where platforms offer
training for career development, rather than no or simply on-the-job safety training.
Uber has begun to cover tuition for online higher education programmes for drivers who
have completed 3 000 trips and achieved other milestones.177
Eight platforms in Germany, Sweden and Austria, with the assistance of social partners,
have started a particularly interesting self-regulation effort collectively known as the
German Crowdsourcing Association. This voluntarily abides by the Crowdsourcing
Code of Conduct. If platform workers feel their platforms have violated their pledge,
they can bring their dispute to an ombudsman office, which is composed of platform
representatives, platform worker representatives, and a labour judge serving as neutral
arbiter. In many cases, the Ombuds Office has handled disputes related to non-payment
for services rendered. The Ombuds Office has solved most of its disputes by consensus
(IG Metall, 2019).
In several focus groups, platform representatives suggested they would be interested in
providing more benefits to platform workers, for example insurance or training options.
Platforms consider good work benefits important to attract and retain platform workers,
particularly in sectors where several platforms compete. However, providing benefits
to platform workers often entails legal risk. In a number of countries, providing
social protection and other services to platform workers could be held as indicative of an
employment relationship in court cases assessing bogus self-employment claims. For
this reason, platforms’ representatives have argued that they should provide fewer
benefits to platform workers for fear of reclassification as employers.
In a few cases, platforms have responded to worker demands and organisation
with deference, or perhaps even punitive action. In Austria, the formation of a
works council seemed to coincide with one food delivery platform removing certain
workers’ privileges, such as a meeting place to relax and repair bikes (De Groen et al.,
2018b). The platform disputes this characterisation, saying it stopped renting a space for
workers as part of general cost-saving measures.
Lastly, platforms have responded to court challenges and legislation by simply
leaving a market. This is best exemplified by Uber ceasing its operations entirely in
given countries or localities (e.g. Catalonia). Uber has also stopped offering UberPop
services in most of Europe. Unlike UberBlack and UberX, UberPop allows people without
professional licences to work. While popular in the United States, UberPop has faced
many more legal challenges in Europe. By selectively offering its services, Uber has been
able to stay active in more countries in spite of restrictions.
5.5 Other tools and responses
By and large, the ‘other’ tools and responses amount to information gathering and
sharing by various stakeholders. For example, several countries established committees
or panels on platform work. Governments (Norway, Czechia, Germany, etc.) and social
partners commissioned research or organised conferences on the platform economy as
well.178
Governments have also taken action to address broader concerns, but in some cases
explicitly included platform work. For example, Luxembourg’s Third Industrial Revolution
Strategy deals broadly with changes in the ‘world of work’ in the digital age, which
includes the possibility of new platform work regulation (Ministère de l’Économie et al.,
2016). Similarly, Denmark set up the Disruption Council, which addressed the future of
work, including platform work, especially in relation to undeclared work (Danish
Ministry of Employment, 2019). The Estonian Parliament established the Foresight
177
See https://www.uber.com/us/en/drive/uber-pro/education/
178 These findings largely derive from the national expert surveys, which themselves come from a variety of
sources including informal interviews with stakeholders.
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Centre to analyse trends in the future of work, including platform work (Estonian
Parliament, 2019). Similarly, the German government has published the Weißbuch
[White book] and other policy papers on the future of work, which includes substantial
discussion on the platform economy (Bundesministerium für Arbeit und Soziales, 2016).
In some cases, tools may address challenges for platform workers in a roundabout way.
For example, in Austria employees are entitled to a Dienstzettel [written statement] in
lieu of an employment contract, which may help address ambiguous or intransparent
terms and conditions.179 The written notice must contain the most important contents of
the contact and may not contain any substantial disadvantage to the worker. However,
the written notice is merely informative and not legally binding, and only applies to
employees (and thus a small minority of Austrian platform workers) (De Groen et al.,
2018b).
Most platform workers are largely responsible for their own health and safety on the job,
but in some cases existing tools can apply. In Germany, many platform workers on
‘handyman’ platforms are self-employed. Both professionals (members of a trade
association) and amateurs offer services such as painting, metalwork, and roofing.
However, the professionals must abide by OSH regulations mandated by their respective
trade association (De Groen and Kilhoffer, 2019).
Lastly, a few experts noted that their countries (e.g. Austria and Belgium) have had
ongoing media debates about platform work. These do not necessarily correspond
to specific responses or challenges but reflect media and public attention paid to
platform work developments. Media debates on platform work tend to flare up when
significant court cases are decided, or public demonstrations occur.
179
This is a transposition of the Written Statement Directive: Council Directive 91/533/EEC of 14 October 1991
on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship.
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6. INSTRUMENTS AND ACTIONS AT EU LEVEL
The analysis presented in previous sections is based on extensive literature review,
responses to questionnaires distributed to national experts taking part in the study, and
feedback received from the focus groups and validation workshop.
Sections 4 and 5 deal with the national socio-economic contexts and legal frameworks.
Section 4 maps the challenges platform work and platform workers are confronted with
across the EU, Norway and Iceland, with a focus on working conditions and social
protection, and Section 5 focuses on the responses that have been or are being
formulated in the Member States to tackle the specific challenges related to platform
work.
This section concerns the EU level and in particular existing EU legislation and CJEU
case law which is affecting the working conditions and social protection of platform
workers.
In consultation with the European Commission, a list of EU legal instruments was
selected for the analysis. The main aim was to verify whether these instruments provide
adequate responses at EU level for the challenges resulting from the platform work
practices as presented in Section 4. The legislation concerned was most often adopted at
times when platform work did not yet pose a challenge and when it was not specifically
incorporated into its ambit.180 The analysis examines whether this EU legislation
nevertheless has direct relevance for the working conditions and social protection of
platform workers, and whether the protection provided is sufficient and/or adequate.
Working conditions and social protection are policy fields that are part of the shared
competences between the EU and the Member States. EU action and hence EU legislative
action is bound by the existence of a clear legal basis in the Treaties and governed by
the principles of subsidiarity and proportionality. In many aspects of employment and
social protection the EU has used its legislative competence by means of directives. For
the purposes of this study, these directives could be seen as responses at EU level in
areas of employment and social protection that are complementary to the responses
provided by Member States as presented in Section 5.
Some preliminary remarks are to be highlighted in this regard. A list of EU labour and
social protection legislation containing 21 individual legal instruments was established as
the basis of the analysis, thereby excluding some other EU legal instruments in
the labour and social policy field.181,182 The analysis does not elaborate on other
EU legislation that may have relevance for platform work.183 However, due to their
importance and relevance for the matters analysed for this study, the new P2B
180
Two of the selected pieces of legislation have recently been adopted and entered into force on 1 August
2019: Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L186/105 11.07.2019); Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The Directive on Transparent and Predictable working conditions explicitly refers to platform work in its introductory part.
181 This is particularly the case as regards the Occupational Health and Safety acquis, which has only been
analysed in this study to a limited extent. Examples are: Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers (OJ L 183, 29.6.1989, p. 1–8); Directive 2009/104/EC concerning the minimum safety and health requirements for the use of work equipment by workers at work (OJ L 260, 3.10.2009, p. 5–19).
182 Not covered, for instance, are the autonomous framework agreements concluded by the EU Social partners
such as the Framework Agreement on work-related stress of 08.10.2004 and the Framework Agreement on harassment and violence at work of 27.04.2007.
183 EU legislation and CJEU case law on free movement of workers, social security coordination or free
movement of services has relevance for the study insofar as it concerns cross-border platform work but does not form part of this Section.
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Regulation of 20 June 2019184 and the GDPR185 have also been looked at here, albeit at a
more general level.
Table 14 lists the legal instruments agreed with the Commission to form the basis of the
legal analysis presented in this section.
Table 14: List of relevant EU legislation in the area of working conditions and social
protection
The selected EU legal instruments can be thematically grouped as follows:
(1) directives concerning non-standard forms of work
(2) directives concerning health and safety at work
(3) directives concerning individual labour rights
(4) directives concerning collective labour rights
(5) directives concerning work-life balance
(6) recommendation concerning social protection
(7) directives on equal treatment.
Section 6.1 provides the main analysis of the selected EU legal instruments, while in
Section 6.2 some of the other EU-level are considered to a lesser extent.
6.1 Analysis of relevant EU legislation
EU labour and social protection legislation 6.1.1
Apart from exceptions such as the provisions concerning ‘equal pay for equal work
between men and women’, which are part of the EU Treaties,186 EU legislative action in
employment and social protection has only gradually been adopted over the years,
mainly for reasons relating to the lack of a legal basis. One of the first areas in which
legislative action was taken by the EU was the coordination of social security for mobile
workers. This was logical because the aim to remove barriers to the free movement of
workers is one of the cornerstones of the EU internal market. Other pieces of EU
legislation related to the free movement of workers quickly followed, but EU legislative
184
Regulation (EU) 2019/1150 of the European Parliament and the Council on promoting fairness and
transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57–79) 185
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.1)
186 The provisions concerning equal treatment between men and women in terms of ‘pay’ have been part of the
original texts of the first Treaties establishing the European Communities in 1957 and have since remained in the texts of the subsequent Treaties until today.
EU legislative instruments on working conditions, social protection and equal treatment
1 Directive 97/81/EC on part-time work (Framework Agreement) (OJ L 14, 20.1.1998, p. 9–14) 1 Part-time Work Directive 2 Directive 99/70/EC on fixed-term work (Framework Agreement) (OJ L 175, 10.7.1999, p. 43–48) 2 Fixed-term Work Directive 3 Directive 2008/104/EC on temporary agency work (OJ L 327, 5.12.2008, p. 9–14) 3 Temporary Agency Work Directive
4 Directive 91/383/EEC on health and safety of workers with fixed-duration employment relationship or a fixed-term relationship (OJ L 206/19 of 29.07.1991) 4 Health and safety for fixed-term work Directive 5 Directive 92/85/EEC on safety and health at work for pregnant workers (OJ L 348/1 of 28.11.1992) 5 Pregnant Workers Directive
6 Directive 91/533/EEC 'Written statement' (OJ L 288, 18.10.1991, p. 32) (repealed but still legal effect until 01.08.2022) 6 Written Statement Directive 7 Directive (EU) 2019/ 1152 on transparent and predictable working conditions in the European Union (OJ L186/105 11.07.2019) 7 Transparent and predictable working conditions Directive 8 Directive 2003/88/EC on working time (OJ L 299, 18.11.2003, p. 9–19) 8 Working time Directive
9 Directive 2002/14/EC establishing the general framework for informing and consulting employees in the European Community (OJ L 080 , 23.03.2002, p. 29) 9 Information and consultation Directive 10 Directive 2008/94/EC on the protection of employees in the event of insolvency of the employer (OJ L 283, 28.10.2008, p. 36–42) 10 Insolvency Directive 11 Directive 98/59/EC on collective redundancies (OJ L 225, 12.8.1998 p.16-21) 11 Collective Redundancies Directive 12 Directive 2009/38/EC on the establishment of a European Works Council (OJ L 122, 16.5.2009, p. 28–44) 12 European Works Council Directive
13 Directive 2010/18/EU on parental leave (Framework Agreement) (OJ L 68, 18.3.2010, p. 13–20) ( repealed but still legal effect until 01.08.2022) 13 Parental Leave Directive 14 Directive (EU) 2019/1158 on work-life balance for parents and carers repealing DIR 2010/18/EU (OJ L 188, 12.7.2019, p. 79–93) 14 Work-life Balance Directive
15 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1–8) 15 Recommendation on access to social protection
16 Directive 2000/78/EC on equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16–22) 16 Employment Directive 17 Directive 2000/43/EC on equal treatment on grounds of race and ethnicity (OJ L 180, 19.7.2000, p. 22–26) 17 Race Directive 18 Directive 2006/54/EC on gender equality in employment (OJ L 204, 26.7.2006, p. 23–36) 18 Gender equality in employment Directive 19 Directive 2004/113/EC on gender equality in goods and services (OJ L 373, 21.12.2004, p. 37–43) 19 Gender equality in access to goods and services Directive 20 Directive 2010/41/EU on gender equality of self-employed (OJ L 180, 15.7.2010, p. 1–6) 20 Gender equality of self-employed Directive 21 Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24–25) 21 Gender equality in social security Directive
EU legislation - work-life balance:
EU legislation - social protection
EU legislation - various aspects of anti-discrimination:
Reference title usedEU legislation - non-standard work:
EU legislation - health and safety
EU legislation - individual labour rights:
EU legislation - collective labour rights:
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action in the field of employment and social protection remained rather limited or
concerned with certain cross-cutting issues, such as equal treatment between men and
women in these policy domains. With the adoption of the Single European Act in 1986,
and later the Maastricht Treaty of 1992 and especially the 1997 Amsterdam Treaty, the
competences of the EU in the policy fields concerned were gradually expanded and
legislative procedures simplified.187 This allowed for more legislative action by the EU,
although even today these are still conditioned by the subsidiarity and proportionality
principles, which are characteristic of the functioning of the EU.
All but one of the EU legal instruments under analysis are directives, which implies that
they are binding for the Member States in achieving the goals that have been set in the
directives concerned and this within a timeframe that is established therein. Member
States have some discretion in deciding how they are transposing the
provisions of the directives in their national legislative and administrative
frameworks, provided that the objectives are achieved. They usually enter into force on
the date when Member States are being notified or on the 20th day after their
publication in the Official Journal of the European Union as specified in the directives
concerned. Directives are consequently not directly applicable in the Member States in
the sense that they attribute rights to individual citizens as regulations do. The latter are
binding in all their elements, and provisions contained in regulations are directly
applicable.
The listed EU directives concern the employment area more than social
protection. This may reflect the fact that the EU has more room for manoeuvre to
initiate actions where employment matters are concerned than it does in the field of
social protection.188 The scope and objectives of the directives, however, are very
different.
The EU directives concerned with non-standard forms of work aim to ensure equal
treatment between workers under atypical forms of employment with those
who are engaged under permanent or open-ended full-time employment
contracts when working conditions are concerned. Some of the directives regulate
specific material aspects of the working conditions and initiate minimum
requirements that employers must respect. Examples include the new TPWC Directive
(repealing the Written Statement Directive), the Working Time Directive and the
different directives concerned with health and safety. The EU directives concerning
collective labour rights oblige employers not only to inform their personnel about the
economic situation and employment forecasts in the company and in cases of insolvency
or collective redundancies, they also initiate structured consultation with the employees.
The European Works Council Directive targets companies with activities in more than
one Member State and equally requires companies to inform and organise structured
consultation with the workforce, particularly on transnational issues. Finally, a set of EU
non-discrimination directives is ensuring equal treatment on different grounds of
discrimination in the employment area, but also in areas such as social security and
access to goods and services.
The few selected directives that concern social protection mainly ensure equal
treatment of persons on different grounds of discrimination in the social security field.
The Pregnant Workers Directive and the new Work-life Balance Directive (repealing the
Parental Leave Directive) are the only ones that focus on specific social protection
schemes (both are closely linked with the employment situation). Different non-standard
187
For EU employment and social policy legislative actions still special legislative procedures apply as opposed
to the standard, more simplified ordinary legislative procedure and qualified majority voting.
188 In terms of the coordination of employment and social policies of Member States, the TFEU also makes a
difference when it states that the EU shall coordinate employment policies and define guidelines thereto, whereas for social policies, the EU may take initiatives to coordinate.
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work directives also cover social protection.189 Most relevant in this regard, however, is
the Council Recommendation on access to social protection, which aims to ensure
effective access to six branches of social security for both workers (employees) and self-
employed.
Personal scope of the directives
Terms and concepts used in the directives
When determining their personal scope of application, the listed EU directives use
very different terms and concepts, for example: ‘workers’, ‘employees’, ‘self-
employed persons’, ‘working population’ or ‘self-employed workers’ (see Section 3).
The EU directives on collective labour rights typically use the term ‘employee’ or refer to
the employer when defining their personal scope of application.190
The non-discrimination directives, which concern employment, access to self-
employment and social security matters, often define their personal scope more widely
and refer to ‘all persons’ or to the ‘working population’. They sometimes explicitly
mention self-employed persons as being part of the personal scope.191 They nevertheless
have a specific objective in that they aim to ensure that individuals are treated equally
and are not being discriminated against on some specific discrimination grounds referred
to in Article 19 TFEU.192
Most of the EU labour law directives, however, use the term ‘worker’. They explicitly
state that they concern workers (or in the eventual case ‘employees’) who have ‘an
employment contract’ or ‘employment relationship’ (e.g. the TPWC Directive, the
Work-life Balance Directive, the Part-time Work Directive, the Fixed-term Work
Directive, the Written Statement Directive) or refer to a ‘worker under national
employment law’ (e.g. the Temporary Work Agency Directive, the Parental Leave
Directive). By doing so these directives refer to workers (employees) who have an
employment relationship or contract. Most recent directives, such as the TPWC
Directive and the Work-life Balance Directive, explicitly refer to the CJEU case law that
needs to be considered or taken into account while determining the personal scope of
application of the directives concerned (see infra).
The EU directives typically do not define the concepts of ‘worker’ or ‘employee’ they are
using. Most explicitly refer to national legislation, collective agreements and
practices when establishing the personal scope of application. By doing so, the EU
legislator leaves the power of interpretation of the concepts of ‘employees’ and ‘workers’
to the Member States’ legislative power, social partners’ agreements and practices. The
personal scope of the EU directives is consequently filled in by national definitions of
these concepts.
There are, however, some exceptions which do not explicitly refer to national
legislation or practices, including the Working Time Directive, the Health and safety
for fixed-term work Directive, the Pregnant Workers Directive, the Collective
Redundancies Directive and the European Works Council Directive. The concepts of
‘employees’ or ‘workers’ seem in these instances to have their own EU-wide meaning.
189
The Directives on Fixed-term Work and Part-Time Work have a broad understanding of ‘employment
conditions’, which also covers some social protection aspects. 190
The Written Statement Directive, which in fact does not contain a definition of its personal scope of
application, equally refers to ‘employees’.
191 Article 3 of Council Directive 2000/78/EC; Article 3 of Council Directive 2000/43/EC; Article 6 of Directive
2006/54/EC; Article 2 of Directive 2010/41/EU; Article 2 of Directive 79/7/EEC
192 Article 19 TFEU installs the legal basis for EU action in view of combating discrimination based on sex, racial
or ethnic origin, religion or belief, disability, age or sexual orientation and requires unanimity in the Council.
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Table 15: Personal Scope as defined in EU legislation
EU labour law and social protection law
1 Part-time Work Directive Part-time worker who has employment contract or in employment relationship as defined by national law, collective agreement or practice YES employees
2 Fixed-term Work Directive Fixed-term worker who has employment contract or in employment relationship as defined by national law, collective agreement or practice YES employees
3 Temporary Agency Work Directive Worker under national employment law YES employees
4 Health and safety for fixed-term work Directive Employment relationships governed by a fixed-duration of contract concluded by an employer and a worker AND temporary employment relationships between a temporary employment business which is the
employer and the worker, where the latter is assigned to work for and under the control of an undertaking or establishment making use of his services NO employees
5 Pregnant Workers Directive Pregant workers and workers who have recently given birth or who are breastfeading NO employees / women
6 Written Statement Directive Paid employee having a contract or an employment relationship defined by the law in force of the Member State and/or governed by the law in force in the Member State YES employees
7 Transparent and predictable working conditions Directive Every worker in the EU who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State with consideration to the case law of he
CJEU YES employees
8 Working Time Directive No definition of personal scope; implicit reference to 'worker' NO employees
9 Information and consultation Directive Employee who is protected as an employee under national employment law; also reference to employer YES employees
10 Insolvency Directive Employee - employer YES employees
11 Collective Redundancies Directive Workers who have been dismissed by an employer NO employees
12 European Works Council Directive Employees NO employees
13 Parental Leave Directive All workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State YES employees / women
and men
14 Work-life Balance Directive All workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case
law of the CJEU YES
employees / women
and men
15 Social protection Recommendation All workers and self-employed in Member States; includes a definition of worker: a natural person who for a certain period of time performs services for and under the direction of another person in return for
remuneration NO
employees and self-
employed
16 Employment Directive All persons, as regards both the public and private sectors, including public bodies' NO employees and self-
employed
17 Race Directive All persons, as regards both the public and private sectors, including public bodies' NO employees and self-
employed
18 Gender equality in employment Directive Various concepts and definitions: pay : workers; occupational social security schemes : 'member of the working population, including self-employed persons; access to employment and self-employement :
employees and self-employed; employment and working conditions: employees YES
employees and self-
employed
19 Gender equality in access to goods and services Directive All persons who provide goods and services, which are available to the public, … NO women and men
who are not
20 Gender equality for self-employment Directive Self-employed workers, namely all persons pursuing a gainful activity for their own account, under the condition ladi down by national law YES self-employed (and
spouses)
21 Gender equality in social security Directive Working population - including self-employed persons, workers and self-employed persons whose activity is interrupted by il lness, accident or involuntray unemployment and persons seeking employment - and to
retired or invalid workers and self-employed persons NO
employees and self-
employed
EU legislation - various aspects of anti-discrimination:
EU legislation - Health and safety
EU legislation - individual labour rights:
EU legislation - collective labour rights:
EU legislation - work-life balance:
EU legislation - social protection
EU legislative instruments Personal scope (as defined in the legal instrument)
Reference to
national
legislation?
Personal
Scope:
classification
EU legislation - non-standard work:
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The CJEU has over the years developed the concept of ‘worker’ in both instances, for
example with directives that refer to national legislation for the interpretation of the
concept of ‘worker’ and those that do not. The CJEU has given an EU-wide
interpretation to the concept of ‘worker’, thereby limiting the discretionary power of
Member States in those cases where EU legislation is referring to national interpretation
by Member States.193
The most recent EU legislation, such as the TPWC Directive and the Work-life Balance
Directive, explicitly refer to the CJEU case law when defining their personal
scope. The former, at least in the proposal made by the European Commission, even
contained a definition of ‘worker’ as a natural person who for a certain period of
time performs services for and under the direction of another person in return
for remuneration. The same definition was used in the Commission’s proposal for a
Council Recommendation on access to social protection for workers and self-employed
but not withheld in the final text that was adopted on 8 November 2019.194
It seems that criteria developed by CJEU case law to determine the status of a ‘worker’
in the meaning of EU legislation are gradually becoming incorporated in the legislative
proposals and new EU legislation. Recital 8 of the TPWC Directive is in itself not legally
binding, but clarifies that the concept of worker includes domestic workers, temporary
agency workers, on-demand workers, intermittent workers, voucher-based workers and
platform workers, provided that those workers fulfil the criteria as set out by the CJEU to
qualify as a ‘worker’ for the purpose of EU law. The new Recommendation on access to
social protection equally refers in its Recital 11 to new types of employment, such as on
demand work, voucher-based work and platform work.
Concept of worker versus self-employed
Leaving (some) discretionary power to Member States implies that the concepts
established at EU level may have different interpretations across the EU because
Member States use different national concepts and definitions. However, as pointed out,
the CJEU has through its extensive case law taken a clear position in many instances and
ensured a common EU-wide interpretation of the concepts laid down in some of the
EU directives. By doing so the CJEU has counterbalanced the discretionary power of the
Member States which was vested in the EU legislation.
The national concepts of ‘worker’ or ‘employee’ differ between the Member States.195,196
Many countries do not have a legal concept of ‘worker’ or ‘employee’ defined in national
civil, labour or social security law. They may instead often contain a definition of an
employment relationship or contract. Different definitions may even exist under national
labour and social security legislation.197 National courts have extensively contributed to
193
E.g. CJEU, 17 November 2016, case C-216/15, Betriebsrat der Ruhrlandklinik, para. 32; See also N.
Kountouris, “The concept of ‘Worker’ in European Labour Law: fragmentation, autonomy and scope”, ILJ 2018, 192-225.
194 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-
employed (OJ C 387, 15.11.2019, p. 1–8)
195 B. Waas and G. Van Voss, Restatement of labour law in Europe (Vol 1): the concept of employee” Hart
Publishing 2017, 880 p.
196 In the UK the concept of ‘worker’ is different from the concept of ‘employee’. ‘Worker’ is referring to
persons who perform services personally (although they may subcontract) for another party in return for a reward and there is no client or customer relation with that other party. In general, ‘employees’ enjoy wider protection than ‘workers’ in terms of coverage of labour law and protection.
197 In Austria social security legislation defines the concept of employee as a person who is performing work in
personal and economic dependence in return for remuneration but labour legislation does not contain the concept of an employee and is instead referring to the concept of an employment contract. The payment of remuneration is as such not a necessary criterion for the determination of an employment contract under local labour legislation.
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defining the national concept of worker (employee)198 in many of the countries under
examination.
Whereas remuneration is not always considered to be an essential criterion determining
the existence of an employment contract in Member States, the authority or control
exercised by the employer consistently is. This subordination or direction, which is
also considered by the CJEU, has led to numerous interpretations by national courts.
This subordination dimension is sometimes also perceived from the employee’s
perspective by using the criterion of personal and economic dependency or by
defining that the services must be performed as ‘dependent work’.199
The concept of ‘self-employed’ is not defined in the legislation of many of the Member
States. It is often treated as a residual category comprising all those who do not qualify
as employees under national labour legislation. Some Member States have a legal
definition of self-employed or use similar concepts such as ‘entrepreneurs’, ‘autonomous’
or ‘independent’ workers.200
The in-between or third categories used by Member States include ‘employee-like
persons’,201 ‘workers’,202 ‘economically dependent self-employed persons’,203 ‘employer-
coordinated collaborators’,204 ‘freelancers’,205 ‘dependent contractors’206 or ‘contractors
under a civil contract’.207 In the Member States concerned, these workers have a sort of
hybrid status and enjoy some of the same labour or social security protection that
‘standard’ workers or employees are entitled to. Some Member States have established
other mechanisms - very often under tax legislation - that allow natural persons to
perform services outside their usual professional businesses, such as the ‘special
business account’ in Estonia or the ‘free receivers’ in Denmark.208
As pointed out above, the personal scope of the relevant EU directives in force mostly
hinges on national legislation, practice or collective agreements defining the concept of
‘worker’, ‘employee’, ‘employment contract’ or ‘employment relationship’. The CJEU has,
198
In Austria the concept of personal dependence is a legal term pointing to the fact that a worker is not self-
determined but ‘externally determined’. The Supreme Court considers different criteria for establishing an external determination: pre-setting of time, pre-setting of workplace, inclusion into the operational employer’s organisation, subject to personal and material directives, subject to control and supervision, use of the employer’s equipment and obligation to report. In Denmark, case law determined five main characteristics of an employment relationship, of which assessment has to be based on the facts such as the subordination, the risk sharing, the obligatory personal performance of the work, the social perception of the relationship and the degree of connectedness between the two sides. In the UK, common law established five tests to determine an employment contract: control test, integration test, economic reality test, multiple factors test and mutuality of obligation.
199 Based on national expert responses to surveys, Czechia and Germany are examples where courts consider
these criteria in determining cases on employment status classification.
200 Based on national expert responses to surveys, applicable countries include CZ, EE, EL, ES, IT, LT, LU, MT,
NL, and NO.
201 AT: employee like persons are economically dependent but not personally dependent. The Supreme Court
considered the following factors as contributing to the economic dependency: performing services for a single client or marginal number of clients, agreements of non-competition, necessity to use the business structure due to the fact that the employee like person does not have appropriate own resources; DE: employee like persons and homeworkers are not personally dependent but economically dependent.
202 UK: see above concerning the difference in the UK between employee and worker.
203 Terms used in Spain and Slovenia.
204 Term used in Italy.
205 Term used in Norway.
206 Term used in Sweden
207 Terms used in Bulgaria, Estonia and Poland.
208 Estonia: small-scale activities performed by natural persons are subject to a special tax regime under the
Simplified Business Income Taxation Act.
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however, cautiously steered these scoping provisions to push towards EU-wide
convergence in the interpretation of the concept of ‘worker’ as used in the directives.
The CJEU has not introduced an autonomous EU definition of the concept of worker in
these instances, but in cases where Member States are applying rules that are likely to
jeopardise the objectives of a directive, and hence deprive it of its effectiveness, it209 has
decided in favour of such an autonomous EU worker concept, thereby overruling
the national interpretation and provisions.
For those directives that are not referring to national law for the interpretation of the
worker concept established therein, the CJEU went further and progressively
developed and consolidated a European concept of ‘worker’ through its case
law. This was first initiated when interpreting Article 45 TFEU on the free movement of
workers. In its rulings the CJEU confirmed explicitly that the term ‘worker’ in Article 45
TFEU may not be interpreted differently according to the law of each Member State, but
that the term ‘worker’ has an autonomous EU meaning.210
The EU worker concept and employment relationship under article 45 TFEU is
characterised by the following features: a person performs services of some economic
value, for and under the direction or supervision of another person and in return
for a remuneration, while the activities performed must be effective and genuine.211
The nature of the legal relationship is immaterial to the application of the EU concept of
worker, which also includes workers in public administration212 and persons who work
only a few hours or who are paid very low remuneration,213 provided that the activities
are effective and genuine. The CJEU, however, excluded activities that are performed on
a very small scale, and which are to be regarded as marginal or ancillary.214 Interesting
to note in this regard is that the CJEU did not include the (economic or other)
dependency criterion in its definition of the concept of worker as it did in its case law
concerned with the collective rights of workers in the context of EU competition
legislation.215 The CJEU ruled that a service provider (or self-employed person) cannot
be considered as an undertaking ‘if he does not determine independently his own
conduct on the market, but is entirely dependent on his principal, because he does not
bear any of the financial or commercial risks arising out of the latter’s activity
and operates as an auxiliary within the principal’s undertaking’.216 This
consideration focuses on the dependence of a worker on his principal, rather than on the
test of control and subordination.217 The CJEU considered such service providers as false
self-employed who are in a similar position as workers and should be treated equally
209
CJEU, 17 November 2016, case C-216/15, Betriebsrat der Ruhrlandklinik, para. 36-37
210 Judgments of the CJEU, Case C-66/85 Deborah Lawrie Blum v Land Baden-Württemberg (03.07.1986): at
the time of the case, Article 45 TFEU was still Article 48 of the EEC Treaty and the term ‘Community meaning’ was used instead of the current ‘EU meaning’; Case 75/63 Hoekstra (née Unger) v. Bestuur der Bedrijfsvereniging voor Detailhandel en Ambachten (19.03.1964); Case C-428/09 Union Syndicale Solidaires Isère v Premier ministre and Others (14.10.2010); Case C-229/14 Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH (09.07.2015); Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden (04.12.2014); Case C-216/15 Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, (17.11.2016).
211 Judgment of the CJEU, Case C-66/85 Deborah Lawrie Blum, op. cit.; Case 53/81 Levin v Staatssecretaris
van Justitie (1982) ECR 1035 , op. cit.
212 Ms Deborah Lawrie Blum was a trainee teacher in Germany who technically had the status of a civil servant
213 Mrs Levin worked part-time and her remuneration was below the minimum guaranteed remuneration in the
sector.
214 Judgment of the CJEU, Case 53/81 Levin, op. cit.
215 Judgment of the CJEU, Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden [2015] 4
CMLR 1
216 C-413/13, op. cit., para 33
217 Countouris, N., De Stefano, V. (2019). New trade union strategies for new forms of employment.
ETUC.Brussels. P.49
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when accessing collective rights aimed at the protection of working conditions of
workers.
The more recent 2019 directives, such as the TPWC Directive and the Work-life Balance
Directive, which apply to ‘workers’ and which refer to national legislation for the
interpretation of the concept, are now also explicitly referring to the relevant case law of
the CJEU. The interpretation that was given by the CJEU to the concept of ‘worker’ has
now become fully incorporated into EU legislation.
The EU concept of worker under Article 45 TFEU reveals the traditional binary divide
between subordinated employment on the one hand and autonomous or
independent employment on the other. This strict mutually exclusive approach of only
two categories is prevalent in international and European labour and social protection
law, but also in the labour and social protection legislation of many Member States.
However, as elaborated above, in several countries, a third category of ‘workers’ exists
besides the categories of employees and self-employed.218 These third categories often
enjoy some of the same labour and social protection that ‘standard workers’ or
employees are entitled to in the Member States.
Most of the EU labour law directives do not apply to the self-employed. As already
mentioned, the non-discrimination directives and the Council Recommendation on access
to social protection, however, concern both traditional categories or labour market
statuses:219 workers (or employees) and self-employed.220
Two directives under examination allow Member States to exclude casual work from their
scope of application. The Part-time Work Directive allows Member States or social
partners from Member States to exclude casual work entirely or partly from the scope of
application. Part-time workers who work on a casual basis can hence be treated
differently than other part-time workers and full-time workers when working conditions
are concerned. The Written Statement Directive, which is to be repealed following the
adoption of the new TPWC Directive, equally allowed Member States to exclude from
their scope of application employees who work less than one month and/or with a
working week not exceeding eight hours as well as casual work and/or work of a specific
nature. As a consequence, growing numbers of workers in non-standard work situations
were explicitly excluded by Member States.
The new TPWC Directive has, however, drastically limited the possibility for Member
States to exclude workers in more precarious work situations. Member States can decide
not to apply the Directive to ‘workers who have an employment relationship with
predetermined and actual time worked equal to or less than three hours per week on
average in a reference period of four consecutive weeks’ (Article 1(3)). The new
Directive does not refer to ‘casual’ work any longer, nor does it refer to employment of
very short duration. Moreover, in its Recital 11, the Directive specifies that when
calculating the average of three hours per week of predetermined and actual work, all
work actually worked has to be counted, including overtime and work that was not
known or predetermined beforehand or mentioned in the contract.221 From the moment
a worker crosses the threshold of three hours, the provisions of the Directive apply,
regardless of the number of working hours that the worker works subsequently or the
number of working hours provided for in the employment contract. Article 1(4)
determines further that Article 1(3) will not apply to an employment relationship where
218
E.g. BG, DE, ES, UK
219 Definition used in the Recommendation on access to social protection.
220 Access to vocational training or participation in trade unions only apply to employees under Directive
2000/78/EC (Employment Directive); self-employed should have access to at least voluntary unemployment benefit and other social protection schemes whereas employees to mandatory unemployment benefit and other social protection schemes under the proposal for Recommendation on access to social protection.
221 See also art. 1.4. in this regard
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no guaranteed amount of paid work is predetermined before the employment starts. This
means that workers who have no guaranteed working time or hours, such as zero-hour
contracts and some on-demand contracts, are still covered by the provisions of the
Directive regardless of the number of hours they actually work.222
Relevance for platform work and platform workers
The traditional binary divide between workers (employees) and self-employed that is
prevalent in international, European and national labour and social protection legislation
touches on the core issue of the employment status or labour market status of the
platform workers: subordinated employment versus independent employment or
contract work. Different levels of protection apply when working conditions and
social protection of these two categories are concerned.
The EU non-discrimination legislation and the Recommendation on access to social
protection apply to both workers and self-employed, but the classification remains
important as the material provisions are different for these two categories. The major
bulk of the provisions in the EU non-discrimination legislation are still only applicable to
workers. For instance, the provisions related to equal treatment on the basis of race or
gender, regarding access to vocational training or representation at company level, do
not apply to self-employed (platform workers). In terms of the Recommendation on
access to social protection, Member States are encouraged to establish voluntary
unemployment benefit schemes for self-employed (including platform workers), but not
necessarily mandatory schemes as are envisaged for platform workers who have an
employment contract.
The EU legislation on working conditions and social protection generally applies
only to workers (in the meaning of the EU legislation concerned) or employees.
Platform workers who are classified as workers fall within their scope of application,
while self-employed platform workers do not. Directives most often refer to national
Member States for the interpretation of the concept of ‘employee’ or ‘worker’ in
accordance with national law or practices. The CJEU has, however, developed an EU-
wide concept of ‘worker’, pointing to the three criteria which determine the status of
worker (in the meaning of the EU directives).223 It has ruled in several cases that
Member States cannot unlimitedly interpret the concept of worker enshrined in the EU
legislation when the latter refers to national definitions, as this may jeopardise a
coherent and consistent application of EU legislation throughout the EU. CJEU case law
thus allows for a reclassification in cases of a wrong classification by Member States or
by the contracting parties concerned, based on this European definition of ‘worker’. In
some Member States national case law of the highest courts equally introduces the
possibility of a reclassification of the employment status based on a national
interpretation of own national legislation.224 National courts, when considering particular
cases, will assess the facts of the actual employment relationship and
consequently often have recourse to a double layer of reclassification grounds: a
reclassification on the basis of national grounds, or on the basis of CJEU case law (and
since recently, on the basis of EU directives).
This is highly relevant for platform workers. Section 4 revealed that the employment
classification of platform workers in Member States is posing one of the biggest
challenges throughout the EU. Section 5 demonstrated that Member States have varying
approaches that result in different classifications of identical platform workers across the
EU. But neither is the classification of platform workers always coherent within Member
States, as can be deducted from the some of their extensive recent national case law.
222
See Recital 12 in this regard
223 The economic nature of the service performed (and its genuine character), paid remuneration in return for
the service provided and existence of subordination or direction.
224 Namely France.
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Court rulings have resulted in different outcomes of almost identical factual
circumstances and ‘relationships’ between the platform and the platform worker.
When assessing the employment status of a platform worker, national judges should
consider the facts and concrete relationship between the platform worker and the
platform (or other entity), which could in its turn be classified as the ‘employer’.
Performing services of an economic and genuine nature in return for a payment and
under the ‘direction’ of the platform are typically the main criteria against which a
specific case is assessed to become classified as a worker (employee) or not. The
subordination ‘test’ is usually a case of weighing different factors, such as the obligation
to provide work and to perform an assignment, the determination of the working time
and of the workplace, the inclusion of the platform worker into the operational
organisation of the platform business, the subjection to personal or material (including
indirect) directives, supervision and control, the obligation to report, the use of the
company equipment, and so on. They all represent ‘indexes’ or ‘criteria’ that in the
platform work practice are often challenged. Platform workers in reality often have
greater flexibility and freedom to choose than in more traditional employment
relationships, as they may often decide whether or not to accept a particular task and
when they actually work, whereas platforms often shift certain responsibilities towards
the platform worker, such as the use of own equipment or vehicles. However, especially
for platform workers of performing lower-skilled tasks, once a task is accepted, there is
no longer much flexibility. Determining exactly how the task is to be fulfilled, for
example the route an Uber driver must take, and the corresponding control and
monitoring, is so dense that it may not be outweighed by the flexibility on when and
where to work, and consequently may also impact the assessment of the employment
status.
The ‘subordination’ or ‘direction’ dimension has been subject to many national court
cases, sometimes with very inventive arguments put forward by the platforms, which
attempt to demonstrate the alleged independence of the platform workers, and often
change their business practices in a seemingly continuous effort to avoid the potential
(re)classification of platform workers as employees by national authorities and judges.
Platforms often try to present themselves as pure online information services,
intermediating between the platform worker and the ultimate customer, whereas in
reality the provided services often go much further than mere online matchmaking
between the platform worker and the customer. Of particular interest in this regard is
the use of the digital work allocation and tracking mechanisms. A platform’s apps are
often the core mechanism of the work organisation throughout the entire job cycle and
determine job announcements and applications; identification and selection of candidate
platform workers; allocation of work to a selected platform worker and rejection of other
candidate platform workers; monitoring of the work while being performed; and
evaluation of the work performance, sometimes with direct feedback of ultimate clients.
Assessing the existence of an employment relationship through the subordination test
becomes even more complicated in cases when platform work is ultimately delivered to a
company or when this end user could also be considered as having an employment
relationship with the platform worker. The platform or digital app intermediates or
facilitates between the firm that has requested a particular job and the platform worker
while the work or tasks are being performed under the direction or supervision of this
requesting company. Crowdwork is a type of platform work characterised by the
outsourcing of usually small or repetitive tasks by companies to often large groups of
workers through the use of digital platforms.225 The requesting company defines the
scope of the work, timeline for delivery and price, and often exercises some sort of
supervision during the work performance or upon completion - all indices that may point
225
The Amazon Mechanical Turk (AMT) is an example of such a crowdsourcing platform. See also V. De
Stefano, The rise of the “just-in-time workforce”: On-demand work, crowdwork and labour protection in the “gig economy”, Conditions of Work and Employment series No71, ILO, Genève, 2016, 2.
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to the existence of an employment relationship. The subordination test for these specific
types of platform work is even more complex, as both the platform and the end user
firm may jointly exercise or share the prerogatives that employers have in an
employment relationship. Platform workers deliver their services for and under the
direction of some sort of co-employing entity that is based on a contractual or de facto
arrangement between the platform and the end user or requesting firm. The employer’s
traditional attributes in determining the scope of the work, performance, timeline and
price in combination with the direction and supervision throughout all stages of the task
allocation and delivery are jointly exercised by the platform and the end user. In this
regard platform work practices are challenging the single employer concept that is
characteristic of the traditional labour law approach.
In many countries, criteria other than the subordination dimension have been and are
increasingly being considered by national legislation and courts with a view to determine
the existence of an employment contract. The economic dependency of the platform
worker is often regarded an important additional indicator. Platforms often operate in
highly competitive and rapidly changing markets, which in practice seem to result in
dominant market positions of very few players, and hence limited work opportunities for
platform workers. The unilateral determination of work allocation, working methods and
payments by the platform, the absence or very limited alternatives for work
opportunities, and the unequal economic and bargaining power seem to become more
and more relevant when considering the labour market status of a platform worker. New
criteria have also occurred, such as the commercial or financial risk sharing, the price
setting and the social perception. Platform workers, when personally providing their
services, often do so without any commercial or business risk, which is characteristic of
any undertaking and of genuine self-employment. They execute tasks that have been
sold commercially to customers without any involvement in the determination of the
selling prices, or in the establishment of their own remuneration. Prices for the services
rendered are often predetermined by the platform or by fixed parameters established by
the online web application.
While a national interpretation of the concept of worker acknowledges the prime
responsibility of Member States in labour legislation, it also leads to different coverage
across Member States. An identical platform worker may be considered as a worker in
country X but not in country Y. EU labour legislation may thus be differently applied to
identical factual relationships between platforms and platform workers across the EU.
The inclusion of the dependency dimension into an EU-wide concept of worker applicable
to the working conditions may be a step forward, similar to the approach taken in the
anticartel acquis in matters of collective bargaining. It could reduce differences in
implementation by Member States while increasing the protection of many platform
workers who may not necessarily work ‘in subordination’ but who are dependent
(economically and/or technically) on the platforms and do not share any commercial or
financial risk.
In reality, and in spite of some attempts in Member States to classify (some) platform
workers as employees, even by legislative means (e.g. Portugal226), it occurs that
platform workers are often being classified as self-employed in Member States, and/or
that national courts are ruling that these platform workers are self-employed, based on
the factual relationship between the platform and the platform worker. The immediate
consequence of this is that these platform workers fall outside the scope of the EU labour
legislation. Neither the provisions of the non-standard work directives, nor the other EU
legal instruments, such as the Working Time Directive or the Health and safety for fixed-
term work Directive, the new TPWC Directive, and the Work-life Balance Directive, apply
in such instances. Self-employed platform workers who may be highly dependent on the
platforms, and/or may work in precarious situations and/or with low payment rates,
226
See Lei n.0 45/2018 de 10 de agosto, available at https://dre.pt/application/conteudo/115991688
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appear to be affected the most and lack even minimum protection in terms of their
working conditions and social protection.
Material scope of the directives
EU labour legislation has over the past years regulated only limited aspects of
employment and working conditions, leaving Member States (and in some instances
social partners) mainly responsible for legislating national labour provisions. For that
reason, EU directives have primarily addressed dimensions of employment that have an
EU-wide relevance, scale or impact. The European Works Council Directive applicable to
large community-scale ‘undertakings’ and the other collective labour law directives are
clear examples of this approach. Material provisions concerning employment
relationships and working conditions, regarding which EU directives have been issued,
were relatively limited. The obligatory written information provision on the essential
aspects of the employment contract, minimum requirements related to working time and
rest periods, information on health and safety aspects of an employment contract and
the protection of pregnant workers, are some examples where the EU directives have
directly intervened with the practices at the workplace. EU non-standard work
directives227 do not regulate working conditions themselves, but they do aim to ensure
equal treatment in the application of nationally applied working conditions between
employees who have non-standard forms of employment contracts and their colleagues
who have a standard open-ended employment contract on a permanent or full-time
basis.
However, 2019 seemed to mark a significant step forward in the protection of the
working conditions of workers in an increasingly diversified labour market characterised
by the rise of various types of employment relationships that deviate from the standard
form(s) of work in full-time employment on a permanent basis. The TPWC Directive and
the Work-life Balance Directive, both adopted just before summer 2019, improve some
working conditions for workers that were already subject to EU legislation. More
importantly, they are both instrumental in clarifying the personal scope of EU labour
legislation and at the same time introduce some new minimum rights and requirements
to be adhered to in the workplace. Member States have until 1 August 2022 to transpose
these directives in their national legislation and administrative practices.
In what follows we have tried to group the selected EU legislation into five main
categories: (1) equal treatment between non-standard work and standard work; (2)
working conditions; (3) collective labour rights; (4) social protection; and (5) non-
discrimination legislation. Under the working conditions category, we deal consecutively
with (a) obligatory information provision, (b) working time and rest periods, (c) health
and safety for fixed-term contracts, (d) health and safety for pregnant workers, and (e)
protection against dismissal.
Equal treatment between non-standard forms of work and standard work
Material scope
The three EU Directives concerned with non-standard work concern part-time work,228
fixed-term work229 and temporary agency work,230 all three atypical forms of work that
227
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
(OJ L 14, 20.1.1998); Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work (OJ L 175, 10.7.1999); Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9–14)
228 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9–14)
229 Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work
concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43–48)
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occurred in increasingly diversifying national labour markets in the 1980s and 1990s.
They all envisage equal treatment in the area of working conditions between
workers (employees) employed under an atypical employment contract and
comparable workers (employees) engaged under a ‘standard’ employment contract
(either full-time,231 permanent,232 or directly employed by the user undertaking,233
depending on the directive at stake). Non-standard workers should not be treated less
favourably than comparable full-time workers in permanent contracts solely because
they have a non-standard employment contract, unless such a different treatment is
justified on objective grounds. Platform workers who are part-time workers and/or
workers under a fixed-term employment contract should be treated equally as full-time
workers or those who have a permanent contract. Likewise, platform workers working
for a temporary work agency at a user undertaking should be treated equally as workers
who are directly hired and employed by that user undertaking.
Part-time worker is defined by the Part-time Work Directive as a worker234 whose
normal hours of work, calculated on a weekly basis or on average over a period of
employment of up to one year, are less than the normal hours of work of a comparable
full-time worker. The Directive at the same time allows Member States, after consulting
with the social partners, to exclude for objective reasons casual work from the scope of
application. The refusal by employees to transfer from a full-time to a part-time
employment or vice versa cannot be a reason for termination of the employment
contract, and employers are encouraged to give due consideration when their employees
request a change from part-time to full-time or vice versa. Employers are also being
encouraged to promptly inform their staff on the availability of part-time and full-time
positions, and to facilitate career mobility for part-time workers within the enterprise as
well as to make vocational training accessible for part-time workers.
To a great extent, fixed-term employment contracts resemble the relationships
platform workers have with the platform. A fixed-term work contract is defined by the
Fixed-term Work Directive as an employment contract or relationship, the end of which
is determined by an objective condition such as reaching a specific date, completing a
specific task or the occurrence of a specific event. The Directive aims to ensure equal
treatment between fixed-term workers and comparable permanent workers in the
company where working conditions are concerned. Member states are called upon to
ensure that there is no abuse arising from the use of successive fixed-term work
contracts. Fixed-term workers have the right to be informed about vacancies in the
company. Employers are also encouraged to facilitate access to appropriate training
opportunities, career development and occupational mobility. Member States are also
required to take measures to prevent successive assignments which are designed to
circumvent the provisions of the Directive.
A temporary agency worker is defined by the Temporary Agency Work Directive as a
worker with a contract of employment or an employment relationship with a temporary-
230
Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary
agency work (OJ L 327, 5.12.2008, p. 9–14) 231
Art 3(2) of the Framework Agreement established by Directive 97/91/EC defines a comparable full-time
worker as a full-time worker in the same establishment having the same type of employment contract or relationship, who is engaged in the same or a similar work/occupation, due regard being given to other considerations which may include seniority and qualifications/skills.
232 Art 3(2) of the Framework Agreement established by Directive 1999/70/EC defines a comparable
permanent worker as a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or a similar work/occupation, due regard being given to qualifications/skills.
233 Art 5(1) of Directive 2008/104/EC determines that the basic working and employment conditions of the
temporary agency worker must be those that apply if the temporary agency worker would have been directly recruited by the user undertaking to occupy the same job.
234 The Directive uses the term ’employee’ in the definition of a part-time worker in its Article 3 (1).
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work agency with a view to being assigned to a user undertaking to work temporarily
under the latter’s supervision and direction. The triangular relationship of this
arrangement resembles to a great extent platform work practices (platform - platform
worker – end user). The Temporary Agency Work Directive ensures equal treatment
regarding the basic employment conditions between a temporary agency worker and the
workers who are directly hired and employed by the user undertaking where the
temporary agency worker is placed. The Directive defines the basic working and
employment conditions as those related to the duration of working time, overtime,
breaks, rest periods, night work, holidays and public holidays as well as pay. Rules on
the protection of pregnant women and young mothers and on protection of children and
young people that are in force at the user undertaking, as well as provisions combating
discrimination on grounds of sex, ethnic origin, religion, disabilities, age or sexual
orientation, have to be equally applied to temporary agency workers. The Directive,
however, allows Member States and social partners to derogate from the equal
treatment provisions generally (Article 5(3)) and in particular circumstances (Article 5(2)
and Article 5(4)).
Furthermore, temporary agency workers shall be informed of any vacant posts in the
user undertaking to give them the same opportunity to find permanent employment as
other workers in that undertaking. At the same time, these workers must be given
access to the collective facilities, for example, childcare facilities or transport services, in
the user undertaking under the same conditions as workers employed directly by the
undertaking. The Directive also envisages the promotion of dialogue between the social
partners with a view to promote access to training for the temporary agency workers at
both the temporary work agency and at the user undertaking. The Directive contains
provisions which aim to facilitate the employment of the temporary agency worker by
the user undertaking, such as the prohibition of agreements that may prevent the
conclusion of an employment contract upon completion of the assignment between the
user undertaking and the worker concerned, and prohibiting the temporary agencies
from charging the worker fees for their services, and also when the worker is employed
by the user undertaking upon completion of the assignment.
Member States are obliged to take measures to prevent abuse and in particular to
prevent successive assignments that are designed to circumvent the provisions of the
Directive.
Relevance for platform work(ers)
As has been highlighted, self-employed platform workers fall outside the scope of the
non-standard work directives that apply only to ‘workers’ in the meaning of the EU
directives. National classifications of platform workers as self-employed, in legislation or
in practice, may be subject to a reclassification based on EU and/or national case law in
situations where the platform worker is providing genuine services of an economic
character to another person, for and under the direction of the latter and in return for a
remuneration. The assessment is based on the facts and characteristics of the effective
relationship between the platform and the platform worker.
Part-time vs Full-time
Platform workers often work few, atypical or irregular hours during a given reference
period. Their work schedules may vary over time, with busy periods and periods during
which almost no work is performed. Platform workers typically prefer to determine their
own working time and number of hours, when and for how long they will actually work.
In practice, platform work is often expressed, not in working time or hours, but in terms
of specific tasks such as ‘food parcel drops’ or ‘taxi journeys’, and the related
remuneration paid on the basis of the tasks performed irrespective of the time spent by
the platform worker. Platform workers are often also engaged in open-ended zero-hour
contracts, with no firm commitment on the side of the platform that there will be work,
but equally no commitment on the side of the platform worker that work offered has to
be performed. When assessing the large variety of possibilities, platform work can be
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shaped in practice, and there may be situations in which a platform worker may in
reality work more hours than a comparable full-time worker in comparable business
situations.
This reveals that the more traditional distinction between full-time and part-time
work is a poor fit for platform work. Platform workers often work in businesses or
business sectors where no comparable full-time work exists, making a comparison
between a part-time platform worker and a full-time comparator difficult. It is exactly
this comparison with a full-time worker employed in the same company, with the same
type of employment contract and with the same type of work, that is determining the
concept of part-time work. In the absence of a full-time comparator, it will be hard to
maintain that a platform worker is effectively a part-time worker.
The Directive foresees this situation and provides for an indirect solution in case there is
no full-time comparator in the same establishment with the same or a similar job. Clause
3(2) states that in the absence of a full-time comparator in the same establishment, the
comparison shall be made by reference to the applicable collective agreement, or where
there is no applicable collective agreement, in accordance with national law, collective
agreements or practice. However, this fallback option allowing for a wider reference
frame may also be of limited use in practice as the type of job the platform worker is
doing may not exist in the traditional economy, or may not have been the subject of any
collective agreement or legislation.
Moreover, the possibility for Member States to exclude casual work wholly or partly from
the scope of application of the Part-time Work Directive may disproportionately affect
platform work, as many platform activities or services could in practice be considered as
casual activities, and hence be qualified as ancillary or marginal. Also, when justified by
objective reasons, Member States can make access to particular employment conditions
subject to periods of services, time worked or earnings qualification. These measures,
however, need to be reviewed regularly to ensure that the principle of non-discrimination
of part-time workers is upheld. This possibility also appears to disadvantage platform
work, especially when it comes to very fragmented tasks, small-scale activities or low-
volume work delivered over longer reference periods.
The additional protection provided by the Part-time Work Directive, for example the
protection against unfair dismissal solely on grounds of ‘part-time work’, is in theory
very relevant for platform workers, because they often have little protection in practice
when a platform suspends their account. It would be useful for platform workers if
employers, and therefore platforms, were encouraged to consider their requests to work
‘more’ or ‘less’, in a similar way that requests for changes between full-time and part-
time and vice versa are contained in the Directive. However, the employers (or
platforms) are not obliged to agree with the requests for a change in the organisation of
working time, and in practice most platform workers decide for themselves the number
of hours that they want to work.
In short, provided a platform worker is not genuinely self-employed, they may become
qualified as a part-time worker in instances where the platform or employer employs
full-time workers for the same job and hence has employment contracts based on a full-
time organisation of work as defined under national legislation. In reality, however,
many platform workers will find they have no recourse to the Directive because their
employment relationship does not fit the concepts of ‘worker’ or ‘part-time work’. This
may also be because they have been (wholly or partly) excluded from the scope of
application by national authorities who consider platform work as casual work or have
taken measures to make accessible particular employment conditions subject to periods
of service, time worked or earnings qualifications. Even if the platform work is
considered part-time work, unequal treatment is still possible on objective grounds and
in some cases the platform work activities are substantially different from what is
considered under national law as employment performed by a worker.
Fixed-term
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A fixed-term employment contract presupposes an ‘ending date’ by determining a
reference point in time. It does so either explicitly (by stipulating a termination date or
the date of an event) or implicitly (by referring to the date of the completion of a specific
task). In practice, platform workers are often engaged in open-ended type contracts with
no specific end date, without a guaranteed workload or any pre-established organisation
of working time. As a consequence, platform work also challenges the definition of fixed-
term work as provided by the Fixed-term Work Directive, such as an employment
contract or relationship where the end is established by objective conditions such as
reaching a specific date, completing a specific task, or the occurrence of a specific event.
Platform work is often task oriented and less governed by working hours. Platform
workers are often not obliged to work a certain number of tasks (or hours) and decide
on their own organisation of work. The tasks are often very fragmented and small scale
and platform workers can sometimes work simultaneously for different platforms. In
some instances the individual tasks could be considered the subject of one particular
fixed-term contract. Platform workers have in practice a sort of open-ended ‘framework’
contract without any firm commitment from either the platform to assign tasks or from
the worker to accept the job, and each of the tasks or assignments would then be the
subject of one specific fixed-term contract. The assignment and performance of
subsequent tasks could in such cases be considered as consecutive fixed-term contracts.
This would, however, imply that the individual tasks would at least have a certain
volume in terms of workload or time spent. One of the challenges identified in the study
is exactly the continuous fragmentation of work into very small pieces. The unit of
reference or measurement, which in the traditional labour law context is often based on
the ‘working hour’ or on piecework of a certain size, has been further challenged by
platform work through its fundamental reorientation to ‘tasks’ and piecework of a very
fragmented nature, such as in cases of online clickwork or crowdsourcing.
Fixed-term workers cannot be treated less favourably than comparable permanent
workers. A platform worker engaged on a temporary basis may be qualified as a fixed-
term worker enjoying equal treatment in terms of the employment conditions with the
permanent workers. But, as is the case for part-time work, the comparable permanent
workers may not exist in the company and/or for the same type of job. In practice, the
platform may only have open-ended type of contracts with all platform workers (such as
zero-hour contracts), which more closely resemble the concept of permanent contracts.
In such instances, the platform worker may not have any recourse to the provisions of
the Directive, as contracts for indefinite periods do not fall within its scope. When there
is no comparable permanent worker in the same company, the Directive mentions that
the comparison shall be made by reference to the applicable collective agreement or,
where there is none, in accordance with national law, collective agreement or practice.
Unlike under the Part-time Work Directive, Member States cannot exclude casual work
from the scope of application of the Fixed-term Work Directive, nor can they exclude
fixed-term work contracts with a maximum duration of six months.235
Some of the provisions contained in the Fixed-term Work Directive have particular
relevance for platform work, such as the measures Member States must take to prevent
abuse arising from the use of successive fixed-term employment contracts or
relationships (Clause 5). Where Member States have not taken legal measures to
prevent abuse, they have to introduce at least one of the measures listed in the
Directive, such as determining the maximum total duration of successive fixed-term
contracts, the maximum number of renewals, or the objective reasons justifying the
renewals of successive contracts. The Member States must also determine under what
conditions fixed-term contracts will be regarded as ‘successive’ and will be deemed to be
‘contracts of indefinite duration’. Platform work contracts that are based on the
235
Judgment of the CJEU, Case C-486/08, Zentralbetriebsrat der Landeskrankenh.user Tirols, (22.04.2010),
para. 47
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performance of particular tasks may hence benefit from such provisions conducive to the
equal treatment between fixed-term platform workers and permanent workers, when
employment conditions are concerned, provided of course there are permanent workers
employed.
The Directive encourages employers to facilitate training, career development and
occupational mobility for the fixed-term workers, as well as the right of fixed-term
workers to be informed about the vacancies in the company to ensure that they have the
same opportunities as other workers to secure permanent positions.
Temporary Agency Work
Platform work and temporary agency work are both characterised by a similar triangular
relationship. In platform work the three actors concern the platform (using a digital
application), the platform worker and the client (end user, consumer, and customer). In
temporary agency work, a worker is placed by a temporary work agency at a user
undertaking. The worker is employed by the temporary work agency but assigned to the
user undertaking where they work under the latter’s supervision.
In platform work the end user is very often not an undertaking employing workers,
but a private client or consumer. The Temporary Agency Work Directive does not apply
to situations where the end user is a private customer or natural person who is not
engaged in economic activities (and under whose supervision and direction the
temporary agency worker is actually working while formally being employed by the
Temporary Agency). The Temporary Agency Work Directive applies in the specific
context of two potential employers (the temporary work agency and the user
undertaking) and ensures equal treatment of the temporary agency worker with the
workers employed by the undertaking to which (the platform) worker is temporarily
assigned. Platform work is often ultimately (through the platform or directly) delivered to
consumers and/or clients without any connection or prospect of establishing an
employment relationship with the platform worker. In such instances the Temporary
Agency Work Directive has little relevance in view of protecting platform workers.
However, there are some specific types of platform work where the end user is a
company and/or could be considered as a possible employer of the platform
worker. When end users define the assignment, determine the price, exercise
supervision and evaluate the performance during and upon completion of the
assignment, there may be an employment relationship between the end user and the
platform worker. Depending on the scope of services provided by the platform business,
the employer’s function may also be ‘divided’ or ‘shared’ between the platform and the
end user. The platform business and customer jointly define the assignment, determine
the price and control work progress and performance of the platform worker, and can
both be considered as employers. In such instances a comparison with temporary
agency work becomes relevant.236 Crowdwork (or crowdsourcing) is such a type of
platform work, because requesting firms use digital apps to allocate piecework to large
groups of platform workers who provide their often very small-scale jobs online directly
to the end-user firm. The work is allocated, directed, supervised, paid and evaluated by
the end-user firm through the digital platform, which acts as a mere online intermediary
or as a facilitating entity that is also entrusted with task allocation, work supervision,
evaluation and/or payment of the services. Various modalities exist in practice when it
comes to the sharing or division of these employers’ prerogatives between the platform
business and the end-user firm, but both ultimately depend on the inputs and work of
the platform workers from which their respective businesses generate profit. For this
specific type of platform work, it has been argued by academics and research institutions
that platform businesses could be considered as temporary work agencies, platform
236
For an in-depth analysis on the applicability of the Directive 2008/104/EC to crowdwork, reference is made
to Ratti, L. (2017). Online platforms and crowdwork in Europe: two-step approach to expanding agency work provisions. Comparative Labour Law Policy Journal, 38(3), 477-512.
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workers as temporary agency workers and the end user/company as user
undertakings237 in the meaning of the Temporary Agency Work Directive.238 However,
also in these cases, the subordination test will have to be applied to the factual
circumstances and relationships between the platform and the worker on the one hand
and between the latter and the user firm on the other, in order to conclude that there is
an employment relationship.239
Be this as it may, the Directive ensures equal treatment between the temporary agency
worker and the own workers at the user undertaking, but only in what regards the basic
working and employment conditions. The Directive defines the basic conditions as
those that relate to the duration of the working time, overtime, breaks, rest periods,
night work, (public) holidays and pay, and is consequently not covering all working
conditions throughout. The basic working conditions covered are relevant for all non-
standard forms of employment and not in particular for platform work. The equal
treatment provisions contained in the Directive apply only during the period of the
assignment and not in between different assignments. This may cause interpretation
difficulties when platform work is very fragmented, irregular or spread over time. The
Directive furthermore leaves the possibility open to derogate from the equality principle
by Member States and does not require that temporary work agencies (or the
‘platforms’) have to be registered.
On the other hand, the Directive contains some provisions that are of interest when
platform work is considered. These include the potential for application to platform work
performed for and under the direction of the platform and the end-user firm as discussed
above, the recognition of temporary work agencies (and hence possibly the platforms)
as employers, and the more flexible concept of the comparable worker,240 with a view to
applying the equal treatment provisions, the explicit non-discrimination provisions on all
grounds contained in Article 19 TFEU, and the obligation of Member States to take
measures that prevent successive assignments designed to circumvent the Directive.
Workers have furthermore the right to be informed about job vacancies at the user
undertakings, while access to training at both the temporary work agency and the user
undertakings are to be promoted.
Interim conclusions – non-standard work directives
In theory, the non-standard work directives have some relevance for platform work. In
practice, however, this is very limited, and applies only when platform workers are
classified as (subordinate) workers and not as self-employed. Even where platform
workers are classified as workers, the application of the directives may not be possible.
Comparable full-time or permanent workers as defined in the respective directives may
be absent in real platform practices, and the wider comparison with existing collective
agreements, national law or practices may be of limited practical relevance because
these may not exist and/or are difficult to serve as a reference for the comparison.
Concepts such as part-time versus full-time and fixed-term work do not appear to
entirely cover platform work practices, which often resemble open-ended (framework)
contracts with no explicitly agreed permanent character and no obligation to
allocate/accept work. They are also often task oriented and not concerned with the
237
Article 3(d) defines a user undertaking as ‘any natural or legal person for whom and under the supervision
and direction of whom a temporary agency worker works temporarily’.
238 See Rati L. (2017) op.cit.
239 According to Rati L, the equal treatment principle enshrined in Article 5(1) of the Directive is to be
interpreted broadly and covers not only real comparable workers at the user undertaking but also potential or hypothetical comparable workers occupying the same job at the user undertaking.
240 Article 5(1) defines the basis working and employment conditions as at least those that would apply if the
temporary agency worker had been recruited directly by the user undertaking, implying that the point of reference are not necessarily actual workers doing the same job but also ‘hypothetical’ workers even in cases where a job did not pre-exist at the user undertaking.
Study to gather evidence on the working conditions of platform workers
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organisation of hours of work. Moreover, Member States can under certain conditions
exclude casual work from the Part-time Work Directive, which is of particular relevance
for small-scale platform work. There are also many possibilities for Member States to
derogate and apply different arrangements under the Temporary Agency Work Directive.
However, some of the provisions of the directives, should they be applicable to platform
work, appear to be very meaningful in guaranteeing minimum levels of protection for
platform workers. The prohibition of unfair dismissals on the sole basis of the platform
work activity’s scale or working time, the possibility to increase and decrease working
hours without the risk of being dismissed, the prevention of abusive practices of
successive fixed-term contracts, access to training opportunities and career mobility, and
the right to be informed when vacancies occur, are all covered.
The Temporary Agency Work Directive can potentially be applied to specific types of
platform practices, for example in cases where platforms and end users are
undertakings, and/or can be qualified as employers, such as in crowdwork. However,
this interpretation has only limited practical relevance and does not cover situations in
which the end user is a private natural person or consumer.
Working conditions 6.1.2
Obligatory information provision on the essential aspects of the employment relationship
Material scope
The new Transparent and predictable working conditions (TPWC) Directive of 20 June
2019 entered into force at the end of July 2019.241 The Directive is repealing the Written
Statement Directive, which will still have legal effect until the transposition period of the
new Directive (three years) has been completed.242
First, the Directive limits the possibility for Member States to exclude from its scope of
application small-scale or casual work, defined as referring to situations where the
predetermined and actual working time is equal or less than an average of three hours
per week in a reference period of four consecutive weeks (Article 1(3)). It also ensures
that this derogation cannot apply to employment relationships where no guaranteed
amount of paid work is determined before the employment starts (Article 3(2)).
The Directive also lays down the minimum rights of workers in terms of the
information employers are obliged to provide to the individual workers in
writing, be it on paper or in electronic form, but with proof of transmission and/or
receipt (Article 3).243 The information concerns the essential aspects of the
employment relationship and should for the most part be provided by the employer
between the first day of work and the seventh calendar day (Article 5(1)): the
place of work (or the principle that a worker is employed at various places or is free to
determine their place of work) and registered place of business; description of the work
or nature of the work or function; the commencement date; the end date when
applicable, as in fixed-term contracts; the duration and conditions of probationary
period; and the remuneration, frequency and method of payment. In cases of entirely
or mostly predictable work patterns, the employer has to inform the worker about the
241
Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent
and predictable working conditions in the European Union (OJ L186/105 11.07.2019)
242 Article 24 of EU Directive 2019/1152 provides that the Written Statement Directive shall be repealed with
effect as of 1 August 2022.
243 Compared to the Written Statement Directive, the Directive 2019/1152 extends the list of essential aspects
of the employment relationship (e.g. duration and conditions of probationary periods, training opportunities, specific conditions when the work pattern is unpredictable, etc.) and shortens the periods by which the employers have to inform their workers in writing (which was ‘standard’ determined on two months under the Written Statement Directive).
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length of a standard working day or week, arrangements for overtime and related
remuneration, and any arrangements for shift changes. When the work pattern is
entirely or mostly unpredictable, the employer must inform the worker of (1) the
principle that the work schedule is variable, the number of guaranteed paid hours and
the remuneration for the work performed in addition to those guaranteed hours, (2) the
reference hours and days within which the worker may be required to work, and (3) the
minimum notice period to which the worker is entitled before the start of the assignment
and, where applicable, the deadline for the cancellation that the employer has to respect
when cancelling an assignment (Articles 4 and 5). Member States that allow employers
to cancel an assignment without compensation have to ensure that in case of a late
cancellation (after a specified reasonable deadline), the worker is entitled to a
compensation (Article 10(3)).
For some other types of information on the essential aspects of the employment
relationship, the employer has one month to inform the worker (counted as from the
first working day), such as the information on the identity of the user undertaking in
case of temporary work, the available training opportunities, the applicable notice
periods and procedures, the right to paid leave, the existing collective agreements or
identity of the responsible bodies, and the identity of the social security institutions
which receive the social contributions that are connected with the employment
relationship, and any other social security protection provided by the employer (Articles
4 and 5).
The Directive also determines that in the case of any modification or change related
to the essential aspects of the employment relationship, the employer is obliged to
inform the worker in writing at the earliest opportunity, and at the latest on the day it
takes effect.244 This requirement also applies when a worker is sent to another Member
State or third country (Article 6).
When workers are required by their employers to work in another Member State or
third country (i.e. a country other than the one where they habitually work) for longer
than four consecutive weeks, employers must provide in writing some additional
information for them prior to their departure: the country or countries where the work is
to be performed as well as the duration of the work assignment; the currency in which
the remuneration will be paid; the benefits in cash and in kind the worker will be entitled
to during the work assignment; and the conditions of repatriation when this is provided
for. Posted workers shall furthermore also be informed about the remuneration they are
entitled to in accordance with the applicable legislation of the hosting state, the
allowances specific to the posting and the arrangements for reimbursing expenditures on
travel, boarding and lodging, and the relevant references to the single national website
of the hosting state.245
The Directive furthermore lays down some minimum requirements that directly
affect the working conditions of workers:246 maximum duration of any probationary
period; the right to parallel employment; provisions related to a minimum predictability
of work; complementary provisions related to on-demand work; provisions concerned
with the transition to other forms of employment; and rules on mandatory training. The
Directive determines that collective agreements concluded in accordance with national
legislation can apply different working conditions than those that are contained in the
Directive. In this regard Directive 2019/1152 goes a step further than the Written
Statement Directive, which did not cover working conditions and whose scope was
limited to the obligatory written information provision.
244
Under the Written Statement Directive employers had to inform the worker in writing at the earliest
opportunity and not later than one month after the date of entry into effect of the change.
245 Consistent with the obligations set out in Directive 96/71/EC and Directive 2014/67/EU
246 Chapter III: Minimum requirements relating to working conditions; Articles 8 to 14
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Directive 2019/1152 determines that when probationary periods are envisaged under
national legislation or practice, the probationary period shall not exceed six months
(Article 8(1)). Member States may in exceptional cases apply longer probationary
periods when justified by the nature of the employment or in the interest of the worker
(Article 8(3)). In situations of fixed-term employment, the probationary periods must be
proportionate to the expected duration of the contract and nature of work, but in the
case of a renewal of a fixed-term contract, no new probationary period can be applied
(Article 8(2)).
Employers cannot prohibit their workers from taking up other employment, outside
the work schedule with that employer, and they cannot subject a worker to adverse
treatment when doing so (Article 9(1)).247
Workers who have worked for at least six months with the same employer may request
from their employer a form of employment with more predictable and secure
working conditions where available, and are entitled to receive a reasoned written
reply (Article 12(1)).248 Employers are obliged to give a reasoned written reply within
one month of the request (Article 12(2)).249
In cases when an employer is required by law to provide training to a worker in view
of carrying out the work for which they are employed, the training has to be provided to
the worker free of any cost, and the training time shall be counted as working time, and,
where possible, take place during the working hours (Article 13).
Of particular interest are the provisions of the Directive concerning situations where the
work pattern of a worker is entirely or mostly unpredictable. In such a situation,
the worker shall not be required to work unless two conditions are fulfilled: (1) the work
takes place within predetermined reference hours and days, and (2) the worker is
informed by their employer of a work assignment within a reasonable notice period
established in accordance with national law, collective agreements or practice (Article
10(1)). A worker has the right to refuse a work assignment when one of the conditions is
not fulfilled, without adverse consequences (Article 10(2)). When Member States allow
an employer to cancel a work assignment without compensation for the worker, they are
obliged to take measures to ensure that compensation is paid when the employer
cancels a work assignment that was previously agreed between the employer and the
worker after a reasonable deadline (Article 10(3)).
The Directive also aims to prevent abusive practices concerning on-demand or similar
employment contracts, such as zero-hour contracts, when the employer has the
flexibility to call a worker to work as and when needed, as they are particularly
unpredictable for the worker.250 Member States which allow the use of such contracts are
required to take one or more measures such as (a) limitations on the use and duration
of on-demand or similar contracts, (b) a rebuttable presumption of the existence of an
employment contract with a minimum amount of paid hours based on the average hours
worked during a given period and (c) other equivalent measures that ensure effective
prevention of abusive practices (Article 11).251 Member States are consequently allowed
to choose from the measures proposed but can also opt to implement all mentioned
types of measures.
247
Member States may lay down conditions for the use of incompatibility restrictions by employers, on the
basis of objective grounds, such as health and safety, the protection of business confidentiality, the integrity of the public service or the avoidance of conflicts of interests (Article 9 (2)).
248 Member States can limit the frequency of the requests.
249 Member States can extend the deadline to three months for SMEs and employers who are natural persons
and allow for an oral reply in cases of subsequent similar requests when the situation of the worker has remained unchanged (Article 12 (2)).
250 Recital 35, Directive 2019/1152
251 Member States are required to inform the Commission of the measures taken.
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Relevance for platform work
The TPWC Directive 2019/1152 is undoubtedly a major improvement for the
employment protection of workers in both standard and non-standard forms of
employment, including for platforms workers who have an employment relationship. It
also contains provisions that are of specific relevance for platform workers.
First, as has been set out above, the Directive clarifies the EU concept of ‘worker’ to
which it applies by explicitly referring to CJEU case law, by mentioning that platform
workers are workers when the criteria set by the CJEU rulings are met,252 by restricting
the possibility for Member States to exclude workers in various precarious non-standard
forms of employment to those workers who actually work on average less than three
hours a week253 and by expressly including workers who have no guaranteed working
time, such as those working on zero-hour contracts and some on-demand workers.254
When Member States allow on-demand or similar contracts, the Directive equally
requires them to implement measures in order to prevent abusive practices. Only the
(genuinely) self-employed fall outside the remit of the Directive.
Second, the Directive’s material provisions have direct relevance for the employment
relationship between employers and workers. Employers are obliged to inform their
workers in writing about an enlarged list of essential aspects of the
employment relationship in relatively short but reasonable timelines, which is
generally limited to the first week of employment. The Directive also directly regulates
some other working conditions relevant for workers who are increasingly employed
by flexible and atypical forms of employment, and which have not yet been subject to
previous EU legislation. Some of these provisions are highly relevant for platform work.
The information obligation vested with employers covers an expansive list of aspects
that are relevant for all workers, but some that are particularly relevant for workers in
non-standard work situations and also for platform workers.
While a documented and timely information provision on the core aspects of an
employment relationship is relevant for all types of workers, it is particularly meaningful
for platform work as contracts are often not concluded and/or the information that is
provided to platform workers is often partial or incomplete: description of the work,
remuneration, place of work, periods of notice, probationary periods, paid leave, and
social protection. Enforcing the Directive on platform employers will definitely contribute
to clearer and more secure employment relationships in the platform economy.
Of particular relevance is the obligation vested with the employers when work is
entirely or mainly unpredictable. In such cases the platform has to inform the
platform worker that the work schedule is variable, but also about the number of
guaranteed paid hours and the remuneration for the work that is performed in
addition to these guaranteed hours, the reference hours and days within which the
worker may be required to work, the minimum notice period the worker is entitled to
before the start of an assignment and, where applicable, the deadline for cancellation
the employer has to respect. The worker has the right to refuse an assignment when
the assignment takes place outside the agreed predetermined reference hours or days,
or when the platform did not respect the reasonable notice period for informing the
platform worker about the work assignment as established in national law and practices
(Article 10(1)). The platform worker has the right to compensation when the platform
cancels a previously agreed assignment after a specified reasonable deadline set by the
Member States in accordance with national legislation and practice (Article 10(3)).
252
Recital 8, Directive 2019/1152
253 Article 1 (3) and Recital 11, Directive 2019/1152
254 Recital 12, Directive 2019/1152
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Working for two or more platforms simultaneously is common practice for some types of
platform workers. The Directive requires Member States to ensure that employers
cannot prohibit parallel employment and that they regulate the conditions under which
employers can restrict parallel employment for objective grounds, such as incompatibility
with the work for their own platform.
The provisions relating to the prevention of abusive practices concerning on-demand
or similar employment contracts are also of high importance for platform workers. In
practice, platforms often organise their businesses in such a way that the platforms have
the highest flexibility and can call platform workers to work for a particular work
assignment as and when they (or the algorithm) deem fit. Platform work practices
operate often as on-demand contracts. Work is hence in practice very unpredictable. The
Directive obliges Member States to take measures but leaves room for Member State-
specific approaches. The limitation of the use and duration (or use of successive on-
demand contracts similar to that which governs fixed-term contracts) is a possible
national legislative action. The introduction of the rebuttable presumption of the
existence of an employment contract will undoubtedly have clear consequences as more
platform workers would be included within the remit of the Directive, leaving the burden
of proof of the opposite on the platforms. Article 18 ensures protection to platform
workers from dismissal or its equivalent, on the grounds that they have exercised the
rights provided for in this Directive. In particular the wording ‘its equivalent’ could
indeed benefit those platform workers whose accounts have been deactivated or
suspended, or it could potentially cover those situations where the platform does not
provide assignments any more to the platform worker, on the grounds that they have
exercised the rights provided for in this Directive. For example, a platform worker could
in theory refuse a task by the platform on the grounds that it did not respect the agreed
predetermined reference hours or days (Article 10(1)(a)). If this results in the platform
deactivating or suspending the account of the platform worker (or simply stopping
providing assignments), the platform worker is protected by Article 18.255 Platform
workers may request the platform to provide duly substantiated grounds for the
dismissal or the equivalent measures, and the platform is obliged to do so in writing
(Article 18(2)). The Directive, however, does not specify the time by which the employer
has to provide that information. Of significant importance is provision which determines
that the burden of proof in court cases related to dismissals is vested with the employer
(the platform), who has to prove that the termination was based on other grounds than
those relating to the rights of the workers as protected under the Directive (Article
18(3)).
However, the Directive does not cover all dimensions or aspects characterising the
working conditions or employment protection of platform work, nor the information
obligation on the side of employers.
Some working conditions or dimensions which are particularly relevant for platform work
have not been included in the list of essential aspects of the employment relationship the
employer is bound to provide in writing, including information on: the existence of
potentially harmful tasks or environment; the use of equipment, vehicles and tools that
are necessary to conduct work assignments; the protection in case of work accidents
and occupational diseases; the collection and processing of personal data and data
concerning the work performance; the use of electronic surveillance mechanisms; on the
evaluation and rating mechanisms; possibilities to challenge automated company
decisions that affect the work of the platform worker; conditions governing the
termination or suspension of the contract; (internal and/or external) mechanisms for
complaint handling, mediation or dispute resolution; procedures for advance notification
in cases of suspension or termination; procedures other than those related to formal
dismissals and the corresponding notice periods (mentioned under Article 4.2(j)) when
255
See also Recital 43
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the employer is in breach of the contract, such as in cases of non-payments of particular
tasks; on representation rights; rights to conclude collective agreements; and the clients
and customers. Most of these enumerated aspects are of key concern to platform
workers and a timely information obligation on these matters could be considered in the
future.
Whereas the Directive introduces minimum requirements that affect some working
conditions of workers, including platform workers who will qualify as workers, some of
the material provisions may not be entirely fit for platform work while some other
dimensions or aspects that are particularly relevant for platform work are not included.
The procedure concerning the termination of the employment relationship, as well as the
related notice periods, are mentioned as being part of the essential aspects of the
employment relationship. The employer is obliged to provide written information about
these procedures to the individual worker within a month after the start of the
employment contract. Article 4.2(j) refers to procedures in situations where the
employment is terminated and may hence be restrictedly interpreted as referring to
situations where the employment relationship is formally ended by either of the parties
or in agreement. No reference is made to ‘equivalents’ as is the case in Article 18, which
concerns the protection in case of dismissals. The information obligation on procedures
for situations where work is being (temporarily) suspended or where the work allocation
is reduced or put on hold - all characteristic of platform work - appears not be covered.
The obligation to include in the procedure a list of grounds on which basis the
employment contract can be terminated is also not covered.
Whereas Article 18 provides protection in case of a dismissal or its equivalent, it may not
entirely cover all sorts of situations in which a platform worker is prevented from
working while technically not being ‘dismissed’. Is a reduction or a temporary suspension
of work or task allocation, while keeping the account operational, considered as the
equivalent of a dismissal? Article 18 does not mention a deadline by which the employer
has to inform the worker on the grounds for dismissal, unlike the case for the obligation
to provide information in writing on the essential aspects of the employment relationship
(one week or one month from the first day of work), in cases of any change to these
essential aspects (at the latest on the day that the change is taking effect) and in cases
where the worker with more than six months’ service has requested a form of
employment with more predictable and secure working conditions (one month as from
the date of request).
The Directive requires Member States to ensure access to effective and impartial
dispute-resolution mechanisms and the right to redress in case of infringements of the
workers’ rights but does not include this into the list of essential aspects under the
information obligation. Overall, the emphasis is put more on formal dispute settlement
arrangements and litigation, and less so on more preventive but less costly mechanisms
to resolve potential conflict, such as the obligation to have internal complaint-handling
mechanisms and mediation. This may be of particular relevance for platform work
because some of the reported reasons for disputes are not that complex (such as a non-
payment of a particular assignment or task, or refusal to activate an account), or they
may be the consequence of automated decisions.
Working time and rest periods
Material scope
As pointed out, the Working Time Directive256 does not contain a definition of ‘worker’,
but the CJEU has repeatedly confirmed that the term ‘worker’ as it is used in the
256
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain
aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9–19)
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Directive has an autonomous meaning specific to EU law.257 The Directive does not apply
to the self-employed.258
The Working Time Directive lays down some minimum requirements for the organisation
of working time and defines concepts such as ‘working time’ and ‘rest periods’: working
time is any period during which the worker is working, at the employer’s disposal and
carrying out his activity or duties, in accordance with the national laws and/or practice
(Article 2(1)); a rest period is any period which is not working time (Article 2(2)).
The Directive contains several material provisions determining the rights of workers in
relation to the organisation of the working time:
a minimum daily rest period of 11 consecutive hours per 24-hour period (Article
3)
a minimum of uninterrupted rest period of 24 hours per each seven-day period on
top of the 11 hours’ daily rest per 24-hour period (Article 5)
a rest break in cases of working days that are longer than six hours, the duration
and terms on which it is granted being established by collective agreements or in
national legislation (Article 4)
a maximum of weekly working time as established by national collective
agreements, administrative provision or legislation, where the average working
time for each seven-day period, including overtime, may not exceed 48 hours
(Article 6)
the right to paid annual leave of at least four weeks in accordance with national
legislation and the prohibition to replace the paid annual leave by another
allowance unless when the employment relationship is terminated (Article 7)
limitation of normal hours of night work to an average of eight hours in any 24-
hour period (Article 8).
Collective agreements and national legislation of Member States can further determine
the exact entitlement conditions related to the different rights of the workers, the
specific duration of maximum weekly working time, rest periods, rest breaks and paid
annual leave. Member States’ labour legislation concerned with the working-time
organisation differs to a large extent in their national approaches.
The Pregnant Workers Directive259 requires Member States to take necessary measures
to ensure that workers who are pregnant or who have recently given birth are not
obliged to perform night work.
Relevance for platform work
The organisation of working time is specifically relevant for platform workers who can
often choose when they work and how much time they want to spend working. The
effective working time platform workers perform can in some instances be very limited
and/or fragmented and neither does it always follow logical patterns. But platform
workers can equally in practice prefer to stay logged on or work for more hours than set
as a maximum under the Working Time Directive.
Working time registration is essential in this regard. Not all countries260 oblige employers
to have a time-registration system at the workplace. In a recent judgment,261 the CJEU
257
Judgment of the CJEU, Case C-428/09, Union syndicale Solidaires Isère, (14.10.2010), para. 27
258 Judgment of the CJEU, Case C-255/04, Commission v. France, (15.06.2006), para. 50
259 Council Directive 92/85/EEC of 19.10.1992 (OJ L 348/1 of 28.11.1992) on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding
260 Belgium and Spain are examples of countries where employers are not obliged to have time registration
systems.
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held that not having such a time-registration system is contrary to EU law. The absence
of a time-registration system leads to the impossibility of recording, in an objective and
trustworthy way, how many hours and when exactly the employee has worked, and it
makes it impossible to determine how much overtime the worker has effectively worked.
The consequence of the judgment is that all employers should implement an objective,
trustworthy and accessible time-registration system facilitating the registration of the
daily working hours. The type of system may depend on the sector or the specificities of
the company, and it can, for example, be a badging system or an app. For platform
workers, the digital app they are using to connect (and stay connected) with the
platform is potentially an adequate instrument to register working time.
However, other questions arise where platform work is concerned. Is the time spent
online at all times working time? Is the time that a platform worker is spending, when
regularly logging in or when staying continuously connected to screen job offers, working
time? How is it best to apply maximum (weekly) working time, on call or on duty time,
rest breaks and rest periods for platform workers?
In other words, the notion of working time is being challenged by platform work
practices. The CJEU has consistently held that the determining factor for the
classification of ‘working time’, within the meaning of the Working Time Directive, is the
requirement that the worker is physically present at the place determined by the
employer and that they are available to the employer to be able to provide the
appropriate services immediately in case of need.262 In addition, the CJEU considers that
the physical presence and availability of the worker at the place of work during the
standby period, with a view to providing their professional services, must be regarded as
carrying out his duties, even if the activity actually performed varies according to the
circumstances.263 It is hard to predict how the CJEU would apply these principles to
platform work. It may lead to cases where the platform workers’ working time would be
much longer than the Directive’s thresholds.
Another point of doubt relates to the application of the time limits which are set by the
Directive and whether they apply per employment contract or per worker. One may
assume that they apply per worker, as the main objective of the Directive under Article 1
is to lay down minimum health and safety requirements for the organisation of working
time, implicitly referring to the health and safety of a particular worker. Indeed, in its
Interpretative Communication,264 the European Commission has indeed stated that the
time limits apply per worker. This clarification is essential given the fact that platform
workers may in practice work for different employers or platforms simultaneously or
combine their platform work with their main occupation.
Platform workers often remain connected to the platform while waiting and/or
monitoring new incoming job calls or ‘offers’. This raises the question as to what extent
this can be considered as standby time and, in the affirmative, as working time or not.
The CJEU held that standby time, where the worker is required to be physically present
at the place specified by the employer, must be regarded entirely as working time,
irrespective of the fact that, during the periods of standby time, the person is not
continuously carrying out any professional activity.265 However, if the standby time is
characterised by the fact that workers are not obliged to remain waiting in a place
designated by the employer (it is enough for them to be reachable at any time so that
261
Judgment of the CJEU, Case C-55/18, Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche
Bank SAE, (14.05.2019)
262 Judgment of the CJEU, Case C-518/15, Ville de Nivelles v Rudy Matzak (21.02.2018), para. 59
263 Ibidem, para. 57
264 European Commission, Interpretative Communication on Directive 2003/88 of the European Parliament and
of the Council of 24 May 2017, concerning certain aspects of the organisation of working time.
265 Judgment of the CJEU, Case C-151/02, Landeshauptstadt Kiel v Norbert Jaeger, (09.09.2003)
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they may be called upon at short notice to perform their professional tasks), it is not
considered as working time. In that situation the workers are at the disposal of their
employer, in that it must be possible to contact them, but they can manage their time
with fewer constraints and pursue their own interests.266
Platform workers’ standby time is usually spent at a location the platform worker
chooses and is hence not specified as such by the platform, in spite of the fact that one
could argue that the location is somehow determined as being in the vicinity of the place
where the work is expected to be performed. Also, the question can be raised as to the
obligation of the platform worker to respond to the assignments, and whether they really
are on duty or not. The fact that platform workers are often in a position to decline an
assignment may point to the contrary. If, however, platform workers are sanctioned
when they have refused a particular assignment, they find themselves as if on duty.
In a recent judgment, the CJEU held that in a case of firefighters who were on duty at
their home but who had to respond to calls from the employer within eight minutes, the
on-call time had to be considered as working time, as the eight minutes’ requirement
significantly reduced the opportunities for the workers to perform other activities. The
judgment is deviating from previous positions, which considered only standby time spent
at the workplace as working time, and not the standby time at home, even when there
was an obligation to respond to a call of duty within a short timeframe. The previous
may also have repercussions in the light of the Working Time Directive’s provisions
related to working time and rest periods, as the strict demarcation is becoming blurred
where platform work is concerned. Platform workers who are on standby at home cannot
be in such a situation for more than 48 hours a week, or more than 13 hours in a 24-
hour period, when the provisions of the Working Time Directive have to be respected
(provided that the nuances brought by the recent judgment of the CJEU are present). If
there is, however, no obligation to respond to a call, it will be much more difficult to
maintain that the standby time at home is to be considered as working time (which is
where the difficulty lies for platform work).
The CJEU also ruled in cases where the worker did not have a fixed or habitual place of
work. In such instances, the time spent by workers travelling each day between their
homes and the premises of the first and the last customers designated by the employer
constitutes working time.267 This ruling is of specific relevance for the platform riders and
drivers, always, of course, on the condition that they are not genuine self-employed.
Member States can derogate268 from some of the provisions of the Working Time
Directive, because of the specific characteristics of the activity concerned, when the
duration of working time is not measured and/or predetermined, or when the working
time can be determined by the workers themselves. This is the case for most platform
work practices. However, as affirmed by the European Commission in its Interpretative
Communication, ‘there is no case-law yet on how the “autonomous worker” derogation
could apply to workers in new forms of employment such as the digital platform
economy […]’.269 Subsequently, it is still uncertain whether Member States can (and will)
make use of this possibility to exclude platform work from the application of the Working
Time Directive.
266
Judgment of the CJEU, Case C-151/02, Jaeger, op.cit and Judgment of the CJEU, Case C-518/15, Matzak,
op.cit
267 Judgment of CJEU, Case C-266/14, Federación de Servicios Privados del sindicato Comisiones obreras
(CC.OO.) v Tyco Integrated Security SL and Tyco Integrated Fire & Security Corporation Servicios SA (10.09.2015)
268 Article 17 (1)
269 European Commission, Interpretative Communication on Directive 2003/88 of the European Parliament and
of the Council of 24 May 2017, concerning certain aspects of the organisation of working time, p 45
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Health and safety for fixed-term employment contracts
The Health and safety for fixed-term work Directive270 applies to temporary employment
relationships directly concluded between the employer and the worker, or between a
temporary work agency and the worker, when the latter is assigned to work for and
under the direct control of a user undertaking. It aims to ensure equal treatment and the
same levels of protection in matters of health and safety between the workers concerned
and the other workers at the company or the user undertaking.
Material scope
Workers have the right to be informed, before they start working, about the job-specific
risks they are facing and whether any specific occupational qualifications, skills or
medical surveillance are required (Article 3). Workers have the right to receive
sufficient training appropriate to the particular characteristics of the job, taking into
account their qualifications and experience (Article 4). Member States can prohibit
workers under fixed-term contracts being used for certain types of work that would be
particularly dangerous to their safety or health and in particular for certain work that
requires medical surveillance. Where Member States do not use this possibility, they
have to ensure that the workers under fixed-term contracts are provided with
appropriate special medical surveillance (Article 5).
The Directive furthermore contains specific provisions that govern the triangular
relationship between the worker, the temporary work agency and the user undertaking.
These determine that the user undertaking has to inform the temporary work agency
about the occupational qualifications required and the specific features of the job to be
filled before the workers are assigned (Article 7), and that the user undertakings remain
responsible for the health, hygiene and safety conditions governing performance of the
work (Article 8).
Relevance for platform work
At first sight, the right to be informed about health and safety risks appears not to be
more important for platform workers when compared to any other worker. The same
applies to the right to receive sufficient training, which is specific to the job features
under question. Platform workers, however, appear to be working in practice in less
‘controlled’ environments and often work on their own with little or even no personal
contact with colleagues and/or employer or person representing the latter. Platform
workers are often working outside the traditional company environment and without
access to information, training, or procedures on health and safety.
The provisions of the Directive apply to workers under fixed-term contracts and to
workers who are employed by temporary work agencies and seconded at user
undertakings, revealing a triangular relationship which is characteristic of platform work
as well. However, customers of platform work are usually natural persons or companies
that receive and/or pay for the services rendered by the platform worker and cannot be
considered as a user undertaking in the meaning of the Directive. The provisions are
consequently of little relevance for platform workers. 271
270
Council Directive 91/383/EEC of 25.06.1991 supplementing the measures to encourage improvements in
the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ L 206/19 of 29.07.1991) 271
See supra 4.1.1.3.1 for a similar analysis on the non-standard directives.
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Health and safety of pregnant workers
Material scope
The Pregnant Workers Directive272 contains in its Annex I a non-exhaustive list of
agents, processes or working conditions which may be harmful for workers exposed to
them during their job activities if they are pregnant, have recently given birth or are
breastfeeding. Employers are obliged to assess the nature, degree and duration of the
exposure of the workers concerned, either directly or by means of protective and
preventive services with a view to assessing the risks to their safety and health, and the
possible effects on their pregnancy or breastfeeding (Article 4). Based on the risk
assessment, the employer has to take appropriate measures and adjust the working
conditions or working hours of the worker, move her to another job or grant her leave
for the whole period necessary to protect her safety and health (Article 5).
The Directive furthermore lists, in Annex II Section A and Section B respectively, the
agents and working conditions that pregnant workers and breastfeeding workers must
under no circumstances be exposed to. Employers who conduct a risk assessment which
reveals a risk of exposure cannot oblige workers to perform the work concerned.
The Directive also contains provisions relating to the prohibition of night work, the right
to maternity leave for at least 14 weeks and the protection against dismissal for
pregnant workers until the end of their maternity leave. These provisions are dealt with
in other sections of this study.
Relevance for platform work
While the Directive certainly has relevance for platform workers who are pregnant or
who have recently given birth, it is designed to apply in more traditional types of
working environments and does not provide for solutions that fit platform work practices.
Many challenges could arise, such as the application of a risk assessment when there is
often no physical contact between the platform and the worker, of the temporary
adjustment of the working conditions and/or working hours of the platform worker
concerned, and of moving the worker to another job when there is a risk for her safety
or health. Other enforcement challenges exist, such as the application of the lists of
hazardous agents and working conditions pregnant workers or workers who have
recently given birth may under no circumstances be exposed to, as well as the
prohibition of night work to pregnant platform workers and the protection against
dismissal of platform workers who are pregnant or have recently given birth.
Protection against dismissal
Material scope
The protection against dismissal of workers in particular situations is ensured under
different directives and applies in certain situations or when the worker is exercising
rights that are protected under the respective directives.
The Pregnant Workers Directive requires Member States to prohibit the dismissal of
workers during the period from the beginning of the pregnancy to the end of the
maternity leave, save in exceptional cases not connected with their condition, which are
permitted under national legislation and/or practice and, where applicable, provided that
the competent authority has given its consent (Article 10). The new Work-life Balance
Directive equally requires from Member States that they prohibit dismissals of workers
who have applied or have taken up their right to paternity leave, paternal leave or
carer’s leave or who have asked for flexible working arrangements for caring purposes
272
Council Directive 92/85/EEC of 19.10.1992 (OJ L 348/1 of 28.11.1992) on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding
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(Article 12). The Directive ensures that the burden of proof remains with the employer273
(Article 12(3)). The recent TPWC Directive requires Member States to take necessary
measures to prohibit the dismissal or its equivalent on grounds that workers have
exercised their rights provided for under the Directive and allocates the burden of proof
of the opposite to the employers (Article 18). By establishing a general framework for
informing and consulting employees, the Directive requires Member States to ensure
adequate protection for the representatives of the workers (Article 7).
Relevance for platform work
The protection against any form of a temporary or permanent termination or closure of
the account or ‘contract’ is of particular relevance to platform workers, irrespective of
their employment status. Even at the pre-contracting stage, challenges occur in cases
when applications to register or open an account at a platform may be declined or
refused by the platform without adequate explanation or reasons. From a strict
employment perspective this pre-contracting stage can be considered as the recruitment
phase. This is currently not covered under the existing EU labour legislation, which is
traditionally concerned with the employment period itself. During recruitment processes,
employers have to respect the EU anti-discrimination legislation that ensures equal
treatment on grounds of gender, disability and other protected grounds as referred to in
Article 19 TFEU. The EU labour law directives, unlike the acquis on equal treatment,
however, have no material provisions for job seekers and workers who are in search of
new employment. But after registration or the start of the contract (of employment or of
the provision of services, depending on the status of the platform worker), timely and
adequate information provision on the grounds of the decision appears to be
necessary for the variety of different modalities of contract ‘interruption’ or
‘termination’ platform workers are confronted with: (temporary) suspension; reduction
of work assignments; other restrictions imposed by the platform which affect their job
prospects; account deletion; and termination of the contractual relationship. The non-
payment of a particular assignment or task may not necessarily imply a suspension or
termination of the contract for a platform worker, but in practice such a refusal seems to
give rise to many concerns for platform workers. The reasons for a decision not to pay
for a particular service or job are often based on automated decisions without human
involvement and/or may be related to the evaluation of the clients, but irrespective of
this, decisions on non-payment could be treated in the same way as decisions related to
the contract termination, that is, the provision of an advance notification and statement
of the reasons for the payment refusal.
The possibility of challenging the decisions related to the contract interruption (or
non-payment) is of equal importance for platform workers, especially when these
decisions are unilaterally applied in contexts where the relationships are exclusively
virtual and based on automated decisions. This latter point highlights the need for proper
and effective internal complaint-handling systems and alternative forms of out-
of-court dispute-resolution mechanisms such as external mediation services or
mechanisms in which the social partners at company or sector level may take up a more
prominent role in the resolving of particular disputes. Most of the current EU labour
legislation addressing the protection of the rights of workers appears to emphasise the
more formal judicial redress before courts as the way to resolve disputes, with only very
limited attention paid to alternative ways. Platform workers are in practice less organised
than standard workers. They work mostly in isolation and for powerful platforms.
Gaining access to affordable, fast and effective dispute resolution systems for individual
platform workers, irrespective of their labour market status, is a priority. The P2B
Regulation seems to meet some of these aspirations. Providers of online intermediation
services have the obligation to establish a free of charge internal complaint-handling
system and to identify two or more impartial and independent mediators who can be
273
Recital 4 of Directive 2019/1158
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engaged for dispute settlement in case the matter is not resolved following the internal
complaint-handling system (Article 11 to 14) (see infra).274
Collective labour rights 6.1.3
Information and consultation of collective labour force
Material scope
Directive 2002/14/EC275 sets minimum requirements for the right to information and
consultation of workers276 in companies with more than 50 staff277 on matters which
concern the entire business and its personnel, such as the recent and probable
developments regarding the economic situation of the company, the employment
situation (especially when there is a threat to the employment) and on decisions that
may lead to substantial changes in the work organisation or contractual relations
(Article 4(2)).
The practical arrangements for the information and consultation processes, such as its
timing, periodicity, level of interaction between the workers’ representatives and
management, and exact scope and content, are to be defined by national legislation and
industrial relations’ practices in the Member States. Information has to be provided at a
time and in a way that is appropriate to enable workers’ representatives to conduct a
study and to prepare for consultation, whereas consultation needs to be organised with
the appropriate level of management and with the purpose of reaching an agreement in
cases where managerial decisions may trigger substantial changes in the work
organisation and/or contractual relations. The Directive furthermore determines that
Member States have to ensure that the employees’ representatives are entitled to
adequate protection and guarantees that they are able to properly perform their duties
(Article 7). Member States have to ensure appropriate measures in the event of non-
compliance by the employers or workers’ representatives, such as administrative and
judicial procedures to enable the enforcement of the obligations deriving from the
Directive and shall provide for adequate and effective sanctions in case of infringements
(Article 8).
Directive 2009/38/EC278 regulates the procedures for informing and consulting
employees279 and for the setting up of a European Works Council in undertakings or
groups of undertakings that have EU-scale businesses. It is applicable to large
companies with at least 1 000 employees in the Member States and at least 150
employees in each of at least two Member States (Article 2.1(a)).280 The scope of the
274
See Section 6 for a comprehensive analysis of the P2B Regulation.
275 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a
general framework for informing and consulting employees in the European Community (OJ L 080, 23/03/2002 p. 29 – 34)
276 The Directive uses the term ‘employee’ instead of worker as detailed in previous sections.
277 Member States can choose whether they apply the Directive to undertakings with more than 50 workers or
to establishments with more than 20 staff (Article 3(1)). Article 2 defines ‘undertaking’ as a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States and ‘establishment’ as a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources. 278
Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of
a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28– 44)
279 The Directive uses the term ‘employee’ instead of worker as detailed in previous sections.
280 ‘EU-scale group of undertakings refers to a group of undertakings that has at least 1.000 employees, at
least two group undertakings in different Member States and at least two group undertakings which each has at least 150 employees in different Member States.
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information and consultation procedures concern specifically transnational issues
(Article 1(3)) and these specific information and consultation procedures have to be
implemented on top of the information and consultation procedures at the level of the
individual undertaking(s) or establishment(s). The central management of the EU-scale
undertaking or group of undertakings must conclude a written agreement with a special
negotiating body on the details relating to the functioning, composition and resources of
the European Works Council. Should no agreement be reached, subsidiary measures
apply, which are determined in the Annex to the Directive. The measures define the
scope of the content of the information and consultation procedures, including the
economic and financial situation of the undertakings, employment forecasts, substantial
changes concerning the organisation, introduction of new working methods or production
processes and establishing the right of the European Works Council to meet at least once
a year with the central management.
Directive 98/59/EC281 determines that an employer considering collective
redundancies has to inform the competent national authorities in writing (Article 3) and
start consultations with the workers’ representatives with a view to reaching an
agreement (Article 2(1)). Collective redundancies are defined in the Directive as
dismissals effected by the employer for reasons that are not related to the individuals
concerned. With a view to establishing a minimum number of dismissals in order to be
considered as a collective redundancy, Member States can define the number of
redundancies and choose between different minimum quotas, depending on a reference
period during which the redundancies are taking effect: at least 10 dismissals (for
companies with between 20 and 100 workers), at least 10% (for companies with
between 100 and 300 workers) and at least 30 (in companies with more than 300
workers), when the reference period is 30 days. When the reference period is 90 days
the minimum is established at 20 dismissals, irrespective of the number of workers who
are employed by the company (Article 1(a)). The Directive establishes the procedure for
the consultation which shall, at least, cover ways and means of avoiding collective
redundancies or reducing the number of workers affected, and of mitigating the
consequences by recourse to accompanying social measures aimed, inter alia, at aid for
redeploying or retraining workers made redundant (Article 2(2)). Employers need to
provide the workers’ representatives in due course with the information about the
reasons for the redundancies, the number of workers affected and the period during
which the redundancies will come into effect, as well as on the method for calculating
the redundancy payments. Workers’ representatives are entitled to make constructive
proposals during the consultation, and only after the end of the consultation procedure
can employers proceed with the collective redundancies.282
Relevance for platform work
The three directives on collective rights, which establish information and consultation
obligations to be adhered to by employers, apply to company environments and
employment relationships between employers and workers (employees). The self-
employed providing services to these companies are not part of their scope of
application.
The right to be informed and consulted on the business performance of the
platforms, the employment forecasts including possible employment reduction
and decisions that may affect the work organisation is, however, very relevant for all
platform workers, including those with a self-employed status. Platform workers have
also reported their concern at the lack of any information made available to them on the
platforms’ business performance. They also pointed out that changes in the work
organisation - often related to the algorithmic management through the use of digital
281
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating
to collective redundancies (OJ L 225, 12.8.1998 p.16-21)
282 Judgment of the CJEU case C-188/03 Irmtraud Junk v Wolfgang Kühnel of 27.01.2005
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apps - happen regularly but without prior notification to, or any consultation with, the
workers. Platform businesses seem to continuously adjust the work organisation in an
attempt to improve efficiency, by minimising and often externalising the operational
costs. Since contractual relationships in platform businesses are often very precarious,
the provision of information and consultation appears to be even more important for
platform workers than for those in more standard working environments.
The typical ‘depersonalised’ employment relationship characterising platform work and
often absent direct (personal) contact between the platform (its human management)
and the platform worker appear to make systemic information and consultation
processes harder to implement in practice. Platform workers often operate with little or
no direct contact with their colleagues, which may hinder information exchange,
collective action, selection of workers’ representatives and/or the establishment of
workers’ organisations. Platform businesses have, however, functional digital
applications which aim to ensure that the platform workers are - and remain - connected
with the platform, and which serve as a means for exchanging information between the
platform and the platform worker primarily for operational and management purposes.
Expanding the functions of these digital applications to provide information to all workers
collectively, and even to promote information exchange between the platform workers
and facilitate consultation, should not be too complicated. The analysis of the challenges
in Section 4, however, shows that some platforms are using their task allocation apps to
increase internal competition between individual platform workers. The apps appear to
be designed in a way that discourages or even prevents workers to take any collective
initiative or action.
Directive 2002/14/EC definitely has high relevance for platform workers who are
employed by the platforms, but its provisions appear insufficiently, or not at all, adapted
to the platform work’s digital business environment, making it relatively easy to
circumvent these obligations. The Directive does not apply to self-employed (dependent)
platform workers – although information on the economic situation, employment
forecasts and changes in work organisation is equally important to them.
Several platforms operate on an EU-wide scale, with undertaking(s) or establishments
in more than one Member State. Their central management structures often differ from
the management structures in the country where the platform worker is active, and even
in the latter instances it is not always clear who is effectively in charge because of the
more virtual relationship between the platform and the platform worker. In such
instances, the European Works Council has relevance for the platform workers who are
workers. Self-employed platform workers fall outside the scope of protection provided by
Directive 2009/38/EC on the European Works Council, but they are also concerned by
the matter.
The existing Directive insufficiently protects the rights of platform workers where
platform businesses are operating in different Member States in parallel and in highly
competitive markets, and even globally. Platform workers should be kept informed
through structured consultation on transnational issues which affect financial and
employment forecasts, as well as on more work-related matters such as substantial
changes in work organisation or introduction of new working methods. But this does not
often happen, and the lack of representation of platform workers at company or sector
level in platform businesses is critical here, as previously discussed.
Platform businesses sometimes withdraw from markets as fast as they entered them,
having operated locally for relatively short periods. Mergers and acquisitions of platform
businesses, however, seem to occur more often.283 These constantly changing business
283
Examples are Take Eat Easy which was set up in Belgium in 2013 and left the market in 2017, Deliveroo
who decided to withdraw from the German market mid-2019 after four years of operation, the acquisition by the Dutch Takeaway.com of Deliveroo Hero’s business in Germany in 2018, then in 2019 announced the merger between Takeaway.com and Just Eat in the UK.
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structures have far-reaching repercussions for the daily operations affecting platform
workers. Adequate and timely information provision and proper consultation with
platform workers’ representatives would certainly contribute to better protection of their
rights.
The right to be informed and consulted when platforms are considering collective
dismissals is applicable when platform workers are effectively workers and not engaged
as self-employed by the platform business. The Collective Redundancies Directive does
not, however, apply to contracts which are concluded for limited periods or for specific
tasks unless they take place prior to the date of expiry or of completion of the tasks
(Article 1(2)). In practice, most platforms’ employment relationships appear to have
many similarities with such fixed-term contracts, which may imply that the Directive
does not apply in these instances and/or that there are ways to argue that the Directive
is not applicable as the task and/or time period concerned have already been completed
or will be completed with due payment for the services rendered. However, as
elaborated in the section concerned with the Fixed-term Directive, platform workers’
contracts are often open-ended types of contracts (zero-hour contracts) that resemble
more closely the concept of permanent contracts. This could bring them into the scope of
the Collective Redundancies Directive. In practice, platform workers’ contracts are not
always straightforward in relation to their terms of duration, as became clear from the
research on the challenges in Section 4.
Protection against collective redundancies is nevertheless of importance to platform
work.284 The provisions of the Directive, however, do not appear to be entirely fit for the
specificities characterising platform work practices: platform workers do not usually
share a common physical workplace with the platform management and other platform
worker colleagues. The contact with the platform and information provision is often
limited to web-based applications with individual accounts and little or no commonly
shared information between the workers. Platform workers within the same company or
undertaking usually have limited mechanisms or tools for collective information
gathering or sharing and are often prevented by the platforms or by the design of the
digital apps from being structurally involved in possible consultation processes and from
taking collective action. The representation of platform workers in platform businesses
has been reported as one of the main challenges in Section 4. The absence of
representatives of the platform workers inside the companies makes the application of
the procedures for consultation, when collective redundancies are considered, not
practicably possible. Enforcing the right to set up representative bodies for workers in
platform business may help overcome this challenge. Digital web-based applications are
currently most often used for the exclusive purpose of the work organisation and task
allocation to individual platform workers, which is only in the interest of the platform
business. One idea to promote information exchange and facilitate dialogue and
consultation between the platform workers would be to extend the digital applications to
have a two-way information exchange between the workers and the platforms.
Protection against collective redundancies is of particular relevance in situations where
platform businesses withdraw from business markets and cease their activities, decisions
that are often taken drastically and unilaterally285 and which would by definition
presuppose advanced notification of and consultation with their own workers.286 Such
withdrawals and cessation of business activities often have far-reaching consequences
284
See infra ‘Insolvency of the employer’, which goes into depth on the highly competitive landscape of the
platform economy.
285 In August 2019 Deliveroo announced it would pull out of the market in Germany after four years of
operation. The decision was announced by an email message sent to its users. 286
The Belgian start-up Take Eat Easy was set up in 2013 but announced in summer 2017 it would stop its
activities.
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not only for their own workers but also for the self-employed who were engaged in the
platform business activities.
Insolvency of the employer
Material scope
Directive 2008/94/EC287 ensures that when employers are in a state of insolvency,
claims of the employees that arise from their employment contracts or relationships
against their employers, as well as their severance pay on the termination of the
employment, are granted protection in accordance with national law. Member States are
obliged to take measures to ensure that institutions will guarantee the payment of the
outstanding claims. The Directive explicitly states that Member States cannot exclude
part-time workers, fixed-term workers or temporary agency workers (Article 2(2)).
Member States can extend the employee protection to other situations of insolvency, for
instance in situations where the payments have de facto been stopped on a permanent
basis (Article 2(4)).
Relevance for platform work
The Directive applies only to employees or workers (and not to the self-employed) but
explicitly states that part-time, fixed-term and temporary agency workers are included in
its remit, which makes the Directive particularly relevant for platform workers in non-
standard forms of employment.
The Directive primarily aims to regulate the functioning of the guarantee institutions
while ensuring the rights of employees for their claims arising from their employment
contract to ultimately be paid. It applies in situations where the business has been
subject to collective proceedings based on the insolvency of the employer, or when the
business has already been closed down, at the very final stage of liquidation. Such a
situation presupposes that the payments to the workers were terminated at some point
when the business deteriorated. Without prejudice to the relevance and importance of
the Directive for workers, including platform workers, protection against payment claims
in general, but also in the preceding stages of business deterioration, appear to be of
greater relevance. This seems to be specifically the case for platform workers whose
contracts and payment conditions are often more variable than in standard forms of
employment and who are often insufficiently or not at all organised or represented at the
company level to tackle the payment claims. Section 4 indicates that platform workers
are often confronted with situations where their services have not been paid for, and
payment claims appear to be one of the main subjects of contestation in platform
businesses in some countries.288
Platforms are often operating in highly competitive business markets in which few
players are active. There is a constant objective to optimise the operational costs by
increasing productivity and efficiency with the ultimate aim of reducing the selling prices
for the services that are provided and paid for by the (often private) consumers. The
initial investment cost for entering the local markets and implementing the web-based
technologies has to be recovered from usually low profit margins on the individual
services that are provided. Scaling and volume appear to be the way to make the
business profitable. The heavy competition implies relatively short life cycles for some
platform businesses that terminate their activities after being in business for only a short
while. Deteriorating business can lead to the insolvency of the employers which in turn
287
Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection
of employees in the event of the insolvency of their employer (Codified version) (OJ L 283, 28.10.2008, p. 36– 42)
288 M. Silberman, Rights for platform workers, IG Metall Crowdsourcing Project, Discussion paper, (July 2018),
unpublished
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can affect the income security of platform workers. Some cases have been reported in
our research on the national challenges.289
Several uncertainties, and more importantly, some enforcement challenges, remain.
How is the Directive to be made applicable in practice for platform work, as the platform
workers are often working in isolation and without the support of a representative
organisation that can take their claims to heart? Are the claims sufficiently recorded and
submitted to the institution that is entrusted with guaranteeing the payment according
to national legislation? How about the duration that is needed to pay out the guaranteed
claims to the affected platform workers?
The recently adopted Insolvency Directive (EU) 2019/1023290 complements Directive
2008/94/EC in several ways. It requires Member States to ensure that companies in
difficulty or in all likelihood facing insolvency have access to early warning tools that can
detect circumstances that may lead to insolvency and which require urgent action. The
Directive focuses on the early stages when companies are accumulating debt which may
lead to a possible insolvency and to subsequent collective proceedings or liquidation as
covered by Directive 2008/94/EC. Companies, as well as their workforce, should have
access to relevant and up-to-date information on the availability of the early warning
tools. Applying preventive restructuring frameworks may not affect the individual and
collective rights of the workers. The Directive reconfirms the right to information of the
workers’ representatives on information regarding the company’s activities and economic
situation and regarding any preventive restructuring procedure which may affect the
employment in the company, including the ability of workers to recover their wages and
any future payments. The Directive also establishes the right to information and
consultation of the workers’ representatives on the restructuring plans before they are
adopted (Article 13).
Social protection 6.1.4
Access to social protection
Material scope
The Council Recommendation on access to social protection for workers and the self-
employed291 clearly targets ‘both persons who are working in the framework of an
employment relationship (workers) and persons working on their own behalf (self-
employed)’ (Article 7(b) on the definition of the labour market status), but also to people
transitioning between either status or having both statuses as well as to persons whose
work is interrupted by the occurrence of one of the risks covered by social protection
(Article 3.1). Member States are recommended to provide access to adequate social
protection to all workers and the self-employed and to establish minimum standards
concerning the formal coverage, effective coverage, adequacy and
transparency of some branches of social protection: (1) unemployment benefit
schemes, (2) sickness and health care benefits, (3) maternity and paternity benefits, (4)
invalidity benefits, (5) old age benefits and survivor’s benefits, and (6) benefits in
respect of accidents at work and occupational diseases, ‘insofar they are provided in the
Member State’. The latter qualification is interesting as it may imply that Member States
289
Take Eat Easy was in a state of insolvency in France when the case was brought before the national courts
leading ultimately to a ruling of the French highest court (Cour de Cassation) which reclassified a service contract into an employment contract on 28 November 2018.
290 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive
restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) (OJ L 172/18 26.06.2019)
291 Council Recommendation of 8 November 2018 on access to social protection for workers and the self-
employed (2019/C 387/01 of 15.11.2019)
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which do not have all mentioned social security schemes for workers and/or for the self-
employed should not necessarily introduce the schemes that are not yet in place as this
is particularly relevant in the case of the self-employed. Social assistance and minimum
income protection schemes are explicitly excluded from the scope. Workers and the self-
employed have a right to participate in listed social protection schemes and to adequate
social protection but the Recommendation acknowledges that different rules may apply
for workers and for the self-employed (Article 5). Member States are recommended to
ensure access to adequate social protection regarding all enumerated social risks for ‘all
workers on a mandatory basis, regardless of the type of employment relationship and to
the self-employed at least on a voluntary basis and where appropriate on a mandatory
basis’ (Article 8 on formal coverage).
The Recommendation also contains provisions that aim to make the protection more
effective, especially for the self-employed and workers in non-standard forms of
employment. Specifically, the rules governing contributions and entitlements should not
hinder the possibility of accruing and accessing benefits due to the type of employment
relationship or of labour market status; and the differences in the rules governing the
schemes between labour market statuses or types of employment relationships should
be proportionate and reflect the specific situation of the beneficiaries (Article 9).
Member States are furthermore recommended to ensure that the entitlements are
preserved, accumulated and/or transferable across all types of employment and self-
employment statuses and across economic sectors, throughout the person’s career or
during a certain reference period and between the different schemes within a given
social protection branch (Article 10). Benefits that are paid upon the occurrence of a risk
are to be provided in a manner that is timely, adequate, upholding a decent standard of
living, and providing appropriate income replacement while preventing the beneficiaries
from falling into poverty (Article 11). When determining the level of contributions,
Member States are recommended to ensure that they are proportionate to the
contribution capacity of the workers and the self-employed (Article 12).
Relevance for platform work
Recital 11 of the Recommendation considers the growing variety of employment
relationships and refers to on-demand work, voucher-based work and platform work as
examples of this diversity. The Recommendation notes that the national rules on
contributions and entitlements to social protection schemes are still largely based on full-
time, open-ended employment contracts between a worker and single employer, while
some non-standard forms of employment and some self-employed have insufficient
access to social protection branches that are more closely related to the participation in
the labour market (Recital 13).
The Recommendation has some relevance for platform workers, though it is indirect and
limited. Unlike the case for EU labour legislation, self-employed platform workers are
included in the remit, as are platform workers who are working in the framework of non-
standard forms of employment. In spite of it being a Recommendation and of introducing
only minimum standards, some provisions are of particular relevance for platform
work. Member States are recommended to ensure that the self-employed have access
to the listed social protection branches at least on a voluntary basis, and where
appropriate on a mandatory basis. Addressing social protection of the self-employed is a
key response in the overall context of platform work, which in practice is for a large part
performed by those self-employed who fall outside of the scope of EU labour legislation.
Provisions aiming at the preservation and transferability of the rights, and at reducing
the importance of the minimum entitlement and qualifying conditions for social benefit
entitlement, are often dependent on national social protection systems. This is because
they have a significant impact on the effective access to social protection of self-
employed platform workers, and workers who have an employment relationship of a
very short duration, or for a very specific and small task and/or who work for various
platforms simultaneously. Adequate levels of benefits, which aim to ensure a decent
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standard of living and to prevent poverty, as well as assessing the contributory capacity
of the workers or self-employed when establishing the contribution levels, are principles
that take into account the day-to-day precariousness many of the platform workers are
confronted with in reality.
The Recommendation has importance for platform work as one of the types of non-
standard employment as it calls on Member States to open up formal and effective
access to social security branches for workers with atypical work assignments or
schedules and professional careers. For self-employed platform workers, the
Recommendation has a rather limited importance, as it concerns only statutory social
security schemes and mandatory coverage has not been required. The Recommendation
remains a softer instrument and does not have the same impact as the labour directives,
leaving it up to the Member States to decide on possible actions in the field of social
protection of the platform workers.
Maternity leave, paternity leave, parental leave and carers’ leave
Material scope
The Work-life Balance Directive 2019/1158,292 which entered into force on 1 August
2019, lays down the minimum requirements related to parental leave, paternity leave
and carers’ leave and to flexible work arrangements for workers who are parents or
carers. Its main purpose is ‘to achieve equality between men and women with regard to
labour market opportunities and treatment at work by facilitating the reconciliation of
work and family life for workers who are parents or carers’. The new Directive replaces
the older Parental Leave Directive293 which is repealed with effect from 2 August 2022.
Member States have three years to transpose the provisions into their own national
legislative and administrative frameworks. The new Directive strengthens the right to
(paid) parental leave but also introduces new rights such as the (paid) paternal leave,
the carer’s leave and the right to flexible working arrangements for caring purposes. The
Directive applies to all workers and refers to CJEU case law when determining its
personal scope (Article 2) while it also explicitly mentions that part-time work, fixed-
term work and temporary agency work are covered within its scope.294 Minimum
requirements relating to maternity leave are governed by the (older) Pregnant Workers
Directive 92/85/EEC295 but also by Directive 2006/54/EC on gender equality in
employment and Directive 2010/41/EU on gender equality of the self-employed.
Fathers, or equivalent second parents, have the right to paternity leave of ten
working days on the occasion of the birth of their child. Member States can decide
whether these days can be partly taken before or only after the birth or determine other
more flexible take-up arrangements (Article 4(1)). During paternity leave workers are
entitled to receive an allowance which equals at least the amount of the sickness
allowance of the Member State concerned (Article 8(2)).296 Workers have furthermore
the individual right to parental leave of four months, which has to be taken before the
child reaches eight years297 and out of which two months are not transferable (Article
292
Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life
balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79–93)
293 Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental
leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13–20)
294 Recital 17 of the Directive refers to part-time work, fixed-term work and temporary agency work
295 Directive 92/85/EEC on safety and health at work for pregnant workers (OJ L 348/1 of 28.11.1992)
296 Member States may make the payment of the allowance subject to previous periods of employment, which
may not exceed six months prior to the expected date of birth of the child (Article 8 (2)).
297 Member States are required to establish the specific age of the child.
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5).298,299 For the two non-transferable months workers are entitled to receive a payment
or allowance that Member States have to establish300 (Article 8(3)). Member States are
required to regulate the circumstances under which employers are allowed to postpone
the granting of parental leave for a reasonable period of time on the grounds that the
taking of parental leave at the time requested would seriously disrupt the good
functioning of the employer (Article 5(5)).301 The Pregnant Workers Directive establishes
the right of workers to a continuous period of maternity leave of 14 weeks allocated
before and/or after confinement in accordance with national legislation and/or practice
(Article 8). A similar provision is stipulated by Directive 2010/41/EU on gender equality
of the self-employed, which states that Member States shall take the necessary
measures to ensure that female self-employed ‘workers’, as well as female spouses and
life partners of the self-employed, are granted a sufficient maternity allowance enabling
interruptions in their occupational activity owing to pregnancy or motherhood for at least
14 weeks (Article 8(1)).302
Workers are furthermore granted the right to carer’s leave of at least five working
days per year and per worker (Article 6), while Member States have to ensure that
workers can take time off from work on grounds of force majeure for urgent family
reasons in cases where illness or accident makes the immediate presence of the worker
indispensable (Article 7). Workers have furthermore the right to request flexible working
arrangements for caring purposes (Article 9), defined as ‘the possibility to adjust their
working patterns, including through the use of remote working arrangements, flexible
working schedules or reduced working hours’ (Article 3).
When workers return to their job after a period of leave, they are entitled to receive
equivalent posts on terms and conditions that are no less favourable to them and to
benefit from any improvement in the working conditions to which they would have been
entitled had they not taken the leave (Article 10(2)). Member States have to ensure that
workers who have applied or exercised their right to paternity, parental or carer’s leave,
or to more flexible working arrangements for caring purposes, won’t be less favourably
treated on the basis of these grounds (Article 11). Workers cannot be dismissed on the
sole grounds of their having applied or exercised their rights under the Work-life Balance
Directive (Article 12).
Relevance for platform work
Equal treatment between men and women in labour market opportunities, working
conditions through the reconciliation of work and family life for working parents, and the
social protection of pregnant workers and workers who have recently given birth, are all
key objectives for modern labour market policies. The aim is to ensure gender equality
and higher labour market participation of women, who in practice are most often the
carers of sick children or relatives. The right to paid paternity leave and paid paternal
leave, as well as the right to flexible working arrangements for caring purposes and the
right to carer’s leave, are new and the related provisions need to be transposed by
Member States in the coming three years. The provisions for time off from work for
caring purposes address the growing need in European societies to organise informal
298
Whereas paternity leave cannot be subject to any qualification related to a period of work or length of
service (Article 4 (1)a), Member States can decide to make the parental leave subject to a period of work or length of service qualification of maximum one year (Article 5(4)).
299 Under the Parental Leave Directive 2010/18/EU the non-transferable period was limited to one month.
300 The Parental Leave Directive 2010/18/EU did not contain a requirement relating to the obligatory payment
of an allowance during the period of parental leave. 301
The employer must do so in writing.
302 Member States may decide whether the maternity allowance is granted on a mandatory or voluntary basis
(Article 8 (2)).
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care. The Directive applies to platform workers, provided they are classified as workers
and are not self-employed as set out before.
Platform workers often have non-standard employment relationships with one or more
platforms. As the right to parental leave (contrary to paternity leave) can still be made
subject by Member States to a minimum qualifying period of maximum one year, issues
may arise as to the application of the Directive to platform work when it is delivered in a
fragmented way or on a very small scale. Other enforcement questions may occur, such
as how to apply the possibility for platforms to postpone the granting of the parental
leave for a reasonable period of time in cases where it would seriously disrupt the
functioning of the business. Many other provisions contained in the Directive are difficult
to apply in the context of platform work environments, for example the prohibition of
dismissal when the platform worker has applied or exercised their rights, no less
favourable treatment when the platform worker returns to their job, the right to more
flexible working arrangements for caring purposes, the right to more flexible forms of
parental leave, or the maintenance of rights that were acquired the moment the leave is
exercised.
Non-discrimination on grounds of gender, racial or ethnic origin, disability, age, religion
or belief and sexual orientation
Equal treatment on grounds of nationality of EU Member States is enshrined in the
principles of the free movement of workers and the free movement of services, two of
the cornerstones of the EU internal market. The EU non-discrimination legislation on
other grounds than nationality is enshrined in the Treaties and in secondary legislation
by means of directives. Article 157 TFEU requires Member States to ensure the principle
of equal pay between male and female workers for equal work and work of equal value
and provides the legal basis for the EU to adopt measures to ensure the application of
equal opportunities and equal treatment between men and women in matters of
employment. Article 19 TFEU provides the legal basis for the EU to take appropriate
action to combat discrimination on the basis of gender, racial or ethnic origin, religion or
belief, disability, age or sexual orientation. Both articles of the TFEU have been used as
the basis for extensive EU legislation combating discrimination, which has been
complemented over the years by considerable CJEU case law, often concerned with the
personal scope of application of the respective directives.
Six EU directives have been included in current legal analysis. Three of these directives
aim to ensure equal treatment (on the grounds of racial or ethnic origin, religion or
belief, disability, age, sexual orientation and gender) in the employment field: access
to employment, working conditions including remuneration and dismissals, vocational
training and participation to workers’ representative organisations.303 They are
nevertheless also relevant for the self-employed albeit in a more restrictive way, and
often limited to ensure equal treatment regarding the access to self-employment. The
three directives are hence predominantly concerned with employment relationships and
situations in which workers can be subject to discriminatory approaches by the
employers for reasons of their gender, racial or ethnic origin, religion or belief, disability,
age or sexual orientation throughout the employment cycle, that is, from the recruitment
until the contract termination. The directives aim at prohibiting direct and indirect
discrimination and establish important legal concepts such as the concept of
303
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (OJ L 303, 2.12.2000, p. 16–22); Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22–26); Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, p. 23–36)
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harassment304 and reasonable accommodation for people with disabilities. The directives
apply in the context of platform work, as recruitment, working conditions, payment and
dismissals of platform workers should be non-discriminatory and platforms with whom
they have an employment relationship are liable in the case of the opposite. Access to
self-employment is equally covered by the directives and no discrimination can occur in
that regard.
Two other directives concerning equal treatment between men and women are relevant
to platform workers, when self-employed305 and in matters of social security
arrangements for both workers and self-employed.306 EU legislation on equal
opportunities and equal treatment has advanced most on the gender dimension and to
some extent on the race dimension. Of the four other main grounds for discrimination, it
has focused on the employment area.
The remaining Directive equally concerns gender equality but in a very different context:
access to goods and services that are publicly available.307 The Directive specifically
concerns the relationship between a provider of goods or services on the one hand and a
consumer on the other. Such a relationship bears similarities to the triangular
relationship characterising platform work. Discrimination can work both ways: on the
side of the provider when providing services to consumers, but also vice versa as
consumers can also use discriminatory approaches when selecting particular products or
services. In the case of the former, the question arises as to whether it is the platform
worker or the platform who is to be specifically considered as the provider and
consequently who may be liable. Where liability has to be determined, there are
repercussions for the employment or labour market status of the platform worker.
Material scope
Equal treatment in the employment area implies that there shall be no direct or indirect
discrimination in: (a) conditions for access to employment, to self-employment or to
occupation, including selection criteria and recruitment conditions, whatever the branch
of activity and at all levels of the professional hierarchy including promotion; (b) access
to all types and to all levels of vocational guidance, vocational training, advanced
vocational training and retraining, including practical work experience; (c) employment
and working conditions, including dismissals and pay; (d) membership of, and
involvement in, an organisation of workers or employers, or any organisation whose
members carry on a particular profession, including the benefits provided for by such
organisations.308 Equal treatment in the employment field is ensured by separate
directives for the six different grounds of discrimination: gender,309 racial and ethnic
origin,310 religion or belief, age, disability and sexual orientation.311 Whereas the
conditions governing access to employment (a) apply to both workers and the self-
304
Harassment is defined as “unwanted conduct with the purpose or effect of violating the dignity of a person
and of creating an intimidating, hostile, degrading, humiliating or offensive environment”, Article 2 (3) of Directive 2000/78/EC. The concept of harassment is also found in Directive 2006/54/EC under its Article 2(1)c and in Directive 2000/43/EC under its Article 2(3).
305 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the
principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1–6)
306 Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of
equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24–25) 307
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment
between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37–43)
308 Article 3 (1) of Directive 2000/78/EC
309 Article 4 and 14 of Directive 2006/54/EC
310 Article 3 (1) of Directive 2000/43/EC
311 Article 3 (1) of Directive 2000/78/EC
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employed, the provisions concerning vocational training (b), working conditions (c) and
membership of workers’ organisations (d) apply generally only to workers. As has been
mentioned before, the CJEU stated that it would follow its case law on the free
movement of workers when interpreting the concept of worker.312
The Race Directive and directives concerned with equal treatment on grounds of gender
cover a wider material scope than the employment area. The Race Directive also covers
social protection, including social security and healthcare, social advantages,
education and access to and supply of goods and services which are available
to the public,313 whereas the Gender equality in employment Directive also includes
occupational social security schemes and the Gender equality in social security
Directive is concerned with statutory social security schemes314 for specific social risks:
sickness, invalidity, old age, accidents at work and occupational diseases and
unemployment.315
Equal treatment when accessing goods and services is provided for under the Race
Directive on grounds of racial or ethnic origin and it forms the subject of a separate
directive on gender equality, which applies to all persons providing goods and services,
which are available to the public in both the private and public sectors, and which are
offered outside the area of private and family life.
The Gender equality of self-employed Directive applies to the self-employed, or persons
pursuing a gainful activity on their own account, under the conditions laid down by
national law as well as their spouses or life partners when they habitually participate in
the activities of the self-employed and perform the same or ancillary tasks.316 It is the
Member States’ legislation that will define the status of self-employed and hence the
scope of application of the Directive. The latter contains a rather broad definition of the
principle of equal treatment by stipulating that it concerns ‘for instance’ the
establishment of a self-employed activity (Article 4(1)). The Directive furthermore
stipulates a right to sufficient maternity benefits for at least 14 weeks for self-employed
females and female spouses or life partners of the self-employed.
The equal treatment directives systematically cover both direct and indirect
discrimination. Direct discrimination occurs when a person is treated less favourably than
another, or has been or would be treated in a comparable situation, on any of the
discrimination grounds. Indirect discrimination on the other hand occurs where an
apparently neutral provision, criterion or practice would put persons having a particular
gender, racial or ethnic origin, religion or belief, disability, age, or sexual orientation at a
particular disadvantage compared with other persons, unless that provision, criterion or
practice is objectively justified by a legitimate aim and the means of achieving that aim
are appropriate and necessary.
Relevance for platform work
There is currently only limited research being conducted on the subject of equal
treatment in the context of platform work. Only the gender dimension has received any
attention, predominantly by networks or bodies which are actively involved in gender
research.317 The reports point to the likelihood of the existing horizontal and vertical
312
Judgment of the CJEU, Case C-432/14, O v BioPhilippe Auguste SARL, (01.10.2015), para. 22
313 Article 3 (1), e), f), g) and h)
314 And social assistance schemes insofar as they are intended to supplement or replace statutory social
security schemes (Article 3 (1) b).
315 Not covered are family benefits and survivors’ benefit schemes.
316 Article 2
317 Opinion on new challenges for gender equality in the changing world of work, Advisory Committee on equal
opportunities for women and men; Report on gender equality and the collaborative economy, European Network of legal experts in gender equality and non-discrimination, March 2018
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segregation of women in the labour market worsening and a greater polarisation
between high- and low-skilled jobs occurring if no appropriate measures are taken, such
as the active promotion of women in STEM/ICT-related education and jobs and a more
equal take-up between women and men of caring responsibilities for relatives. Moreover,
under present research, discrimination has not been reported by the national experts as
a critical challenge. The fact that it is not considered an issue of primary concern may be
because discrimination is not always visible or traceable in platform businesses, or
because of a structured under-reporting of discriminatory cases, as suggested by the
Report on gender equality and the collaborative economy for the European network of
legal experts in gender equality and non-discrimination.318 Platform workers often
perform their services individually, at home or in atypical environments and not in
standard work situations, without any form of social control by peers or representative
bodies and with only online contact with the platform and/or with the customer, and
these appear to be factors that may create environments in which discrimination may
more easily remain unnoticed and hence under-reported. The economic dependency of
the platform worker on the platform or on the income gained through the platforms may
furthermore discourage reporting by victims who are often already in a precarious work
situation. The typical triangular relationship characterising platform work and the often
unclear relationships between the three actors may also blur liability and accountability
lines where discrimination is concerned. Platform apps that allow direct evaluation by
clients of the platform worker’s performance may also trigger discriminatory approaches
with sometimes direct consequences for the platform worker’s job prospects in case they
are being rated lower on discriminatory grounds. Discrimination may take other forms
than those known about in more traditional business sectors and that occur digitally and
only online. Cyber-harassment and violence target significantly more women than men.
The flexibility of the work organisation - the freedom to choose whether to accept a job
and decide when to perform it - is often used to argue that platform businesses are
offering exactly those work opportunities for groups of persons who otherwise would not
participate in the labour market. The reality may, however, be much more nuanced
when one considers the often very low payment rates combined with the low job security
and the high competition between platform workers who are working for the same
platform. Women may be particularly affected, and out-of-real-life platform practices
may imply that they have fewer opportunities to access work because of requirements,
for example, to be reachable at all times or to work at inconvenient hours. This may
further hamper the work-life balance of women who are still for the most part the main
caregivers. But other categories of workers may also be subject to unequal treatment,
especially when considering the very low pay and protection of platform jobs. Focus
groups that were held under the present research pointed to the very fast-changing
composition of the platform workers of a food delivery company, which at first mainly
contracted students, but which is now being staffed primarily by foreign low-skilled
workers.
The equal treatment provisions concerned with the employment context apply to
workers in general and hence also to platform workers who are classified as ‘workers’.
Platforms which are employing platform workers have to ensure that there is no
favourable treatment of certain categories of workers compared with others in a
comparable situation on grounds of their gender, age, disability, racial or ethnic origin,
religion or belief or sexual orientation. These equal treatment provisions apply to the
recruitment procedures but also to the working conditions and the remuneration of the
platform workers, their access to vocational training and membership of representative
organisations. Self-employed platform workers are covered by these equal treatment
318
Report on gender equality and the collaborative economy, European Network of legal experts in gender
equality and non-discrimination, March 2018
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provisions only with regard to conditions for access to self-employment and to
occupation, and membership of an involvement in an organisation of employers.319
What about in cases where platforms’ apps or its subscription or recruitment procedures
treated certain platform workers more favourably than others by setting age conditions
or requiring general ICT skills? Would the former be challenged under the Employment
Directive as a direct discrimination on grounds of age and the latter under the Gender
equality in employment Directive as an indirect discrimination of women, since women
are significantly underrepresented in ICT-related education and jobs? What about the
situation of self-employed platform workers? Directive 2010/41/EU ensures equal
treatment on the basis of gender for the self-employed but it remains rather vague as to
its material coverage by referring only to ‘for instance the setting up of a self-employed
activity’ without referring to the actual execution of that self-employed activity.
The directives which aim to ensure equal treatment in the employment area use various
concepts that are based on more traditional employment contexts. Platform work and
practices challenge these concepts because of specific features that characterise the
different stages of the platform ‘employment cycle’, for example the initial ‘recruitment’,
work allocation and work organisation, performance evaluation and contract termination.
The question emerges as to how to apply non-discrimination legislation to platform work
practices. Platform work ‘recruitment’ is often limited to purely online account
registration with no human intervention. Discriminatory approaches may sneak in if
account registration denials disfavour particular groups of persons on grounds of, for
instance, age or disability. Such a denial could be considered as being covered under the
directives and be prohibited, provided that there is an employment contract or
relationship. A self-employed platform worker in such a situation does not have recourse
to the directives concerned. Work allocation practices in platform work are atypical (on-
demand contracts, zero-hour contracts) and based on (semi)automated decision-making
that often reflects the outcome of clients’ evaluations. Platform workers who have an
employment relationship with the platforms can rely on the directives, but their concrete
relevance can be questioned in such cases - an employer can hardly be forced to ensure
that there is actual work for the platform worker concerned. Discriminatory approaches
can, however, sneak in when performance evaluations are based on clients’ subjective
opinions and are processed in these automated work allocation mechanisms. That the
directives ensure equal treatment when pay and dismissals are concerned heightens
both issues for platform workers. The concept of dismissal in traditional labour law
implies full termination of an employment relationship on the initiative of the employer.
In platform work practices, very different modalities of termination exist which may or
may not be considered as equivalent measures of ‘dismissals’, such as access denial,
temporary or more permanent suspension, reduced allocation of tasks or volume of
work, or account closure.
Both Directive 2000/43/EC and Directive 2004/113/EC ensure equal treatment in access
to goods and services which are publicly available. In a situation where a platform is only
providing information society services to connect the platform worker and the customer,
this digital service appears to be part of the material coverage of both directives and
equal treatment on grounds of gender and race or ethnic origin needs to be ensured.
The provisions would in such cases cover the relationship between the platform digital
service provider and the platform worker as the former is providing services that are
publicly accessible. The provisions also cover the relationship with the clients or
consumers who buy goods or services through the digital application. In cases of
discriminatory approaches when offering these goods and services, the question is raised
as to whether it is the platform, the platform worker or both who are liable and
accountable.
319
Note that Directive 2000/43 and 2004/113 have a broader scope, also covering access to and supply of
goods and services available to the public.
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Of particular interest is the triangular relationship characterising platform work and the
use of performance rating systems which function on the basis of clients’ evaluations.
When customers assess the provider’s performance, discrimination may occur, with
sometimes far-reaching consequences for the platform worker’s new job prospects. This
may happen in cases of on-location platform work where there is personal contact
between the platform worker and the client, but also in online platform practices.
Evaluations and rankings may be kept internal but still result in lower chances for new
work for the individual platform worker, or if such evaluations are shared publicly they
may lead to more systemised discrimination by other or potential new customers.
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The P2B Regulation 6.1.5
Introduction
On 20 June 2019 the Platform to Business or P2B Regulation on promoting fairness and
transparency for business users of online intermediation services was adopted.320 This
new EU Regulation was not included in the original scope of this study because it does
not concern working conditions or social protection as such and is not part of the EU
labour and social acquis.
The material provisions of the Regulation, however, bear some clear similarities with the
subject of our analysis. It aims equally at regulating a triangular relationship in
which digital applications or platforms ‘intermediate’ between a professional
(which possibly could be a platform worker) and the end consumer or client. As the title
of the P2B Regulation suggests, its material provisions mainly focus on the relationship
between the platform and the ‘business user’ and on the conditions applicable to this
relationship. As set out below, the business user is not a worker or employee of the
platform, but an independent professional or legal person. In accordance with the
definitions used in the study, self-employed platform workers can be considered
as business users in the meaning of the Regulation, which would imply that the
material provisions are applicable to the contractual relationship between the platform
and the self-employed platform worker.
For these reasons a comparison between the provisions that apply to an employment
relationship/contract between a platform and a platform worker (with the status of
worker) and those that govern a contractual relationship between the same platform and
self-employed platform workers can be fruitfully explored, and we present a preliminary
analysis.
Personal and material scope of the P2B Regulation
The purpose of the P2B Regulation is to contribute to the proper functioning of the
internal market by introducing rules that ensure that business users of online
intermediation services are granted appropriate transparency, fairness and effective
redress possibilities.321 The P2B Regulation applies from 12 July 2020 and is directly
applicable in all Member States.
The Regulation therefore applies to a very particular type of platform work as
defined for the purposes of the present study, that is, platform work which is
facilitated by online intermediation services. Not all online intermediation services fall
within the scope of the Regulation nor are all online intermediation services covered
under the Regulation necessarily involving platform work as defined under the present
study.322,323 The Regulation concerns only online information society services which
facilitate the initiating of direct transactions between business users and consumers
320
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services (OJ L186/57 11.07.2019)
321 The Regulation equally applies to online search engines which ‘corporate website users’ are dependent on
for the promotion of their goods and/or services among the ultimate consumers.
322 Examples of online intermediation services include online e-commerce market places, online applications
services, such as application stores, and online social media services, irrespective of the technology used to
provide such services.
323 Moreover, not all types of platform work or businesses which are facilitated by online applications are
information society services. In its judgment ‘Asociación Profesional Elite Taxi v Uber Systems Spain SL’, case C-434/15 (20.12.2017), the CJEU held that the service that was offered by Uber and which is connecting individuals with non-professional drivers are services in the field of transport and not information society services. Consequently, these services are to be excluded from the scope of the freedom to provide services, the Directive on services in the internal market and the Directive on electronic commerce. It is the Member States that can regulate the conditions under which such services can be provided.
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(irrespective of whether the transaction has effectively been concluded and regardless of
the form of the transaction, which does not need to be based on a contract between the
business user and the consumer) and which are provided on the basis of a contractual
relationship between the provider of the intermediation services and the business users
which offer goods or services to the consumers.324 As a consequence not all online
platform businesses and hence platform ‘work’ are covered under the scope of the
Regulation. Critical in this respect is the assessment of whether the platform’s service is
an information society service or not. Such an assessment seems to be closely
connected with the questions as to (1) whether the platform is operating in a particular
business sector or only providing information society services in support of other
(individual) service providers with a view to connect the latter with their clients or
customers, and (2) whether the platform is an employer of that individual service
provider or not, in which case there is only a business relationship between the platform
and the independent service provider. The very question of whether the digital
applications and platform businesses are pure information society services, or are part of
other business sectors such as transport or cleaning, has been the subject of much
contestation and court rulings across the EU.325
Business users are ‘any private individual acting in a commercial or professional capacity
or any legal person who/which, through online intermediation services, offers goods or
services to consumers for the purposes relating to its trade, business, craft or profession
(Article 2(1)). The notion of consumer refers only to natural persons, where they are
acting for purposes which are outside of their trade, business, craft or profession (Article
2(4)). Pure peer-to-peer intermediation services, without the presence of business
users, and business-to-business intermediation services for goods and services which
are not offered to consumers, are not covered under the Regulation.326
A self-employed platform worker who offers their services through the online
intermediation of an app to a private person not acting in a professional capacity
appears to be included within the scope of the Regulation: this may be a self-employed
person who provides services on location, for example plumbing services or
childminding, or from a distance and purely online, for example graphic design or
advisory services. Less clear is the situation of self-employed platform workers who
offers their services to both private consumers and to companies and ‘individuals who
act for the purposes of their trade, business, craft or profession’, for example cleaning or
accounting.
The Regulation applies to all providers of the online intermediation services regardless of
whether they are established in or outside the EU on two cumulative conditions: the
business users have to be established in the EU, whereas the ultimate consumers, who
are targeted by the business users when selling their goods or services, have to be
located in the EU irrespective of their place of residence or nationality.
Whereas the new Regulation is not directly concerned with working conditions and social
protection of platform workers stricto sensu, its provisions have a direct impact and
hence relevance for the ‘contractual relationship’ between a business user who is a self-
employed platform worker and the platform offering online intermediation services,
provided they are covered by the scope of the Regulation. The main purpose of the
Regulation is to ensure that business users, who in practice are the persons who are
depending on the platform’s intermediation services to be connected with consumers
with the aim of concluding a transaction and hence delivering goods or providing
324
Recital 10: such a contractual relationship should be deemed to exist when both parties have expressed
their intention to be bound in an unequivocal manner on a durable medium without an express written agreement being required
325 Judgment of the CJEU, case C-434/15 (20.12.2017), op.cit.
326 Recital 11
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services to these consumers, are treated in a transparent and fair way and that they
have access to effective redress in case of disputes.
Platforms or the providers of online intermediation services have to have ‘terms and
conditions’ that are clear and available to the business users during all stages of their
commercial relationship and hence also before they enter into an effective contractual
relationship. The terms and conditions must state the grounds for decisions to
suspend, terminate or impose any other kind of restriction upon the provision of
the online services to the business user. The providers shall also notify the changes to
the terms and conditions on a durable medium and a notification period of minimum 15
days needs to be respected while allowing the business user to terminate the contract
before the expiry of this notification period.
Furthermore, providers of online intermediation services are obliged to establish a free
of charge internal complaint-handling system and identify two or more impartial
and independent mediators who can be engaged for dispute settlement in case the
matter is not resolved following the internal complaint-handling system. The internal
complaint procedure is especially relevant for platform workers challenging customer
ratings. The Regulation finally reserves the right of representative organisations or
associations of business users, as well as public bodies that are set up in the Member
States, to take providers of online intermediation services to court in case of non-
compliance with the requirements it sets out. Such organisations or associations shall be
set up in accordance with national legislation, be not-for-profit, and pursue objectives
that are in the collective interest of the business users. Member States can also
designate existing organisations. Lists of the designated organisations and associations
have to be communicated to the Commission.
Comparison between the Directive on Transparent and predictable working conditions and
the P2B Regulation
The TPWC Directive and the P2B Regulation (the P2B) were both adopted in summer
2019 but for varying policy concerns. Both legal instruments contain nonetheless very
similar approaches and material provisions when it comes to the conditions that have
to be respected by platform businesses in their contractual relationship with
professional individuals who are making use of the digital apps when delivering
their services. However, the core legal difference between them, being their legal
nature, must be acknowledged. On the one hand, directives are binding as to the result
to be achieved by each Member State to which it is addressed, but leave the choice of
form and methods to the national authorities.327 Regulations, on the other hand, have
general application, are binding in their entirety and are directly applicable in all Member
States.328
The TPWC Directive aims at improving transparency and predictability in the working
conditions for all workers, while it also introduces new material provisions and labour
rights. Platform workers are included in the personal scope of the Directive as long as
they have an employment relationship with a platform/employer (which is determined by
national law, practice or collective agreement and with consideration of the CJEU case
law). It does not apply to the self-employed (including platform workers). The P2B
equally aims to increase the transparency and fairness in the contractual relationships
between a platform and professionals (business users, be they individuals or legal
persons), but the latter are not in an employment relationship with the platform. Insofar
as they provide services, individual business users could have the status of self-
employed platform workers as defined for the purposes of this study.
327
Article 288 TFEU
328 Article 288 TFEU
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In a study concerned with the working conditions and protection of platform workers
irrespective of their labour market status, a comparison between the two EU
instruments, while acknowledging their different objectives and scope of application,
seems therefore appropriate. In what follows, an attempt is made at such a comparison
with a view to drawing some relevant conclusions, even if preliminary and not all-
embracing.
Platform ‘work’ as defined in the study typically concerns triangular relationships
between a platform (the possible ‘employer’ or possible ‘provider of online intermediation
services’), the platform worker (the possible ‘worker’/‘self-employed’ or the possible
‘business user’) and the client (the possible ‘consumer’).
Table 16: Comparison between the Directive on transparent and predictable working
conditions and the P2B Regulation
Directive on transparent
and predictable working conditions
P2B Regulation
Personal scope Workers who have an
employment relationship or
contract (including platform
workers who are ‘workers’ but
excluding self-employed platform workers)
Business users (including self-
employed platform workers who are
‘business users’), who have a contract
with providers of online intermediation
information society services (platforms)
Obligation and
provision of information
Art. 3-4
Essential aspects of the
employment relationship to be provided
Art. 3 & Art. 8
Terms and conditions
Timing and means info
Art. 5
In written (paper or electronic
form) within one week or one
month after start employment
Art. 3
Must be available at all stages of the
contractual relationship on a durable
medium (including in pre-contractual stage)
Modification contract
Art. 6
Written document provided at
the earliest opportunity and at
the latest on the day it takes effect
Art. 3 (2) & Art. 8 (a)
Notification period of at least 15 days
Parallel ‘work’ Art. 9
Employers cannot prohibit
work for another employer (only on objective grounds)
Art. 10
Restrictions have to be mentioned in the terms and conditions
Restriction/
suspension/
termination/
dismissal/
equivalent measure
Art. 18
‘dismissals or equivalent’;
Written reply with duly
substantiated grounds for the
dismissal or equivalent
measures upon request from
platform workers; change of burden of proof to platforms
Art. 3 (1) (c) & Art. 4 & Art. 8
Grounds for
restriction/suspension/termination
must be mentioned in terms and
conditions; written statement; prior
notification in case of suspension and
at the latest on the day it takes effect;
30 days notification in case of
termination; conditions under which
platform workers can terminate the
contractual relationship must be mentioned in the terms and conditions
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Redress Art. 16-17
Right of platform workers to
bring complaint before court
or competent authority; right
to redress
Art. 11-14
Internal complaint-handling system,
mediation, special mediators, judicial
proceedings by representative
organisations or associations and by public bodies
Both instruments contain provisions that govern the contractual relationship between the
platform and the platform worker and install an obligation on the side of the
platform to provide information concerning the contractual relationship in
writing and to make that information available to the platform worker at certain
times. The P2B uses the concept of the ‘terms and conditions’, while the TPWC Directive
lists the type of information that has to be at least provided in writing to the platform
worker by enumerating the essential aspects of the employment relationship.
The terms and conditions have to be easily available at all stages of the commercial
relationship and hence also in the pre-contractual stage, that is, before they make use
of the services provided for by the platform. The terms and conditions have to be written
in a plain and intelligible language. The TPWC Directive on the other hand requires
that the information is provided either within one week or within a month after the
start of the employment, and does not specify that this information must be presented in
an accessible way, as is the case under the P2B. Under the Directive platform workers
may already have started their employment before they are informed about the essential
aspects and no reference is made to the obligation to have a contract and hence
agreement on the essential aspects prior to the start of the employment.
The P2B requires that the terms and conditions include information on the grounds for
decisions to suspend, terminate or impose any other kind of restrictions upon, in
whole or in part, the provision of their online intermediation services to the platform
workers. This is a matter of particular relevance for platform workers who are confronted
with various forms of account termination such as access denials prior to the start of the
co-operation, (temporary) suspension or closures of accounts, reduced access to work
assignments, and indefinite termination of the accounts. Under the Directive, a similar
obligation is absent from the list of essential aspects of the employment relationship the
employing platform is bound to provide information about. The Directive does, however,
contain other information requirements that are specifically relevant for an employment
relationship, such as the working time, payment and place of performance.
Changes and modifications to the contractual terms between the platform and the
platform worker are differently addressed under the Directive and the Regulation. With
regard to the modifications of contractual provisions, the P2B specifies a notification
period of 15 days and excludes the possibility for any retroactive change. Changes can
only be applied once the notification period has expired and terms and conditions (or the
specific provisions thereof) which do not comply with these requirements are considered
null and void. The notification period can even be longer when this is necessary, to allow
the platform workers to make technical or commercial adaptations to comply with the
changes. The self-employed platform worker has the right to terminate the contract
without consequences during the notification period. The TPWC Directive on the other
hand states that in case of any change to the essential aspects of the employment
relationship a document must be provided at the earliest opportunity but at the latest on
the day that the change takes effect. In other words, the P2B ensures that changes to
the contractual relationship are being notified to the platform worker in advance, hence
allowing the platform worker to react. This appears not to be the case under the
Directive, which provides that the written document introducing the changes can be
supplied on the day it takes effect.
Under the Directive, Member States have to ensure that employing platforms cannot
prohibit workers from taking up employment with other employers outside the work
schedule established with that employer. Member States may regulate conditions for the
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use of incompatibility restrictions by employers on objective grounds such as health and
safety, protection of business confidentiality, the integrity of public service or the
avoidance of conflicts of interests. When platforms operating under the P2B are
restricting the ability of platform workers to offer the same services to consumers by
other means than through their online services, they are obliged to mention the grounds
for such restrictions in the terms and conditions, and the grounds shall include the main
economic, commercial or legal considerations for those restrictions. The obligation shall
not, however, affect prohibitions or limitations on the imposition of these restrictions
that result from the application of other acts of EU or national legislation to which the
platforms are subject. Both instruments seem to allow platforms to impose certain
restrictions on the possibility of platform workers offering their services through/to other
platforms or business under certain conditions.
In what regards the suspension or termination of the contractual relationship, the
Directive provides protection to the platform worker from dismissal on the grounds that
they have relied on one of the rights in the Directive. Platform workers who consider that
they have been dismissed or been subject to equivalent measures on grounds that
they have exercised their rights provided for in the Directive have the right to request
duly substantiated grounds for the dismissal or equivalent measures, which the platform
has to provide in writing. The platform has the burden of proof when the case is
submitted to the court or competent authority. The P2B, on the other hand, demands a
statement of reasons from the platform prior to or at the time of the suspension or
restriction to be provided on a durable medium. If the platform decides to terminate the
provision of its online services to a platform worker, the platform is obliged to provide a
statement of reasons at least 30 days prior to the termination on a durable medium.
Moreover, as already mentioned, the potential grounds for suspension/termination must
be included in the terms and conditions. The P2B appears to be more specifically
oriented to the different modalities of a possible account interruption platform workers
are confronted with in practice, while the TPWC Directive’s focus is predominantly on the
termination of the contractual (employment) relationship (in spite of the inclusion of the
concept of equivalent measures). The P2B requires platforms to have an internal
complaint-handling system, which has to be used in cases of suspension or termination
when the platform worker desires. The Directive remains silent on the obligation of the
platform to notify the platform worker in advance when a termination or suspension is
considered, but requires that the platform provides a written justification ex post and
upon request of the platform worker (without, however, specifying the timeline for doing
so).
In terms of administrative and judicial redress in cases of disputes between the
platform worker and the platform, the Directive requires Member States to ensure that
(platform) workers have access to effective and impartial dispute resolutions and a right
to redress in case of infringements of their rights arising from the Directive. Member
States have to take measures necessary to protect workers, including those who are
workers’ representatives, from any adverse treatment by the employer (platform) and
from any adverse consequences resulting from a complaint lodged with the employer or
resulting from any proceedings initiated with the aim of enforcing compliance with the
rights provided for in the TPWC Directive. The P2B, however, appears to consider judicial
dispute settlement before courts as a means of last resort. It requires platforms to have
an internal system for handling complaints from the platform workers, the access to and
the functioning of which has to be described in the terms and conditions. Platforms are
furthermore obliged to identify two or more mediators in the terms and conditions,
whom they are willing to engage with a view to reaching an agreement in case of
disputes with the platform workers. Platforms are furthermore encouraged to set up
specialised organisations aimed at providing mediation services for the specific purpose
of facilitating out-of-court dispute settlement. Finally, the P2B envisages a role for
organisations and associations representing the interests of platform workers as well as
for public bodies to take action before national courts in case of non-compliance by
platforms.
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Further differences between the TPWC Directive and the P2B Regulation which have
relevance for the working conditions of platform workers can be discerned. The P2B
contains a provision on ranking systems in its Article 5. Platforms are obliged to set
out in the terms and conditions the main parameters determining the ranking of
platform workers as well as the reasons for the relative importance of these main
parameters in comparison with others. However, platforms are not required to disclose
the algorithms. The P2B also has a data protection provision under its Article 9, which
states that the terms and conditions must contain a description of the contractual and
technical access that platform workers have to personal and other data provided by
platform workers and consumers when using the online services. The description in the
terms and conditions has to contain information on whether the platforms have access to
personal and other data that are provided by the platform workers and the consumers
and whether any data are provided to third parties. The P2B encourages the drawing up
of codes of conduct by the platforms in cooperation with (representative organisations
of) the business users/self-employed platform workers.
Platform work and the General Data Protection Regulation 6.1.6
As established in Section 4,329 data protection is an important issue in the context of
platform work and has been identified as such in the literature and by many of the
experts and stakeholders consulted in the fieldwork. Platforms rely heavily on the
processing of personal data, including behavioural data, from platform workers to enable
automated or semi-automated decision-making.330 The gathering of (personal) data is
done through complex computational processes. The subsequent enormous data flow
and constant digital monitoring allows for a deep intrusiveness into the lives of platform
workers which is in no way comparable to traditional working relationships. Moreover,
the decisions which are based on this data collection and processing are mostly
implemented by automated or semi-automated processes with minimal human
involvement. Another challenge related to data protection are the rating and review
systems, which result in a ranking of the individual platform workers. The assignment of
the next task by the app’s algorithms is for several platform workers directly linked to
the ratings and reviews they receive from the customers through the platforms’ digital
applications. What’s more, bad scores or a performance below the algorithm’s standards
can lead to a lower ranking in the pick-order for new assignments and in some cases to
the temporary or permanent exclusion (‘deactivation’ or delisting) of the platform worker
from the platform.
The GDPR331 lays down rules relating to the protection of natural persons with regard to
the processing of personal data (Article 1(1)). It provides platform workers with a range
of rights concerning their personal data. These rights are inter alia the right to be
informed if, how, why and by whom your data are being processed; the right to
access and get a copy of your data; the right to have your data corrected or
supplemented if it is inaccurate or incomplete; the right to have your data deleted or
erased; the right to limit or restrict how your data are used; the right to data
portability; the right to object to processing of your data; and the right not to be
subject to automated decisions without human involvement, where it would
produce legal effects concerning him or her or similarly significantly affects him
or her.
329
See 4.5.3: Challenges related to data protection
330 A. MATEESCU and A. NGUYEN, “Algorithmic management in the workplace”, Data & Society 2019,
https://datasociety.net/wp-content/uploads/2019/02/DS_Algorithmic_Management_Explainer.pdf
331 Regulation of the European Parliament and of the Council n. 2016/679 of 27 April 2016 on the protection of
natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
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In a landmark test case of the right to access to personal data under the GDPR, four
current and former Uber drivers are currently taking legal actions against the ride-hailing
app in the UK.332 The drivers claim that Uber has breached their rights by declining
access to their personal data Uber holds (Article 15 GDPR). Part of their claim is the right
to access their performance data including personal data concerning their suspensions
from the platform, which would enable them to understand how their performance was
monitored and managed over time. The case illustrates how important a considerable
right to access of personal data is for platform workers and for the protection of their
working conditions.
Article 15 GDPR clearly provides a right to access of personal data. However, what
exactly constitutes ‘personal data’? The GDPR defines personal data as ‘any information
relating to an identified or identifiable natural person (“data subject”) […]’.333 Since the
definition includes ‘any information’, one must assume that the term personal data
should be as broadly interpreted as possible. This broad scope is also affirmed in CJEU
case law334 and in Opinion 4/2007 of the Article 29 Data Protection Working
Party.335,336,337 It is also in line with the general aim of the GDPR, which intends to give
more power to data subjects as regards their personal data. This in turn restores to a
certain extent the power balance between the platform and the platform worker, which
can only influence working conditions in a positive way.
However, this does not imply that issues of enforcement and uniformity of interpretation
won’t arise in the future. Platforms are logically very reluctant to interpret ‘personal
data’ as broadly as they should despite CJEU case law and Opinion 4/2007 of the Article
29 Data Protection Working Party. Moreover, it may very well be that divergent
interpretations of ‘personal data’ among different Member States’ data protection acts
(DPAs) will lead to divergent enforcement levels, again despite the broad and uniform
interpretation provided by CJEU case law, Article 29 Working Party and the GDPR.
The GDPR also contains the right for people not to be subject to a decision based on
automated processing which produces legal effects concerning them or similarly
significantly affects them (Article 22(1)). Many decisions affecting platform workers are
in fact based on automated processing, for example the deactivation or suspension from
their accounts. However, the right not to be subject to a decision based on automated
processing does not apply if it is necessary for entering into, or performance of, a
contract between the data subject and a data controller (Article 22(2)(a)). This
exception seems to apply to the platform economy. Platforms deal with an enormous
quantity of data that is being processed, which makes routine human involvement
impractical or even impossible.
332
See also the Judgment of the Court of Appeal London, Case (2018) EWCA civ 2748, Uber BV vs Yaseen
Aslam, James Farrar and others, (29.12.2018). Uber is currently challenging the decision of the Court of Appeal before the Supreme Court but the four drivers filed a new lawsuit against Uber for withholding data which in their opinion is contravening Article 15 of the GDPR; See also https://www.citylab.com/transportation/2019/08/uber-drivers-lawsuit-personal-data-ride-hailing-gig- economy/594232/
333 Article 4 (1) of the GDPR Regulation
334 Judgment of the CJEU, Case C-434/16, Nowak v Data Protection Commissioner, (09.02.2018),
http://curia.europa.eu/juris/document/document.jsf?text=&docid=198059&pageIndex=0&doclang=EN&mode
=lst&dir=&occ=first&part=1&cid=6035599, par. 33-35
335 Opinion 4/2007 of the Article 29 Data Protection Working Party on the concept of personal data,
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2007/wp136_en.pdf
336 In its informal Opinion 4/2007 on the concept of personal data, the Article 29 Data Protection Working
Party has (more or less) clarified what it entails. In general terms, information can be considered to ‘relate’ to an individual when it is about that individual. Concretely, the data ‘relates’ to an individual when there is a ‘content’ element or a ‘purpose’ element or a ‘result’ element present. These three elements must be considered as alternative conditions, and not as cumulative ones.
337 As of 25 May 2018 the Article 29 Working Party ceased to exist and has been replaced by the European
Data Protection Board (EDPB).
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However, even if automated decision-making is allowed, the platforms are still obliged to
provide meaningful information to platform workers on the existence of automated
decision-making. As it stands, opacity seems to be at the core of these algorithms.338 If
you are a recipient of the output of the algorithms, rarely do you have any concrete
sense of how or why a specific decision has been reached from the inputs.339 One
example is the fact that platform workers are routinely unable to see how their pay rates
are calculated. Similarly, ride-hail drivers are often left clueless as to how the algorithm
assigns their rides.340
Articles 13, 14 and 15 GDPR, which contain information rights for the data subjects, all
state that in ‘the existence of automated decision-making, including profiling, referred to
in Article 22(1) and (4) and, at least in those cases, meaningful information about
the logic involved, as well as the significance and the envisaged consequences
of such processing for the data subject’.
According to Article 29 Working Party341 ‘meaningful information about the logic involved’
means that the platform must find simple ways to tell the data subject about the
rationale behind, or the criteria relied on in reaching the decision. The information
provided should be sufficiently comprehensive for the data subject to understand the
reasons for the decision.342,343 The terms ‘significance’ and ‘envisaged consequences’
suggest that information must be provided about intended or future processing, and how
the automated decision might affect the data subject.344 According to Article 29 Working
Party it means that the controller should provide the data subject with information about
‘the envisaged consequences’ of the processing, rather than an explanation of a
particular decision.345 Real tangible examples of the type of possible effects should be
given to make this information meaningful and understandable.346
In addition, Article 29 Working Party states that the controller should provide data
subjects with general information (…) which is also useful for them to challenge the
decision. In fact, Article 22(3) obliges the data controller to implement suitable
measures to safeguard data subjects’ rights and freedoms and legitimate interest, at
least the right to obtain human intervention on the part of the controller, to express
their point of view and to contest the decision. The minimal safeguards laid down in
Article 22(3) necessarily involve an exchange of views - a dialogue - between the data
subject and the controller.
338
J. BURRELL, “How the machine ‘thinks’: understanding opacity in machine learning algorithms”, Big Data &
Society 2016, 1-12
339 J. BURRELL, “How the machine ‘thinks’: understanding opacity in machine learning algorithms”, Big Data &
Society 2016, 1-12
340 A. MATEESCU and A. NGUYEN, “Algorithmic management in the workplace”, Data & Society 2019,
https://datasociety.net/wp-content/uploads/2019/02/DS_Algorithmic_Management_Explainer.pdf
341 A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018)
342 M. VEALE and L. EDWARDS, “Clarity, surprises, and further questions in the Article 29 Working Party draft
guidance on automated decision-making and profiling”, Computer Law and Security Review 2018, 398-404
343 Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online
intermediation services equally determines that the terms and conditions should contain the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters (article 5). The Regulation furthermore obliges providers of online intermediation services to establish internal compliant handling systems and to appoint at least 2 mediators (article 11 and article 12).
344 Council of Europe. Draft Explanatory Report on the modernised version of CoE Convention 108, par. 75
345 A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018), 26
346 A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018)
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The GDPR, therefore, as interpreted by Article 29 Working Party, does support an
extensive right to an explanation for data subjects. The platforms will need to provide
the platform workers with general information which is useful for them to challenge the
decision. Platform workers will only be able to challenge these decisions or express their
views if they fully understand how they have been made and on what basis.347 Whether
this amounts to a fully-fledged right to an explanation of a particular decision is
debatable, but in any case the information provided to the platform worker must be
sufficient and useful to effectively challenge any decision that affects them (e.g.
deactivating their account). However, it remains to be seen how the platforms will apply
these rules in practice. Issues of enforcement may arise in the future.
Next, the GDPR provides a right to data portability (Article 20 GDPR), which favours the
sharing and transfer of the data between different platforms. If platform workers are
allowed to transfer their personal data to another platform, it could in theory open up
competition in the platform economy. First, it could prevent platform workers being
locked in and bound by one single platform. Effective transfers of data between
alternative platforms would furthermore boost the transparency and fair competition as
it would allow platform workers greater power to choose the platform with the best
working conditions. In other words, it would give platform workers more control over
their personal data, which is one of the cornerstones of the GDPR. The same
considerations are echoed in the Preliminary Opinion on ‘Privacy and Competitiveness
in the age of big data’ of the European Data Protection Supervisor, where it is said
that the right to data portability ‘would potentially empower individuals while also
promoting competitive market structures’.348
Article 20 GDPR provides this right to data portability in a twofold structure. First,
platform workers can obtain a copy of their data ‘in a structured, commonly used and,
machine-readable format’ (Article 20(1)). Second, it provides the right ‘to have the
personal data transmitted directly from one controller to another, where technically
feasible’. Thus, the GDPR clearly provides a right to data portability which would in
theory soften the lock-in effect experienced by platform workers today. However, as
elaborated below, there are still some important barriers to a fully fledged right to data
portability in the current GDPR framework.
First, Article 20(2) GDPR clearly states that the right to have the personal data
transmitted directly from one platform to another is only obligatory where it is
technically feasible.349 This is affirmed in Recital 68 stating that there is no obligation
for the controllers to adopt or maintain processing systems which are technically
compatible. It further states that data controllers should be encouraged to develop
interoperable formats that enable data portability. This is worrying given the fact that
the dominating platforms do not have a real incentive to enable platform workers to
switch to other platforms, as this would jeopardise their own position.
Second, the portability right applies to provided data and to observed data. It does not
apply, as Article 29 Working Group refers to, to the inferred or derived data. Provided
data includes personal data that the platform worker has actively provided to the
platform, for example, the information on the profile that the platform workers have
provided, such as their photos. Observed data are the data provided by the platform
worker by virtue of the use of the app. By this we mean the behavioural data which have
been gathered by observing the platform workers’ behaviour such as activity logs, traffic
347
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018), 27
348 European Data Protection Supervisor, Preliminary Opinion on Privacy and competitiveness in the age of big
data: The interplay between data protection, competition law and consumer protection in the Digital Economy, 2017, https://edps.europa.eu/sites/edp/files/publication/14-03-26_competitition_law_big_data_en.pdf, p 32
349 It is to be feared that without common fixed standards between the platforms, the right to data portability
will have issues in its practical implementation stemming from technical interoperability.
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data, and so on. Finally, inferred data are the data then developed by the platform from
the first two categories. Inferred data are the result from the analysis of the provided
and observed data. In other words, these data are produced by the platform itself (e.g.
through data mining) and on the basis of its own software applications.
The interpretation as to whether the data are provided, observed or inferred is therefore
crucial in opening a right to data portability. Yet it is easy to imagine that the boundaries
between these different kinds of data will be very hard to establish in practice. Let’s
take, for example, the case of reputational data (through ratings and customer reviews),
which is very relevant in the platform economy.
Portability of reputational data (through customer reviews/scores) can be crucial for
platform workers, as the reputation is among the main criteria potential customers will
consider when choosing between different offers on a platform. If a platform worker
needs to start building their reputation from scratch on the new platform, it will only
amplify the lock-in effect on the current platform.
We could easily imagine that the individual customer reviews/scores are part of the
observed data. However, one could at the same time argue that the agglomerated score
is created by the platform itself and forms part of the so-called inferred data which are
not portable to another platform.350
Nonetheless, it is very likely that the distinction between provided, observed and
inferred data will only prove to be a false dilemma the platform worker faces. As
elaborated above, the scope of the right to access (Article 15 GDPR) is very broad and
includes all types of data concerning the platform worker. Thus, under the right to
access, the worker can obtain all data (e.g. reputational data) concerning them. This
includes inferred data. The platform worker can make an access request and then share
it with another platform (provided it does not adversely affect the rights and freedoms of
others). That way, the platform worker bypasses the distinction between provided,
observed and inferred data under the right to data portability.
Finally, the right to data portability ‘shall not adversely affect the rights and freedoms of
others’ (Article 20(4)). In the case of the potential portability of reputational data, this
could be the consumers of the app who expressed their evaluation on the service.351 In
theory, this would permit the platform to refuse a portability request as soon as personal
data of these consumers are involved.352 However, it must be noted that Article 29
Working Group has also tried to extend the application to the data which involve more
than one data subject. Concretely, they have stated that when a data controller
processes ‘information that contains the personal data of several data subjects’, one
‘should not take an overly restrictive interpretation of the sentence “personal data
concerning the data subject”’.
Preliminary conclusions 6.1.7
In what follows an attempt is made to summarise the analysis of the existing EU
legislation concerned with working conditions and social protection on their relevance for
platform work and platform workers. We have tried not to structure the summary on the
basis of the individual legal instruments but have instead taken the labour rights and
working conditions as the main starting point. Before presenting the material
provisions covered by the EU labour and social protection legislation, we first consider
350
L. DRECHSLER, “Practical challenges to the right to data portability in the collaborative economy”,
Collaborative Economy: Challenges and opportunities, 216-235
351 A. INGRAO, “Assessment of feedback in the On-demand era” in Working in digital and smart organizations,
Springer International, Switzerland, 2018, 93-111
352 L. DRECHSLER, “Practical challenges to the right to data portability in the collaborative economy”,
Collaborative Economy: Challenges and opportunities, 216-235
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the main issues related to the personal scope of application of the legislation - the key
challenge typical for platform work.
Personal scope of EU labour legislation and labour market status of platform
workers
EU legislation regulating working conditions and social protection primarily concerns
workers who have an employment relationship or contract. The self-employed are
not covered by the personal scope of application. The classification into the binary divide
between workers and self-employed, for decades the cornerstone of traditional labour
legislation at domestic and international level, is challenged by the growth of platform
work and businesses. The latter is characterised by a triangular relationship between the
platform, the platform workers and the customer, and the prominent role of digital and
automated applications in the work allocation, organisation and appraisal.
EU legislation does not contain a definition of the concept of worker and often refers to
national Member States’ legislation, collective agreements and practices. Through its
extensive case law the CJEU has, however, steered this process, which has resulted in a
gradual development of an EU-wide concept of worker characterised by the
‘subordination’ dimension as one of its main criteria. While most recent EU labour
legislation is now explicitly referring to CJEU case law when it concerns the concept of
worker, it also has clarified that various non-standard forms of employment including
platform work are within its remit. This is the case with the TPWC Directive, which
includes workers who have no guaranteed working time such as those on zero-hour
contracts or some on-demand workers in its scope. However, legal definitions of the
concept of worker still vary between Member States, some of which apply wider
concepts than the EU definition, while others have introduced a third category distinct
from ‘workers’ and self-employed.
The classification of a platform worker as worker or self-employed is ultimately done
by national courts, which will judge on the factual circumstances in which platform
workers are delivering their services and on the concrete operational relationship they
have with the platform and/or with the customer. Subject to an individual case-by-case
assessment of the circumstances of their relationship to the platform and/or to the end
user, self-employed platform workers should be, if found ‘bogus’ or ‘false’ self-employed,
reclassified into workers (in the EU meaning of the concept) on the basis of CJEU case
law, national legislation or court rulings irrespective of the status agreed to by the
contractual parties or by national legislation. Evidence from this study suggests varying
approaches and interpretations between Member States but also within Member States
between different national courts in terms of the labour market classification of platform
workers.
The assessment of the factual circumstances in which individual platform workers are
delivering their services is likely to remain subject to interpretation and hence
considerable national case law, due to the continuous changing business operations in
platform work and modes of cooperation and contracting between the platforms,
platform workers and customers. This especially holds true in situations when the end
user could be classified as an employer as well as the platform, and/or when the
prerogatives of employers are shared between the platform and the end user (firm) as is
the case in crowdwork.
The classification of a platform worker into a worker or self-employed has considerable
consequences in terms of the protection of their working conditions and social risks. EU
labour legislation concerned with individual working conditions and collective rights do
not apply to self-employed platform workers. Social protection arrangements, a prime
responsibility of Member States, have very different access and protection levels for both
categories.
Platform workers who are classified as workers (including bogus self-employed
platform workers) fall within the remit of EU labour legislation.
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Platform workers who are self-employed fall outside of the scope of EU labour
legislation. Individual self-employed platform workers who are economically
depending on a single platform and who have low income from platform work
appear to be the most vulnerable and least protected category of platform
workers when it concerns individual labour rights and social protection.
Platform work and non-standard forms of employment
Workers in non-standard forms of employment, such as part-time, fixed-term and
temporary agency work have over the years been covered by EU legislation that aims to
remove discrimination between these non-standard workers and workers in
full-time employment contracts for indefinite periods of time. The different EU
directives concerning non-standard forms of employment have hence potential relevance
for platform work, being a specific type of non-standard work provided the employment
contract of the platform worker falls within the scope of the directives concerned.
‘Part-time work’, ‘fixed-term work’, and ‘temporary agency work’ are all established
legal concepts enshrined in EU labour legislation, but they have lost most of their
relevance where platform work is concerned because of its wide-ranging application
modes, the often very fragmented breakdown of work in small-scale tasks, and the more
open-ended, on-demand contractual relationships platform workers are in practice
engaged in. The non-standard work directives have therefore a theoretical relevance for
platform workers in an employment relationship, but may need further adjustment to
cater for their actual needs and ensure equal treatment between platform workers in
precarious situations and full-time peers in permanent positions where working
conditions are concerned. The legally required comparison with full-time or
permanent workers in the same job and undertakings, and its fallback option with a
wider comparison in the sector or nationally, often seem to have little practical
relevance because of the absence of a comparable reference point, especially when the
platform business is operating in new business markets.
The Temporary Agency Work Directive regulates a triangular relationship similar to the
one characterising platform work, but it presupposes the existence of a user
undertaking under which direction and supervision the temporary agency worker is
assigned, whereas in platform work the end users are often customers acting in a private
capacity, making the Directive less relevant for those types of platform work. In cases
where the end user is a firm and/or could be classified as an employer (such as in
crowdwork), the Directive can serve as a potentially interesting framework for
application, provided the platform can be classified as the temporary work agency and
the end user as the user undertaking in the meaning of the Directive. However, the
Directive applies only to basic working and employment conditions and Member States
have considerable room to derogate from the equal treatment provisions.
The Part-time Work Directive allows for an exclusion of casual work (but only on
objective grounds and after consultation with social partners), a characteristic feature of
the platform work of many platform workers who consider it a secondary activity, a side
business or as a means to earn income to supplement a main source of income. The
importance of this possibility for Member States to exclude ‘casual platform work’ from
the remit of the equal treatment provisions appears, however, to be somehow
counterbalanced in another related context by restricting this possibility under the TPWC
Directive to very small-scale platform work.
Some of the provisions of the non-standard work directives, should they be applicable to
platform work, appear to be very relevant in order to guarantee minimum levels of
protection for the platform workers, for example the prohibition of unfair dismissals
on the sole basis of the platform work activity’s scale or working time, the possibility to
increase and decrease working hours without the risk of dismissal, the
prevention of abusive practices of successive fixed-term contracts, and access
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to training opportunities, vacancies and career mobility. Member States are also
allowed to implement more favourable provisions.
Individual working conditions
Obligatory information provision on individual working conditions
The new 2019 TPWC Directive is key in advancing the minimum requirements that
employers have to respect in relation to their workers when it concerns their information
obligation. It also introduces some new rights for all workers not previously regulated at
EU level. The Directive covers platform workers as long as they have an employment
relationship and is particularly relevant for them as it contains an information
obligation when work is mainly unpredictable and specific conditions that are applicable
to on-demand contracts.
Employing platforms are obliged to inform their platform workers in writing on the
essential aspects of the employment relationship, and at the latest one week or one
month after the platform worker has started work.
The enumeration of the essential aspects has been extended in comparison with the
Written Statement Directive and has in several ways significant relevance for platform
workers (such as the inclusion of the principle that a worker can freely decide their place
of work as an option, the length of standard working day or week and arrangements for
overtime in case of work patterns that are entirely or mostly predictable, and conditions
that apply in case the work pattern is entirely or mostly unpredictable).
However, there are some aspects characteristic (and considered essential) of
platform work which have not been included into the list of essential aspects of
the employment relationship: information on the existence of potentially harmful
tasks or environment; on the use of equipment, vehicles and tools that are necessary to
conduct work assignments; on the protection in case of work accidents and occupational
diseases; on the collection and processing of personal and behavioural data and data
concerning the work performance; on the use of electronic surveillance mechanisms; on
the evaluation, rating and ranking mechanisms; on possibilities to challenge automated
company decisions that affect the work of the platform worker; on conditions governing
the termination or suspension of the contract; on (internal and/or external) mechanisms
for complaint handling, mediation or dispute resolution; on procedures for advance
notification in cases of suspension or termination, on procedures other than those
related to formal dismissals and the corresponding notice periods (mentioned under
Article 4.2(j)) when the employer is in breach of the contract, such as in cases of non-
payments of particular tasks; on representation rights; on rights to conclude collective
agreements; on the clients and customers, and so on. Most of these enumerated aspects
are of key concern to platform workers and an information obligation on these matters
could be considered timely in the future.
The deadline by which the employing platform has to inform the platform worker on the
essential aspects of the employment relationship is still maintained for a date after the
platform worker has started work. There is currently no obligation for platforms to
inform platform workers on the essential aspects of the employment relation before
they start working.
Any change to the essential conditions has to be notified in writing at the earliest
opportunity and at the latest on the day it is taking effect. Ideally this information
obligation should be set on a date prior to the date it is taking effect.
Of specific relevance for platform work are those provisions that apply in case of mainly
or entirely unpredictable work which specify the conditions the platform has to
respect when initiating an assignment and that grants the right to the platform worker to
refuse the assignment when not all conditions are met. A notice period has to be
respected by the platform and in cases of a late assignment, the platform worker has the
right to a compensation.
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The 2019 P2B Regulation installs a similar information obligation for platforms that
provide online intermediation (information society) services facilitating business users
(including self-employed platform workers) to conclude transactions with private
consumers. Terms and conditions and modifications thereof have to be communicated in
advance and made available to the self-employed platform workers. The modalities of
this information obligation appear to exceed what employing platforms have to adhere to
in relation to their platform workers.
Self-employed platform workers who are not relying on platforms that are purely
providing digital intermediation information society services to consumers, and who are
not subject to a reclassification into workers, appear to be the least protected category
of platform workers in terms of the information obligation vested with the platforms,
when compared to platform workers who have an employment relationship under the
TPWC Directive and to self-employed platform workers under the P2B Regulation.
Protection against ‘dismissal’
Protection against dismissal for workers is ensured under various directives including the
Part-time Work Directive, the Fixed-term Work Directive, the Pregnant Workers
Directive, the Information and consultation Directive and the Work-life Balance Directive.
The provisions under these directives apply to dismissals in the more traditional meaning
of the word, implying a full termination of the employment relationship. Platform
workers who have an employment relationship fall within their scope of application and
are protected under the respective provisions of these directives. When exercising their
rights under the respective directives they enjoy protection against dismissals by the
employers, including while being pregnant or on maternity leave, when breastfeeding
upon return from maternity leave, during or as a consequence of requesting parental
leave, paternity leave or carer’s leave and flexible working arrangements for caring
purposes, and by taking up a representative function in the worker’s organisation.
Platform workers who fall within the scope of the Part-time Work Directive or the Fixed-
term Work Directive cannot be dismissed for the sole reason of having requested
different work schedules. Platform workers are, however, subject to various other types
of measures that have similar consequences for their allocated work volume or work
schedules, such as a temporary suspension or a reduction in work allocation. The
protection of platform workers in such situations does not seem to be adequately
ensured under the directives concerned.
The TPWC Directive has widened the scope of dismissals and also includes measures of
an equivalent nature, which is highly relevant for platform workers with an
employment relationship as it provides protection when they exercise their rights under
the Directive. The Directive does not explicitly require platforms to notify the platform
workers in advance when dismissals or equivalent measures are considered, but as it
concerns a change of the listed essential aspects of the employment relationship, it
needs to be ultimately communicated on the day it is taking effect or the day of
dismissal. Nevertheless, platform workers have the right to ask for a statement of
reasons ex post. The Directive obliges platform employers to reply with duly
substantiated grounds for the dismissal or equivalent upon a request from the
dismissed platform worker. However, no timeframe has been specified which the
platform has to respect when being requested. The Directive ensures that the burden of
proof is on the platform when the dismissal is being challenged before the courts or
competent authorities.
The Directive also explicitly mentions that representatives of workers should be
protected.
Unlike in the case of the P2B Regulation, grounds for decisions to dismiss (in all its
varieties) are not part of the mandatory information provision, and reasons for
dismissals or equivalent measures have not to be communicated within a certain
notice period prior to the dismissal. The P2B Regulation appears therefore to have
more advanced and more customised provisions protecting self-employed platform
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workers relying on the specific types of platforms against the various forms of contract
termination and suspension than that which is currently regulated under the new TPWC
Directive. For self-employed platform workers who fall outside of the scope of the
P2B Regulation and of the Directive, no similar protection against dismissals or
equivalent measures seem to be ensured under current EU legislation.
Working time and rest periods
The organisation of working time is specifically relevant for platform workers, who can
often choose when they work and how much time they want to spend working. The
effective working time platform workers perform can in some instances be very limited
and/or fragmented and it does not always follow logical patterns. But platform workers
can, in practice, equally prefer to stay logged on or work for more hours than those set
as a maximum under the Working Time Directive.
The concept of ‘working time’ as enshrined in the Working Time Directive and interpreted
by the CJEU is profoundly challenged by platform work practices. The same applies to
the concepts of ‘rest breaks’, ‘rest periods’, ‘night work’, and ‘standby time’.
Member States can derogate from most of the provisions of the Working Time Directive
when the duration of working time is not measured and/or predetermined, or when the
working time can be determined by the workers themselves. This is the case for most
platform work practices. It is for the moment unclear if Member States will make use of
the possibility to exclude platform work from the application of the Working Time
Directive.
The TPWC Directive introduces specific requirements employers have to include in the
mandatory written information provision in both instances, when the working pattern
(and hence the working time) is mainly or entirely predictable, or mainly or entirely
unpredictable and establishes specific minimum conditions the employers have to
respect when work patterns are unpredictable, such as determining the reference hours
during which assignments can be requested.
Under the Pregnant Workers Directive, platforms cannot oblige their female workers who
are pregnant or have recently given birth to perform night work.
Right to paid annual leave
The Working Time Directive applies to platform workers who have an employment
relationship with the platforms or the customers. They are entitled to at least four weeks
paid annual leave a year.
Health and safety measures
Health and safety protection is perhaps the most important dimension of any working
relationship, and even more so for platform workers who are providing their services
outside of traditional workplaces and often without proper human supervision. The
health and safety directives apply to workers only, and their provisions relating to the
information provision, training and surveillance are equally relevant for platform workers
in a self-employed capacity, especially in a context where the platforms appear to
deliberately shift risks and the costs for health and safety protection onto the individual
platform workers.
The Pregnant Workers Directive is highly relevant for platform workers who are pregnant
or have recently given birth as it provides for obligatory risk assessments and decisions
about changes to working conditions, hours or even tasks when risks have been
identified. Pertinent questions remain as to how to enforce its provisions in platform
business practices with virtual relationships and little human supervision.
Right to training
The TPWC Directive states that when an employer is required by law to provide training
to a worker to enable them to carry out the work for which they are employed, the
training has to be provided to the worker free of any cost, that the training time
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shall be counted as working time and, where possible, take place during the working
hours. While platform workers who are employed by platforms are entitled to training
when required by national legislation, the same provisions do not apply to self-employed
platform workers.
Right to parallel employment
The TPWC Directive installs the right of (platform) workers to work for a second
employer (outside the work schedule of the employment relationship with the first
employer) and obliges Member States to regulate the conditions for the use of
incompatibility restrictions by the employers. Conflicts of interest or protection of
business confidentiality are mentioned as possible objective grounds by which Member
States can allow platforms to restrict the right to parallel employment.
Limitation of probation period
The TPWC Directive determines that when probationary periods are envisaged under
national law, the probationary period shall not exceed six months, and that in
situations of fixed-term employment, the probationary periods must be proportionate to
the expected duration of the contract and nature of work, but in the case of a renewal of
a fixed-term contract, no new probationary period can be applied.
Right to advance notification and right to refusal when work is unpredictable
Of particular relevance for platform work are the provisions of the TPWC Directive
concerning situations where the work pattern of a worker is entirely or mostly
unpredictable. In such a situation, the worker shall not be required to work unless
two conditions are fulfilled: (1) the work takes place within predetermined reference
hours and days, and (2) the worker is informed by their employer of a work assignment
within a reasonable notice period established in accordance with national law, collective
agreements or practice. When one of the conditions is not fulfilled, a platform worker
has the right to refuse a work assignment without adverse consequences. The worker
even has the right to a compensation when the employer cancels a work assignment
that was previously agreed between the employer and the worker after a reasonable
deadline.
Right to ask for a more predictable work schedule
Under the provisions of the TPWC Directive, workers who have worked for at least six
months with the same employer may request from their employer a form of employment
with more predictable and secure working conditions where available, and are entitled to
receive a reasoned written reply. Employers are obliged to give a reasoned written
reply within one month of the request.
This provision allows platform workers with unpredictable or irregular work schedules
who are employed by the platforms to request a more regular and predictable
organisation of their work.
Right to administrative and legal redress
The TPWC Directive requires Member States to ensure that (platform) workers have
access to effective and impartial dispute resolution, a right to bring a complaint
before a court or a competent authority and a right to redress in case of infringements of
their rights arising from the Directive.
The Directive furthermore establishes that when a worker has not received the
mandatory written information on essential aspects of the employment relationship or on
the modifications thereof, within the time limits that have been set by the Directive,
Member States may either regulate that the workers shall benefit from favourable
presumptions defined by the Member State which employers can rebut and/or ensure
that workers can file a complaint to a competent authority and receive adequate redress
in a timely and effective matter.
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Alternative mechanisms for out-of-court and less costly dispute resolution have as such
not been mentioned in the Directive. The P2B, however, obliges platforms to have an
internal system for the handling of complaints, the appointment of at least two
mediators, and the setting up specialised organisations aimed at providing mediation
services for the specific purpose of facilitating out-of-court dispute settlement. It also
initiates the possibility of establishing not-for-profit associations of business users
(including self-employed platform workers) which can take legal action against the
platforms in case of a breach of their obligations as specified under the Regulation.
Prevention of abusive practices in case of on-demand employment contracts
The TPWC Directive aims to prevent abusive practices concerning on-demand
employment contracts, where the employer has the flexibility to call a worker to work as
and when needed. Member States which allow the use of such contracts are required to
take one or more measures including (a) limitations of the use and duration of on-
demand or similar contracts, (b) a rebuttable presumption of the existence of an
employment contract with a minimum amount of paid hours based on the average hours
worked during a given period, and (c) other equivalent measures that ensure effective
prevention of abusive practices.
It’s abundantly clear that this provision is of high relevance and importance for platform
workers who have an employment relationship.
Right to compensation in cases of a late cancellation
The TPWC Directive installs the right to compensation for platform workers in cases of
a late cancellation by the platform when work patterns are mainly or entirely
unpredictable.
Collective labour rights
Information obligation and consultation
The three collective labour rights directives contain material provisions that are of high
relevance for platform workers in increasingly competitive and globalised markets,
but they also apply to workers only, and are insufficiently adjusted to the peculiarities
platform work is often characterised by, such as the spatial distribution of workers and
workplaces and the virtual relationship between workers and the platform or between
peers.
The right to be informed and consulted on the business performance of the
platforms, the employment forecasts, including possible employment reduction, and
decisions that may affect the work organisation are all very relevant for all
platform workers including those with a self-employed status.
The same applies in cases where platforms consider collective redundancies or decide
to cease activities in a particular market or country. The Information and
consultation Directive and Collective Redundancies Directive definitely have high
relevance for platform workers who are employed by the platforms, but their provisions
appear insufficiently or not at all adapted to the platform work’s digital business
environment, making it relatively easy to circumvent these obligations.
Platform workers should be entrusted with rights regarding informing and organising
structured consultation with other platform workers in platform businesses that are
operating in different Member States or even globally on transnational issues, but
they seem to be insufficiently protected by means of the existing European Works
Council Directive.
Representation and collective bargaining353
353
A reflection paper on the collective rights of platform workers and its relation with EU antitrust legislation is
annexed to the main study.
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Platform workers who are workers or self-employed have a right to set up associations
to represent themselves in accordance with international labour law. Collective
agreements concluded by representative bodies of workers with employers in view of
improving their working conditions are not considered a breach of EU competition rules.
This follows rulings by the CJEU, which has also extended this approach to the ‘false’
self-employed in its case law, thereby using the ‘dependency’ criterion instead of the
traditional ‘subordination’ criterion, which is key for determining the EU concept of a
worker in EU labour legislation.
However, the collective bargaining capacity of associations of self-employed platform
workers may be affected by the EU antitrust legislation, which prohibits agreements
between undertakings or decisions of associations of undertakings that prevent, restrict
or distort free competition in the internal market. Since the self-employed are
considered as undertakings, agreements they or their representative bodies are
concluding with other undertakings, such as the platforms covering, for instance, their
fee minimum rates or supplementary pension schemes, may be considered as limiting
free trade and competition and a breach of EU antitrust legislation. ‘Collective’
agreements that are not interfering with the competition acquis, such as those that
govern the terms and conditions applicable to the contractual relationship between the
parties on matters dealing with the obligatory information provision, data protection or
rating systems seem possible, however.
Protection in case of insolvency of the employer
The Insolvency Directive aims to regulate the functioning of the guarantee institutions
while ensuring the rights of employees that their claims arising from their employment
contract will ultimately be paid in cases of insolvency of the platform and at the final
stage of liquidation. The Directive applies explicitly to non-standard forms of
employment, such as part-time, fixed-term and temporary agency work. Platform
workers who have an employment relationship with the platforms are covered in case of
insolvency of the latter, whereas the self-employed are not.
Social Protection
Access to social protection
The Recommendation on access to social protection covers both workers and self-
employed and is particularly relevant for persons transitioning between a different
labour market status and/or between various forms of non-standard work. Member
States are recommended to provide access to adequate social protection and to adopt
minimum standards for the formal and effective coverage, the adequacy and
transparency regarding six statutory branches of social security (when they are
provided by the Member States) for all workers (regardless of the type of employment
relationship) on a mandatory basis, and for the self-employed at least on a voluntary
basis and where appropriate on a mandatory basis.
The Recommendation has some limited or indirect relevance for platform workers. As
one of the types of non-standard work, platform work performed under an employment
relationship will benefit from the minimum standards and provisions which aim to reduce
differences in treatment between full-time permanent workers and workers in non-
standard forms of employment (or with atypical careers) when accessing social security
benefits during and after their professional careers. For self-employed platform workers
the Recommendation has some relevance, but its impact may be low, owing to the fact
that the Recommendation is (1) a soft instrument, (2) applies only to some statutory
social security schemes, that (3) are provided in Member States (and hence not to
schemes that do not exist, such as an unemployment protection scheme for self-
employed in many Member States), and (4) their mandatory coverage is not required.
The Recommendation does not apply to social assistance or minimum income protection
schemes.
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Maternity leave, paternity leave, parental leave, carer’s leave, right to flexible
working arrangements for caring purposes
The Work-life Balance Directive, which is repealing the older Parental Leave Directive,
strengthens the right to (paid) parental leave but also introduces new rights such as
(paid) paternal leave, carer’s leave and the right to flexible working arrangements for
caring purposes. Minimum requirements relating to maternity leave are governed by the
(older) Pregnant Workers Directive, and the directives on gender equality in employment
and gender equality of the self-employed. All directives apply to workers, but not to the
self-employed.
As the right to maternity leave and parental leave (contrary to paternity leave), the right
to an allowance during paternity leave and the right to flexible working arrangements for
caring purposes can be made subject by Member States to minimum qualification
periods (one year, one year, six months and six months respectively), issues may arise
as to the application of the Directive for platform workers with very fragmented or
irregular work schedules.
The main concern relates, however, to the enforcement of the directives in the
platform business context, with regard to: the possibility for platforms to postpone the
granting of the parental leave for a reasonable period of time in cases where it would
seriously disrupt the functioning of the business; the prohibition of dismissal when the
platform worker has applied or exercised their rights; no less favourable treatment when
the platform worker returns to their job; the right to more flexible working arrangements
for caring purposes; the right to more flexible forms of parental leave; the maintenance
of rights that were acquired on the moment the leave is exercised; transfer of the
parental leave between the parent platform worker and the other parent; granting of
leave on grounds of force majeure for urgent and unexpected family reasons;
introduction by social partners of voluntary certification systems assessing work-life
balance; the right to antenatal examinations without a loss of pay, and so on.
Non-discrimination of platform workers on grounds of sex, racial or ethnic
origin, religion or belief, age, disability and sexual orientation
EU non-discrimination legislation applies to workers and/or to the self-employed,
depending on the personal scope of the instrument concerned and hence also to
platform workers. Equal treatment on the six main grounds of discrimination (gender,
racial or ethnic origin, religion or belief, age, disability and sexual orientation) should be
ensured in the employment field and provide protection of platform workers during all
stages of the employment in terms of access to employment (including self-
employment), working conditions, vocational training and participation in representative
bodies on the basis of three different EU directives. Platforms cannot directly or indirectly
discriminate against platform workers on the mentioned grounds during the recruitment,
and neither during the assignment nor when considering dismissals. This has particular
relevance for platform work which is often, depending on the type of platform business,
characterised by specific recruitment, work organisation and contract termination
features: online application for registration and opening of accounts, the specific task
allocation and acceptance procedures of piecework, possibilities for temporary
suspension and account deletion. Non-discrimination regarding the remuneration that is
paid to platform workers deserves specific attention given the reportedly low payment
rates in some specific types of platform businesses which may disproportionally be
relying on specific categories of workers, such as women or persons with a different
ethnic origin. As the notion of ‘pay’ has been given a wide interpretation by the CJEU and
is not only confined to the basis salary as such, this may be of particular relevance for
some types of platform work with more complex payment modalities. The concept of
‘dismissal’ is furthermore challenged by platform work practices in cases of access
denials, temporary suspensions, reduced work allocation and account closures, which are
often based on (semi)automated decisions that are in turn based on clients’ subjective
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evaluations. Discriminatory approaches can sneak into such digital work allocation
mechanisms.
Platform workers often perform their services individually, at home or in atypical
environments rather than standard work situations, without any form of social control by
peers or representative bodies and with only online contact with the platform and/or
with the customer. This may create environments in which discrimination may more
easily go unnoticed (and hence under-reported). The economic dependency of the
platform worker on the platform or on the income gained through the platforms may
furthermore discourage reporting by victims who are often already in a precarious work
situation. The typical triangular relationship characterising platform work and the often
diffused relationships between the three actors may furthermore blur the lines of liability
and accountability where discrimination is concerned.
The directives concerned with equal treatment on the basis of gender in self-
employment and in social security do not seem to pose specific challenges for platform
workers.
Gender and race discrimination regarding access to goods and services that are publicly
available is also prohibited. The prevailing provisions seem to be relevant for platform
business in two dimensions: access to the platform service itself (from the perspective of
the platform worker and/or from the end user) as well as access to the services provided
by the platform workers through the platforms. The widespread practices of client
evaluations in platform work and its consequences for subsequent work allocation
deserves special attention, as discriminatory approaches based on subjective opinions of
end users may sneak in. In cases where platform work is delivered to end users through
the digital platforms, questions arise as to whether the platform and/or the platform
worker are liable and accountable when discrimination would occur.
Equal treatment of platform workers irrespective of their gender, religion or belief, racial
or ethnic origin, disability, age or sexual orientation has not yet been the subject of
extensive studies, and more dedicated research is needed. Whereas platform work may
create job opportunities for those who are constrained to enter or participate into the
traditional labour market, and is conducive to a more flexible organisation of one’s work,
our findings point to the risk of low pay rates, job insecurity and low protection levels of
some types of (both on-location and online) platform work, especially those that require
low skills for the execution of small-scale and/or repetitive tasks. This may disfavour
particular categories of workers.
The situation of women is of particular interest given that STEM and ICT education and
jobs are still male dominated, care responsibilities are primarily taken on by women and
cyber-harassment disproportionally affects women.
Other issues relevant for platform workers
Platforms rely heavily on extensive data collection of platform workers to enable
automated or semi-automated decision-making. This enormous data flow allows for a
deep intrusiveness into the lives of platform workers, which is in no way comparable to
traditional working relationships. The GDPR provides the platform worker with a range of
rights concerning their personal data such as a right to access of personal data. The
GDPR defines personal data as ‘any information relating to an identified or identifiable
natural person (“data subject”) […]’. The term ‘personal data’ should be as broadly
interpreted as possible. This broad scope is also affirmed in CJEU case law and in an
Opinion of the Article 29 Working Party.
Second, in line with GDPR provisions, in particular the transparency principle, the
platforms will need to provide the platform workers with information which is
concise, transparent, intelligible and in easily accessible form, using clear and
plain language. In other words, the information provided to the platform worker must
be sufficient and useful in case they would want to effectively challenge the decision
affecting them (e.g. deactivation of the account). Again, the lack of relevant case law
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leaves it uncertain as to how these information requirements will practicably be played
out for platform workers. Issues of enforcement may arise in the future.
Finally, the GDPR installs a right to data portability, which allows platform workers to
transfer their (provided and/or observed but not the inferred) personal data or work
history to another platform. It must be noted that this distinction between provided,
observed and inferred data will be hard to establish in practice. For instance, the
individual customer reviews/scores may be considered part of the observed data, but it
could also be argued that the agglomerated score is created by the platform itself and
forms part of the inferred data, which are not portable to another platform.
Nonetheless, it is very likely that the distinction between provided, observed and
inferred will prove only a false dilemma for the platform worker. Under the right to
access (Article 15 GDPR), the worker can obtain all data concerning them (e.g.
reputational data). This includes the inferred data. The platform worker can make an
access request and then share it with another platform (provided it does not adversely
affect the rights and freedoms of others). That way, the platform worker bypasses the
distinction between provided, observed and inferred data under the right to data
portability.
The algorithmic management, automated decision-making in work allocation and client-
induced rating systems are generally of high concern for platform workers, regardless of
their labour market status, and appear to be key challenges that are not yet sufficiently
or systematically tackled. The right to fair and transparent evaluation and rating systems
is in this regard a priority for individual platform workers, irrespective of their
employment status.
The recent P2B Regulation (which is applicable to a very specific type of platform and
used by, among others, self-employed platform workers) has tackled part of these
challenges to some degree. It establishes that the terms and conditions should contain
the main parameters determining ranking and the reasons for the relative importance of
those main parameters as opposed to other parameters. Platforms are nevertheless not
required to disclose the algorithms. The P2B also has a data protection provision, which
states that the terms and conditions must contain (1) a description of the contractual
and technical access that platform workers have to personal and other data which are
provided by platform workers and consumers when using the online services, and (2)
information on whether the platforms have access to personal and other data that are
provided by the platform workers and the consumers, and whether any data are
provided to third parties. The P2B encourages the drawing up of codes of conduct by the
platforms in cooperation with (representative organisations of) the business users/self-
employed platform workers. While these provisions are certainly a step forward, they
appear not entirely sufficient in ensuring adequate protection of individual platform
workers. Moreover, as they apply to information society services only and to a specific
category of self-employed platform workers, it appears this specific category of self-
employed platform workers is, in some crucial domains, better protected than platform
workers who are employed by platform businesses and other self-employed platform
workers who provide services to platforms that are not purely providing online
intermediation services as defined by the P2B.
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Table 17: Overview of working conditions and social protection of platform workers as protected by EU legislation
List of key challenges covered by EU legal instruments Applicable EU legislation Personal scope Relevance Adequacy Issues (+) and (-)
1 Equal treatment non-standard work and standard work
Part-time work Part-time Work Directive Workers Partially Moderate (+) prohibition of unfair dismissals on sole basis of the scale of work or working time (Fixed- term Work and Part-time Work Directive)
Fixed-term work Fixed-term Work Directive (+) protection against dismissal when increasing or decreasing working time (Fixed-term Work Directive and Part-time Work Directive)
Temporary agency work Temporary Agency Work Directive (+) prevention of abusive practices of successive fixed-term contracts (Fixed-term Work Directive and Temporary Agency Work Directive)
(+) access to vacancies, training opportunities and career mobility (Fixed-term Work Directive, Part-time Work Directive and Temporary Agency Work Directive)
(+) recognition of the temporary work agency as an employer (Temporary Agency Work Directive)
(+) more flexible comparator to ensure equal treatment provisions (Temporary Agency Work Directive)
(+) review of existing obstacles by MS
(+) MS may introduce more favourable provisions (Fixed-term Work Directive, Part-time Work Directive and Temporary Agency Work Directive)
(-) concepts (part-time, fixed-term, temporary agency work, pro-rata temporis principle)
(-) concept of the user undertaking (Temporary Agency Work Directive)
(-) comparison with full-time employment in permanent contracts in the same establishment with fallback option to compare more generally (Part-time Work Direcitve and Fixed-term Work Directive)
(-) possibility to exclude casual work (Part-time Work Directive)
(-) limited to basic working conditions (Temporary Agency Work Directive)
(-) derogations by Member States (Temporary Agency Work Directive)
(-) possibility to make access to particular employment conditions dependent on length of service (Part-time Work Directive)
Possibility for Member States to exclude casual work Part-time Work Directive Workers Partially Low (-) possibility to exclude casual work (Part-time Work directive)
Transparent and predictable working conditions Directive Workers High High
(+) limitation of 'casual work' derogation to employment contracts with predetermined working time (guaranteed paid work) of on average maximum 3 hours per week and exclusion of employment contracts where no guaranteed amount of paid work is predetermined prior to start of employment
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Protection against abusive practices Fixed-term Work Directive / Temporary Agency Work Directive Workers Partially Moderate
(+) prevention of abusive practices of successive fixed-term contracts (Fixed-term Work Directive and Temporary Agency Work Directive)
Transparent and predictable working conditions Directive Workers High High
(+) protection in case of on-demand or similar employment contracts requiring MS to adopt measures to prevent abusive practices such as measures limiting use and duration of on demand contract, measures to install rebuttable presumption of the existence of an employment contract with a minimum amount of paid hours or other equivalent measures aimed at the effective prevention of abusive practices
2 Working conditions
Obligatory information provision on essential aspects of employment relationship
Transparent and predictable working conditions Directive
Workers
High
High
(+) obligatory documented and timely information provision within one week or one month after start of employment
(+) specific information obligation in case of mainly or entirely unpredictable work (confirmation of variable work, reference hours, minimum paid guaranteed hours, notice period, right to compensation)
(-) information obligation can be exercised after start of employment
(-) information obligation does not cover all aspects of the employment relationship that are important for platform workers: information on the existence of potentially harmful tasks or environment; on the use of equipment, vehicles and tools that are necessary to conduct work assignments; on the protection in case of work accidents and occupational diseases; on the collection and processing of personal and behavioural data and data concerning the work performance; on the use of electronic surveillance mechanisms; on the evaluation, rating and ranking mechanisms; on possibilities to challenge automated company decisions that affect the work of the platform worker; on conditions governing the termination or suspension of the contract; on (internal and/or external) mechanisms for complaint handling, mediation or dispute resolution; on procedures for advance notification in cases of suspension or termination, on procedures other than those related to formal dismissals and the corresponding notice periods (mentioned under Article 4.2(j)) when the employer is in breach of the contract such as in cases of non-payments of particular tasks; on representation rights; on rights to conclude collective agreements; on the clients and customers
Right to be informed about changes to the employment relationship
Transparent and predictable working conditions Directive
(+) obligatory information provision in case of changes to the essential employment conditions at the latest on the date it is taking effect
(-) no obligation for advance notification as is the case under the P2B Regulation
Right to parallel employment Transparent and predictable working conditions Directive Workers High High (+) employers cannot prohibit parallel employment
(-) incompatibility restrictions on objective grounds are possible such as conflicts of interest and confidentiality considerations
Protection against 'dismissal' (suspension, termination, other restrictions)
Part-time work Part-time Work Directive Workers High Moderate (+) protection against dismissal when increasing or decreasing working time
(-) traditional concept of dismissal
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Fixed-term work Fixed-term Work Directive Workers High Moderate (+) protection against dismissal when increasing or decreasing working time
(-) traditional concept of dismissal
Pregnant workers Pregnant Workers Directive Workers High Low (+) protection against dismissal in case of pregnancy, maternity, when breastfeeding
(-) traditional concept of dismissal
Work-life balance Work-life Balance Directive Workers High Low (+) protection against dismissal in case of paternity leave, carer's leave, flexible working arrangements
(-) traditional concept of dismissal
Information and consultation of workers Information and consultation Directive Workers High Low (+) protection against dismissal for worker's representatives
(-) traditional concept of dismissal
Transparent and predictable working conditions Transparent and predictable working conditions Directive Workers High High (+) protection against dismissal when exercising rights under TPWC Directive
(+) protection against dismissal and measures with equivalent effect
(+) right to receive a statement of reasons on the grounds of dismissal or equivalent
(-) no timeframe specified by which statement of reasons has to be provided
(-) grounds for decision to dismissal or equivalent is not part of mandatory information provision on essential aspects of the employment relationship
(-) a dismissal or equivalent constitutes a modification to the essential aspects of the employment relationship and needs to be communicated at the latest of the date it is taking effect and thus on the date of dismissal; no advance notification as is the case in the P2B Regulation
(-) burden of proof is on the employer when decision is challenged before court or competent authority
(+) protection in case of on-demand or similar employment contracts requiring MS to adopt measures to prevent abusive practices such as measures limiting use and duration of on- demand contract, measures to install rebuttable presumption of the existence of an employment contract with a minimum amount of paid hours or other equivalent measures aimed at the effective prevention of abusive practices
Working time and rest periods
Working Time Directive Workers High Moderate (-) concepts of working time, rest period, rest breaks, night work, standby time
(-) application per contract or per worker?
(-) derogations by MS are possible when duration of working time is not measured or predetermined or when working time can be determined by workers
Transparent and predictable working conditions Directive Workers High High
(+) the mandatory written information provision contains specific minimum conditions related to 'working time' in both cases when work patterns are predictable ('working hours', 'overtime') or unpredictable (determining the reference hours during which assignments can be requested).
Right to paid annual leave Working Time Directive Workers Moderate Moderate (+) right to paid annual leave for at least 4 weeks also applicable to platform workers
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Limitation probation period Transparent and predictable working conditions Directive Workers High Moderate (+) maximum limit to 6 months and provisions for fixed-term contracts
Right to notification and refusal when work pattern is unpredictable
Transparent and predictable working conditions Directive Workers High High
(+) conditions applicable when work patterns are unpredictable are part of the mandatory information provision including notice period and right to refusal
Right to compensation in case of late cancellation by employer when work pattern is unpredictable
Transparent and predictable working conditions Directive Workers High High (+) right to compensation in case of late cancellation
Right to ask for a better work schedule Transparent and predictable working conditions Directive Workers High High
(+) right to request more secure and predictable working conditions after 6 months of service
(+) right to receive written reasoned reply within 1 month after request
Right to training Transparent and predictable working conditions Directive Workers Medium Moderate
(+) training provided by law to be made available free of cost also to platform workers while training time is considered as working time
Health and safety measures Health and safety for fixed-term work Directive Workers High Moderate (-) concepts (fixed-term work)
Pregnant Workers Directive Workers High Low (-) specific situation of pregnancy
(-) enforcement of protective measures under the directives on platform work
Right to legal redress Transparent and predictable working conditions Directive Workers High Moderate (+) access to effective and impartial dispute resolution and right to redress
(+) Member States can apply more favourable rebuttable presumptions in cases when employers fail to submit the written information on the essential aspects of the employment relationship at the beginning of the employment and in case of modifications and/or can determine that workers can file a complaint before competent authorities and receive adequate and timely redress
(+) change of burden of proof in case of dismissals or equivalent measures
(-) absence of specific reference to alternative out-of-court dispute-resolution mechanisms as is the case under the P2B Regulation (internal complaint-handling systems and mediation)
(-) not part of the mandatory information obligation on essential aspects of the employment relationship
(-) no reference to possibility of workers' organisations to be involved in dispute-resolution mechanisms
3 Collective labour rights
Information obligation and consultation
Business performance, employment forecasts, work organisation:
Information and consultation Directive Workers High Moderate
(+) right to have information and consultation on business performance, employment forecasts, work organisation
(-) not adapted to virtual relationships, isolation
(-) lack of representation due to isolation
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Collective redundancies: Collective Redundancies Directive Workers High Moderate (+) right to have information and consultation on collective redundancies
(-) not adapted to virtual relationships, isolation
(-) lack of representation due to isolation
(-) protection in case of withdrawals or cessation of activities
Transnational issues: European Works Council Directive Workers High Moderate (+) right to have information and consultation on transnational issues
(-) not adapted to virtual relationships, isolation
Representation and collective bargaining
Several directives and CJEU case law – EU competition law
Workers High High (-) lack of representation due to isolation
(+) Platform workers who are employed can conclude collective agreements aiming to improve their working conditions and the latter are not considered a breach of EU competition rules
(+) CJEU established that 'false' self-employed have the same rights as workers
(+) Platform workers who are self-employed are considered undertakings under EU competition law
(?) possibility for self-employed platform workers to conclude agreements on the terms and conditions of their contractual relationship with the platforms when it is not preventing or distorting free trade and competition
Protection in case of Insolvency employer Insolvency Directive Workers Moderate Moderate (+) includes part-time, fixed-term and temporary agency work
(+) establishment of guarantee institutions protecting claims of employees arising out of their employment contract
(-) enforcement in platform work practices
(-) lack of representation due to isolation
4 Social protection
Access to social protection Recommendation on access to social protection
Workers and self- employed High Low
(+) applicable to non-standard forms of employment and when persons are transitioning between different labour market statuses
(-) soft law instrument
(-) only 6 traditional social security schemes 'when they are provided' by Member States, no obligation to ensure all schemes mentioned
(-) voluntary schemes for self-employed
(-) not applicable to social assistance and minimum income protection schemes
Maternity leave, paternity leave, paternal leave, carer's leave Work-life Balance Directive Workers High Moderate
(-) minimum qualifying period of maximum 1 year for parental leave and for maternity leave (6 months payment paternity allowance and 6 months’ right to flexible working arrangements for caring periods …)
(-) cases of parallel employment
(-) enforcement of postponement of granting parental leave by platforms
(-) enforcement of prohibition of dismissal
(-) enforcement of less favourable treatment upon return
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(-) enforcement of more flexible working arrangement for caring purposes
(-) enforcement of maintenance of rights acquired on the start of the leave
(-) enforcement of voluntary certification system assessing work-life balance
(-) enforcement of transfer of transferable parental leave periods between parents
(-) enforcement of prenatal examinations without loss of pay
5 Non-discrimination
Non-discrimination on grounds of gender, racial or ethnic origin, disability, age, religion or belief and sexual orientation
Various non-discrimination directives
Workers and self- employed High Moderate
(+) applicable to access to employment and self-employment, working conditions including pay, vocational training and membership in representative bodies
6 Other relevant rights for platform workers (-) very limited research on discrimination in platform economy
Right to have access to personal data GDPR Natural persons (+) GDPR establishes right to access personal data
(+) obligation of platform to ensure access to personal data
P2B Regulation Self-employed platform workers
(+) Terms and conditions need to contain description of access by platform workers to personal data of platform workers and consumers
(+) Terms and conditions need to contain description of access by platforms to personal data of platform workers and consumers and provision of these data to third parties
Right to have access to data concerning work allocation GDPR Natural persons High High (+) GDPR establishes right to access personal data
(+) obligation of platform to ensure access to personal data
(?) application to platform work especially when it concerns data based on algorithmic management and automated decision-making concerned with the work allocation, organisation and evaluation; concepts of provided, observed, inferred data
Right to have access to data concerning work performance and evaluation
GDPR Natural persons High High
(?) application to platform work especially when it concerns data based on algorithmic management and automated decision-making concerned with the work allocation, organisation and evaluation; concepts of provided, observed, inferred data
P2B Regulation Self-employed platform workers Moderate High
(+) Terms and conditions have to contain main parameters of ranking and reasons of relative importance of these parameters compared to others
Right to have access to information about the clients GDPR Natural persons Moderate Moderate
P2B Regulation Self-employed platform workers
(+) Terms and conditions need to contain description of access by platforms to personal data of platform workers and consumers and provision of these data to third parties
Right to data portability - transfer of work history GDPR Natural persons High High
(?) application to platform work especially when it concerns data based on algorithmic management and automated decision-making concerned with the work allocation, organisation and evaluation; concepts of provided, observed, inferred data
Note: MS refers to Member State.
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6.2 Other EU actions
Communications 6.2.1
The European institutions began developing a framework for platform work in 2015
(Aloisi, 2018). This seems to have originated with the Single Market Strategy (October
2015), after which the European Commission began consultations with stakeholders,
including platform representatives, policymakers, scholars, entrepreneurs, and platform
workers. Specific information-gathering efforts included two Eurobarometer surveys. Two
communications on online platforms and the collaborative economy354 were released in
early summer 2016.
These communications form an important part of European institutions’ official position
on platform work. The Communication on a European agenda for the collaborative
economy undertook an initial assessment355 of platforms in May 2016 (European
Commission, 2016b). One month afterwards in June 2016, the European agenda for the
collaborative economy was adopted.356 This is non-binding guidance responding to the
Single Market Strategy, adopted in October 2015, announcing that the Commission ‘will
develop a European agenda for the collaborative economy, including guidance on how
existing EU law applies to collaborative economy business models’.
The European agenda for the collaborative economy aims to provide clarity on applicable
EU rules and policy recommendations ‘to help citizens, businesses and EU countries fully
benefit from the new business models and promote the balanced development of the
collaborative economy’ (Cauffman and Smits, 2016; Aloisi, 2018). The Agenda focuses
on five main issues: 1) market access requirements and underlying services, 2) liability
regimes, 3) protection of users, 4) labour law and worker classification, and 5) taxation.
Furthermore, the document announces that the European Commission would
continuously review developments in the European collaborative economy. It concludes
by advocating Member State interventions, ‘assessing the adequacy of national
employment legislation’ in relation to ‘the different needs of workers and self-employed
individuals in the digital world as the innovative nature of collaborative business model’
and to ‘provide guidance on the applicability of their national employment rules in light
of labour patterns in the collaborative economy’ (page 13, English version).
Other communications may also be seen to complement the goal of addressing
challenges associated with platform work, though their scope may be broader. For
example, a communication adopted in June 2016357 put forth a ‘new skills agenda for
Europe’. While this communication is broader in scope, it explicitly highlights platform
work, saying ‘The collaborative economy is changing business models, opening up
opportunities and new routes into work, demanding different skill sets, and bringing
challenges such as accessing upskilling opportunities’. (page 7).
Information gathering and dissemination 6.2.2
The lack of reliable evidence is a frequently discussed barrier to designing policy
response to the challenges associated with platform work. To this end, the European
institutions have funded a great deal of research. Among these initiatives include
Eurobarometer surveys, the COLLEEM survey from the Joint Research Centre (JRC), and
reports from EU-OSHA and Eurofound.
354
The term ‘collaborative economy’ is still sometimes used in place of platform economy, even by EU
institutions. However, the terms ‘collaborative’ and ‘sharing’ have generally fallen out of favour in this context due to their normative connotations. See the European Parliament Opinion 2017/2003(INI), p. 4.
355 See http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016DC0288&from=EN
356 See http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2016%3A356%3AFIN
357 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016DC0381&from=EN
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The Eurobarometer surveys on the collaborative economy have provided particularly
helpful data. Flash Eurobarometer 438: The use of collaborative platforms (European
Commission, 2016a) was conducted in March 2016 and released in July 2016. It looked
at awareness of platforms, usage as clients of service providers, and their perceived
advantages and drawbacks. Flash Eurobarometer 467: The use of the collaborative
economy was carried out in April 2018 and published in October 2018 (European
Commission, 2018a). It covered awareness and frequency of use of collaborative
platforms, their perceived advantages and disadvantages, and their impact on
purchasing behaviour. It also looked at the platform worker side, including frequency of
offering services on platforms, reasons for doing so, and reasons why some do not.
A useful initiative for information is Eurofound’s platform economy repository.358 The
repository is an online resource for data and literature on platform work, mostly but not
exclusively with a European focus. Eurofound has been very active in producing research
and increasing awareness of platform work in Europe, and the repository partly realises
this goal.
European institutions have also held numerous conferences and discussion forums. For
example, the high-level conference Collaborative economy: Opportunities, challenges,
policies was held on 11 October 2018 (European Commission, 2018b). This conference
presented employment issues and research on platform work, such as COLLEEM
research, Eurofound’s study Employment and working conditions of selected types of
platform work, and so forth.
Platform work is on other agendas besides specific events and committees. For example,
the high-level expert group on the Impact of the Digital Transformation on EU Labour
Markets has a broader mandate than platform work, but it makes frequent reference to
‘online labour platforms’, ‘platform-mediated work’, and related concepts in the ‘gig
economy’ (European Commission, 2019). The high-level expert group finds that at the
level of workers and human resources policies, challenges of the digital transformation
(2019: p.9):
…mainly related to workers’ skills to keep people employable in the future. At the
level of businesses and labour relations, the challenge is to provide decent work
by creating high-quality jobs and safeguarding worker well-being and a healthy
work-life balance. Finally, at the most aggregate level of markets and their
institutions, the challenge is to build a more inclusive society by preventing
economic and social polarisation in labour markets.
Two particularly relevant recommendations of the high-level expert group concern the
employment status of platform workers (2019: p. 39):
(4.2.2) Equalise the (administrative) treatment of standard and non-standard
work arrangements e.g. by providing equal access to government services, credit
lines and limited mobility of benefits regardless of employment status.
(4.3.1) Ensure neutral social protection against unemployment, sickness and
other life circumstances independent of employment status. The increasing
number of Europeans with non-standard employment should have access to
social protection e.g. through portable benefits attached to the worker rather
than the job or the establishment of an ‘underemployment insurance’ to smooth
out fluctuating incomes in the ‘gig economy’.
Related to funding social protection, the high-level expert group further notes the need
for ‘a Digital Single Window for reporting employment contributions and taxes’. This
would reduce the total cost of compliance as ‘Instead of workers having to file manual
reports, the data should come automatically from platforms in a standardized digital
format.’ (ibid., p. 43).
358
See https://www.eurofound.europa.eu/data/platform-economy
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Finally, European-level social partners have taken up the topic of platform work to
different degrees. UNI Europa, for example, was involved with the platform research of
Huws et al. (2019; 2016), as well as joint research initiatives with the World
Employment Confederation – an employers’ union for the temporary work agency sector.
European Pillar of Social Rights 6.2.3
The European Pillar of Social Rights (EPSR) is a joint institutional effort of the European
Parliament, European Council and European Commission interinstitutionally proclaimed
on 17 November 2017. It is a soft law instrument without legally binding force, though
numerous authors discuss its importance in the platform economy.
The EPSR intends to achieve ‘upward convergence’ in three parts: 1) equal opportunities
and access to the labour market, 2) fair working conditions, and 3) social protection and
inclusion. According to EU-OSHA (2017), the EPSR aims, in part, to ‘provide new and
tangible minimum protection and security for workers in atypical employment and for
the (dependent) self-employed’. Furthermore, the initiative could entail expanding the
personal scope and increase the level of (social) protection for groups of people on the
margins of the labour market (Rasnača, 2017). These aims are consistent with the
challenges associated with platform workers, who often find themselves in situations of
atypical employment or dependent self-employment.
It is likely that the EPSR will result in indirect impacts, notably the revision of existing
legal acquis, rather than producing direct legal consequences from the documents that
constitute it (Hendrickx, 2017). Additionally, the EPSR has resulted in accompanying
initiatives, namely the proposal for a new Directive on transparent and predictable
working conditions (December 2017) and proposal for a Council Recommendation on
access to social protection for workers and the self-employed (March 2018).359
European Labour Authority 6.2.4
The recently established European Labour Authority (ELA)360 is part of the rollout of the
EPSR. Its objectives are to contribute to ensuring fair labour mobility across the EU and
assist Member States and the European Commission in the coordination of social security
systems within the EU (Article 2). To achieve these objectives, the ELA shall carry out
different tasks ranging from facilitating access to information (Article 5 Regulation),
coordinating and supporting concerted and joint inspections (Articles 8 and 9), carrying
out analyses and risk assessments on issues of cross-border labour mobility (Article 10),
supporting Member States with capacity building regarding the effective application and
enforcement of relevant EU law (Article 11), supporting Member States in tackling
undeclared work (Article 12), and playing a mediating role in disputes between Member
States on the application of relevant EU law361 (Article 13).
Section 4 noted how most experts consulted have pointed to the lack of data and strong
empirical evidence on the prevalence of (undeclared) platform work, notably in the case
of online work. Likewise, there are only limited data available on the prevalence of cross-
border platform work. Besides limited intelligence on those two key aspects in relation to
platform work, in practice, the lack of efficient information sharing between Member
359
Both of these are discussed in depth earlier in this study.
360 Regulation 1149/2019 of the European Parliament and of the Council establishing a European Labour
Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 361
The scope of the activities of the ELA shall cover the following Union acts: Directive 96/71/EC, Directive
2014/67/EU, Regulation 883/2004 (and Regulation 987/2009), Regulation 1408/71, Regulation 574/72,
Regulation 1231/2010, Regulation 859/2003, Regulation 492/2011, Directive 2014/54/EU, Regulation 2016/589, Regulation 561/2006, Directive 2006/22/EC, Regulation 1071/2009.
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States could further contribute to the incidence of fraud, abuses or deprivation of rights
in the operation of cross-border work, including when it is platform-based.
ELA could play a role here as it will take over permanently the activities of the European
Platform tackling undeclared work.362 This Platform shall continue its work within the
comprehensive remit of the ELA to further enhance cooperation363 between Member
States’ relevant authorities and other actors involved to tackle more efficiently and
effectively undeclared work (Article 12(a)). It shall also improve the capacity of Member
States’ different relevant authorities and actors to tackle undeclared work with regard to
its cross-border aspects (Article 12(b)). Additionally, the Platform itself shall seek to
improve the knowledge of undeclared work by means of shared definitions and concepts,
evidence-based measurement tools and promotion of comparative analysis and develop
mutual understanding of the different systems and practices to tackle undeclared work
and analysing the effectiveness of policy measures (Article 1 Annex). It shall establish
tools, for instance a knowledge bank, for efficient sharing of information and
experiences, and develop guidelines for enforcement to tackle undeclared work (Article 3
Annex). Thus, the Platform shows great potential to alleviate the current lack of data
available on undeclared platform work in the Member States and increase opportunities
for Member States to mutually learn on their approaches on this particular subject.
Likewise, in relation to cross-border (platform) work, the ELA shall facilitate the
cooperation and acceleration of exchange of information between Member States and
support their effective compliance with cooperation obligations (Article 7(1)).
Furthermore, the ELA itself has been given the competence to carry out analyses
regarding labour mobility and social security coordination across the EU. The ELA may
also carry out focused in-depth analyses and studies to investigate specific issues
(Article 10(1)). Through peer review among Member States, it will prove possible to
examine any questions, difficulties and specific issues which might arise concerning the
implementation and practical application of EU law within the ELA’s competence (Article
10(2)(a)), or improve the knowledge and mutual understanding of different systems and
practices (Article 10(2)(c)). Again, all these provisions could support a greater
understanding of cross-border platform work in terms of data-building in the European
Union.
Last but not least, one of the objectives of the ELA is to ensure a fair, simple and
effective application and enforcement of EU law. It has the competence to facilitate and
enhance cooperation between Member States in the enforcement of the relevant EU law
(Article 2(a)), while also supporting a timely exchange of information between the
Member States. One aspect of the effective application and enforcement is the
coordination and support of concerted or joint inspections (Article 8 and 9), which should
help national authorities in ensuring protection of persons exercising their right to free
movement and in tackling irregularities with a cross-border dimension.364 Moreover, the
ELA may facilitate a solution in the case of a dispute between two or more Member
States regarding individual cases of application of relevant EU law (Article 13). Thus, the
ELA could play a role in ensuring a more effective application and enforcement of
relevant EU law in the field of cross-border platform work.
362
The European Platform tackling undeclared work, created in 2016, enhances cooperation between EU
countries. It brings together relevant authorities and actors involved in fighting undeclared work, to tackle this issue more effectively and efficiently, while fully respecting national competences and procedures. 363
The Platform shall encourage cooperation between Member States through (Article 12 (2)):
a) Exchanging best practice and information
b) Developing expertise and analysis, while avoiding any duplication
c) Encouraging and facilitating innovative approaches to effective and efficient cross-border cooperation and evaluating experiences.
364 Concerted and joint inspections are subject to the agreement of the Member States concerned. They should
not replace or undermine national competences.
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Case law 6.2.5
The CJEU has concluded one court case directly concerning platforms. In December
2017, it ruled whether Uber services had to be regarded as transport services,
information society services, or a combination of both.365 The Court determined that
intermediation services such as those provided by Uber (UberPop in this specific case)
must be classified as ‘a service in the field of transport’ within the meaning of EU law
(Court of Justice of the European Union, 2017).366
In its reasoning the Court found that the Uber-application was central in the
intermediation service provided by Uber without which ‘those drivers would not be led to
provide transport services’ and ‘persons who wish to make an urban journey would not
use the services provided by those drivers’.367 Moreover, the judgment finds that Uber
provides more than just an intermediation service, noting that ‘Uber exercises decisive
influence over the conditions under which the drivers provide their service (ibid., p.
2).368 This led the Court to conclude that intermediation services like those provided by
Uber must be classified as ‘a service in the field of transport’ within the meaning of EU
law (Court of Justice of the European Union, 2017).369
Still, this court case is primarily concerned with whether or not Uber services fall under
the scope of Article 56 TFEU (freedom of services), Directive 2006/23 and Directive
2000/31, rather than the working conditions and social protection of Uber drivers. No
other EU-level court cases concerning platform work, and in particular the labour
dimension, could be identified as of summer 2019.
Preliminary conclusions 6.2.6
Taken together, findings indicate that European institutions are very aware of platform
work, though it is often considered alongside more general labour market issues.
European institutions have released communications and initiated research specific to
platform work.
Furthermore, the European Parliament and the Council of the European Union adopted
Regulation 2019/1150 on promoting fairness and transparency for business users of
online intermediation services.370 While slightly broader than platform work, this
Regulation very clearly addresses many of its associated challenges. The Regulation will
be regularly evaluated and monitored, and a large part of this role falls on the group of
experts for the Observatory on the Online Platform Economy.371 Thus, while European
institutions generally prefer to handle platform work’s associated challenges alongside
broader labour market issues, they have also taken specific action.
365
CJEU, 20th December 2017, Case C-434/15, Asociación Profesional Élite Taxi v Uber Systems Spain SL
366 CJEU, 20th December 2017, Case C-434/15, Asociación Profesional Élite Taxi v Uber Systems Spain SL, par.
48
367 CJEU, 20th December 2017, Case C-434/15, Asociación Profesional Élite Taxi v Uber Systems Spain SL, par.
39
368 CJEU, 20th December 2017, Case C-434/15, Asociación Profesional Élite Taxi v Uber Systems Spain SL, par.
39
369 CJEU, 20th December 2017, Case C-434/15, Asociación Profesional Élite Taxi v Uber Systems Spain SL, par.
48 370
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019R1150&from=EN
371 https://ec.europa.eu/newsroom/dae/document.cfm?doc_id=51795
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7. GAP ANALYSIS: WHICH CHALLENGES REMAIN TO BE ADDRESSED?
Gap analysis is an analytical tool for assessing the difference (or gap) between the
desired and actual state of affairs.
The actual state of affairs is defined in the previous sections, which conceptualised
platform work, then mapped corresponding challenges, and tools and responses at
national and EU level.
The desired state of affairs is that all the important challenges for platform workers
concerning the working conditions and social protection are addressed, either through
national or EU tools and responses.
The gap analysis considers the developments up to autumn 2019, based on the available
evidence.
7.1 Conceptual framework
The gap analysis consists of three main elements: i) identification of the main
challenges, ii) identification and assessment of the national and EU responses, and iii)
assessment of the extent to which the challenges are addressed and whether there is
room for the EU to act.
Figure 15: Graphic expression of conceptual framework gap analysis
Source: authors’ own elaboration.
First, gaps in addressing the most important challenges are assessed. These are rated
‘high’ or ‘medium’, in accordance with the summary tables for work, employment,
social relations dimensions and other challenges.
Table 18: Most important challenges for platform workers
Dimension (WES model) Challenge name Priority Specific to platform work?
Work
Autonomy in the allocation
of tasks High Specific to platform work
Work
Autonomy in work
organisation Medium General labour market
Work Physical environment High Specific to platform work
Work Surveillance, direction and High Specific to platform work
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performance appraisal
Employment Employment status High
Common for non-standard
work
Employment Contracts High Specific to platform work
Employment
Determination of
employer High Specific to platform work
Employment Social protection Medium
Common for non-standard
work
Employment Earnings Medium
Common for non-standard
work
Employment Working time Medium
Common for non-standard
work
Social
relations Representation High
Common for non-standard
work
Social
relations Adverse social behaviour Medium General labour market
Other Undeclared work Medium
Common for non-standard
work
Other Cross-border work Medium General labour market
Other Data protection Medium Specific to platform work
Source: authors’ elaboration based on Section 4.
Note: Each challenge depends on factors such as the type of platform work considered and the amount of control exercised by platforms versus the platform worker’s autonomy. Moreover, over half of these challenges are not particular to platform work but common to non-standard work or the general labour market.
Second, for each of the main challenges, the national responses are assessed through
expert surveys for all 30 countries (EU28, Norway and Iceland). Experts identified the
top-down and bottom-up responses at national and regional level that target the
challenges relevant to platform work. For each of the national responses it is determined
which challenges were intended to be addressed and the extent to which the response
has been implemented.
Table 19: Frequency of national responses to most important challenges
Top-
down
Bottom-
up Other Total
Social relations Representation 8 32 2 42 15
Employment Social protection 12 14 0 26 13
Employment Earnings 4 22 1 27 12
Employment Employment status 36 9 1 46 11
Employment Determination of employer 36 9 1 46 11
Work Physical environment 8 17 1 26 10
Employment Contracts 2 4 2 8 7
Employment Working time 4 13 1 18 7
Other Undeclared work 11 0 0 11 6
Work Surveillance, direction & performance appraisal 5 8 1 14 6
Other Cross-border work 3 0 0 3 3
Social relations Adverse social behaviour 0 3 0 3 3
Other Data protection 3 3 0 6 2
Work Autonomy in the allocation of tasks 0 0 0 0 0
Work Autonomy in work organisation 0 0 0 0 0
Response count*
Challenge name Dimension
(WES model)
Countries
with
responses
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Source: authors’ elaboration.
* Excluding ‘purely informational’ responses, e.g. conferences or research publications that are unlikely to directly address the challenges.
Note: Maximum of 30 countries (EU28, Norway and Iceland). A single response can address multiple challenges. Counts for ‘determination of employer’ and ‘employment status’ are identical because in practice, responses handle them in tandem.
It is important to note that in some cases it is difficult to attribute the responses to the
most important challenges. For example, the national responses contain dozens of
instances where platform workers protest or negotiate for ‘better working conditions’,
without specifying which particular working conditions (e.g. allocation of work, autonomy
in work organisation, physical environment, or some combination of these). In the
identification of the national responses, only those responses relevant to the challenges,
according the national experts, are considered.
The national responses consist of top-down (legislation, case law, administrator and
inspectorate actions), bottom-up (actions from platforms, platform workers, and
collective agreements), and ‘other’ responses (any other relevant response). Top-down
responses tend to be ‘harder’ and more intrusive, whereas bottom-up agreements rely
on the agreement of involved parties.372 Responses addressing ‘representation’, ‘working
time’, ‘earnings’ and ‘physical environment’ are usually bottom-up. This is because
platform workers (and social partners aiding them) tend to focus on their immediate
concerns. Conversely, responses addressing ‘employment status’ and ‘undeclared work’
are mostly top-down.
The count of the responses in combination with a qualitative assessment is used as a
measure to assess the extent to which the national responses have addressed the
challenges. This is necessary, as the mere count of responses does not necessarily tell us
about their scope. For example, a single court case might resolve the employment status
challenge for all platform workers in a country, whereas a dozen court cases might
provide limited additional clarity.
Moreover, platform work remains a relatively new phenomenon, for which the responses
are only quite recently taken. This means that it is currently impossible to assess the full
extent to which all the national responses addressed the most important challenges in
practice. Indeed, the analysis is limited to whether or not one or more relevant
responses exist in a given country, and which type of platform workers is addressed
(e.g. all, online and/or on-location).
Similarly, for each of the challenges it is determined whether they are addressed by any
of the potentially relevant EU tools. For each of the EU tools it is determined which
platform workers may be impacted and under which circumstances (i.e. personal scope),
the relevance of the legislation (i.e. material scope) and the extent to which it addresses
the challenge (i.e. adequacy).
Note that the assessments at national and EU level are somewhat different in nature.
The objective of the national responses analysis is to create a complete mapping of all
responses, whereas the objective of the EU analysis is to assess only a selection of
tools.
Third, based on the challenges and responses at national and EU level, the extent to
which the challenges have been addressed by existing tools and responses is assessed.
Indeed, there is a gap when the challenges are not fully addressed at national and EU
level.
372
But note that collective agreements can be legally binding on parties, and in some national contexts (e.g.
Germany, Sweden, Austria) are the preferred course of action to avoid the need for legislation action.
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Based on the assessment, each of the challenges receives a rating for the extent the
national responses and EU tools and responses addresses it. There are five different
ratings (fully addressed, largely addressed, partially addressed, not addressed, and
indeterminate). For the national responses, the rating is based on the share of countries
that have taken measures to address the challenge For the EU tools, the assessment is
based fully on a qualitative assessment of the extent to which the selection of EU tools
are applicable to each of the challenges. See Table 20 for detailed definitions of the
ratings.
Table 20: Gap analysis assessment key
The remainder of this Section assesses the gaps for the most important challenges.
7.2 Responses to platform-specific challenges
Platform-specific challenges include those in the ‘work’ and ‘employment’ dimensions.
Physical environment and determination of employer are most relevant for on-location
platform workers, and here they have received a significant amount of attention at
national level. Data protection is very relevant at EU level, and it is the only challenge
deemed to be fully addressed.
Autonomy in the allocation of tasks 7.2.1
Autonomy in the allocation of tasks is primarily about the flexibility (or lack of) to
determine which tasks to do. It is a key motivating factor for platform workers. While
relevant for all platform workers, the challenge is most problematic for platform- or
client-determined work, as well as lower-skilled work.
At national level, no responses specifically address this challenge per se. However, this
challenge was probably a part of broader responses aiming to improve ‘working
conditions’, representation, surveillance, direction and performance appraisal, or
employment status. Therefore, the challenge is not addressed at national level.
At EU level, the Working Time Directive373 and the TPWC Directive374 are most relevant.
In personal scope, both cover workers but not the self-employed. Therefore, they only
impact a low number of platform workers.
373
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain
aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9–19)
374 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent
and predictable working conditions in the European Union (OJ L186/105 11.07.2019)
National responses EU tools
Fully addressed Responses exist in >80% to ≤100% of surveyed
countries
Surveyed tools are highly applicable to the
challenge
Largely addressed Responses exist in >50% to ≤80% of surveyed
countries
Surveyed tools are moderately applicable to the
challenge for most platform workers
Partially addressed Responses exist in >20% to ≤50% of surveyed
countries
Surveyed tools are partially applicable to the
challenge
Not addressed Responses exist in 0 to ≤20% of surveyed
countries
Surveyed tools have low applicability to the
challenge
Indeterminate Available information cannot allow a
determination
Available information cannot allow a
determination
Definition
Rating
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However, both directives are deemed to be highly relevant to the challenge. The main
issue with the Working Time Directive is that notions such as working time, rest periods,
rest breaks, night work, and standby time are profoundly challenged by platform work.
Therefore, it is only moderately adequate. The TPWC Directive is assessed to be highly
adequate. For example, the mandatory written information provision contains minimum
conditions375 for ‘working time’ whether work patterns are predictable or not. Overall,
assessed EU tools have moderately high adequacy.
Physical environment 7.2.2
Physical environment mostly entails health and safety risks and required materials or
equipment for an occupation. While relevant for all platform workers, it has been
especially noted as a challenge for lower-skilled on-location platform work.
The responses of 10 countries376 were directly relevant to this challenge. The scope of
responses reflects the importance for on-location platform workers; roughly 80% of the
30 responses impacting physical environment target only on-location platform work.
Additionally, most physical environment responses address platform workers providing
food delivery services.
A total of eight top-down responses are spread across five countries.377 These actions
were from inspectorates or administrative bodies, national or regional legislation, or case
law. These aim to better control the working environment for specific platform workers
(mostly Uber drivers or food couriers), or non-standard workers more generally
(including platform workers).
Seventeen bottom-up responses appear across nine countries.378 These largely consist of
actions by trade unions on the health and safety of platform workers, and collective
agreements which have either concluded or continue to be negotiated. These cover the
physical environment for specific platforms (either providing food delivery, cleaning or
interpretation services), or the food delivery sector. Additionally, platform workers have
either staged demonstrations, joined trade unions, or negotiated with platforms for
improved working conditions.379
A number of these responses have created improvements in the physical environment
for couriers. We observe further progress as some inspectorates, such as Spain and
Denmark, are better empowered (through funding, legal authority, or new pilot projects)
to verify safety for some platform workers. However, few national responses address
fundamental difficulties related to the physical environment, such as clarifying when
platforms must provide accident insurance, or specifying if and how labour inspectors
can ensure safe working conditions (e.g. for cleaners in a client’s home).
At national level overall, we determined that physical environment challenges are
partially addressed for on-location platform workers, and not addressed for
online platform workers.
375
Maximum duration of any probationary period, the right to parallel employment, provisions related to a
minimum predictability of work, complementary provisions related to on-demand work, provisions concerned with the transition to other forms of employment and rules on mandatory training. See Directive on Transparent and predictable working conditions Chapter III: Minimum requirements relating to working conditions; Articles 8 to 14
376 BE, DE, DK, ES, FR, IE, IT, NO, SE, and the UK
377 BE, ES, FR, IT, and SE
378 BE, DE, DK, ES, FR, IE, IT, NO, and the UK
379 One ‘other’ response relevant to this challenge was a parliamentary question raised in Italy.
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At EU level, the most relevant surveyed tools380 for physical environment are those
concerning health and safety: the Health and safety for fixed-term work Directive,381 and
the Pregnant Workers Directive.382 While other relevant tools exist they were not
covered, and this research focuses on labour law rather than OSH per se.
As discussed, both of these directives only concern workers and exclude the self-
employed from their personal scope. Because most on-location platform workers, and
virtually all online platform workers, are self-employed, they are not included in the
personal scope of assessed EU legislation. The Health and safety for fixed-term work
Directive has a further problem in application to platform workers, insofar as it
establishes equal OSH conditions for fixed-term employees, in comparison to permanent
employees for the same job and in the same company, or in comparison with reference
to collective agreements, legislation, or practices that may exist. No evidence of such
arrangements was found in the national surveys. Thus, assessed EU tools only cover a
low number of platform workers.
Nevertheless, these directives are assessed as highly relevant to the challenge, though
ultimately deemed to be of low adequacy.
Surveillance, direction and performance appraisal 7.2.3
This challenge refers to the extent to which the platform and/or client monitors the
platform worker, which plays a powerful role in determining the organisation of work. It
can also impact direction, evaluations, and even penalties for the platform worker. This
challenge is relevant for all platform workers, but especially for lower-skilled platform
work.
Six countries383 have responses relevant to this challenge. Most responses (11 out of 14)
also concern representation of platform workers, or the intention to give platform
workers a say in the appraisal process. Most responses target only on-location platform
workers.
The most interesting and wide-reaching top-down responses come from Italy, both in
regional and national legislation (Iudicone and Faioli, 2019).
Eight bottom-up responses address this challenge across four countries. Most of these
are in Italy, where collective agreements and platform worker protests have addressed
surveillance and rating mechanisms, among other issues. In France, Estonia, and
Sweden, platform workers have also protested or negotiated on the issue.384
These responses mostly address suspension of a platform worker’s account,
requirements for reputational or ratings systems (fairness, transparency, portability,
forbidding ratings from impacting working time, etc.), and the right to disconnect.385
380
To some extent the Directive on transparent and predictable working conditions could play a role, for
example, by requiring platforms to provide some platform workers with clear information about their working conditions. We discuss this Directive under the challenge ‘contracts’.
381 Council Directive 91/383/EEC of 25.06.1991 supplementing the measures to encourage improvements in
the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ L 206/19 of 29.07.1991)
382 Council Directive 92/85/EEC of 19.10.1992 (OJ L 348/1 of 28.11.1992) on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding
383 DE, EE, ES, FR, IT, and SE
384 One ‘other’ response relevant to this challenge is in Germany, where the trade union IG Metall began the
website faircrowd.work (Fair Crowd Work, 2017; IG Metall, 2019).
385 Data protection may also be relevant in the same sense. For example, a platform’s surveillance typically
generates data, which then creates questions on data protection. However, data protection is handled in Section 7.2.6.
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Overall, at national level, surveillance, direction and performance appraisal is not
addressed.
At EU level, two pieces of assessed legislation are particularly relevant to this challenge:
the GDPR,386 and the P2B Regulation.387 The challenge is furthermore closely linked with
the employment status and the criteria that are being used when assessing employment
status such as the ‘subordination’ criterion.
The GDPR may provide the platform worker with a range of rights concerning their
personal data. These could prevent many abuses associated with algorithmic
management and performance appraisal and ensure the rights of platform workers to
have access to their personal data and receive information from the platforms on
automated decisions that are affecting them. The P2B ensures business users (certain
self-employed platform workers) are treated in a fair and transparent way and have
effective redress in case of disputes with the online intermediation service (certain
platforms) or consumers.
However, some uncertainties remain for the applicability of these tools, such as which
data may be withheld by the (platform) data controller in exceptional cases, and which
platform workers are covered by P2B. Further important questions concern the
enforcement of the EU’s (recent) legislation concerning platforms. Therefore, we find it
indeterminate how assessed EU tools address the challenge at this time.
Contracts 7.2.4
Challenges pertaining to contracts entail the existence of a written contract, the type of
contract used, information provision, and the terms under which a platform worker’s
contract can be terminated or suspended. Contractual challenges are relevant for all
platform workers.
Seven countries388 have responses directly relevant to contracts. Most of these
responses (six out of eight) are only relevant for on-location platform workers.
Only two top-down responses, both legislation, directly address contracts. These are
found in Portuguese389 and UK law (BEIS, 2018).
Four relevant responses are bottom-up. In Italy, Spain, and Sweden, collective
agreements include clauses addressing the challenge. In Estonia, platform workers
protested against a new pay structure connected to an allegedly intransparent and unfair
rating system (Ärileht, 2018).390
In general these responses are very narrow in scope and have done little to effect
systemic change. Contracts (or platforms’ terms and conditions) were rarely addressed
per se, though responses to employment status, collective agreements, and others may
have considerable impact on what is permissible in platform contracts. Thus, at national
level, challenges related to contracts are not addressed.
386
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
387 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services
388 DE, EE, ES, IT, PT, SE, and the UK
389 Lei n.º 45/2018 Regime jurídico da atividade de transporte individual e remunerado de passageiros em
veículos descaracterizados a partir de plataforma eletrónica [Legal regime of individual transport activity and paid passengers in unregistered vehicles from electronic platforms] (Diário da República, 1.ª série — N.º 154 10.08.2018, p. 3972-3980)
390 The two ‘other’ responses are in Germany, where the trade unions IG Metall and Ver.di took action to
inform online platform workers about their rights, particularly as they derive from the terms and conditions of platforms (Fair Crowd Work, 2017; Ver.di, 2019).
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Two EU-level tools require close consideration for contractual challenges: the P2B,391 and
the TPWC Directive.392
In personal scope, the P2B may very well apply to a substantial portion of self-employed
platform workers, but how many remains to be seen. For those platform workers to
whom P2B does apply, many contractual challenges would be addressed.
In personal scope, the TPWC Directive clarifies the EU concept of ‘worker’ by explicitly
referring to CJEU case law. This mentions that platform workers are workers when the
criteria set by the CJEU rulings are met,393 and restricts the possibility for Member States
to exclude workers in various precarious non-standard forms of employment.394
However, while platform workers are explicitly mentioned in the preamble recitals of the
Directive, the genuine self-employed fall outside its remit. In practice, it is therefore
likely to cover a low number of platform workers.
Materially, the TPWC Directive contains substantial improvements for the employment
protection of workers, including rights that address contractual challenges. However, it
has just been adopted, and its provisions must now be transposed by Member States,
and it is therefore difficult to assess its adequacy in addressing contractual challenges.
The P2B, if deemed applicable to (some) platform workers, would directly address many
important contractual challenges, such as transparency of terms and conditions and
dispute resolution procedure. Platforms’ terms and conditions must be clear and
available to platform workers during all stages of their commercial relationship.
For workers (covered by the TPWC Directive) and ‘business users’ (covered by the P2B
Regulation), the challenge is more thoroughly addressed. However, given the
uncertainties of the P2B, we find contractual challenges are indeterminate at EU
level.
Determination of employer 7.2.5
Determination of employer is related to employment status. The key distinction between
the challenge ‘employment status’ and ‘determination of employer’ is that the latter is
primarily concerned with whether the client or platform can be categorised as an
employer. This challenge is relevant for all types of platform work, but especially for
platform workers with little autonomy, under strong surveillance direction by the
platform or by the end user, and who depend on platform work for income. These tend
to be lower-skilled on-location platform work.
In practice, national responses and EU tools address this challenge alongside
‘employment status’ – not as a distinct challenge. Therefore, the assessment is
taken exactly from the employment status below.
At national level, determination of employer is partially addressed for on-location
platform workers, and not addressed for online platform workers.
In personal scope, assessed legislation is relevant for workers and bogus self-
employed, who are subject to reclassification on the basis of CJEU case law. Overall, we
find the assessed EU tools to have only moderately low relevance to the challenge of
employment status of platform workers, and of moderately low adequacy.
391
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services
392 Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union.
393 Recital 8, Directive 2019/1152
394 Recital 12, Directive 2019/1152
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Data protection 7.2.6
The challenge of data protection refers to how platforms collect, process and use
personal data, and how platform workers’ rights with respect to these data are upheld or
infringed. This issue is relevant for all platform workers.
At national level, six responses seem to directly target data protection for platform
workers: five from Italy and one from Estonia.
One top-down response is relevant: in Italy, legislation395 obliges platforms to use a
transparent algorithm and ensure portability for worker data.
Five bottom-up responses include collective agreements signed by food delivery
platforms (Covelli, 2018),396 and a platform worker strike against a new pay deal, loss of
transparency of algorithms, and a new rating system (Ärileht, 2018).
These national initiatives have mostly highlighted the importance of data protection for a
limited subset of platform workers, whereas the challenge is very relevant for all.
Overall, the challenge of data protection is not addressed by national responses.
At EU level, the GDPR397 is the tool assessed for data protection. In personal scope, the
GDPR applies to all natural persons.
We assessed two aspects highly relevant to platform workers’ data protection: 1) the
right to access personal data, and 2) the right to data portability.398
Specifically, the data of platform workers fall under the broad notion of ‘personal data’.
At present, a landmark court case is pending in the UK399 which will help determine
platforms’ responsibilities to allow platform workers’ access to their personal data.
Concerning data portability, in the first instance, platform workers can obtain a copy of
their data ‘in a structured, commonly used and, machine-readable format’ (Article
20(1)). Second, it provides the right ‘to have the personal data transmitted directly from
one controller to another, where technically feasible’. However, at least three legal
barriers400 exist to effective data portability for platform workers.
The GDPR is an ambitious and wide-reaching tool. Moreover, pursuant to its Article 88
(processing in the context of employment), ‘Member States may, by law or by collective
agreements, provide for more specific rules to ensure the protection of the rights and
395
“Disposizioni concernenti le prestazioni di lavoro con modalità di esecuzione organizzate o coordinate dal
committente" (4283) [‘Provisions concerning work services with execution methods organized or coordinated by the client’], see https://www.camera.it/leg17/126?tab=3&leg=17&idDocumento=4283&sede=&tipo=
396 Contratto Collettivo Logistica, Trasporti Merci e Spedizioni, see
http://www.fedit.it/fedit/index.php?option=com_content&view=article&id=136:testo-unico-ccnl-logistica- trasporto-merci-e-spedizione-&catid=59:in-evidenza
397 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
398 The right not to be subject to a decision based solely on automated processing, and the prevention of
discriminatory biases underlying the algorithm, are discussed in the challenge ‘surveillance, direction and performance appraisal’.
399 See also the Judgment of the Court of Appeal London, Case (2018) EWCA civ 2748, Uber BV vs Yaseen
Aslam, James Farrar and others, (29.12.2018). Uber is currently challenging the decision of the Court of Appeal before the Supreme Court but the four drivers filed a new lawsuit against Uber for withholding data which in their opinion is contravening Article 15 of the GDPR; See also https://www.citylab.com/transportation/2019/08/uber-drivers-lawsuit-personal-data-ride-hailing-gig- economy/594232/.
400 First, the technical feasibility significantly limits obligations of data controllers (in this context, platforms).
Second, the portability right only applies to provided data and observed data. This excludes all data produced by the platform’s operation. Third, the right to data portability ‘shall not adversely affect the rights and
freedoms of others’ (article 20 (4)). Some data of concern to the platform worker, such as client ratings, involves data of others, and thus request and transfer of such data creates an additional legal uncertainty.
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freedoms in respect of the processing of employees' personal data in the employment
context’. It may therefore lead to further protections at national level, where they are
currently quite lacking.
While some legal questions remain to be clarified and effective enforcement has to be
ensured, the GDPR represents a significant step to assuring data protection for platform
workers. Therefore, the GDPR is highly relevant and highly adequate for the
challenge of data protection for platform workers.
7.3 Responses to challenges common in other forms of non-standard work
Challenges common in other forms of non-standard work are mostly in the ‘employment’
dimension. Three such challenges – employment status, representation, and social
protection – are some of the most salient and debated topics in platform work.
Because these challenges are common in other forms of non-standard work, we might
expect responses to have broader impact than just platforms. However, this is not
usually the case. Most responses only narrowly target specific (types of) platforms,
rarely focusing on online forms of platform work. For example, only a single country
(Germany) has taken any relevant response concerning earnings and working time for
online platform workers.
Employment status 7.3.1
The challenge of employment status means a lack of clarity on platform workers’
employment status and the issues this causes. Employment status largely determines
rights and obligations for workers, for example concerning labour protection, social
protection, taxation, and collective rights. While employment status is relevant for all
platform workers, it is most problematic for platform workers with little autonomy, under
significant direction from the platform, and high economic dependence on platform work.
Most commonly this is lower-skilled platform work performed on-location.
In total, eleven countries have responses directly relevant to employment status.401 Most
of these (31 out of 45) are particular to on-location lower-skilled platform work.
Most responses to employment status (36 out of 45) are top-down. Case law, legislation,
and administrator/inspectorate actions have occurred. National courts have in many
instances tried to fine-tune the concept of worker as defined under national law, and in
some countries this has led to a more elaborated set of criteria that needs to be
considered when establishing the status of worker. Still, most evidence suggests that
substantial legal uncertainties on platform workers’ employment status remain within
Member States and across the EU. When legal uncertainties remain, or some platforms
continue to use self-employment contracts in spite of an apparent, factual employment
relationship, national courts have become involved. Administrators and inspectorates
have also challenged the legality of certain platform workers’ employment status and
issued decisions on employment status as it concerns labour or social law.
Fewer bottom-up responses (nine out of 45) directly confronted the employment status
of platform workers. Platform workers in several countries402 organised demonstrations
and engaged in negotiations seeking, among other changes, to be recognised as
employees. In Germany, Finland, and Denmark, a few platforms began formally
employing some or all of their platform workers.
We observe that national responses address employment status with mixed success.
National legislation has helped clarify employment status in a few countries, but mostly
401
BE, DE, DK, EL, ES, FI, FR, IT, NL, PT, and the UK
402 E.g. Austria, Germany, Norway, Belgium, etc.
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for particular on-location platform workers.403 In most instances, case law has not
removed the legal uncertainty of employment status for platform workers, or resulted in
reclassification of many platform workers with an improper employment status. At
national level overall, the challenge of employment status is partially addressed
for on-location platform workers, and not addressed for online platform
workers.
The EU instruments covered in the study are not primarily aimed at defining employment
status, or otherwise addressing the challenge as it is here discussed.404
Most recent EU directives do refer to a consolidated European ‘worker’ concept
progressively developed through CJEU case law, which was firstly initiated when
interpreting Article 45 TFEU on the free movement of workers. In its rulings, the CJEU
confirmed explicitly that the term ‘worker’ in Article 45 TFEU may not be interpreted
differently according to the law of each Member State, but that the term ‘worker’ has an
EU meaning.405,406,407
The EU definition of the concept of worker is, however, primarily construed on the
subordination requirement, and it is exactly this dimension which is profoundly
challenged by platform work practices. Platform workers typically have a greater degree
of freedom to decide whether to accept a task or not and when and where the service
will be delivered when compared with more traditional work environments. Enforcement
of CJEU case law remains a primary consideration for this challenge.
In personal scope, assessed legislation is relevant for workers and bogus self-
employed, who are subject to reclassification on the basis of CJEU case law.
Overall, we find the assessed EU tools to have only moderately low relevance to the
challenge of employment status of platform workers, and of moderately low
adequacy.
Representation 7.3.2
The challenge of representation refers to whether workers have a say on aspects of work
organisation, formally or informally, at the level of the platform or as platform workers.
Representation is relevant for all platform workers, but particularly for those with higher
risk of being misclassified as regards their employment status, such as lower-skilled on-
location platform workers who cannot set their own prices, determine how they do the
work, or choose their clients.
Representation is one of the most frequently addressed challenges. A total of 42 national
responses are relevant across 15 countries.408
403
Notably Portugal via the Lei n.º 45/2018. Legislation in France (Loi n° 2016-1088 du 8 août 2016 - El
Khomri Law) and Italy (L. 2 novembre 2019, n. 128) are more widely applicable.
404 Though as discussed in National tools and responses to platform work challenges, national classifications of
platform workers as self-employed may be subject to reclassification based on EU case law in certain circumstances.
405 Judgment of the CJEU, Case C-66/85 Deborah Lawrie Blum v Land Baden-Württemberg (03.07.1986): at
the time of the case, Article 45 TFEU was still Article 48 of the EEC Treaty and the term ‘Community meaning’ was used instead of the current ‘EU meaning’.
406 Judgment of the CJEU, Case 75/63 Hoekstra (née Unger) v. Bestuur der Bedrijfsvereniging voor
Detailhandel en Ambachten (19.03.1964)
407 Judgments of the CJEU, Case C-66/85 Deborah Lawrie Blum, op. cit; Case C-428/09 Union Syndicale
Solidaires Isère v Premier ministre and Others (14.10.2010); Case C-229/14 Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH (09.07.2015); Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden (04.12.2014); Case C-216/15 Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, (17.11.2016)
408 AT, BE, DE, DK, EE, ES, FI, FR, IE, IT, NL, NO, PT, SE, and the UK
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At top-down level, case law, legislation, and administrator or inspectorate actions are
relevant. Mostly these address food delivery couriers, though legislation in France409 and
Italy410 impact broader categories, including all platform workers. Court cases in
Germany, the Netherlands, and the UK have ruled on aspects of representation.
The majority of responses (32 out of 42) to the challenge are bottom-up. In many
examples, platform workers have established works councils for their platform, become
trade union members, spontaneously engaged in demonstrations, or formed
cooperatives or collectives. Platforms themselves have variously resisted or welcomed
such efforts. In a few instances, platforms initiated platform representation by creating
‘forums’ to voice concerns. Collective agreements have also formalised representation
for certain platform workers.411 Overall, representation efforts have created a substantial
impact, but this is mostly limited to food delivery couriers.
Therefore, representation is largely addressed for on-location platform workers.
For online platform work, representation is not addressed.
At EU level, four assessed directives concern collective labour rights, mostly information
and consultation, and thus indirectly relate to representation. These are the Information
and consultation Directive,412 the Insolvency Directive,413 the Collective Redundancies
Directive,414 and the European Works Council Directive.415 Furthermore, the P2B
Regulation416 includes provisions on the rights for business users to form representative
organisations or associations in Member States, in accordance with national
legislation.417 However, the P2B Regulation is not yet in force, and its applicability to
platform workers is still unclear.
The personal scope of these tools (except for the P2B) is limited to workers and is
therefore only applicable to a low number of platform workers. As an additional
note, EU competition law provisions may interfere with and restrict the right of self-
employed platform workers to collectively take action and bargain on their conditions,
including on price when it prevents or restricts fair competition. The self-employed are
generally considered as undertakings under EU competition law. However, when it
concerns matters that do not distort competition, self-employed platform workers can
collectively negotiate and conclude agreements with the platforms.
409
Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
410 L. 2 novembre 2019, n. 128, Conversione in legge, con modificazioni, del decreto-legge 3 settembre 2019,
n. 101, recante disposizioni urgenti per la tutela del lavoro e per la risoluzione di crisi aziendali
411 Three ‘other’ responses are applicable to representation. These are the platform faircrowd.work and
Ombuds Office from IG Metall, and advisory services from Ver.di, all from Germany.
412 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a
general framework for informing and consulting employees in the European Community (OJ L 080, 23/03/2002 p. 29 – 34)
413 Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection
of employees in the event of the insolvency of their employer (Codified version) (OJ L 283, 28.10.2008, p. 36–
42)
414 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating
to collective redundancies (OJ L 225, 12.8.1998 p.16-21)
415 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of
a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees
416 Ibid.
417 Note also the distinction between freedom of association and freedom of collective bargaining, as discussed
at https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/freedom-of- association.
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Overall, we conclude that assessed EU tools are highly relevant to the challenge of
representation, but of moderately high adequacy.
Social protection 7.3.3
This challenge largely means that platform workers tend to have less access to social
protection. It is relevant for all platform workers, but crucially depends on the platform
worker’s employment status – both on the basis of platform work, and any other work
performed.
Social protection is relevant for 31 responses across 13 countries.418 It is therefore one
of the most addressed challenges. Just over 50% of responses are limited in scope to
lower-skilled on-location platform work.
At the top-down level, twelve responses are relevant. These include new or modified
legislation expanding access to social protection to additional types of workers,419 and
administrative decisions impacting platform workers’ access to social protection. The
legislation frequently pairs social protection with assuring proper taxation of income
earned from self-employed activities.
Fourteen bottom-up responses address this challenge. For example, trade unions have
challenged administrative courts on unemployment benefits for workers between jobs
under umbrella companies.420 In Denmark and Italy, collective agreements have
increased social protection access for certain platform workers. In Norway, Foodora
riders have joined the nation’s largest trade union, and a collective agreement expected
to impact social protection is under negotiation (Mortensen, 2018). Similar agreements
were concluded in Austria (De Groen et al., 2018b). Platform workers providing food
delivery services in France and Belgium have created or joined cooperatives or
collectives, in part to facilitate access to social protection (Akguc et al., 2018; Vandaele,
2017). In Belgium, Italy, Germany, Portugal, Romania and the UK, some platforms
(especially those in food delivery and personal transport) have voluntarily (or under
pressure from workers, trade unions, or the government) established schemes to
provide social protection to platform workers. Mostly these concern accident and liability
insurance.
Governments seem to be increasingly aware of the challenge social protection represents
for platform workers (and other non-standard workers), as well as the risk of under- or
unreported income. To some extent, platforms, platform workers, and social partners are
filling in where statutory coverage is lacking. Most progress is evident for platform
workers engaged in lower-skilled on-location tasks, and more progress has been made in
accident and liability insurance than in other types, such as pension and unemployment
insurance. A larger challenge seems to remain in social protection for online platform
workers (and non-standard forms of work generally). Overall, at national level, social
protection is partially addressed for on-location platform workers, and not
addressed for online platform workers.
At EU level, several selected directives concern social protection. These are mainly the
Pregnant Workers Directive,421 and the Work-life Balance Directive422 (repealing the
Parental Leave Directive). A set of non-discrimination directives ensures equal treatment
on different grounds and include social protection within their remit such as the Race
Directive, the Gender equality in social security Directive, the Gender equality in
418
BE, DE, DK, EE, ES, FR, IT, LV, NO, PT, RO, SE, and the UK
419 E.g. economically dependent self-employed, or self-employed in sectors such as personal transportation.
420 From Swedish platform work expert’s informal interviews.
421 Directive 92/85/EEC on safety and health at work for pregnant workers (OJ L 348/1 of 28.11.1992)
422 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life
balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79–93)
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Employment Directive and the Gender equality of self-employed Directive.423 Of these
tools, few include the self-employed in their personal scope. Thus, they cover a low
number of platform workers.
The Council Recommendation on access to social protection for workers and the self-
employed424 aims to ensure access to six branches of social security for both employees
and the self-employed. In personal scope, it would therefore apply to all platform
workers regardless of employment status. This is a form of soft law, intended to provide
direction to Member States, but not legally enforceable. Even so, the Recommendation
clearly indicates that Member States are to move to provide more social protection for
the self-employed.
While assessed EU tools are of high relevance for social protection, they are overall
deemed to be of low adequacy.
Earnings 7.3.4
The challenge of ‘earnings’ mostly relates to fair and liveable earnings for a given
amount of work, and the ability to determine or negotiate how much one earns. Earnings
are relevant for all platform workers, but the challenge is especially problematic for
those who cannot set their own prices.
Earnings were addressed in 27 responses across 12 countries.425 The majority of these
(18 out of 27) concern only food delivery couriers, who are generally unable to set their
own prices. Only three responses are relevant beyond lower-skilled on-location platform
work.
Only four responses relevant to this challenge are top-down. Of these, three are
legislation from Italy. In the Netherlands, a court case426 determined that earnings for
food couriers are subject to the minimums established by collective agreement.
Twenty-two out of twenty-seven responses are bottom-up. In most of these, platform
workers or social partners negotiated with or pressured platforms on the price of
services. Relevant responses include platform worker demonstrations, collective
agreements, and the creation of cooperatives or collectives.427
These responses have certainly raised general awareness of low earnings from platform
work but have less often resulted in systemic changes. For many on-location workers,
negotiations between platform workers and platforms, often with trade union
involvement, are unresolved and ongoing. In most cases, platforms still set the
(external) price of services, and any concessions to platform workers is on a voluntary
basis. Even less progress is evident for online platform workers.
Overall, the challenge of earnings is partially addressed at national level for on-
location platform workers, and not addressed for online platform workers.
Assessed EU tools generally approach earnings from an equal treatment perspective in
the context of an employment contract or relationship, namely that discriminatory
423
Directive 2000/43/EC on equal treatment on grounds of race and ethnicity (OJ L 180, 19.7.2000, p. 22–26),
Directive 2006/54/EC on gender equality in employment (OJ L 204, 26.7.2006, p. 23–36), Directive 2010/41/EU on gender equality of self-employed (OJ L 180, 15.7.2010, p. 1–6), Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24–25)
424 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-
employed (2019/C 387/01 of 15.11.2019)
425 BE, DE, DK, EE, ES, FR, IT, NL, NO, PT, SE, and the UK
426 See case law 15.01.2019 Court of Amsterdam, available at
http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2019:210
427 One ‘other’ response is relevant to the challenge, being the Ombuds Office run by IG Metall in Germany.
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practices on the basis of gender, ethnicity, race, religion, age, disability and type of
contract are forbidden. However, they tend to address different types of earnings
challenges than those identified as most relevant for platform workers. For example, the
tools assessed forbid unequal pay for equal work and work of equal value performed by
men and women, but do not set a minimum or baseline level of pay, since the EU lacks
the competence to do so.428
Assessed EU tools on non-standard work429 forbid discrimination of remuneration based
on an employee having a part-time, fixed-term or temporary agency work contract.
However, these are unlikely to apply to platform workers because most platform workers
are contractually self-employed, and because platform workers are unlikely to have a
comparator (e.g. full-time contract equivalent, indefinite contract equivalent or other)
with which a comparison can be made. Thus, the selected EU tools apply to a low
number of platform workers as regards personal scope. Moreover, the selected EU
tools are assessed to be of low relevance and low adequacy for the challenge of
earnings.
Working time 7.3.5
The challenge of ‘working time’ is mostly about the flexibility to choose when and how
much to work. This also concerns the availability of work and unpaid time while
searching or waiting for tasks. While working time is relevant for all platform workers, it
appears especially problematic for those who work on fixed times – especially lower-
skilled on-location tasks such as food delivery.
A total of 19 national responses in seven countries430 address working time specifically.
Generally, responses address this challenge alongside employment status,
representation, and earnings. More than half of responses to working time directly
targeted food couriers.
Four top-down responses address working time. These include legislation and inquiries
from labour and social affairs inspectorates, which consider working time in addition to
working conditions more broadly.
A total of 13 national responses are bottom-up, either platform worker actions or
collective agreements. Working time is clearly an issue that platform workers and trade
unions are concerned about. In fact, all concluded or pending collective agreements on
platform work directly address working time.431
Generally, responses pertaining to working time also concern remuneration and the
ability to set one’s own prices or negotiate for better earnings. A frequent point of
contention, especially in platform worker protests, is earnings for hours worked rather
than per tasks completed. The challenge has only been addressed narrowly, for platform
workers of specific platforms (almost exclusively food couriers), in a handful of countries.
General working-time issues or ambiguities such as how to monitor working time or what
constitutes working time (e.g. waiting on a task), are largely unresolved. Overall, at
national level, working time challenges for on-location platform workers are
partially addressed, and not addressed for online platform workers.
428
Article 153, paragraph 5 of the Treaty on the Functioning of the European Union
429 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC - Annex : Framework Agreement on part-time work (OJ L 14, 20.1.1998, p. 9–14); Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43–48); Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9–14)
430 BE, DK, ES, FR, IT, NO, and SE
431 Two ‘other’ responses address working time as well. These are an Italian parliamentary question on Foodora
riders raised in 2016, and IG Metall’s Ombuds Office run from Germany.
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At EU level, a number of selected tools have relevance to working time for platform
workers: the Working Time Directive,432 the Work-life Balance Directive,433 the TPWC
Directive,434 the Part-time Work Directive,435 and the Fixed-term Work Directive.436 Each
of these are limited in personal scope to workers, and thus only apply to a low number
of platform workers.
However, these tools are assessed to be of high relevance to the challenge of working
time, and moderately high adequacy.
Undeclared work 7.3.6
The challenge of undeclared work implies non-compliance with labour, social security or
taxation legislation or regulations in the country and distorts fair competition.
Undeclared work is relevant for all types of platform work.
Six countries437 have taken measures to address the challenge. Unlike most other
challenges discussed here, responses to undeclared work often apply to all platform
work, as the measures mostly target broader groups of non-standard workers.
All 11 responses came from top-down actors, suggesting that undeclared work is
primarily a domain concerning national authorities rather than platform workers,
platforms, and social partners.
In these observed cases, legislative or administrative actions aim to combat undeclared
work, ensure proper income tax declaration, ensure an effective tax declaration system
for non-standard work arrangements, and support effective social protection. Overall,
the challenge of undeclared work is not addressed at national level.
At EU level, the assessed legislation has little to do with the challenge of undeclared
work as discussed here.
Moreover, we still lack a good empirical understanding of the challenge, which makes
assessment problematic. The objectives of the EU platform tackling undeclared work, as
well as the ELA, entail combating fraud and abuses. However, these tools are very new,
and were largely beyond the study’s scope of analysis.
Therefore, the challenge of undeclared work is indeterminate at EU level at this
time.
7.4 Responses to challenges found in the general labour market
Challenges relevant in the general labour market include one in the ‘work’ dimension,
one in ‘social relations’, and one ‘other’. Because these are the widest in scope, we may
expect more top-down responses, or more relevance for EU tools.
432
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain
aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9–19)
433 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life
balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79–93)
434 Directive EU 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and
predictable working conditions in the European Union (OJ L186/105 11.07.2019)
435 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC - Annex : Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9–14)
436 Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work
concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43–48)
437 BE, DK, EE, FR, NO, and RO
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These issues are some of the least addressed by national responses. However, adverse
social behaviour and equal treatment, and cross-border work, are two of the most
relevant challenges for the EU level.
Autonomy in work organisation 7.4.1
Autonomy in work organisation is the ability to determine the order, method, and tempo
of tasks. It is strongly related to subordination and hence to employment status. The
challenge is relevant for all platform work, but particularly lower-skilled types.
At national level, no responses specifically address this challenge per se. It may have
been addressed through responses dealing with employment status; surveillance,
direction and performance appraisal or others, but not definitively so. Therefore, the
challenge is not addressed at national level.
At EU level, selected legislation is not applicable to autonomy in work organisation per
se. However, we considered this issue above with employment status.
Adverse social behaviour and equal treatment 7.4.2
Adverse social behaviour concerns asocial behaviour of colleagues, supervisors, or others
who come into contact with platform workers, as well as equal treatment. It is an issue
for all platform workers, but particularly those interacting with on-location clients.
Only three national responses in three countries directly concern this challenge.438 All of
these responses are bottom-up initiatives addressing either Uber drivers or food delivery
couriers.
Generally, these responses are about discrimination or harassment against certain
platform workers based on their nationality or ethnicity. One response was a protest by
Deliveroo riders in Ireland aiming to raise awareness of and prevent targeted attacks
against foreign-born riders. A second response is a voluntary charter signed by several
food delivery platforms in Italy, containing provisions against discrimination. The third
response is the UK’s GMB union recruiting Uber drivers. Part of their motivation in doing
so was to prevent charges being levied on minority Uber drivers in an arbitrary or
discriminatory manner.
Despite the low number of specific responses, adverse social behaviour is often covered
together with representation and employment status. However, this is difficult to directly
observe. Thus, at national level, the challenge of adverse social behaviour is not
addressed.
At EU level, six assessed tools are directly relevant to adverse social behaviour (and
particularly non-discrimination): the Employment Directive,439 the Race Directive,440 the
Gender equality in employment Directive,441 the Gender equality in access to goods and
services Directive,442 the Gender equality of self-employed Directive,443 and the Gender
equality in social security Directive.444
Each of these directives has a broader personal scope than workers. The Employment
Directive, Race Directive, Gender equality in employment Directive, and Gender equality
438
IE, IT, and the UK
439 Directive 2000/78/EC
440 Directive 2000/43/EC
441 Directive 2006/54/EC
442 Directive 2004/113/EC
443 Directive 2010/41/EU
444 Directive 79/7/EEC
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in social security Directive apply to employees and self-employed. However, pursuant
to the personal scope of application, the directives grant different material rights. The
Gender equality of self-employed Directive applies to self-employed and their
spouses. The Gender equality in access to goods and services Directive applies to
women and men who are not employed. In principle, the inclusion of self-employed
would imply that the majority of platform workers are in the personal scope of most of
these directives.
Yet platform workers’ protection from most of these directives is probably limited for
other reasons. One practical difficulty is that they were drafted in consideration of
discrimination in more traditional business sectors. In platform work, digital and online
forms of harassment and discrimination are more prominent – especially for online
platform workers. These may or not be blatant and traceable, and it is likely that
discriminatory cases, especially concerning gender, are structurally under-reported.445
Additionally, the possibility and extent of contact between platforms, platform workers,
and clients differs a great deal even within the same platform type.446 Overall, these
tools apply to the challenge for a moderately high number of platform workers.
The practical application of these tools is complex when applied to the various forms of
platform work, and significant uncertainties remain. While the assessed pieces of
legislation are assessed to be highly relevant to the challenge of adverse social
behaviour, they are only moderately high adequacy.
Cross-border work 7.4.3
The challenge of cross-border work is related to the choice of jurisdiction and applicable
law, as well as social security coordination. Cross-border work can also increase risks for
fraud, abuses, deprivation of rights and undeclared work. These challenges may affect
any type of platform work, but especially tasks performed online.
At national level, this was found to be a very marginal issue, as only Hungary, Spain and
Slovakia have relevant responses. These mostly aim to ensure fair competition,
especially between Uber and the taxi industry. Thus, at national level, the challenge of
cross-border platform work is not addressed.
At EU level, cross-border work may present particular challenges regarding the
application of law related to freedom of movement (of workers and services), choice of
jurisdiction and applicable law (Rome I447 and Brussels I448 Regulations), and social
security coordination. These challenges potentially exist both in relation to the
application of the rules and the resolution of disputes in cases of ill- or non-application.
The complexity usually created by cross-border situations and the lack of efficient
information-sharing processes between countries increase the risks of fraud, abuses and
deprivation of rights regarding social security law and labour law.
However, there is little evidence on the specific size of these issues in relation to
platform work, and its exact policy and legal implications. More research and analysis of
the regulatory implications are needed, while at the same time, with the creation of the
445
See di Torella and McLellan (2018)
446 For example, cleaners may or may not choose their clients, and often have prolonged and repeated contact
with them. This is quite different from food couriers, who do not choose their clients, almost never have repeat clients, and usually meet them for only a few moments. The potential for discriminatory behaviour from clients is different for these types of platform work, and in end effect, the liability and accountability of the three parties may be unclear, and certainly differs a great deal between platforms.
447 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law
applicable to contractual obligations (Rome I)
448 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on
jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
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ELA, the EU is preparing for tighter enforcement of the rules. Therefore, the challenge
of cross-border platform work is indeterminate at EU level at this time.
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7.5 Summary: challenges that are not fully addressed at national/EU level
Overall, the most important challenges remain largely unaddressed. However, some
countries and the EU have responded to some of the challenges that the emergence of
platform work poses. This means that there are still important policy gaps that could be
addressed at national or EU level.
The work-related challenges are largely or intermediately unaddressed. Indeed, there
are no national and limited EU responses addressing the autonomy in the allocation of
tasks and in work organisation, while a minority of the countries addressed the physical
environment and surveillance, direction and performance appraisal.
The employment-related challenges are in general more addressed at national level than
the work-related challenges. However, except for contracts that are somewhat
addressed, they are largely unaddressed.
Similarly, the social relations-related challenges are also largely unaddressed, except for
undeclared work that is somewhat addressed.
Finally, the most important ‘other’ challenges form the exception, as they are to some
extent, or largely, addressed. Indeed, with the creation of the ELA, cross-border work is
especially addressed and data protection is addressed overall with the introduction of the
GDPR.
In addressing the remaining challenges at national or EU level, the specificity to platform
work is also important. Indeed, the platform-specific challenges can be addressed solely
for platform work, whereas, because of their nature, other challenges require a more
general approach that also addresses other forms of non-standard work or general
labour market policies.
In interpreting the findings, a few additional caveats are noteworthy.
First, the extent to which a challenge is addressed does not imply that either
the countries or the EU are necessarily responsible or competent for addressing
the challenge. Therefore, ‘not addressed’ does not necessarily imply that Member
States or the EU should do more to address a given challenge. Moreover, the assessed
EU tools are primarily applicable to those who are contractually ‘workers’, which excludes
most platform workers outright.
Second, certain aspects, such as enforceability, are not considered in the gap
analysis. This is an area where future research would be very valuable, especially as
new legislative tools come into force, have time to make an impact,449 and new
enforcement mechanisms450 become more active.
Third, the gap analysis is necessarily a simplification of several very complex
topics. Platform work is still developing and changing rapidly. Moreover, most responses
are relatively recently introduced, which makes it difficult to assess their effectiveness,
as the measures have not been fully established.
Table 21: Summary of gap analysis
449
For example, the Directive on transparent and predictable working conditions replacing the Written
Statement Directive must be transposed by 1 August 2022. 450
Particularly the European Labour Authority and European Platform tackling undeclared work.
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Source: authors’ elaboration.
Note: The P2B and the GDPR could significantly influence these assessments, especially for those deemed indeterminate.
N/A: Assessed tools are not applicable to the challenge, NP: natural persons, W: workers, SE: self-employed.
* Workers and self-employed are both in the personal scope of legislation, but certain additional limitations may effectively limit which platform workers are covered.
** Determination of employer is assessed in tandem with employment status.
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8. CONCLUSIONS AND POLICY POINTERS
The ongoing digital transformation is changing both the content and nature of jobs. The
greater availability, acceptance and capacity of digital technologies, together with a large
degree of automation, allows for differently organised work. Digitalisation can drive
down transaction costs, which allows for smaller jobs (units of work) to be intermediated
separately. When the intermediation of these paid jobs between the worker and the
client is performed by an online platform, it is considered platform work.
This study provides an evidence-based analysis of the challenges faced by platform
workers with regard to their working conditions and social protection, as well as
proposed or implemented policy and legal responses to those challenges at national and
EU level, and to inform policymakers at EU level about the need for legislative or non-
legislative action.
We have assessed the extent to which platform work is a challenge to the working
conditions and social protection of platform workers, as well as how stakeholders have
responded at national level. Additionally, we have analysed the extent to which national
and EU tools and responses address these challenges. The findings reveal significant
diversity in types and prevalence of platform work, and the extent to which it remains a
challenge, across the EU28, Norway and Iceland. However, a number of commonalities
can be generalised.
8.1 Takeaways from the gap analysis
Challenges specific to personal transportation and (food) delivery platforms are
widespread, as are national responses. 55% of all responses target one of these two
platform types specifically, and even more target other forms of lower-skilled on-location
platform work, for example domestic cleaners. Taken together, these responses tend to
focus on employment status, collective bargaining rights, health and safety, and social
protection.451 The significance of personal transportation and food delivery platforms is
remarkable, given the diversity of platform work in Europe, and data suggesting that
these only represent a minority of platform workers.452 One could conclude that, at
present, personal transportation and delivery platforms are more problematic, or simply
more visible and better known. At the very least, stakeholders are active on the issue.
Few responses target working conditions and social protection for platform
work as a whole – this reflects the responses from surveyed experts, who remarked on
the lack of awareness of online platform workers. Many responses that do target
platform work more broadly are simply enquiries or information-gathering efforts. In
many cases these target broader groups such as non-standard workers in general. The
more concrete tools and responses relevant for all platform workers often relate to
taxation and social protection provision for all or a portion of non-standard workers, or
only to the minority of platform workers who are employees. Only one piece of national
legislation currently in force453 specifically addresses the working conditions and social
protection of all platform workers.
Many responses are driven by grassroots organisations of platform workers or
social partners, either explicitly so, or from behind the scenes. This might indicate that
a gap is more likely in contexts where self-employed platform workers face more
451
Many focus on competition law as well. However, these are not so much about the working conditions of
platform workers. Instead, they are largely cases of the taxi lobbies ensuring that platforms do not have an unfair advantage.
452 See discussion of COLLEEM data in Section 3.3.2
453 Specifically, the French Loi El Khomri: Loi n° 2016-1088 du 8 août 2016 relative au travail, à la
modernisation du dialogue social et à la sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
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barriers to organise and collectively bargain. Furthermore, the high number of responses
targeting representation may indicate that national authorities prefer empowering
platform workers to organise, rather than resorting to top-down measures such as new
legislation. However, these bottom-up responses are not as concrete as top-down
measures, as they often rely on the continued cooperation of platforms, platform
workers, and social partners.
Most of the assessed EU-level tools only marginally impact most of the
challenges for platform workers. In most cases this is a direct result of employment
status. Most significant challenges identified in the study are, from a legal perspective,
either directly connected with the determination of labour market status,454 or they
concern the scope and substance of the labour and social rights.455 The latter category of
challenges are in fact secondary challenges, as they largely derive from the classification
of a platform worker as a ‘worker’ or as self-employed. Simply stated, most assessed EU
tools afford much less protection to the self-employed than to employees.
An important exception is for self-employed platform workers who fall under
the P2B Regulation. While the P2B is limited in scope to a specific type of platform, it
regulates certain basic aspects of the relationship between the platform and the self-
employed platform worker (business user), who delivers products or services to private
clients. In this way, it may have important implications for a number of challenges,
especially those specific to platform work and related to algorithmic management.
In short, the gap analysis suggests that:
1) except for data protection, no significant challenges are entirely resolved
by national or EU tools and responses;
2) most significant challenges for on-location platform workers are at least
somewhat addressed by national responses;
3) national responses do very little to address the challenges of online
platform workers;
4) in spite of recent positive steps, the assessed EU tools do little to address
the working conditions and social protection challenges of (self-
employed) platform workers at present.
8.2 General conclusions and policy implications
Conclusion 1: Many significant challenges related to platform work are not new.
The most discussed and addressed challenges related to platform work include
employment status, representation, and social protection. Each of these issues appear in
other forms of non-standard work. Put another way, platform work has brought
challenges corresponding to non-standard work to the fore, especially through highly
visible platforms.
National responses for these platform workers’ challenges often focus on a single
platform or a single service provided by platforms. Responses usually have minimal
systemic effect because they do not intend to address the roots of the challenge (e.g.
little or no right to collective bargaining, and reduced access to social protection for the
self-employed).
Traditional means of enforcing regulations in the area of working conditions, such as
labour inspections, are less suitable for platform work. Among other reasons, this is
454
Including determination of the employer, allocation of tasks, autonomy in work organisation, surveillance,
direction and performance appraisal. These can even serve as criteria to determine factual employment status.
455 Particularly contracts, earnings, working time, physical environment, social protection and collective rights.
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because the work does not typically occur in the physical premises of an employer. While
this is usually the case for platform work, it is a growing phenomenon in standard
employment relationships as well, bearing in mind the increasing possibilities to telework
from home or elsewhere.
Policy implications: Addressing certain challenges of working conditions and
social protection for platform work is very difficult without consideration of
broader frameworks.
Properly addressing challenges such as employment status, representation, and social
protection likely requires broader changes to the labour and social protection frameworks
of non-standard work. Specific examples include increasing the level of social protection
afforded to the self-employed, as promoted by the Council Recommendation on access
to social protection for workers and the self-employed.456 An additional strategy would
be to support stronger enforcement of rules for non-standard workers such as platform
workers, for example clarifying and increasing labour inspectorates’ authority to inspect
platform work for legal compliance. The ELA could play a role in this regard, particularly
given platform work’s frequent cross-border nature and relevance to undeclared work.
Furthermore, the European Commission could clarify cartel and competition law as it
applies to platform workers. This would help ensure that platform workers can negotiate
collective agreements with platforms, or collectively or individually bargain with clients,
regardless of employment status. Lastly, increasing the labour protections applicable to
the self-employed would benefit platform workers.
Conclusion 2: Employment status remains a core challenge at national and EU
level.
The legal concepts of ‘worker’ or employee at EU and national level are not entirely clear
and consistent. The assessment is based on the factual relationship between the
platform and the platform worker, or the client and the platform worker. These
assessments are subject to interpretation and rapid change.
Determining whether platform workers are genuine or bogus self-employed is frequently
challenging. National judiciaries’ interpretation of the employment is not unanimous and
sometimes contradictory within and between Member States. At the same time CJEU
case law is only gradually evolving and clarifying the concept of ‘worker’. These legal
developments are slow and seem to continuously lag behind the fast-changing business
practices characterising platform work. Some platforms seem to operate at the margins
between self-employed and employee, adjusting practices to maximise control over
platform workers without unequivocally assuming the role of employers.
CJEU case law has defined the ‘worker’ concept with a central focus on the subordination
requirement, the economic and genuine character of the service and its remuneration
requirement. CJEU case law limited the scope of marginal and ancillary work activities
which fall outside its remit, whereas the new TPWC Directive has greatly reduced the
possibility to exclude small-scale work from its scope, especially when it concerns
unpredictable work. However, platform work may still be slipping through these
requirements, as do other forms of non-standard work performed in economic
dependency, and the Directive only covers specific working conditions. Unless Member
States widen the concept of employee or introduce a rebuttable presumption on the
employment status of platform workers,457 platforms are likely to continue or expand
their reliance on labour from self-employed individuals. Reclassification of individual
cases may happen on the basis of EU law or on national legislation, but it is unlikely that
456
Council Recommendation of 8 November 2019 on access to social protection for workers and the self-
employed (2019/C 387/01 of 15.11.2019
457 Through legislation or through case law.
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this will drastically reverse the main trend. Actions aimed at protecting self-employed
platform workers who are economically dependent on the platforms to ensure some
minimum standards as to their ‘working conditions’ seem advisable.
Policy implications: The EU and Member States should consider clarifying which
platform practices are incompatible with self-employment for platform workers.
This is of particular relevance for platform workers who are economically dependent on
work assignments, while subject to surveillance, assessments and payments steered by
the platform, and without control over the price of their services and work organisation.
Such platform workers are more vulnerable and in a weaker position relative to the
platform: a market failure that can be addressed by legislative measures or collective
bargaining.
The goal of legislative measures could be to ensure that contractually self-employed
platform workers are also factually self-employed (e.g. prevent bogus self-employment).
This can be accomplished by reclassifying bogus self-employed platform workers, but
also if certain platforms better align their practices with self-employment, for example
refraining from non-compete clauses and allowing platform workers to set their own
prices and determine time and manner of service provision for themselves.
Conclusion 3: Some challenges most specific to platform work are some of the least resolved.
The defining feature of platform work is the digital mode of intermediation between
platform worker and client. Challenges related to intermediation (e.g. surveillance,
performance appraisal, data protection, and intransparent contracts) appear to be more
difficult to address or are at least less known, particularly at national level, where very
few responses exist. One reason is the complexity in algorithmic management, which
requires significant technical expertise to understand, and the difficulty in observing how
algorithmic management works. The cross-border dimension also presents an
enforcement challenge for individual countries, as platforms are likely to be based
beyond national jurisdiction. Nevertheless, digital intermediation, transparency, and data
usage are challenges that continue to grow in and beyond platform work.
Policy implications: EU authorities should consider further action on digital
intermediation and algorithmic management, both within and without platform
work.
These issues have begun to be addressed by new pieces of EU legislation, including the
GDPR, the P2B Regulation,458 and the TPWC Directive (EU) 2019/1152. These tools are
found to address highly relevant challenges for platform workers.
While the actual impact of these tools on platform work is not yet fully clear, it appears
many or most platform workers would only marginally benefit, with the exception of the
GDPR. EU authorities may consider further modifications or clarifications to these tools,
together with enhanced enforcement in the Member States, to ensure more platform
workers benefit from them.
Conclusion 4: Online platform workers remain less known and protected,
especially by national responses.
Online platform workers face a number of working conditions challenges, including non-
payment, intransparent and disadvantageous terms and conditions, and a lack of dispute
458
Regulation (EU) 2019/1150 of the European Parliament and the Council on promoting fairness and
transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57–79)
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resolution. Many of these are highly specific to platform work, rather than more broadly
shared with non-standard forms of work.
Very few national responses address online platform workers, either with specific
measures, or by addressing all forms of platform work holistically. This is not unexpected
for several reasons. First, online platform work is more likely to take place in the
worker’s home and is thus more difficult to control. Second, online platform work is often
inherently cross-border, as clients use these platforms to outsource work where labour is
cheaper. In many cases, the platform, platform worker, and client are based in different
countries, which makes it much more difficult to resolve disputes and enforce rights for
platform workers.
Nevertheless, online forms of platform work deserve further attention. Online platform
work is likely to be most prevalent in Europe,459 and most experts interviewed for this
research expect online forms of platform work to experience particular growth well into
the future. Their cross-border nature makes these platforms a more natural fit for EU
action.
Policy implications: More attention is required for online platform work at both
national and EU level.
However, cross-border considerations make EU-level action particularly appropriate for
online platform work. An especially important way to reduce vulnerabilities for online
platform workers is to address algorithmic management and digital intermediation.
Conclusion 5: Our understanding of platform work remains limited because of
insufficient data.
Despite many efforts to assess the size, prevalence, and expected evolution of platform
work, a lack of reliable, comprehensive data on platform work has a negative effect on
evidence-based policymaking and informed public discourse. No standard definition
exists for platform work, which contributes to confusion and inaction.
Policy implications: Additional action to gather data on platform work would be
helpful for informed policymaking.
This requires a standard definition of platform work, which could draw from the definition
of ‘business user’ used in the P2B Regulation.460 Drawing the definition from existing
legislation also creates the benefit of additional coherence between EU policies.
One strategy is to incorporate further questions on platform work into labour surveys at
national and EU level. This can build on the work of the COLLEEM surveys, which
generated very useful data for a portion of Member States. An even stronger option
would be to require platforms to provide certain data to an appropriate EU authority,
which would help ensure coordinated and effective data collection in spite of the cross-
border nature of platform work. National level authorities could require platforms to
register with them, which may help ensure adequate data collection and avoid
undeclared work.
Conclusion 6: Many national responses and EU tools are too new to adequately assess
their impact on platform workers.
459
See Section 3.3.2
460 Three necessary changes would be: 1) specifying that a platform worker provides services, rather than
services and goods, 2) broadening the scope of client to include natural persons, and 3) expanding the scope beyond ‘pure’ online intermediation services.
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Many national and EU-level responses are very new, and therefore it is difficult to
observe concrete impacts. At national and regional level, legislation in France,461 Italy,462
and Portugal463 may have a significant impact on the well-being of platform workers.
Ongoing court battles may result in some platform workers being declared employees,
and thus receiving further protection under labour and social law.
At EU level, new regulations may also prove to apply to how platforms use the data of
platform workers. The GDPR and the P2B could significantly impact the working
conditions and social protection of platform workers. However, it remains for a pending
court case464 to clarify if platform workers’ data is protected ‘personal data’. It is not yet
clear how many platform workers will benefit from the P2B.
Policy implications: New national and EU legislation identified by this study
should be closely monitored to understand if they are sufficient, or if
amendments or entirely new instruments are required.
At EU level, both the P2B and the GDPR provide new ways to observe the ‘black box of
intermediation’ which is characteristic of platform work. This transparency could allow
new insight into the internal workings of platforms and may prove key to improving
working conditions for platform workers. Two existing groups may be well-positioned to
monitor the evolution of these tools and advise the European Commission: the Expert
group to the EU Observatory on the Online Platform Economy, and the high-level expert
group on the impact of the digital transformation on EU labour markets.
Conclusion 7: Voluntary and non-legislative actions have produced positive effects for
some platform workers.
Certain platforms have cooperated among themselves and with social partners to
commit to decent working conditions. Examples in Germany465 and Italy466 demonstrate
that such arrangements can be put into practice and improve conditions for online and
on-location forms of platform work.
Policy implications: National and EU authorities may consider organising and
promoting voluntary and non-legislative actions.
One possibility is to introduce a dispute-handling mechanism for platform workers. The
P2B could provide the basis for such a tool for platforms, or an EU mechanism could be
created. The EU and Member States could also consider promoting voluntary codes of
conduct or charters for platforms to commit to ensuring fair working conditions.
461
Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
462 Decreto Legge 3 settembre 2019, n. 101, contenente “Misure urgenti per la tutela del lavoro e la risoluzione
di crisi aziendali”
463 Lei n.º 45/2018 Regime jurídico da atividade de transporte individual e remunerado de passageiros em
veículos descaracterizados a partir de plataforma eletrónica [Legal regime of individual transport activity and paid passengers in unregistered vehicles from electronic platforms] (Diário da República, 1.ª série — N.º 154 10.08.2018, p. 3972-3980)
464 See Judgment of the Court of Appeal London, Case (2018) EWCA civ 2748, Uber BV vs Yaseen Aslam,
James Farrar and others, (29.12.2018). Uber is currently challenging the decision of the Court of Appeal before the Supreme Court but the 4 drivers filed a new lawsuit against Uber for withholding data which in their opinion is contravening Article 15 of the GDPR; See also https://www.citylab.com/transportation/2019/08/uber-drivers-lawsuit-personal-data-ride-hailing-gig- economy/594232/
465 Deutsche Crowdsourcing Verband [German Crowdsourcing Association], see Section 5
466 Carta dei diritti fondamentali del lavoro digitale nel contesto urbano [Charter of fundamental rights of digital
work in the urban context], see Section 5
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Reflection Paper 1467
Platform workers, competition law and the question of antitrust limits to
collective bargaining
467
Lead authors: Elisa Giacumacatos and Harald Hauben, Eftheia bvba
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1. Introduction
Platform workers, defined as workers providing work through, on or intermediated by
online platforms, are often classified by the platforms as self-employed.468 Provided they
are genuine self-employed, platform workers fall outside the protective scope of EU
labour and social protection legislation applicable to workers. Indeed, labour law has
always distinguished between workers (employees) and the self-employed to delimit its
scope of application (the so-called ‘binary system’). While workers (employees) benefit
from the whole range of labour rights – including collective labour rights – the self-
employed are excluded.
The hybrid nature characterising the labour market status of platform workers is posing
challenges regarding the application of existing legal frameworks.469 While some platform
workers are genuine self-employed, working independently and for their own account,
others may work under contractual relationships which share the very characteristics
that are typical of employment relationships, such as being subjected to the directional
power and/or an economic dependency of the employer (platform or end user), which
often unilaterally determines the terms and conditions of work without any scope for
negotiation.470
The legal uncertainty about the employment or labour market status of platform workers
has raised questions regarding their right to freely associate, lawfully negotiate and
conclude collective agreements under EU legislation.471 Under EU competition law, any
agreement between undertakings which affects the conditions under which these
undertakings compete with one another may fall under the cartel prohibition as it may
be detrimental to other businesses and consumers. When self-employed individuals
directly carry out an economic activity on a market, they are considered as
undertakings, and hence fall within the remit of EU competition rules.
The primary objective of EU competition law has always been to protect consumers from
anti-competitive agreements and practices between undertakings, such as price fixing or
market sharing. The Court of Justice of the European Union (CJEU), however, made an
important exception to the application of EU competition law when the latter contradicts
social policy and labour law objectives aimed at protecting workers and the working
conditions through collective agreements. Collective agreements between organisations
representing employers and workers fall outside the scope of competition law.472 This
exception may also apply if the individual service providers are in fact ‘false self-
employed’.473,474
468
False self-employed or bogus self-employed who meet the criteria established by CJEU case law for defining
the concept of worker, are, however, covered by the EU labour legislation as workers irrespective of their classification under national law or under the contract concluded between the platform and the platform worker. 469
European Commission (2016), A European Agenda for the Collaborative Economy. COM (2016) 356, p. 2
470 Studies reveal that platforms often determine the mode of operations and work organisation, set the selling
prices, closely monitor the performance of platform workers by means of rates and reviews provided by the customers and are able to deactivate the workers’ account if the satisfaction rate is not maintained or if they do not accept a certain number of requests, etc. 471
Under the ECHR, the freedom of association is covered by its Article 11 and has been extended also to self-
employed by the ECHR in Vörđur Ólafsson v Iceland, Case No. 20161/06 (17/07/2010). The freedom of association includes the right to bargain collectively and to enter into collective agreements. 472
Case C-67/96 Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie [1999] ECR I-5751
473 Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden [2015] 4 CMLR 1
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Hence, the CJEU, while retaining the prohibition on collective bargaining for genuine self-
employed when this is affecting free trade and fair competition, opened the possibility of
granting such rights to the ‘false’ self-employed. However, as the legal labour market
classification of platform workers is depending on a case-by-case basis, uncertainty
remains as to whether platform workers can lawfully exercise collective rights and
bargaining.
In this context of legal uncertainty, initiatives of various nature have been adopted at
the national level to provide platform workers, or more generally, dependent self-
employed workers, with collective rights and better working conditions. These initiatives
include the adoption of legislation; negotiation and conclusion of collective agreements
by trade unions; other trade union initiatives; initiatives from grass-root organisations;
and action taken by the platforms.
This paper focuses on the right to collective bargaining for platform workers. It will
proceed as follows: First, it looks at CJEU case law in relation to the right to collective
bargaining for the workers and the self-employed, the limits posed by competition law
and its relevance for platform workers. Second, it presents the various initiatives taken
at the national level to provide platform workers, or more generally, dependent self-
employed workers, with collective rights as was reported by the national experts under
the main study during 2019. Finally, it draws preliminary conclusions on the relation
between antitrust limits to collective bargaining and its application to platform workers
with the aim to clarify whether platform workers can lawfully bargain collectively and
conclude collective agreements.
2. EU competition law and the right to collective bargaining
2.1. The Albany case: The right to collective bargaining for employees as an
‘exception-to-the-rule’ approach
The key anti-cartel provisions relevant for this paper are enshrined in Article 101 of the
Treaty on the Functioning of the European Union (TFEU) which prohibits under (1) ‘all
agreements between undertakings, decisions by associations of undertakings and
concerted practices which may affect trade between Member States and which have as
their object or effect the prevention, restriction or distortion of competition within the
internal market and in particular those which (a) directly or indirectly fix purchase or
selling prices or any other trading conditions’ […] and which declares under (2) ‘all such
agreements or decisions automatically void’. The main purpose of competition law is to
protect consumers from agreements and practices which affect the competitive process
to their detriment.
The CJEU had the opportunity to discuss the application of Article 101 (1) TFEU to
collective agreements in the landmark case C-67/96, Albany.475 In the case at issue the
CJEU was asked whether the decision taken by employers’ and employees’ organisations,
in the context of a collective agreement in the textile sector, to set up in that sector a
single sectoral pension fund responsible for managing a supplementary pension scheme
and to request the public authorities to make affiliation of that fund compulsory, was to
be considered an agreement between undertakings and thus contrary to Article 101 (1)
TFEU. The Court, after explaining the reason why the collective agreement could
potentially infringe Article 101 TFEU, recalled that the Treaties do not only ensure that
competition in the internal market is not distorted, but they also pursue social policy
objectives. Thus, ‘the activities of the Community are to include not only a “system
474
Although the CJEU did not typify the false self-employed workers (FSE) as a category entitled to collective
rights, it confirmed that all employees, including those bogusly classified under different labels, are entitled to collective bargaining rights.
475 Judgment of the CJEU, Case C-67/96, Albany International BV v Stichting Bedrijfspensioenfonds
Textielindustrie [21.09.1999] ECR I-5751
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ensuring that competition in the internal market is not distorted” but also “a policy in the
social sphere”’.476
The Court went on by stating that:
‘It is beyond question that certain restrictions of competition are inherent in collective
agreements between organisations representing employers and workers. However, the
social policy objectives pursued by such agreements would be seriously undermined if
management and labour were subject to Article [101 (1) TFEU] of the Treaty when
seeking jointly to adopt measures to improve conditions of work and employment.
It therefore follows from an interpretation of the provisions of the Treaty as a whole
which is both effective and consistent that agreements concluded in the context of
collective negotiations between management and labour in pursuit of such objectives
must, by virtue of their nature and purpose, be regarded as falling outside the scope of
Article [101 (1) TFEU] of the Treaty.’477
Hence, by following an ‘exception-to-the-rule’ approach,478 the CJEU held that an
agreement can be excluded from the scope of application of Article 101 (1) TFEU and
consequently not be contravening EU competition law, as long as it fulfils two cumulative
conditions, namely: 1) being concluded by management (employer) and labour (workers’
representative bodies); and 2) aiming at improving work and employment conditions. In
the case at issue, the Court concluded that as the agreement was entered into by
employers’ and employees’ organisations and sought to guarantee a certain level of
pension to all workers in a given sector – thus contributing directly to improving their
working conditions as it concerned the workers’ remuneration – it did not fall within the
scope of 101 (1) TFEU.479
Relevance for platform workers
The Albany case is relevant for platform workers as it implies that platform workers
who are considered as ‘workers’ under EU law are excluded from the application of
the antitrust provisions of EU competition law and, consequently, permitted to conclude
collective agreements with the employing platforms (or end users) when the Albany
conditions are met. The recourse to collective action and the possibility to conclude
collective agreements is crucial for platform workers who often work under precarious
working conditions. Bargaining collectively to obtain fundamental labour rights
complementing those that are guaranteed by EU and national labour legislation, such as
minimum wage, insurance against accidents at work, protection against unfair dismissal,
working time and rest periods, is all the more relevant for platform workers. Collective
bargaining allows them to adapt working conditions to their needs in a more flexible and
pragmatic and fair manner, than that entailed by changing labour law.480
476
Case 67/96 para. 54
477 Case 67/96 paras. 59-60
478 Countouris, N., De Stefano, V. (2019). New trade union strategies for new forms of employment, ETUC,
Brussels. P.52; Aloisi, A., Gramano, E. (2018). Non-standard work and collective rights. Legal challenges, practical difficulties, and successful responses. Conference paper. P. 13 479
Case 67/96 paras. 63-64
480 OECD (2019), OECD Employment Outlook 2019: The Future of Work, OECD Publishing, Paris. P. 192
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2.2. The FNV Kunsten Informatie case: the right to collective bargaining for ‘false
self-employed’ persons
In another landmark case, C-413/13, FNV Kunsten Informatie,481 the CJEU addressed
the compatibility with competition law of a collective agreement applying to both
employees and the self-employed. The Court had to decide whether a collective
agreement negotiated by the Dutch trade union FNV setting minimum fees not only for
substitute musicians hired under an employment contract but also for substitute
musicians performing the same work as that of employees under a contract for services
was compatible with Article 101 (1) TFEU.
Referring to the Albany case, the Court recalled that an agreement concluded by
management and labour and improving work and employment conditions is excluded
from the application of Article 101 (1) TFEU. However, it considered that an organisation
acting on behalf of self-employed persons ‘does not act as a trade union association and
therefore as a social partner but as an association of undertakings.’482 It follows that:
‘A provision of a collective labour agreement, such as that at issue in the main
proceedings, in so far as it was concluded by an employees’ organisation in the name,
and on behalf, of the self-employed services providers who are its members, does not
constitute the result of a collective negotiation between employers and employees, and
cannot be excluded, by reason of its nature, from the scope of Article 101 (1) TFEU’.483
Therefore such an agreement has to respect EU competition rules.
However, the Court added that:
‘That finding cannot prevent such a provision of a collective labour agreement from being
regarded also as the result of dialogue between management and labour if the service
providers, in the name and on behalf of whom the trade union negotiated, are in fact
‘false self-employed’, that is to say, service providers in a situation comparable to that of
employees.’484
In order to understand whether a worker is in fact false self-employed, the Court made
the following two considerations.
First, it stated that ‘the term “employee” for the purpose of EU law must itself be defined
according to objective criteria that characterize the employment relationship’ and
recalled that, according to settled case law, ‘the essential feature of that relationship is
that for a certain period of time one person performs services for and under the direction
of another person in return for which he receives remuneration’.485 It is important to
point out that, although the reference to the criterion of ‘direction’ could be misread as
limiting the right to collective bargaining to workers who would be classified as
‘employees’ under a strict test of control and subordination,486 the CJEU interpreted such
criterion broadly. In Danosa,487 the Court stated that ‘the fact that [a person] is a
member of the Board of Directors of a capital company is not enough in itself to rule out
the possibility that she was in a relationship of subordination to that company’.488 The
fact that Ms Danosa received a remuneration, reported on her management to the
481
Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden [2015] 4 CMLR 1
482 C-413/13, para 28
483 C-413/13, paras 28-30
484 C-413/13, para 31
485 C-413/13, para 34
486 Countouris, N., De Stefano, V. (2019). New trade union strategies for new forms of employment. ETUC.
Brussels. p. 48 487
Case C-232/09 Dita Danosa v LKB Līzings SIA [2011] 2 CMLR 2
488 Ibidem, para. 47
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supervisory body which was able to dismiss her and, thus, took decisions contrary to her
wishes, where all circumstances that pointed to the existence of an employment relation
under EU law.489
Second, the Court clarified that a service provider can ‘lose’ its undertaking status ‘if he
does not determine independently his own conduct on the market, but is entirely
dependent on his principal, because he does not bear any of the financial or commercial
risks arising out of the latter’s activity and operates as an auxiliary within the principal’s
undertaking’.490 This consideration, rather than focusing on the traditional EU law test for
a self-employed service provider to be considered as a worker, considers the situation
where a service provider would not be regarded any longer as an undertaking in view of
their dependence on another undertaking.491 However, it is not clear whether these
service providers would be regarded as workers for the purpose of EU labour law in such
case. Interesting to note is that the criterion relating to the dependency of workers and
reference to the financial and commercial risk sharing and auxiliary capacity has been
used by the CJEU in the context of competition law and not in cases that concern EU
labour legislation.492
The Court added that ‘the classification of a “self-employed person” under national law
does not prevent that person being classified as a worker within the meaning of EU law if
his independence is merely notional, thereby disguising an employment relationship’.493
Relevance for platform workers
The FNV case is relevant for platform workers because it extends the right to collective
bargaining to false self-employed service providers, who are to be considered as workers
under EU legislation even if in practice they may be classified as self-employed by the
platforms and/or by national legislation. Collective agreements concluded by or on behalf
of platform workers who are either clearly workers, or can prove that they should be
considered as such since they are actually false self-employed service providers vis-à-vis
the platform, do not fall under the application of Article 101 (1) TFEU if they meet the
cumulative conditions as set out in the Albany case. In spite of the fact that the CJEU
confirmed its opinion in the FNV case that self-employed are to be considered as
undertakings and that the Treaties do not contain provisions encouraging self-employed
service providers to open up a dialogue with the employers to which they provide
services and hence to conclude collective agreements with a view to improving their
terms of employment and working conditions,494 it equally recognised that false self-
employed service providers should be considered as workers. In doing so, the CJEU
seems to have paved the way for recognising the freedom of association and collective
bargaining of many platform workers who are in such a situation. The rapid development
of platform work and businesses with an increasing variety of platform work
implementation forms may imply that a growing number of platform workers would
become classified as false self-employed or as workers and be entitled to collective
labour rights.
489
Ibidem.
490 C-413/13, para 33
491 Countouris, N., De Stefano, V. (2019). New trade union strategies for new forms of employment.
ETUC.Brussels. P.49
492 Risak, M., Dullinger, The Concept of Worker,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3190912 ; Kountouris, The Concept of Worker in EU Labour Law, ILJ 2018, 192; Ioannis Lianos, Nicola Countouris, Valerio de Stefano, Re- thinking the competition law/labour law interaction: Promoting a fairer labour market, (2019) 10(3) European Labour Law Journal 291 https://www.ucl.ac.uk/cles/sites/cles/files/cles_3-2019.pdf 493
C-413/13, para. 35
494 C-413/13, para. 29
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The FNV ruling, however, pointed to the need to consider and evaluate the factual
circumstances of the individual cases when establishing whether a self-employed service
provider is an undertaking or not, using thereby some criteria or indices: the fact that
the self-employed person is (not) determining independently their own conduct on the
market, is (not) sharing any financial or commercial risk, is working or not as an
auxiliary within the business’ operations and has (or not) a relation of subordination with
the entity they provides their services to. The assessment and decision on the labour
market status and a possible (re)classification into ‘false self-employed’ are as a
consequence subject to an interpretation by national judges. As our main study has
revealed, assessments and classifications of platform workers who were contracted as
self-employed service providers by platforms have different outcomes in EU countries
but also national courts and individual judges have different opinions on sometimes
identical cases, demonstrating the complexity that is characteristic of platform
businesses’ operations.495 Legal uncertainty may therefore still persist and increase the
possibility for arbitrary decisions. A platform worker who is contracted as a self-
employed service provider by the platform, does not have an own business structure nor
have workers under employment contracts and is working under precarious working
and/or payment conditions, may still be considered to be an independent self-employed
person, in which case they are excluded from the collective bargaining rights under EU
competition legislation, unlike what would be the case if they were to be reclassified as a
false self-employed.
Furthermore, the CJEU’s position on the right of the self-employed to collective
bargaining as expressed and confirmed in the FNV case when referring to the absence of
provisions in the Treaties and a legal basis, appears to be mainly motivated by the
overall objective as enshrined in the Treaties, for example, to ensure free trade and fair
competition in the internal market. Provided this overall goal is maintained, the question
remains as to whether self-employed platform workers can set up associations and
conclude agreements with the platforms on other aspects of their collaboration which are
not affecting competition.
The main study revealed that several other conditions of the contractual relationships
between the platforms and the platform workers are of high concern to the latter, such
as the algorithmic management and automated decision-making based on digital
applications that affect the work allocation, organisation and evaluation, the right to
have access to the personal and behavioural data that are being collected and processed
by the platforms, the right to receive an adequate and timely explanation in cases of a
temporary suspension or (more) definite closure of the accounts, or the right to have
access to clients’ evaluations on the platform worker’s performance and to the ratings or
ranking of the latter. In those instances, collective agreements between self-employed
platform workers and platforms may not be regarded from an EU competition law
perspective as having a restrictive effect on the competitive process.
3. Collective rights for platform workers in Member States
The majority of the countries which were analysed under the main study (EU28 as well
as Norway and Iceland) pointed to EU competition law as an obstacle for self-employed
platform workers to organise and bargain collectively on matters related to their working
conditions including pay rates. Such agreements, which are concluded between self-
employed and/or between self-employed and the companies which are buying the
495
The assessment of the labour market status of platform workers is dependent on the facts and concrete
‘working’ relationship that exists between the platform and the platform worker and is hence connected with the assessment of the type of services that the platforms are providing in relation to the platform worker: are these services pure online information society services facilitating the direct transactions between the self- employed platform workers and ultimate consumers (as is envisaged by the recent P2B Regulation) or not, and
are these services operational tools facilitating work allocation and organisation within a wider business the platform is operating.
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services rendered by the self-employed, face the risk of being considered an
infringement of EU competition law.
However, whereas legal uncertainty exists about the employment status qualification of
many platform workers – whether to be considered as self-employed, ‘false self-
employed’, or employees – uncertainty also exists about the application of competition
law and the prohibition of collective bargaining for platform workers. In this context,
several initiatives have been taken in the national contexts with the aim to provide
platform workers, or more generally, dependent self-employed workers, with collective
rights and better working conditions. Such initiatives are particularly addressed to
platform workers in the transport, food delivery and cleaning sectors, thus, work
performed on-location and generally requiring lower skills.
Initiatives that have been reported on by the national experts include the adoption of
statutory legislation extending collective rights to platform workers or, more generally,
to economically dependent self-employed workers (see Section 3.1); the negotiation and
conclusion of collective agreements by trade unions and/or other organisations (see
Section 3.2); other trade union initiatives (see Section 3.3); grassroot organisations’
initiatives (see Section 3.4); and action taken by the platforms themselves (see Section
3.5).496
3.1 Statutory law
In Germany, Spain, Italy, Ireland, France, and Sweden legislation exists or has been
adopted to extend collective rights to platform workers or, more generally, to some
categories of self-employed.
In Germany, the Collective Agreement Act (‘Tarifvertragsgesetz’), which regulates the
rights and obligations of collective bargaining parties and establishes rules on the
content, conclusion and termination of employment relationships, extends the right to
collective bargaining to employee-like persons (‘arbeitnehmeraehnliche person’), namely
economically dependent self-employed workers (Section 12a (1)).497
Similarly, in Spain, Law 20 of 11 July 2007 on the Self-Employed Workers’ Statute, gives
economically dependent self-employed workers (‘trabajador autonomo economicamente
dependiente’ or ‘TRADE’) the right to collective bargaining. Article 19 entitled ‘Basic
collective rights’ establishes that ‘self-employed workers are entitled to: a) join a trade
or business association of their choice, b) affiliate and find professional associations
specific to self-employed workers without prior authorization, and c) exercise the
collective action to defend their professional interests’.498 Article 13 of the Self-Employed
Workers’ Statute sets out rules on the conclusion of collective agreements for
economically dependent self-employed workers (see box below).
Article 13 of the Spanish Statute of Autonomous Work
Article 13 entitled ‘Agreements of professional interest’ of the Self-Employed Workers’
Statute establishes as follows: 1) the agreements of professional interest set forth in
Section 2 of Article 3 of this Law, concluded between the associations or unions
representing the economically dependent self-employed workers and the companies for
which they carry out their activity, may establish the conditions of the time and place of
execution of said activity, as well as other general contracting conditions. In any case,
496 One or more of the mentioned initiatives have been reported in 20 of the countries
analysed, namely Austria, Belgium, the Czechia, Denmark, Estonia, Finland, France,
Germany, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, Sweden, and the UK.
497 The German Collective Agreement Act as modified on 12 December 2018 is available at:
https://www.gesetze-im-internet.de/tvg/ 498
The Spanish Law 20 of 11 July 2007 on the Self-Employed Workers’ Statute is available at:
https://www.boe.es/buscar/act.php?id=BOE-A-2007-13409
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the agreements of professional interest will observe the limits and conditions established
in the antitrust legislation; 2) agreements of professional interest must be concluded in
writing; 3) the clauses of the agreements of professional interest contrary to legal
provisions of necessary law will be considered null and void; and 4) the agreements of
professional interest will be agreed under the provisions of the Civil Code. The personal
efficacy of these agreements will be limited to the signatory parties and, where
appropriate, to the members of self-employed associations or signatory unions that have
expressly given their consent to do so.
In Ireland, the Competition Act was amended on 7 June 2017 to clarify the notions of
‘false self-employed’ and ‘fully dependent self-employed’ and exempt them from the
prohibition of collective bargaining and collective agreements.499
France is the first country in the European context which adopted statutory legislation to
provide social security and individual and collective rights specifically to self-employed
platform workers. The El Khomri Act of 8 August 2016 on work, modernisation of social
dialogue, and on securing career paths added Articles L. 7341-1 to L. 7342-6 to the
Labour Code whereby providing self-employed platform workers who are in an
economically and technically dependent relationship with an online platform with the
right to (i) insurance for accidents at work, (ii) professional training and validation of
their work experience, and (iii) constitute a trade union, be a member of a union, and
take collective action (see box below).500,501
The French case: El Khomri law and the right to collective rights for dependent platform
workers
Articles L. 7341-1 to L. 7342-6 of the El Khomri Act apply to ‘self-employed persons
using, for the exercise of their professional activity, one or more electronic contacting
platforms […]’ (Article L. 7341-1). Article L. 7341-1 must be read in combination with
Article L. 7342-1 which further specifies that ‘when the platform determines the
characteristics of the service provided or the good sold and fixes its price, it has, with
respect to the workers concerned, a social responsibility […].’ Thus, although Article L.
7341-1 would make the reader think that the provisions apply to all platform workers
who are (genuine) self-employed, Article L. 7342-1 specifies that the provisions only
apply to those workers deprived of the distinctive prerogatives of an entrepreneur, i.e.
that of setting prices and terms and conditions of service provision.502 It has been argued
that even though the French legislator has never established an intermediate category
between employees and the self-employed, these provisions can be seen as an attempt
to create a third status without actually naming it.
The El Khomri Act accords platform workers social security and labour rights. With
regard to social security and individual labour rights, the legislator introduced a
corporate social responsibility of the platform by establishing that (i) when the worker
takes out insurance covering the risk of industrial accidents or adheres to the voluntary
insurance for accidents at work, the platform bears its contribution, within the limit of a
ceiling set by decree (Articles L. 7342-2); and (ii) the worker has the right of access to
continuing vocational training the contribution of which is covered by the platform, and
499
The Irish Competition Act as amended on 7 June 2017 is available at:
https://data.oireachtas.ie/ie/oireachtas/act/2017/12/eng/enacted/a1217.pdf 500
The El Khomri Act of 8 August 2016 on work, modernisation of social dialogue, and on securing career paths
is available at: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00003298321 3&categorieLien=id 501
Garben, S. (2019). Tackling social disruption in the online platform economy. Shifting the narrative to the
benefits of (EU) regulation. FEPS Policy Paper. P. 11 502
Daugareilh, I. (2019). France. In Daugareilh,I.; Degryse, C.; & Pochet, P. (eds) The platform economy and
social law : Key issues in comparative perspective. ETUI, Working Paper 2019.10, p. 51
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the right to obtain, at his request, validation of the working experience with the platform
(Article L. 7342-3).
With regard to collective labour rights, the legislator accords platform workers’ very
similar collective rights to those of employees. This has been considered as ‘a first step
toward a common labour law, as advocated by part of the French doctrine’.503
L. 7342-5 of the El Khomri Act accords the right to collective action to platform workers
by establishing that ‘Movements aimed at collectively refusing to provide their services
organised by workers in defence of their occupational claims may neither incur their
contractual liability – except in cases of their abusive use – nor constitute grounds for
terminating their business relations with the platforms nor justify measures penalising
them in the exercise of their work’. This provision seems to give platform workers the
right to strike. It is important to stress that the right to strike in France is a
constitutional right guaranteed to all workers regardless of their employment status
which has been exercised by such self-employed workers as truck driver, lawyers, etc.504
However, this is the first time that the French legislator recognised it as a particular
category of self-employed workers.505
Article L. 7342-6 of the El Khomri Act additionally establishes that ‘the workers
mentioned in Article L. 7341-1 enjoy the right to form a trade union, to join it and to
assert through it their collective interests’. Although the legislator has not expressly
mentioned the right to collective bargaining, it is debatable whether the wording ‘assert
through it their collective interests’ also encompasses the right to collective bargaining.
It could be assumed that given the sensitiveness of the issue derived from the fact that
competition law prohibits collective bargaining for the self-employed and the fact that
platform workers find themselves in a grey area between employment and self-
employment, the legislator decided to remain silent on this point,506 thereby neither
explicitly allowing collective bargaining for platform workers nor excluding it.
The French Loi d’Orientation des Mobilités (LOM),507 currently being discussed in
Parliament, confers to platform workers in the transport sector who are self-employed
additional rights such as the right to disconnect from the app without retaliation and the
right to refuse to take a ride. It also introduces information obligations on the platform
such as information on the distance of each ride and the minimum price. Platforms are
also encouraged to adopt (voluntary) charters dealing with working conditions, social
protection, fees, and so on. It has been argued that France is moving towards a third
employment status in between self-employment and employee in a similar way to the
workers’ status in the United Kingdom or the TRADE in Spain.
The Italian region of Lazio adopted regional legislation on 20 March 2019 which aims to
regulate remuneration, health and safety, and social protection of all types of platform
workers regardless of their employment status. It is unclear whether the law also covers
collective rights. However, the Lazio regional legislation is worth mentioning as it
purportedly has an exceedingly broad scope. It applies to all platform workers
throughout all market sectors and covers many working conditions and social protection
challenges that platform workers face. In spite of its novel approach in covering the
503
Ibidem.
504 Ibidem, p. 56
505 Ibidem, p. 56
506 Countouris, N., De Stefano, V. (2019). New trade union strategies for new forms of employment. ETUC.
Brussels, p. 45 507
The text of the LOM legislative proposal is available at:
https://www.legifrance.gouv.fr/affichLoiPreparation.do?idDocument=JORFDOLE000037646678&type=general& typeLoi=proj&legislature=15. This was adopted in the first reading by the Senate on 2 April 2019, by the
National Assembly on 28 June 2019 in its first reading and by a new reading of the National Assembly on 17 September 2019.
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working conditions and social protection rights of all platform workers, the regional
legislation is likely to be challenged on the grounds of its constitutionality given its broad
scope.
Finally, the Swedish labour law contains the notion of a ‘third or in-between category’ of
workers for the purpose of collective labour law.508 Labour law extends to dependent
contractors the right to collectively organise and conclude collective agreements.
However, in light of the expanding concept of employee, this concept has lost its
practical importance. Most workers that were meant to be covered by this concept at the
time of legislation are now considered employees.
For reason of completeness, it is worth mentioning that Slovenia and the UK also have
an intermediate category of workers, but workers defined as such do not benefit from
collective rights.
3.2 Collective agreements
In Germany, Denmark, Italy, Spain, Norway and the UK collective agreements for
platform workers have been negotiated by different bodies, such as traditional trade
unions, local administrations, and non-profit organisations.
In Germany, the trade union NGG (German Food, Beverages, and Catering trade union)
organised the Köln-based workers of Foodora, a food delivery platform, into a works
council which then concluded a collective agreement with Foodora. The agreement
applies to Foodora platform workers operating in the city of Köln, and provides for better
working conditions and better remuneration.
In Denmark, trade unions concluded two remarkable collective agreements with two
different platforms. In 2018, the 3F trade union entered into a company-level collective
agreement with Hilfr.dk, a Danish platform providing cleaning services, which granted
platform workers minimum wage, sick pay, holiday allowance, a contribution to their
pension, and protection against dismissal.509 The agreement applies to the platform’s
employed platform workers. It tries to bestow an employer role to the platform in a
number of ways. Basically, the agreement leaves it up to the platform worker to choose
whether to work for the platform as an employee, in which case the collective agreement
applies, or as a self-employed person, in which case the agreement would not apply.510
The agreement also sets out a sort of rebuttable presumption of ‘employment’ after the
self-employed platform worker has performed 100 hours of work for the platform. In
such a case the collective agreement applies unless the platform worker opts out.
Platform workers who wish to transfer their status from self-employed to employee
before having worked 100 hours must notify Hilfr. In this case, the collective agreement
will cover new work assignments agreed after the time of notification. Platform workers
who wish to remain self-employed after 100 hours’ work facilitated by the platform must
inform Hilfr of this decision well in advance of the expiry of the 100 hours. They will then
not obtain employee status and will not be covered by the collective agreement. It has
been stressed that although the worker is hired by Hilfr as ‘employee’, his employment
508
Section 1 paragraph 2 of the 1976 Co-determination Act states that: ‘the term “employee” as used in this
Act shall also include any person who performs work for another and is not thereby employed by that other person but who occupies a position of essentially the same nature as that of an employee. In such circumstances, the person for whose benefit the work is performed shall be deemed to be an employer.’ These are the so-called dependent contractors (‘quasi-employees’). See e.g. M. Rönnmar, ‘The personal scope of Labour law and the notion of employee in Sweden’, https://www.jil.go.jp/english/events/documents/clls04_ronnmar2.pdf, p.162. 509
The text of the collective agreement concluded between Hilfr and 3F entered into force on 1 August 2018 is
available at: https://www.3f.dk/fagforening/fag/rengoeringsassistent-(privatansat)/overenskomsten-hilfr. 510
The Danish expert completing the questionnaire for the ‘Study to gather evidence on the working conditions
of platform worker’ financed by the European Commission in the year 2018-2019 (VT/2018/032) reported that the collective agreement was met with some scepticism by legal scholars, in particular with regard to the
choice left with the platform worker as to whether remain self-employed or to be covered by the agreement, as this is in contrast with the tradition of a collective agreement to be mandatory for the worker.
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status could still be legally challenged. The agreement entered into force on 1 August
2018 and expired on 31 July 2019. The agreement was prolonged until the end of
October and negotiations are currently ongoing in order to expand its scope to all digital
platforms concerned with cleaning services for private households (see box below).
The Danish case: Collective agreement between 3F and Hilfr.dk
In a conversation with the political communication advisor of 3F held in Brussels in July
2019, the numerous challenges they encountered to reach such a collective agreement
with Hilfr.dk were explained. First, as it was the government that encouraged the parties
to enter into negotiations, there was a lack of mandate from platform workers. This
raised problems in terms of legal representation as trade unions have always found their
legitimacy to collectively bargain on the basis of the mandate received from their
members. Second, before being able to negotiate, they faced the difficulty of
understanding Hilfr’s platform work model and detect the challenges it posed for the
workers performing cleaning services. Third, they had to come up with new strategies to
avoid the violation of competition law. Thus, as applying the collective agreement to self-
employed platform workers would have infringed competition law, they decided to leave
it up to the worker to decide whether to work for the platform as employee or self-
employed. The collective agreement applies only in the case where they decide to work
as an employee.
That same year, the Danish HK Privat trade union and Vocaali.com, a platform providing
online interpretation services, entered into two collective agreements, one applying to
the platform’s employed workers and the other to the platform’s self-employed workers.
The former agreement extends to future workers employed by the platform under the
Danish Salaried Employees Act for Trade, Knowledge and Service. At the same time,
Voocali and HK Privat concluded a freelance agreement applying to freelance interpreters
(self-employed) who find assignments through Voocali's platform.511 The latter
agreement covers all work that is either performed at Voocali's platform, or which
Voocali provides for performance for a user business, and which is not covered by the
salaried employees' collective agreement for trade, knowledge and service. The
agreement addresses several aspects of the working conditions. Most notably, it
introduces hourly minimum fees by establishing that services provided through Voocali
may not underprice the general salary level for permanently employed interpreters on
the Danish labour market. The Danish national expert involved under the main study
indicated that the price setting of the agreement may infringe antitrust laws.
The Danish case: Collective agreement between HK and Voocali.com
A consultant of HK explained that they entered into a collective agreement with
Voocali.com not knowing the status of the workers.512 Indeed, HK and Voocali.com
acknowledged that freelance interpreters working for Voocali.com are in a grey area
between employment and self-employment, and that, regardless of their employment
status they needed some protection.
In 2018 the municipality of Bologna in Italy promoted a Charter of Fundamental Rights
for Platform Work which was signed by trade unions, delivery riders’ autonomous
representatives and some platforms operating in the city of Bologna. Acknowledging that
platform work raises questions about the application of existing legal frameworks as it
blurs the boundaries between employment and self-employment, the Charter establishes
minimum protection standards that apply to all platform workers operating within the
territory of the metropolitan city of Bologna, independent of their employment status.
The Charter sets out a fixed hourly rate in line with the sectorial minimum wage,
511
The freelancer collective agreement concluded by the Danish HK Privat trade union and Vocaali.com is
available at: https://www.hk.dk/-/media/dokumenter/raad-og-stoette- v2/freelancer/agreementvoocalihkprivat.pdf?la=da&hash=6236D45EE264C88EC87062E5193A18EFC645D7E7 512
The focus group was held in Copenhagen on 7 June 2019.
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compensation for overtime, holiday, and conditions in case the work is performed under
special weather, the right to organise and the right to industrial action.
Also in Italy, the 2018 national collective bargaining agreement in the logistics service
sector applies to delivery riders who are classified as employees. The collective
agreement sets out, among others, minimum hourly pay, working time, rest period,
insurance for damage against third parties, and rules on the reputational system.
In Spain, the non-profit association ASO riders supported by the trade union UGT and
Deliveroo, a food delivery platform, concluded a collective agreement setting minimum
rates of pay, daily/weekly rest periods, holiday and annual leave, and so on.
In early 2019 the British courier company Hermes negotiated a new agreement in the UK
with the GMB union, offering its drivers a guaranteed minimum wage and holiday pay.
Finally, in Norway, Foodora riders organised by the Norwegian Transport Union are
currently negotiating a collective agreement demanding, among others, hourly rate,
equipment reimbursement and increased working time.
3.3 Other trade union initiatives
Traditional trade unions have undertaken a number of actions and initiatives that aim to
organise and represent platform workers. Most often, because of the limits imposed by
competition law, these initiatives do not aim at collective bargaining but to provide
information and awareness raising among platform workers. Such initiatives have been
reported in Austria, Belgium, Denmark, Germany, Spain, Finland, France, Italy,
Netherlands, Norway, Poland, Portugal, Sweden, Slovenia, and the UK. More information
on selected initiatives is provided in the box below.
In Germany, IG Metall (the German Metalworkers' Union) created the Platform ‘Fair
Crowd Work’ which collects information about crowdwork, app-based work, and other
platform-based work from the perspective of workers and unions. It also offers ratings of
working conditions on different online labour platforms based on surveys with workers.
The platform was joined by the Austrian Chamber of Employees (Arbeiterkammer) and
the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund) in 2016.
Similarly, in Spain, in 2018 platform workers affiliated to the traditional union UGT
(Unión General de Trabajadores) created – in collaboration with the union – a new and
specific platform for information, vindication, organisation and denunciation for platform
workers.513
A network of trade unions in Austria, Denmark, Germany, Sweden, the UK and the US
issued a declaration on platform-based work in Frankfurt on 6 December 2016.514 The
declaration calls for transnational cooperation between workers, worker organisations,
platform clients, platform operators, and regulators to ensure fair working conditions and
worker participation in governance in the growing world of digital labour platforms.
3.4 Grassroot organisations’ initiatives
Besides traditional trade unions initiatives, grassroot organisations’ initiatives have
emerged in several countries. These are bottom-up initiatives organised by the platform
workers themselves with or without the support of trade unions. Grassroots
organisations aim to make their demands heard in different ways, such as through
strikes, boycotts, petitions, mass disconnection, flash-mobs, and reaching out to the
media. Such initiatives have been taken in Belgium, Croatia, Estonia, Finland, France,
Germany, Spain, Italy, Ireland, the Netherlands, Slovakia, and the UK.
513
See: http://turespuestasindical.es/
514 The Frankfurt Declaration signed in Frankfurt on 6 December 2016 is available at:
https://www.igmetall.de/download/20161214_Frankfurt_Paper_on_Platform_Based_Work_EN_b939ef89f7e5f3 a639cd6a1a930feffd8f55cecb.pdf
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In Belgium, riders organised themselves into the ‘Koeriers Kollektief’, an autonomous
organisation through which they have been advocating for their rights. In Estonia,
around 100 Bolt (former Taxify) drivers went on strike in 2018 over a new pay deal. The
drivers called the strike ‘an evening coffee’. The same drivers went on another strike
later that year which they called ‘rush-hour coffee’. These bottom-up initiatives were
organised by platform workers through social media. In Finland, the couriers of food
delivery platforms Foodora and Wolt have created the website ‘justice4couriers’515 to
share their work experiences, raise awareness and campaign to improve their working
conditions. In France, Uber drivers created the VTC association to negotiate over wage
and working conditions. At the same time, delivery workers have created the delivery
workers cooperative (CLAP) aimed at raising awareness and negotiating with delivery
platforms on working conditions and social protection. Drivers and couriers have also
organised a number of strikes and demonstrations. In Spain, the ‘Riders por Derechos’
organisation and ASO riders, representing respectively Deliveroo riders and riders of
different platforms, have been advocating for better working conditions. Platform
workers in collaboration with the trade union UGT have also created an online platform
for information and organisation purposes. In Italy, a number of boycotts, mass
disconnection and flash mobs have taken place in Bologna, Milan, and Turin. Riders in
the city of Bologna have set up a union, Rider Union Bologna, through which they
organise and campaign for better working conditions. The sharing of information and
work experience is facilitated by the Rider Union Bologna Facebook group page. In
Ireland, Dublin-based Deliveroo riders have been protesting and campaigning for better
working conditions, in particular for better health and safety at work. In the Netherlands,
Deliveroo riders with the support of FNV created the Riders Union FNV which has been
advocating for the rights of meal-deliverers. In Slovakia, Bolt drivers are organised
through social networks such as Facebook and Whatsapp to give voice to their mutual
problems and dissatisfactions. In the UK, Deliveroo riders with the involvement of GMB
and IWGB trade unions campaign for better working conditions. Grassroot organisations
were also reported in Germany and Croatia.
3.5 Action by platforms
A number of initiatives have also been taken by the platforms themselves. For example,
in Germany, the crowdsourcing platform Verbant agreed to abide by certain principles as
laid down by the Crowdsourcing Code of Conduct. In Belgium, since 2015 Uber has
collaborated with insurance companies to provide its workers with insurance against
accidents at work. Similarly, in Romania, Uber collaborated with AXA insurance company
to cover workers against accidents at work as well as providing them with maternity and
parental leave. Uber also launched an AXA insurance in Portugal for drivers and food
delivery workers. In the United Kingdom, Uber and Deliveroo have set up a rider
accident insurance scheme. In the Netherlands, Deliveroo created a rider forum to give
all riders a formal voice within Deliveroo. Finally, in Czechia, companies operating in the
platform economy have created the Czech Sharing Economy Association (Česká asociace
sdílené ekonomiky (ČASE)) aimed at negotiating with the authorities on fair working
conditions for business.
Some preliminary conclusions
This reflection paper examined the relation between antitrust limits to the freedom of
association, collective action and collective bargaining rights and their application to
platform workers with the aim of bringing more clarity as to whether platform workers
are permitted to collectively organise themselves and conclude collective agreements
with the platforms on their working conditions and social protection.
Under EU competition legislation self-employed persons are considered as undertakings,
and organisations of self-employed as associations of undertakings. Agreements
between undertakings which may affect the conditions of trade and competition, such as
515
https://www.justice4couriers.fi/
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(collective) agreements concluded between self-employed and undertakings, which rely
on the services of these self-employed, may be considered as anticompetitive and thus
restrictive of competition.
In its Albany judgment the CJEU ruled that collective agreements which are concluded
between employers and workers’ representatives are excluded from the application of
the antitrust provisions of EU competition law when they are aimed at improving the
working conditions. The CJEU argued that the social policy objectives which are
enshrined in the Treaties would be seriously undermined if management and labour were
subject to Article [101 (1) TFEU] of the Treaty when seeking jointly to adopt measures
to improve conditions of work and employment. The Albany cumulative conditions
require (1) an agreement between employers and the workers’ representative bodies
concluded through collective bargaining and (2) with the specific aim to improve the
working conditions of the workers.
The CJEU ruled furthermore in the FNV judgment that collective agreements which are
concluded by or on behalf of false self-employed do not fall under the application of
Article 101 (1) TFEU and are not to be considered as a distortion of competition law
provided both conditions of the Albany case are met. ‘False self-employed’ are service
providers who, in spite of being contracted or considered by national law or by the
contracting parties as self-employed, ‘are in a situation comparable to that of employees’
as they are not independently determining their own conduct on the market and are
dependent on their principal. The subordination requirement which is the main
determining factor for establishing an employment relationship under EU law may be
seen, at least in the context of EU competition legislation, as being complemented by a
criterion relating to economic dependency.516
In practice many individual platform workers are in a situation of subordination and/or
dependency and act without any commercial risk sharing and/or as a mere auxiliary of
the platform’s operations. On the basis of the above-mentioned criteria and taking into
account the factual circumstances, an assessment will be made by national courts to
determine whether these platform workers can be considered as false or bogus self-
employed and have recourse to the ruling of the CJEU and initiate collective action with a
view to improve their working conditions.
The key question as to whether platform workers can collectively negotiate with the
platforms on their working conditions is hence closely related to their labour market
classification as either workers or self-employed. Platform workers who are employed by
platforms and have the status of workers can conclude collective agreements with the
platforms on their working conditions including on matters that concern their wages or
supplementary pension schemes, whereas, because of competition rules, self-employed
platform workers in principle cannot, unless they are considered to be false self-
employed in accordance with the CJEU rulings.
The ultimate assessment is done by national courts and based on the factual
circumstances leaving room for interpretation, which in turn is leading to varying
outcomes between countries but also between courts within the same national
jurisdiction. Legal uncertainty is likely to persist given the continuously developing new
modes of operation in the platform business. The labour market classification of the
platform worker is moreover intrinsically connected with the interpretation of the type of
services the platforms are providing. Are the latter purely online information society
services intermediating between the self-employed and their clients, and hence
facilitating direct transactions between the self-employed and their clients (in the
meaning of the recent P2B Regulation), or are they part of the entire business of the
platform and merely an operational instrument serving the internal work allocation and
organisation?
516
Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden [2015] 4 CMLR 1, par. 33.
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The question remains as to whether (genuine) self-employed can set up associations,
take collective action and negotiate with the platforms on their working conditions, a
right that has been recognised by international labour law.517
The CJEU has thus far maintained its position that the self-employed are to be
considered as undertakings and that the Treaties do not contain provisions encouraging
self-employed service providers to open up a dialogue with the employers for which they
provide services with a view to improving their terms of employment and working
conditions. A self-employed platform worker even when working in a precarious situation
falls within this remit. The Court’s position was, however, embedded into a specific
reasoning and in the context of EU free competition rules as one of the cornerstones of
the internal market.
Agreements on matters that concern the terms and conditions laying down the rules for
the organisation of work, depending on the circumstances of each case, may be
considered as not restrictive of competition – as opposed to price fixing. Therefore, in
certain situations, the self-employed or their associations could engage in collective
negotiations with the platforms and conclude agreements to that end.
The results of the main study reveal that some of the high priority concerns of platform
workers may not be related to competition issues but are often concerned with the way
platforms are operating, such as the algorithmic management and on-line applications
for the work allocation, organisation and evaluation.
It follows that self-employed platform workers may set up associations and conclude
agreements with the platforms on issues that relate to the personal or behavioural data
protection of the platform workers, on the right to receive an adequate explanation from
platforms in cases of a suspension or termination of the account or on the way that their
work is being evaluated by customers.
The issue of collective labour rights for platform workers has been at the centre of policy
debate in a limited number of Member States. Some Member States have initiated
legislation granting collective rights to (some categories of) dependent self-employed
whereas in others collective agreements have been concluded between some platforms
and the platform workers (including self-employed) often concerned with basic working
conditions and rights such as the protection against accidents at work, minimum pay
rates, working time and rest periods. Traditional trade unions in Member States are
(still) cautiously but increasingly embracing the needs of platform workers, whereas the
latter often take recourse to collective action in situations of conflict. Platform workers
have created representative organisations in a few Member States. The mentioned
actions taken by Member States vary to a large extent and there is no uniform approach
when collective labour rights for platform workers are concerned.
In summary, platform workers, regardless of their labour market classification as
workers or self-employed, may for certain purposes set up associations and conclude
(‘collective’) agreements as long as these agreements do not prevent, restrict or distort
competition. The lawfulness of collective agreements which may prevent or restrict
517
According to the ILO Committee, the right to collective bargaining extends to self-employed workers, and
ILO member States are expected ‘to take the necessary measures to: (i) ensure that “self-employed” workers, such as heavy goods vehicle drivers, fully enjoy freedom of association rights, in particular the right to join the organizations of their own choosing; (ii) to hold consultations to this end with all the parties involved with the aim of finding a mutually acceptable solution so as to ensure that workers who are self-employed could fully enjoy trade union rights under Conventions Nos 87 and 98 for the purpose of furthering and defending their interest, including by the means of collective bargaining; and (iii) in consultation with the social partners concerned, to identify the particularities of self-employed workers that have a bearing on collective bargaining so as to develop specific collective bargaining mechanisms relevant to self-employed workers, if appropriate’. See ILO. 2018. Freedom of Association Compilation of decisions of the Committee on Freedom of Association. Sixth edition (2018), Geneva, ILO, para. 387; See also A. Perulli, ‘Subordinate, Autonomous an Economically
Dependent Work: A Comparative Analysis of Selected European Countries’, in G. Casale (Ed.), The Employment Relationship. A Comparative Overview (Hart, ILO, 2011), p. 159.
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competition, for example when they concern minimum payment rates or the setting up
of supplementary social protection schemes, depends on whether they cover only
workers or also include self-employed service providers. The CJEU considered collective
agreements as perfectly legitimate and not in breach of the EU competition rules when
they have been the result of social dialogue between employers and worker’s
representatives with the aim of improving the working conditions of the workers. The
CJEU included in this reasoning also the ‘false’ self-employed – those who, on the basis
of their actual working conditions are in a situation comparable to workers – as they
cannot be considered as undertakings because of their dependency on another
undertaking. As a consequence, many platform workers who are in such a situation are
likely to be regarded as ‘false self-employed’ service providers.
However, since the assessment is done by national judges and based on an
interpretation, legal uncertainty may yet persist. EU antitrust legislation and CJEU rulings
still seem to restrict the possibilities for independent self-employed platform workers to
conclude agreements on matters that may prevent or distort free competition even when
they are single self-employed and perform their services in very precarious situations. In
the context of platform business practices, which is characterised by the often
extrapolated differences in power relations between the platform business and the
individual platform worker, unilateral enforcement of conditions of pay and service
provision by the platforms with no degree of contract negotiation, and cooperation based
on (semi)automated decision-making with no human interventions, access to the right to
associate and right to conclude agreements that concern at least minimum payment
conditions and labour and social protection levels for individual self-employed platform
workers appear to be an essential social policy consideration that would deserve the
necessary attention from policymakers.
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Reflection Paper 2
The GDPR518 and its potential role for the (data) protection of platform workers519
518
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 519
Lead authors: Willem Waeyaert and Harald Hauben, Eftheia bvba
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1. Algorithmic management in the platform economy
1.1 General considerations
Algorithmic management is a diverse set of technological tools and techniques to
remotely manage workforces.520 It is a system where algorithms rather than humans
decide how business operations should be performed. The app itself seems to be the
main management tool.521 It relies heavily on data collection of workers to enable
automated or semi-automated decision-making.522 Many actors in the platform economy
are some of the most prominent developers of this novel algorithmic management.
Platforms exert continuous digital monitoring through massive data collection of platform
workers’ behaviour, which may be fed into automated performance reports and work
allocation decisions. For instance, drivers’ movements are tracked using GPS location.
Moreover, the actual working time, break habits, speed of performance and aggregated
income are tracked through the digital apps.
Another component of this algorithmic management are the rating and review systems,
which result in a ranking of the individual platform workers. The assignment of the next
task by the app’s algorithms is for several platform workers directly linked to the ratings
and reviews they receive from the customers through the platforms’ digital applications.
What’s more, bad scores or a performance below the algorithm’s standards can lead to a
lower ranking in the pick-order for new assignments and in some cases to the temporary
or permanent exclusion (‘deactivation’ or delisting) of the platform worker from the
platform.
Algorithmic management is also characterised by the growing use of ‘nudges’ and
penalties to indirectly incentivise worker behaviour. For example, an Uber driver may
receive notifications to travel to certain surge areas where there is higher passenger
demand without the certainty of an effective assignment. Similarly, the Uber app shows
at all times how much money the driver has made, accompanied by a graphic of an
engine gauge with a needle that comes tantalisingly close to, but is still short of, the
euro sign.523 All this aims to shape the platform workers’ behaviour.
In a sense, these management techniques do not dramatically differ from the techniques
used by traditional employers. Traditional employers also collect data from their
employees and exert control through monitoring their job performance. However, the
platform economy is posing some new challenges.
First, the gathering of (personal) data is done through complex computational processes.
The subsequent enormous data flow and constant digital monitoring allows for a deep
intrusiveness into the lives of platform workers which is in no way comparable to
traditional working relationships.
Second, the decisions which are based on this data collection and processing are mostly
implemented by automated or semi-automated processes with minimal human
involvement. In a way, it dehumanises the decisions that affect employees negatively
and makes it easier for managers to behave ruthlessly as they do not feel the direct
effect of the decision. It allows them to hide behind the argument that they did not make
the decision; the algorithm did.524
520
V. DE STEFANO, “Negotiating the algorithm: automation, artificial intelligence and labour protection”,
https://ssrn.com/abstract=3178233, 38 p 521
M. IVANOVA, J. BRONOWICKA, E. KOCHER and A. DEGNER, “The app as a boss? Control and autonomy in
Application-based management”, Work in Progress interdisziplinärer Arbeitsforschung Nr. 2 2018, 28 p 522
A. MATEESCU and A. NGUYEN, “Algorithmic management in the workplace”, Data & Society 2019,
https://datasociety.net/wp-content/uploads/2019/02/DS_Algorithmic_Management_Explainer.pdf 523
N. SCHEIBER, “How Uber uses psychological tricks to push its drivers’ buttons”, New York Times, 10 p
524 See also in this regard: T. Simonite, When Your Boss Is an Uber Algorithm, MIT Technology Review (2015),
www.technologyreview.com/s/543946/when-your-boss-is-an-uber-algorithm
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Third, platforms rely heavily on rating and review systems as a source for decisions
about the deployment of platform workers for new assignments and for the suspension
and termination of the cooperation. In other words, platforms analyse ratings and
reviews to measure the professional reputation of each worker in order to exercise the
typical employer’s power of decision and control. This reliance on the customers to
inform decisions which affect platform workers signifies an important departure from
traditional structures which relied on middle management to direct workers.525 It is
basically a form of outsourcing the performance evaluation of platform workers to the
customers.526
1.2 Impact on employment or labour market status classification
The far-reaching intrusiveness in terms of access to personal data, digital monitoring and
subsequent power and control over platform workers has important implications on the
employment status classification.
As we know, many platform workers are considered, certainly by the platforms
themselves, to be self-employed. The situation of a genuine self-employed platform
worker is characterised (but not exhaustively) by the lack of subordination towards their
employer. The question stands as to whether this extensive digital monitoring and
(semi)automated evaluations can be equated to some sort of subordination or
direction527 as the latter is one of the key criteria that determine the status of a worker
in accordance with the prevailing EU legislation and CJEU case law.528
It is clear by now that the platforms face a conundrum. On the one hand, the platform
economy deals with platform workers who perform their work out of the direct sight of
their supervisors. Platforms have a dispersed workforce and no common physical
workplace, and if they want to maintain maximal labour performance, they use extensive
control through the app as elaborated above.529 On the other hand, platforms consider
the platform workers as self-employed, which does not fit the reality of the extensive
control and supervision which is applied by the platforms.
Irrespective of the previous considerations, to make a solid assessment of the
employment status, one needs to have adequate insight into the workings of the
algorithm and more specifically which personal data from the platform worker it collects
and what it in turn does with these data. This is exactly where the GDPR comes into
play.
2. The GDPR and its implications for platform workers
The GDPR provides the platform worker with a range of rights concerning their personal
data. These rights are inter alia the right to be informed if, how, why, and by whom
your data are being processed; the right to access and get a copy of your data; the
right to have your data corrected or supplemented if they are inaccurate or incomplete;
the right to have your data deleted or erased; the right to limit or restrict how your data
are used; the right to data portability; the right to object to the processing of your
data; and the right not to be subject to automated decisions, without human
525
A. MATEESCU and A. NGUYEN, “Algorithmic management in the workplace”, Data & Society 2019,
https://datasociety.net/wp-content/uploads/2019/02/DS_Algorithmic_Management_Explainer.pdf 526
The direct evaluation by customers of the performance of platform workers is often used by platforms to
support their thesis that their role is limited to mere online intermediation services and/or that platform workers are independent self-employed who directly deliver their services to the customers. 527
A. INGRAO, “Assessment of feedback in the On-demand era” in Working in digital and smart organizations,
Springer International, Switzerland, 2018, 93-111 528
See Section 3 of the main study concerning the analysis of the EU labour and social protection legislation
and their relevance for platform work. 529
M. IVANOVA, J. BRONOWICKA, E. KOCHER and A. DEGNER, “The app as a boss? Control and autonomy in
Application-based management”, Work in Progress interdisziplinärer Arbeitsforschung Nr. 2 2018, 28 p
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involvement, where it would produce legal effects concerning the platform
worker or ‘similarly significantly affecting’ the platform worker.
As this is a reflection paper, and space is limited, we will focus on two issues which are
especially relevant for platform workers. First, we will discuss the right to access to
personal data for the platform worker, followed by an analysis of whether the GDPR
provides a right to an explanation of a decision by the platform which (legally) affects
them. Second, we will analyse whether the GDPR provides a comprehensive right to data
portability for the platform worker.
To conclude, we will briefly explore the potentially discriminatory biases underlying the
algorithms that are making decisions which affect platform workers.
2.1 The right to access personal data (Article 15 GDPR)
In a landmark test case of the right of access to personal data in relation to platform
workers, four current and former Uber drivers are taking legal actions against the ride-
hailing app in the UK.530 The drivers claim that Uber has breached their right by declining
access to their personal data Uber holds on them (Article 15 GDPR). This personal data
includes:
1) duration of time logged on to the platform (this would enable calculation of
potential pay owed to the drivers in holiday pay and minimum wage back pay
claims);
2) GPS data (this would enable drivers to calculate total operating costs including
revenue and non-revenue earning time and distance);
3) performance data including suspensions from the platform (this would enable
drivers to understand how their performance was monitored and managed over
time);
4) profiling information and details on how such data is processed, for example in
automated dispatch decision-making (this would enable drivers to understand how
they were profiled by the firm and the impact this may have had on the quality,
quantity and value of work offered over time);
5) trip ratings (drivers are dismissed when their rating dips below a certain level, so
the ability to legitimately appeal unfair ratings on a journey-by-journey basis can be
crucial to maintaining employment).
This case shows how important a considerable right of access to personal data is for
platform workers and for the protection of their working conditions. Article 15 GDPR
clearly provides a right of access to personal data. However, what exactly constitutes
‘personal data’? The GDPR defines personal data as ‘any information relating to an
identified or identifiable natural person (“data subject”) […]’.531 The definition includes
‘any information’, and thus the term personal data should be as broadly interpreted as
possible. This is also suggested in CJEU case law. In Nowak532 the Court has clarified
that:
530
See also the Judgment of the Court of Appeal London, Case (2018) EWCA civ 2748, Uber BV vs Yaseen
Aslam, James Farrar and others, (29.12.2018). Uber is currently challenging the decision of the Court of Appeal before the Supreme Court but the four drivers filed a new lawsuit against Uber for withholding data which in their opinion is contravening Article 15 of the GDPR; See also https://www.citylab.com/transportation/2019/08/uber-drivers-lawsuit-personal-data-ride-hailing-gig- economy/594232/ 531
Article 4 (1), Regulation of the European Parliament and of the Council n. 2016/679, 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 532
Judgment of the CJEU, Case C-434/16, Nowak v Data Protection Commissioner, (09.02.2018),
http://curia.europa.eu/juris/document/document.jsf?text=&docid=198059&pageIndex=0&doclang=EN&mode= lst&dir=&occ=first&part=1&cid=6035599
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33 As the Court has held previously, the scope of Directive 95/46 is very wide and the
personal data covered by that directive is varied (judgment of 7 May 2009, Rijkeboer,
C‑ 553/07, EU:C:2009:293, paragraph 59 and the case-law cited).
34 The use of the expression ‘any information’ in the definition of the concept of
‘personal data’, within Article 2(a) of Directive 95/46, reflects the aim of the EU
legislature to assign a wide scope to that concept, which is not restricted to
information that is sensitive or private, but potentially encompasses all kinds of
information, not only objective but also subjective, in the form of opinions and
assessments, provided that it ‘relates’ to the data subject.
35 As regards the latter condition, it is satisfied where the information, by reason
of its content, purpose or effect, is linked to a particular person.
The final sentence explaining when the data ‘relates’ to the data subject is especially
crucial for the right to access for platform workers. In its Opinion 4/2007533 on the
concept of personal data, the Article 29 Data Protection Working Party534 has (more or
less) clarified what it entails. In general terms, information can be considered to ‘relate’
to an individual when it is about that individual. Concretely, the data ‘relates’ to an
individual when there is a ‘content’ element or a ‘purpose’ element or a ‘result’ element
present. These three elements must be considered as alternative conditions, and not as
cumulative ones.
The ‘content’ element is present in those cases where information is given about
a particular person, irrespective of any purpose on the side of the data controller
or the impact of that information on the data subject.
The ‘purpose’ element can be considered to exist when the data are likely to be
used, taking into account all the circumstances surrounding the precise case, with
the purpose to evaluate, treat in a certain way or influence the status or
behaviour of an individual.
The ‘result’ element is present whenever the data can be considered to have an
impact on a certain person’s rights and interests, taking into account all the
circumstances surrounding the precise case. It is sufficient if the individual may
be treated differently from other persons as a result of the processing of such
data.
We may conclude that the scope of personal data is very broad. In our opinion, this
encompasses all the claims made by the four Uber drivers in the current UK landmark
test case. It is also in line with the general aim of the GDPR, which intends to give more
power to the data subject as regards personal data. Indeed, Article 4(1) GDPR defines
‘personal data’ as any information relating to an identified or identifiable natural person.
An identifiable person is one who can be identified, directly or indirectly, in particular
by reference to an identifier.535 The broad definition of ‘personal data can in turn restore
to a certain extent the power balance between the platform and the platform worker,
which can only influence their working conditions in a positive way.536
533
Opinion 4/2007 of the Article 29 Data Protection Working Party on the concept of personal data,
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2007/wp136_en.pdf 534
As of 25 May 2018 the Article 29 Working Party ceased to exist and has been replaced by the European
Data Protection Board (EDPB). 535
These identifiers are inter alia: a name, an identification number, location data, an online identifier, or to
one or more factors specific to the specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 536
In this context reference can be made to the new Regulation (EU) 2019/1150 which applies to online
intermediation services business users can rely on with a view to conclude direct transactions with consumers and which requires that the providers of the online intermediation services have terms and conditions that specify in plain and intelligible language which personal and other data are collected and processed by the providers as well as the description of the contractual and technical access (article 9).
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However, this does not imply that issues of enforcement won’t arise in the future.
Platforms are logically very reluctant to interpret ‘personal data’ as broad as they should
despite case law of the CJEU and Opinion 4/2007 of the Article 29 Data Protection
Working Party. Moreover, it may very well be that divergent interpretations of ‘personal
data’ among different Member States’ DPAs will lead to divergent enforcement levels,
again despite the broad and uniform interpretation provided by CJEU case law, the
Article 29 Working Party and Article 4(1) GDPR. Indeed, the GDPR experts consulted for
this study pointed out that in practice these different interpretations across Member
States’ data protection acts DPAs) are a real issue. An update of the European Data
Protection Board of the Guidelines on the concept of personal data could prove helpful in
this regard.
The P2B Regulation
The new Regulation (EU) 2019/1150537 may have some relevance in this context as it
obliges providers of online intermediation services to include in their terms and
conditions a description of the technical and contractual access, or absence thereof, of
business users to any personal data or other data, or both, which business users or
consumers provide for the use of the online intermediation services concerned or which
are generated through the provision of those services (Article 9). The Regulation applies
only to some very specific types of platform work, for example pure information society
services aimed at the conclusion of a direct transaction between the business user (as
for instance a self-employed platform worker providing services) and the consumer, and
hence not to platform businesses where the online facilitation is merely auxiliary to the
overall services that are offered to the customer or consumer, such as is the case in the
personal transport services or food delivery sector.
2.2 The right not to be subject to a decision based solely on automated processing
(Article 22 GDPR)
The second issue in our analysis explores the right not to be subject to a decision based
on automated processing, including the need for the data controller to provide
meaningful information on the existence of automated decision-making. As it stands,
opacity seems to be at the core of these algorithms.538 If one is a recipient of the output
of the algorithms, rarely does one have any concrete sense of how or why a specific
decision has been reached from the inputs.539 One example is the fact that platform
workers are routinely unable to see how their pay rates are calculated. Similarly, ride
hail drivers are often left clueless as to how the algorithm assigns their rides.540
According to Article 22(1) GDPR ‘the data subject shall have the right not to be subject
to a decision based solely on automated processing, including profiling, which produces
legal effects concerning him or her or similarly significantly affects him or her.’ It follows
from this paragraph that the GDPR sets a prohibition on automated individual decision-
making when the different conditions are met.541
537
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services 538
J. BURRELL, “How the machine ‘thinks’: understanding opacity in machine learning algorithms”, Big Data &
Society 2016, 1-12 539
J. BURRELL, “How the machine ‘thinks’: understanding opacity in machine learning algorithms”, Big Data &
Society 2016, 1-12 540
A. MATEESCU and A. NGUYEN, “Algorithmic management in the workplace”, Data & Society 2019,
https://datasociety.net/wp-content/uploads/2019/02/DS_Algorithmic_Management_Explainer.pdf 541
These conditions are implicit in article 22 (1):
a) A “decision” must be made
b) ”Solely”: there must be no human involvement in the decision process
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First, for the prohibition on automated processing to apply, the decision must produce
legal effects (or similarly significantly affect the platform worker).542 A legal effect may
be something that affects a person’s status or their rights under a contract. For example,
the deactivation of the account of a platform worker would fall under this condition.
Another example may be the refusal of the app to assign a new or higher-paid task to
the platform worker.
Difficult in this regard is the term ‘solely’ which is used. This means that there is no
human involvement in the decision process. Nevertheless, Article 29 (A29) Data
Protection Working Party has clarified that this human involvement must be meaningful,
rather than just a token gesture.543
The prohibition on automated decision-making does not apply if the decision is
‘necessary for entering into, or performance of a contract between the data subject and
a data controller’ (Article 22(2)(a)) or ‘is based on the data subject’s explicit consent’
(Article 22(2)(c)).544 Platform workers, if they are to be considered employees, can only
fall under the first derogation, as the Article 29 Working Party has stated that
‘employees are almost never in a position to freely give, refuse or revoke consent, given
the dependency that results from the employer/employee relationship’.545 However,
many platform workers are self-employed. A fully independent self-employed worker
would in principle be in a position where to give consent freely. Whether this is the case
for all self-employed platform workers is questionable. Imbalances of power are not
limited to employers and consent can only be valid if the self-employed platform worker
is able to exercise a real choice, and there is no risk of deception, intimidation, coercion
or significant negative consequences if they do not consent.546 In our opinion this
imbalance of power is surely present for many self-employed platform workers in their
relationship with the platform.
The other option the platforms have at their disposal to bypass the prohibition on
automated decision-making is Article 22(2)(a). Indeed, the prohibition does not apply if
the decision is ‘necessary for entering into, or performance of a contract between the
data subject and a data controller’. Platforms may wish to use solely automated
decision-making processes because they believe it is the most appropriate and efficient
way to achieve their objective. Platforms deal with an enormous amount of data that is
being processed, which makes routine human involvement impractical or maybe even
impossible. However, even then the platforms must take into account whether a less
privacy-intrusive method could be adopted.547 The question remains if this assessment is
properly made in the current platform economy. Likewise, the GDPR obliges platforms to
establish appropriate safeguards when automated decision-making is implemented. One
of these rights is the right to meaningful information about the logic, significance and
c) ”Legal or similarly significant effects”
d) The decision is “based on automated processing, including profiling 542
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018). 543
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018)
544 Nonetheless, even under those derogations article 22 (3) GDPR obliges data controllers to “implement
suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Recital 71 adds as an additional safeguard in those cases “the right to obtain an explanation of the decision reached after such assessment”. 545
A29 Data Protection Working Party, “Opinion 2/2017 on data processing at work”, 8 June 2017
546 A29 Data Protection Working Party, “Guidelines on consent under Regulation 2016/679”, 28 November
2017, 8 547
G. BUTTARELLi, “Assessing the necessity of measures that limit the fundamental right to the protection of
personal data” European Data Protection Supervisor, 11 April 2017, https://edps.europa.eu/sites/edp/files/publication/17-04-11_necessity_toolkit_en_0.pdf.
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envisaged consequences. The next section will further explore this right in relation to the
platform economy.
2.2.2 The right to meaningful information about the logic, significance and envisaged
consequences.
Articles 13, 14 and 15 GDPR, which contain information rights for the data subjects, all
state that in ‘the existence of automated decision-making, including profiling, referred to
in Article 22(1) and (4) and, at least in those cases, meaningful information about
the logic involved, as well as the significance and the envisaged consequences
of such processing for the data subject.’
According to Article 29 Working Party548 ‘meaningful information about the logic involved’
means that the platform must find simple ways to tell the data subject about the
rationale behind, or the criteria relied on, in reaching the decision. The information
provided should be sufficiently comprehensive for the data subject to understand the
reasons for the decision.549,550 The terms ‘significance’ and ‘envisaged consequences’
suggest that information must be provided about intended or future processing, and how
the automated decision might affect the data subject.551 According to Article 29 Working
Party it means that the controller should provide the data subject with information about
‘the envisaged consequences’ of the processing, rather than an explanation of a
particular decision.552 To make this information meaningful and understandable, real
tangible examples of the type of possible effects should be given.553
In addition, Article 29 Working Party states that the controller should provide the data
subject with general information (…) which is also useful for him or her to challenge
the decision. In fact, Article 22(3) obliges the data controller to implement suitable
measures to safeguard the data subject’s rights and freedoms and legitimate interest, at
least the right to obtain human intervention on the part of the controller, to express his
or her point of view and to contest the decision. The minimal safeguards laid down in
Article 22(3) necessarily involve an exchange of views, a dialogue, between the data
subject and the controller.
Therefore, the GDPR does support an extensive right to an explanation for the data
subject. The platforms will need to provide the platform workers with (general)
information which is useful for them to challenge the decision. Platform workers will only
be able to challenge these decisions or express their views if they fully understand how
they have been made and on what basis.554 Whether this amounts to a fully fledged right
to an explanation of a particular decision is debatable, but in any case the information
provided to the platform worker must be sufficient and useful to effectively challenge
any decision affecting them (e.g. deactivation of their account). It remains to be seen
548
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018) 549
M. VEALE and L. EDWARDS, “Clarity, surprises, and further questions in the Article 29 Working Party draft
guidance on automated decision-making and profiling”, Computer Law and Security Review 2018, 398-404 550
Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online
intermediation services equally determines that the terms and conditions should contain the main parameters
determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters (article 5). The Regulation furthermore obliges providers of online intermediation services to establish internal compliant handling systems and to appoint at least 2 mediators (article 11 and article 12). 551
Council of Europe. Draft Explanatory Report on the modernised version of CoE Convention 108, par. 75
552 A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018), 26 553
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018) 554
A29 Data Protection Working Party, “Guidelines on Automated individual decision-making and profiling for
the purposes of Regulation 2016/679, 3 October 2017 (as last revised and adopted on 6 February 2018), 27
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how the platforms will apply these rules in practice. Issues of enforcement may arise in
the future.
The P2B Regulation
Again, the new Regulation (EU) 2019/1150555 may have some (albeit limited) relevance
here as it obliges providers of online intermediation services to issue a statement of
reasons when a decision is taken to suspend or terminate its services (Article 4). If the
platform decides to terminate the provision of its online services to a platform worker,
the platform is obliged to provide a statement of reasons at least 30 days prior to the
termination on a durable medium. Moreover, the potential grounds for
suspension/termination must be included in the terms and conditions.
Furthermore, as specified in the WP29 (now EDPB) Guidelines on automated processing
and profiling,556 ‘controllers should consult the WP29 Guidelines on transparency
(WP260) for general transparency requirements. In addition to the general
requirements, when the controller is processing data as defined in Article 22, they must
provide meaningful information about the logic involved. Instead of providing a complex
mathematical explanation about how algorithms or machine-learning work, the controller
should consider using clear and comprehensive ways to deliver the information to the
data subject, for example: the categories of data that have been or will be used in the
profiling or decision-making process; why these categories are considered pertinent;
how any profile used in the automated decision-making process is built, including any
statistics used in the analysis; why this profile is relevant to the automated decision-
making process; and how it is used for a decision concerning the data subject.’
On a final note, concerns may also be raised at a fundamental level regarding the
technical feasibility in the platform economy to obtain a sufficient (general or specific)
explanation of a decision reached by the algorithms.557 In its current state, it seems that
there is a mismatch between high-dimensionality characteristic of machine-learning
algorithms and the demand of human interpretability.558 Machine-learning algorithms
possess a degree of unavoidable complexity which does not lend itself easily to human
semantic explanations.559 Nonetheless, the rules laid down in the GDPR as explained
above need to be complied with.
555
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting
fairness and transparency for business users of online intermediation services 556
Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679
(wp251rev.01), at page 31.
See also: on automated decision making, Council of Europe. “The protection of individuals with regard to automatic processing of personal data in the context of profiling.”, Recommendation CM/Rec(2010)13 and explanatory memorandum. Council of Europe 23 November 2010
https://www.coe.int/t/dghl/standardsetting/cdcj/CDCJ%20Recommendations/CMRec(2010)13E_Profiling.pdf
More broadly, Council of Europe, Recommendation CM/Rec(2015)5 on the processing of personal data in the context of employment. 557
A SELBST and J. POWLES, “Meaningful information and the right to explanation”, International Data Privacy
Law 2017, 20 p 558
B. GOODMAN and S. FLAXMAN, “European Union regulations on algorithmic decision-making and a “right to
explanation”, Workshop on Human Interpretability in Machine Learning (New York) 2016, https://arxiv.org/pdf/1606.08813.pdf 559
J. BURRELL, “How the machine ‘thinks’: understanding opacity in machine learning algorithms”, Big Data &
Society 2016, 1-12
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2.3 The right to data portability
As it stands, the platform economy landscape is generally dominated by a few players.
One factor leading to this dominance are the substantial switching costs560 that platform
workers face when considering changing to another platform.
These switching costs are amplified by the network effects of the platforms. The more
people (be it the platform worker or the client/customer) use a certain platform, the
more valuable the platform itself becomes, which will make it harder to leave the
platform. Add to this the fact that the dominating platforms have access to huge
amounts of data of their users thanks to the advances in data mining and analytics and a
massive increase in computing power and data storage capacity, which in turn helps
them to optimise their services. As a result, many platform workers ‘suffer’ from a lock-
in effect. In such a situation, the costs of changing to another service are so high that
platform workers will remain with their current platform, to the detriment of competition
in the platform economy.561
If platform workers were to be allowed to transfer their personal data to another
platform, it could in theory open up competition in the platform economy. First, it could
help prevent platform workers being locked in and bound by one single platform.
Effective transfers of data between alternative platforms would furthermore boost the
transparency and fair competition as it would allow platform workers greater power to
choose the platform with the best working conditions. In other words, it would give
platform workers more control over their personal data, which is one of the cornerstones
of the GDPR.
This is exactly where the right to data portability comes into play, which favours the
sharing and transfer of the data between different platforms. The same considerations
are echoed in the Preliminary Opinion on “Privacy and Competitiveness in the age of big
data” of the European Data Protection Supervisor (EDPS) where it is said that the right
to data portability ‘would potentially empower individuals while also promoting
competitive market structures’.562
Article 20 GDPR provides this right to data portability in a twofold structure. First,
platform workers can obtain a copy of their data ‘in a structured, commonly used and,
machine-readable format’ (Article 20(1)). Second, it provides the right ‘to have the
personal data transmitted directly from one controller to another, where technically
feasible’. Thus, the GDPR clearly provides a right to data portability which would in
theory soften the lock-in effect experienced by platform workers today. However, as we
will elaborate upon in the coming paragraphs, there are still some important legal
barriers to a fully fledged right to data portability in the current GDPR framework.
First, it is to be feared that without common fixed standards between the platforms, the
right to data portability will have issues in its practical implementation stemming from
technical interoperability.563 Article 20(2) GDPR clearly states that the right to have the
personal data transmitted directly from one platform to another is only obligatory where
it is technically feasible. This is affirmed in Recital 68 stating that there is no obligation
for the controllers to adopt or maintain processing systems which are technically
compatible. It further states that data controllers should be encouraged to develop
interoperable formats that enable data portability. This is worrisome given the fact that
560
‘Switching costs’ are the barrier costs that users may face when seeking to switch to another platform.
561 I. GRAEF, “Mandating portability and interoperability in online social networks: regulatory and competition
law issues in the European Union”, Telecommunications Policy 2015, 502-514 562
European Data Protection Supervisor, Preliminary Opinion on Privacy and competitiveness in the age of big
data: The interplay between data protection, competition law and consumer protection in the Digital Economy, 2017, https://edps.europa.eu/sites/edp/files/publication/14-03-26_competitition_law_big_data_en.pdf, p 32 563
L. DRECHSLER, “Practical challenges to the right to data portability in the collaborative economy”,
Collaborative Economy: Challenges and opportunities, 216-235
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the dominating platforms do not have a real incentive to enable platform workers to
switch to other platforms, as this would jeopardise their own position. The response of
the data protection officer from Deliveroo to our question asking to clarify their position
toward the right to data portability is that they do not transmit personal data from their
platform to another, as there is no obligation to do so.564
Second, per Article 20(1) GDPR the ‘data subject shall have the right to receive the
personal data concerning him or her, which he or she has provided to a controller’.
Article 29 Working Party has interpreted the term ‘provided’ broadly, ultimately including
provided and observed data and excluding inferred or derived data.565 Provided data are
personal data that the platform worker has actively provided to the platform. For
example, the information on the profile that the platform workers have provided, their
photos, and so on. Observed data are the data provided by the platform worker by virtue
of the use of the app. By this we mean the behavioural data which have been gathered
by observing the platform workers’ behaviour such as activity logs and traffic data.
Finally, inferred data are the data developed by the platform on the basis of the first two
categories. Inferred data are the result from the analysis of the provided and observed
data. In other words, these data are produced by the platform itself (e.g. through data
mining) and on the basis of its own software applications.
The interpretation as to whether the data are provided, observed or inferred is therefore
crucial in opening a right to data portability. Yet it is not hard to imagine that the
boundaries between these different kinds of data will be very hard to establish in
practice. Let’s take, for example, the case of reputational data (through ratings and
customer review), which is very relevant in the platform economy.
Portability of reputational data (through customer reviews/scores) can be crucial for
platform workers, as the reputation is among the main criteria potential customers will
consider when choosing between different offers on a platform. If the platform worker
needs to start building their reputation from scratch on the new platform, it will only
amplify the lock-in effect on the current platform. We could easily imagine that the
individual customer reviews/scores are part of the observed data. However, one could at
the same time argue that the agglomerated score is created by the platform itself and
forms part of the so-called inferred data which are not portable to another platform.566
Nonetheless, it is very likely that the distinction between provided, observed and inferred
data will only prove to be a false dilemma the platform worker faces. As elaborated
above, the scope of the right to access (Article 15 GDPR) is very broad and includes all
types of data concerning the platform worker. Thus, under the right to access, the
worker can obtain all data (e.g. reputational data) that concerns them. This includes the
so-called inferred data. The platform worker can make an access request and then share
it with another platform (provided it does not adversely affect the rights and freedoms of
others). That way, the platform worker bypasses the distinction between provided,
observed and inferred data under the right to data portability.
Third, the right to data portability ‘shall not adversely affect the rights and freedoms of
others’ (Article 20(4)). In the case of the potential portability of reputational data, this
could be the consumers of the app who expressed their evaluation on the service.567 In
theory, this would permit the platform to refuse a portability request as soon as personal
564
Interview conducted in the framework of the main study summer 2019.
565 A29 Data Protection Working Party, “Guidelines on the right to data portability”, 13 December 2016 (as last
revised and adopted on 5 April 2017), 10 566
A. INGRAO, “Assessment of feedback in the On-demand era” in Working in digital and smart organizations,
Springer International, Switzerland, 2018, 93-111 567
A. INGRAO, “Assessment of feedback in the On-demand era” in Working in digital and smart organizations,
Springer International, Switzerland, 2018, 93-111
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data of these consumers are involved.568 However, it must be noted that Article 29
Working Group has also tried to extend the application to the data which involve more
than one data subject. Concretely, they have stated that when a data controller
processes ‘information that contains the personal data of several data subjects’, one
‘should not take an overly restrictive interpretation of the sentence “personal data
concerning the data subject”’.
A final general consideration concerning the right to data portability is the position of the
receiving platforms. The whole discussion around data portability is currently centred on
a possible obligation of the platform holding the original data. Not much attention is
given to the fact whether the receiving platforms are indeed willing to take on the data
of every platform worker. Are they generally willing to integrate the personal data from a
platform worker into their own algorithm? Do they have an incentive to do so? For
example, is it really that simple to assume that Lyft will integrate the agglomerated
reputational score from an Uber driver in its own algorithm? In the current GDPR
framework, the receiving platform has no obligation to do so.
2.4 Discriminatory biases underlying the algorithm
The idea that algorithmic management is purely objective and bias-free is problematic.
The risk exists that the algorithms reflect the biases of the human programmers.569 This
risk becomes even greater when the algorithm is based on machine-learning artificial
intelligence (AI), which depends upon data that have been collected from society. To the
extent that the society contains inequality, traces of discrimination will taint the data.570
If traces of discrimination are found in the pilot data set, then by design, the algorithm
will reproduce those same traces of discrimination. Biased decisions will then be
presented as objective algorithmic results.571
Moreover, what is even more pressing in the context of the platform economy is the
omnipresent use of consumer-sourced ratings and review that fuel (semi)automated
algorithmic decision-making.572 As is logical, any evaluation responds to a personal
perception or experience that, in turn, is evaluated from subjective parameters.573 This is
problematic if we follow the mainstream social science research which has established
that racial and gender bias commonly creeps into ratings of all sorts.574 Although as of
now we cannot determine whether this is the same in the platform economy, the
likelihood that it will be the case seems rather high. Offline platform work performed on
location in particular, where there is a direct personal contact between the customer and
the platform worker, will pose the greatest danger in that regard.
If a platform bases its decisions concerning its platform workers on such ratings, such as
the decision to deactivate the account of the platform worker, these systems, while
568
L. DRECHSLER, “Practical challenges to the right to data portability in the collaborative economy”,
Collaborative Economy: Challenges and opportunities, 216-235 569
V. DE STEFANO, “Negotiating the algorithm: automation, artificial intelligence and labour protection”,
https://ssrn.com/abstract=3178233, 38 p 570
B. GOODMAN and S. FLAXMAN, “European Union regulations on algorithmic decision-making and a “right to
explanation”, Workshop on Human Interpretability in Machine Learning (New York) 2016, https://arxiv.org/pdf/1606.08813.pdf 571
M. KULLMANN, ‘Platform Work, Algorithmic Decision-Making, and EU Gender Equality Law’, (2018) 34
International Journal of Comparative Labour Law and Industrial Relations, 7-8 572
M. KULLMANN, ‘Platform Work, Algorithmic Decision-Making, and EU Gender Equality Law’, (2018) 34
International Journal of Comparative Labour Law and Industrial Relations, 7-8 573
A. TODOLI, “The court concluded that the right of freedom of communication outweighed the doctor’s
personality rights (right to ‘informational self-determination’) in the case in question.”, RTSS.CEF 2018, 28 p 574
A. ROSENBLAT and L. STARK, “Algorithmic labor and information asymmetries: a case study of Uber’s
drivers, International Journal Of Communication 2016, 3758-3784; A. ROSENBLAT, K. LEVY, S. BAROCAS, T.
HWANG and P. DAVISON, “Discriminating tastes: customer ratings as vehicles for bias”, Data & Society 2016, https://datasociety.net/pubs/ia/Discriminating_Tastes_Customer_Ratings_as_Vehicles_for_Bias.pdf
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appearing neutral, can become vehicles through which consumer bias can adversely
impact protected groups of platform workers. The fact that this bias is introduced by the
consumer rather than the platforms themselves could create an environment where the
platforms are able to deflect accountability.575 The legal protection of anti-discrimination
law may be difficult to apply when consumer-sourced ratings drive decisions affecting
platform workers.576
The GDPR does answer these concerns, but in a limited way. Article 22(4) GDPR states
that the automated individual decision-making ‘shall not be based on special categories
of personal data referred to in Article 9(1)577’. Moreover, Recital 71 does mention that
data controllers should use ‘appropriate mathematical or statistical procedures for the
profiling, implement technical and organisational measures appropriate to ensure, […]
and prevent, inter alia, discriminatory effects on natural persons on the basis of racial or
ethnic origin, political opinion, religion or beliefs, trade union membership, genetic or
health status or sexual orientation […]’.
The difficulty lies in the opacity of the current algorithms in the platform economy. The
necessary premise to combat discriminatory practices in the algorithmic management is
to make such an algorithm more understandable and transparent. As it stands, it will
prove very difficult to assess whether the algorithm is tainted by discriminatory biases
and subsequently to enforce non-discrimination law. As data sets of the platform become
increasingly large, discriminatory correlations can become increasingly complex and
difficult to detect.578
Next to a general call on more transparency and auditability579 of the algorithms, one
could imagine some ad hoc solutions to minimise discriminatory biases creeping into
ratings. It is possible to design a rating system where the information about the platform
available to the consumer raters is reduced to the absolute necessary. Or one could
imagine increasing the reporting burden on consumers giving low ratings.580 Another
option could be to give the platform worker an opportunity to reply to every rating,
which the platform must take into account. Another solution could be to oblige platforms
to scan the ratings for potentially discriminatory differences and subsequently oblige
them to develop ways to combat this. A more extreme solution could be to eliminate the
link between ratings and decisions of platforms affecting platform workers altogether. In
any regard, more research is needed to effectively combat discriminatory practices in the
platform economy.
575
A. ROSENBLAT, K. LEVY, S. BAROCAS, T. HWANG and P. DAVISON, “Discriminating tastes: customer ratings
as vehicles for bias”, Data & Society 2016, https://datasociety.net/pubs/ia/Discriminating_Tastes_Customer_Ratings_as_Vehicles_for_Bias.pdf 576
A. ROSENBLAT, S. BAROCAS, K. LEVY and T. HWANG, “Discriminating tastes: customer ratings as vehicles
for bias”, Data&Society 2016, 21 p 577
These special categories of data include: racial or ethnic origin, political opinions, religion or beliefs, trade
union membership, genetic or health status or sexual orientation. 578
B. GOODMAN and S. FLAXMAN, “European Union regulations on algorithmic decision-making and a “right to
explanation”, Workshop on Human Interpretability in Machine Learning (New York) 2016, https://arxiv.org/pdf/1606.08813.pdf 579
See Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation
2016/679 (wp251rev.01), at page 32.
In this context, pointing out the interface of data protection (control of the individual on her or his personal data) with other rights and interests of the individual concerned, we remark that audits might be important also for health and safety reasons, to ensure that drivers and customers are not put at risk due to overwork and/or overdriving. 580
A. ROSENBLAT, S. BAROCAS, K. LEVY and T. HWANG, “Discriminating tastes: customer ratings as vehicles
for bias”, Data&Society 2016, 21 p
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ANNEX I: SYNOPSIS REPORT OF CONSULTATIONS
This synopsis report covers the results of the different consultation activities that took
place. It provides a concise overview and conclusions of the consultation work carried
out in accordance with the Better Regulations Guidelines.581
Overview of fieldwork activities
Fieldwork was conducted in each Step with a view to consult relevant stakeholders
and incorporate their feedback into the study. The group of stakeholders comprised a
range of EU-level and national-level stakeholders, including academics, experts, social
partners, national administrations, labour inspectorates and occupational safety and
health (OSH) authorities more broadly, businesses, sector associations, platforms, and
platform workers.
Fieldwork comprised: 1) semi-structured expert interviews, 2) a country experts survey,
3) country-specific focus groups, and 4) a validation workshop. The consortium
combined four kinds of fieldwork because these methodologies deliver different types of
information. For example, replies to an interview generally only cover the stated
questions, while a focus group discussion allows participants to reflect upon their
perspective and refine their opinion after interaction with others. Moreover, some
fieldwork methods are better suited for a wide coverage, while others allow deeper
consideration of a specific issue.
For all fieldwork activities, the research team prepared a list of stakeholders to consult
(including backups). The identification of participants for field research activities was
done by the research team responsible for each task, with the support of all consortium
partners. Each stakeholder was sent an invitation to participate, along with a letter on
behalf of the European Commission addressed to the potential participants, and a data
protection notice and privacy statement. The list of stakeholders, as well as other
supporting materials for the field work, were shared with the steering group two to three
weeks prior to the scheduled activities to receive feedback.
The treatment of data protection and privacy were carefully considered,
particularly with regard to the fieldwork relying on interviews, and focus groups. This is
especially necessary to ensure that participants582 feel comfortable expressing
themselves, and to ensure compliance with Regulation (EU) no 2018/1725. Information
and data gathered throughout the study has been treated with utmost care and stored in
a secured cloud location. Prior to each interview, all interviewees explicitly consented
(via return email or signed letter of consent) allowing the consortium to record the
interview, while ensuring their anonymity. The same treatment has been given to those
taking part in focus groups. The data protection notice and privacy statement is provided
in Annex 2.
Step 1 fieldwork consisted of semi-structured interviews with key stakeholders to
contextualise platform work. Interviews also sought to lay the foundation of
understanding the challenges related to working conditions and social protection facing
platform workers. An initial list of interviewees was made by the consortium, then
refined with input from the European Commission.
Step 2 fieldwork consisted of country surveys and national focus groups. The country
surveys provided an overview of national level developments that have emerged to
address existing challenges of platform work. Such national developments were
581
See Tool #55, available at https://ec.europa.eu/info/sites/info/files/file_import/better-regulation-toolbox-
55_en_0.pdf
582 In a few cases, platform workers were still hesitant to participate in the focus groups for fear of backlash
from their platform. Thus additional measures were taken to protect their identities, such that their names were not required to be included in the focus group reporting templates.
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investigated for the EU28, Norway and Iceland, via surveys for socio-economic and legal
experts in each country. This step of the fieldwork generated country-specific literature,
as well as a great deal of raw data on the challenges and responses facing platform
workers in each country.
Furthermore, six countries with particular relevance to platform work challenges and
responses were investigated in depth via focus groups of platform work experts and
stakeholders. These six countries were especially interesting for novel and experimental
approaches to platform work, and for this reason were expected to offer lessons for the
other countries and the EU generally. Each focus group consisted of stakeholders
including platform workers, platform representatives, policymakers, social partners, and
academics/legal experts. The focus group organisers were given extensive instructions to
ensure that focus groups covered the most interesting and novel points in their
respective country, while touching on common themes to allow comparability.
Step 3 fieldwork consisted of semi-structured interviews with key experts on particular
EU legislation covered. This aimed to fill gaps, particularly where very little literature is
available (e.g. the significance of the GDPR for platform work). An initial list of
interviewees was made by the consortium, then refined with input from the European
Commission.
Step 4 fieldwork consisted of semi-structured interviews with EU-level stakeholders.
This aimed to gather final inputs into the analysis (including gap analysis), and to ensure
that no significant issues were insufficiently covered. An initial list of interviewees was
made by the consortium, then refined with input from the European Commission. Step 4
also consists of a validation workshop, which brought together stakeholders to discuss
and validate the main findings of this research.
Summary of findings from fieldwork activities
Country-expert surveys
The research team developed two interrelated surveys: one focusing on legal aspects,
and one on socio-economic aspects. Two country experts filled in the survey per country
based on their respective expertise. The research team identified country experts
through its existing network of experts and informal consultations.
The surveys were developed to have both unique and shared questions. This allowed the
research team an additional level of certainty for findings, while also allowing respective
experts to go more in depth where they are most competent.
Findings from the country expert surveys included a systematic assessment of the
challenges related to platform work at national level. Experts also identified relevant
literature, including both academic and grey literature, at the national level. Experts
were asked to specify what sources information was derived from, for instance through
desk research, participation in conferences or informal interviews with stakeholders.
Experts were also asked to report relevant national responses and tools, based on the
typology described in Section 5.
The most important outputs of this exercise were:
a ‘miniature literature review’ for each country in the EU28, Norway and Iceland
an assessment of the severity of individual challenges facing platform workers for
each country
a mapping of the most relevant responses and tools for each country.
These materials provided a crucial basis for the body of the study, which required a
thorough mapping of challenges and responses in each country. These materials also
verified important differences and commonalities in platform work throughout Europe, as
also discussed in the body of the study.
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Semi-structured interviews
Semi-structured interviews informed several research steps. The interviews for Step 1
were mainly used to provide conceptual clarity and to develop the definition of platform
work, to set the stage for the subsequent mapping of challenges and responses and to
understand which challenges would be most relevant to look out for.
Step 1 topics raised by interviewees included:
the need for better data on platform work
the shared and diverging conditions between platform work and other forms of
non-standard work
the need for a higher baseline of protection for ‘all workers’ regardless of the
specific work or contract
how platform work is a test case (and opportunity) for the EU’s handling of the
future of work
how platform work challenges labour and social law throughout Europe
the merits and limitations of collective bargaining for platform workers
the importance of skills and career progression possibilities for platform workers.
Step 3 interviews focused on the consequences of the GDPR regulation for platform work
and how the European Data Protection Board might proceed.583 This discussion is
developed in Reflection Paper 2.
Interviews in Step 4 were conducted for the purpose of verifying the results of the
research and ensuring that there were no important aspects that had been previously
overlooked, as well as getting feedback on identified policy pointers and the results of
the gap analysis.
Step 4 topics raised by interviewees included:
the need for better data and an EU definition on platform work
the likelihood of online forms of platform work to grow more than on-location
forms
the sense that policymakers are overly focused on food delivery and personal
transportation platforms, which are the most discussed but not the most
prevalent forms of platform work
the role that the EU should play in platform work versus Member States
the idea that Member States should focus on action for on-location platform work
while the EU should focus on action for online platform work
the potential for the EU to take further action on intermediation aspects of
platform work
the potential for the EU to facilitate data gathering on platform work, and require
platforms to be more transparent
the need for more platform workers to be able to collectively bargain
the advantages and disadvantages of a third employment status
the potential for the P2B Regulation and the GDPR to improve working conditions
for platform workers
the limitations of the P2B in personal scope for platform workers
the strengths and limitations of EU soft law approaches to addressing the
challenges of platform work
583
One possibility is to formally endorse Opinion 4/2007 of the Article 29 Working Party, available at
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2007/wp136_en.pdf.
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the merits of two strategies in addressing the challenge of employment status: 1)
raising the baseline protection for self-employed, and 2) taking action to reassign
more self-employed as employees
the likely outcomes if the EU does not take further action on platform work
the positive effects of voluntary agreements between platform workers and
platforms.
Table 22: Participants in semi-structured interviews
Type of interviewee Gender Step
Academic expert M 1
Academic expert F 1
European agency
representative
M 1
European agency
representative
F 1
Platform representative M 1
Social partner (employees) F 1
Social partner (employers) F 1
Social partner (employees) M 3
Academic/expert M 3
Academic/expert F 4
Academic/expert F 4
Academic/expert M 4
EU policymaker M 4
EU policymaker M 4
EU policymaker M 4
Platform representative M 4
Platform representative F 4
Social partner (employees) F 4
Social partner (employer) F 4
Social partner (employer) M 4
Focus groups
The focus groups covered both common themes as well as country-specific topics. The
main topics of conversation are listed for each country.
Denmark:
Lack of certainty on how to conceptualise platform work and its prevalence
Expectation of growth in sectors including cleaning and transportation
Most platform workers are self-employed
Uncertainty of tax obligations for many platform workers
How algorithms and ratings challenge fair working conditions
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The increasing involvement of social partners in platform work
The utility of collective agreements, which in Denmark are mostly pushed by
companies rather than platform workers
The prevalence of company-level bargaining rather than sector-level bargaining in
platform work
Pilot projects on tax registration and insurance schemes seem promising to
several attendees.
Estonia
The lack of certainty on how to conceptualise platform work and its prevalence
The prevalence of on-location platform work in Estonia
The positive effects of platform work, such as increasing labour market access for
individuals, helping provide short-term access to labour for businesses,
formalising labour that has always existed, and facilitating entrepreneurship
The large disruptive effects of platform work in accommodation and housing, and
household tasks and childcare
The pros and cons of flexibility, particularly regarding wages, insurance and OSH
The ambivalence of some Estonian stakeholders on the employment status
challenge of platform work
The benefits of Estonia’s digital strategy to simplify tax declaration584
The benefits of reducing administrative burdens for platform workers and
platforms
The largest risks seem to be low wages and a lack of insurance options for
platform workers
Estonians generally see platform work as a positive development.
Spain
The growing relevance of platform work of all types
Relevance of platform work in regions with high unemployment, and how
platform work interacts with structural labour market issues
Platform work has received mostly negative press in Spain
Platforms’ data collection and usage, the need for transparency, and the problems
of algorithmic management over platform workers
The expenses self-employed (including platform workers) face in registration
The sense of policy paralysis; national authorities are lagging behind
developments in the platform economy
The inability of labour inspectors to address platform work, and the delays of
courts
The dissatisfaction of trade union representatives towards the TRADE status
(economically dependent self-employed worker)
The anti-union sentiments and actions of certain platforms, particularly in food
delivery.
584
1 January 2018, the Simplified Business Income Taxation Act, see
https://www.riigiteataja.ee/en/eli/522122017001/consolide
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France
The consequences of Loi El Khomri,585 and how it did not implement a third
employment status as originally envisioned
The merits and problems of a third employment status
The challenges of working conditions and social protection facing on-location
platform workers, especially in food delivery
The need to clarify who is responsible for contributions, ensuring sustainable
funding for France’s social protection system
The potential merits of a new preferential tax system for platform workers,
similar to that of Belgium’s Loi De Croo586
The sense that France is a leader regarding legislation on platform work and
collective actions from platform workers.
The Netherlands
The lack of national evidence of platform work
The most known platform workers are in food delivery, personal transportation,
and various on-location services
The interest of temporary work agencies in the model of platform work
The debate in the Netherlands has focused on food delivery platforms, driven by
trade unions and the Ministry of Social Affairs and Employment
The preference of many platform workers to pay less taxes and have less
protection from side activities on platforms
The potential need for reducing the difference between self-employed and
employees, especially to make the current regulatory framework ‘future-proof’
The critical perception of trade unions on how labour inspectorates and the
judiciary have approached platform work
The potential for platform work to present unfair competition to existing
industries
The challenges of platform work in the Netherlands are largely based on the
distinction between self-employed and employees.
Slovenia
The growth of platform work, especially in sectors that require no special material
and equipment
The connection between platforms and outsourcing labour to self-employed
platform workers
The presence of some transportation platforms that exclusively use employees
The presence of some food delivery platforms that use both self-employed and
employed platform workers
The lack of data on online forms of platform work, and the inability of tax
authorities to view many cross-border transactions
The sense that platform work is simply an expansion of existing concepts in the
labour market, such as teleworking arrangements with independent contractors
585
Loi n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la
sécurisation des parcours professionnels [Law on work, modernising social dialogue and securing career paths] (2016-1088, 8.08.2016)
586 See overview of the law at https://economie.fgov.be/fr/themes/entreprises/economie-durable/economie-
collaborative/les-plateformes-actives-en
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The opposition of trade unions to platforms providing food delivery and personal
transportation
The importance of bogus self-employment and overwork (e.g. 70+ hours weekly)
for some platform workers
The disparity between a clear definition of employee in Slovenian law, versus a
relatively weak ability to enforce the definition in practice, especially for platform
work
Some platform workers seem to be at risk of cyclical poverty and social
marginalisation.
Table 23: Participants in country focus groups
Type of interviewee Country Gender
Academic/expert France F
Academic/expert France M
Platform representative France M
Platform workers/social partner
(employees)
France M
Platform worker France M
Private sector consultant France M
Policymaker France F
Social partner (employees) France F
Academic/expert The
Netherlands
M
Academic/expert The
Netherlands
M
Platform representative The
Netherlands
M
Platform worker The
Netherlands
M
Policymaker The
Netherlands
M
Social partner (employees) The
Netherlands
M
Social partner (employers) The
Netherlands
M
Academic/expert Slovenia M
Platform representative Slovenia M
Platform representative Slovenia M
Platform representative Slovenia F
Platform representative Slovenia M
Platform worker Slovenia M
Policymaker Slovenia M
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Policymaker Slovenia F
Social partner (employees) Slovenia F
Social partner (employers) Slovenia M
Platform representative Denmark M
Platform worker Denmark M
Platform worker Denmark M
Policymaker Denmark F
Social partner (employees) Denmark F
Social partner (employers) Denmark M
Academic/expert Estonia M
Academic/expert Estonia M
Academic/expert Estonia M
Platform worker Estonia M
Policymaker Estonia F
Policymaker Estonia F
Policymaker Estonia F
Policymaker Estonia M
Social partner (employees) Estonia M
Academic/expert Spain F
Platform representative Spain F
Platform representative Spain M
Platform worker Spain M
Policymaker Spain M
Social partner (employees) Spain M
Social partner (employees) Spain M
Validation workshop
The validation workshop consisted of ten guests (listed below) as well as the entire
research team and a selection of members of the European Commission.
To begin, the research team briefly presented the main findings of the research,
recapping conceptualisations, methodology, and the gap analysis results. The research
team asked participants for their thoughts – particularly whether the report accurately
reflects their understanding of the main challenges concerning working conditions and
social protection of platform workers. Conversation proceeded and covered topics
including:
The importance of algorithmic management and its spread beyond the platform
economy
The importance of fair and transparent intermediation and terms and conditions
of platforms
The importance of cross-border challenges, particularly in determining which
court has jurisdiction (where to sue in case of disputes), intellectual property
rights (which rely on diverging national frameworks)
Study to gather evidence on the working conditions of platform workers
282
The relationship between employment status and job quality
The need to not lose nuance in ‘lower-skilled’ and ‘higher-skilled’ forms of
platform work, as this is too simple for how it actually takes place
The difficulties in applying traditional means of oversight to platform work, e.g.
platform work takes place in both physical and virtual spaces.
The research team then presented findings with a legal focus. This covered the
difficulties in applying certain EU legislation based on personal and material scope,
although many of the challenges facing platform workers are more broadly applicable for
atypical workers. Overall, Member States have a variety of approaches towards platform
work, but working conditions are rarely addressed directly. This contributes to legal
uncertainty. Platform workers face particular problems in countries where the labour law
and social protection coverage is significantly different between employees and self-
employed. Discussion proceeded on topics including:
Court cases in platform work have shifted; initially they focused on competition
aspects, and more recently, they consider employment status.
Courts are very slow in addressing the needs of platform workers, and platforms
change very quickly
In any action on platform work, one should always consider the heterogeneity of
platforms to avoid unintended effects
The P2B Regulation covers a broad swathe of challenges for platform workers
(particularly relating to algorithmic management and transparency), but it is far
from clear how many platform workers it applies to
The GDPR requires certain clarifications to ensure that platform workers benefit
from protection – it would be helpful if the EDPB issued guidance on what
constitutes personal data and when it can be exceptionally withheld by data
controllers
Any future policies must be adaptable.
The research team then briefly presented then-current policy pointers and a discussion
followed:
Certain strategies, such as broad changes to employment status, are seen as
potentially desirable but politically not feasible, especially at EU level
Any potential recommendations need to consider both the political feasibility, as
well as enforceability
Workplace representation is different from collective bargaining, and individual
bargaining with clients is different from collective bargaining with platforms; at
least one option should be possible
The right to bargaining is especially important for platform workers who cannot
set their own prices
The GDPR and the P2B are probably important to provide insight into how
platforms intermediate and use algorithms, though this is speculative at present
‘Softer’ recommendations such as establishing voluntary charters and codes of
conduct may have concrete benefits for platform workers, and are more easily
achievable than systemic changes.
Study to gather evidence on the working conditions of platform workers
283
Table 24: Participants in the validation workshop
Type of interviewee Gender
Academic/expert M
Academic/expert M
EU agency representative F
Platform representative M
Platform representative F
Policymaker M
Social partner (employees) F
Social partner (employees) M
Social partner (employers) M
Social partner (employers) F
Note: this excludes the research team and a number from DG EMPL.
Study to gather evidence on the working conditions of platform workers
284
ANNEX II: A NOTE ON WHAT IS NOT PLATFORM WORK
A great variety of online platforms, including social networks such as Facebook, e-
commerce websites such as Amazon and Etsy, and sharing services such as
CouchSurfing, are discussed under the umbrella of platform economy (Fabo et al.,
2017). By this study’s understanding, these are a part of the platform economy in the
broadest sense but are not examples of platform work.
The distinction is as follows. Social networks can be used as posting boards and thus
facilitate finding paid work, but the websites’ role is more passive than that in platform
work. The websites essentially act as digital bulletin boards.587 By this study’s
understanding, platform work requires a platform with a more active role, as in the
‘black box of intermediation’ described in Figure 3. Many people use e-commerce
websites to sell goods, and even make a living doing so (which requires some element of
labour). However, e-commerce websites intermediate supply and demand for goods
rather than services, and thus fall beyond the scope of this study’s understanding of
platform work. CouchSurfing and other platforms may intermediate and facilitate
sharing,588 but this is not a commercial activity where services are exchanged for
payment.
A borderline case worth noting is Airbnb. Some influential literature on platform work
includes Airbnb,589 while other literature excludes it.590 The logic for excluding Airbnb is
that it is primarily for renting a space – providing access to accommodation – rather
than paying a natural person for a service. On the other hand, preparing, cleaning, and
renting out a room/flat requires labour throughout. Good arguments exist for both
including and excluding Airbnb from consideration of platform work. However, this study
does not consider Airbnb a clear example of platform work because clients are not
paying for the labour per se, but rather the accommodation; a client does not use Airbnb
to search for flat-cleaning services, but rather the flat itself. Nevertheless, the fieldwork
clearly shows that regulatory authorities, consumers, and other stakeholders implicitly or
explicitly group Airbnb alongside Uber and other platforms that do clearly qualify as
platform work.591 Therefore, some literature coverage and discussion of Airbnb is
unavoidable when considering platform work at European level, though Airbnb is not a
focus of this study.
587
If this understanding were synonymous with platform work, then virtually any website could be an online
labour platform. Thus, it is too broad, and moreover the challenges arising from the ‘black box of
intermediation’ are largely absent.
588 This example illustrates how the term ‘sharing economy’ can be misleading. Uber was often discussed as
part of the sharing economy, though its business model has little to do with ‘genuine sharing’. See Frenken et al. (2015) for discussion of the terminology of sharing vis-a-vis platforms that intermediate labour.
589 E.g. “The Platformisation of Work in Europe: highlights from research in 13 European countries, from Huws
et al. (2019).
590 For example, see “Digital age - Employment and working conditions of selected types of platform work”
from De Groen et al. (2018: p. 9)
591 For example, Uber drivers, and landlords using AirBnB, organised initiatives to petition the city council of
Budapest. See Meszmann (2018)
THE PLATFORMISATION OF WORK IN EUROPE HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES
Ursula Huws, Neil H. Spencer and Matt Coates
THE PLATFORMISATION OF WORK IN EUROPE
HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES
Ursula Huws, Neil H. Spencer and Matt Coates
THE PLATFORMISATION OF WORK IN EUROPE4
Report published by:
FEPS – FOUNDATION FOR EUROPEAN PROGRESSIVE STUDIES
Rue Montoyer 40 B-1000 Brussels, Belgium www.feps-europe.eu @FEPS_Europe
UNI Europa
Rue Joseph II, 40 – 1000 Brussels, Belgium uni-europa@uniglobalunion
Hertfordshire Business School, University of Hertfordshire
College Lane, Hatfield, AL 10 9AB, UK
This report is edited by FEPS, UNI Europa and the University of Hertfordshire, with the financial support of the European Parliament
Design by : Triptyque Cover: Shutterstock
ISBN: 978-2-930769-27-1
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 5
CONTENTS
♦ Foreword 7
♦ Introduction 8
Patchwork livelihoods in Europe 8
♦ Participation in the online economy as a source of income 9
♦ Most platform work is occasional 12
♦ Platform work is generally a supplement to other earnings 14
♦ Employment and income status 16
♦ The spread of digital work organisation and management practices 19
♦ A general trend towards the ‘platformisation’ of work 23
Policy Implications 23
Issues related to the spread of casual work 23
Issues related to the spread of digital management practices 24
Potential positive uses of platform technologies 24
♦ Notes 26
♦ Estimates and confidence intervals 27
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 7
When we started this research project in 2016, platform work was still a new phenomenon, and one that many ex- pected to remain limited to the fringes of European labour markets. But after three years of research, we can conclude that platform work has become a way to gain additional income for many workers across Europe. What’s more, we actually see platform practices, such as customer ranking of worker performance, spreading across the labour market.
It is clear that platform work is here to stay, and that many involved in this type of work operate outside of existing social protection schemes. Hence, it is high time that our social security systems are updated to reflect this, and the report provides important insights for devising such pol- icies. Crucially, as platform work is intricately linked to a broader trend of precarious and informal work, we need to stop treating platform workers as a separate, distinct type of worker in need of specific policy solutions. Finally, the re-
port provides an important impulse for thinking about ways to harness platform technology for the benefit of workers, our welfare states, and the public good.
The Foundation for European Progressive Studies (FEPS) has undertaken this research project together with UNI Europa, the University of Hertfordshire and Ipsos MORI. The project also benefited from the financial support of the European Parliament. Several national funding partners also contributed to it, enriching the project with local exper- tise and ensuring wide dissemination. The report paints a picture of the digitalised labour market, and focuses, in particular on the proportion of the population engaged in crowd work, the income gained through this activity and the crowd workers’ employment status.
ACKNOWLEDGEMENTS
We would like to thank our colleagues Justin Nogarede at FEPS as well as Aileen Körfer at UNI Europa for their trust and commitment to this project; and to all national funding partners, whose financial contributions are greatly acknowledged. The crowd working surveys were co-fund- ed by Unionen in Sweden, the TNO Research Institute in the Netherlands, The Chamber of Labour (AK) in Austria, ver.di and IG Metall in Germany, syndicom in Switzerland, the Fondazione EYU in Italy, the Estonian Parliament (Riigikogu) in Estonia, the Kalevi Sorsa Foundation and Service Union United (PAM) in Finland, the Felipe Gonzalez Foundation in Spain, Progresiva in Slovenia, the Masaryko- va demokratická akademie and the Friedrich-Ebert-Stiftung office in Prague in Czechia, the Trades Union Congress (TUC) in the UK and the Fondation Jean-Jaurès in France.
We also would like to extend our thanks to the entire team of the University of Hertfordshire for the great cooperation and the comprehensive research results.
László Andor, Secretary General, FEPS and Oliver Röthig, Regional Secretary, UNI Europa
FOREWORD
THE PLATFORMISATION OF WORK IN EUROPE8
INTRODUCTION
1 The national partners that co-funded the research include Unionen in Sweden, the TNO Research Institute in the Netherlands, The Chamber of Labour (AK) in Austria, ver.di and IG Metall in Germany, syndicom in Switzerland, the Fondazione EYU in Italy, the Estonian Parliament (Riigikogu) in Estonia, the Kalevi Sorsa Foundation and Service Union United (PAM), in Finland, the Felipe Gonzalez Foundation in Spain, Progresiva in Slovenia, the Masarykova demokratická akademie and the Friedrich-Ebert-Stiftung office in Prague in Czechia, the Trades Union Congress (TUC) in the UK and the Fondation Jean- Jaurès in France.
2 Further information on the research can be found at https://www.feps-europe.eu 3 See for example Allmender, J., L. Hipp & S. Stuth (2013) Atypical Employment in Europe 1996-2011, Berlin: Wissenschaftszentrum Berlin für Sozialforschung. 4 Williams, C. & F. Schnieder (2016) Measuring the Global Shadow Economy: The Prevalence of Informal Work and Labour, Cheltenham & Northampton
MA: Edward Elgar. 5 Naulin, S. & A. Jourdain (2019) The Social Meaning of Extra Money: Capitalism and the Commodification of Domestic and Leisure Activities, London:
Palgrave Macmillan.
Results from online surveys in 13 European countries between 2016 and 2019 reveal two converging trends contributing to a major reshaping of work in Europe.
On the one hand, there is a growing tendency for peo- ple to piece together patchwork livelihoods from multiple sources of income while on the other technological change is leading to a growth in the use of digital means for the or- ganisation and management of work, especially in service industries. Platform work sits at the apex of the intersection between these two trends and is the most visible manifes- tation of larger trends affecting significant proportions of the European workforce. The research was carried out by the University of Hertfordshire funded by FEPS and UNI Europa, with co-funding from a range of national partners. [1] Fieldwork for the surveys was carried out by Ipsos MORI [2] who were responsible for data collection only. University of Hertfordshire was responsible for the analysis, reporting and interpretation of the results.
A total of 29.436 working-age adults were interviewed online between January 2016 and May 2019 in the Neth- erlands (n=2125), Germany (n=2180), Sweden (n=2146), Austria (n=1969), Switzerland (n=2001), Italy (n=2199), Esto- nia (n=2000), Finland (n=2000), Spain (n=2182), Slovenia (n=2001), Czechia (n=2000), France (n=2159) and the UK. In the UK two surveys were carried out, in January 2016
(n=2238) and April 2019 (n=2235), respectively, in order to measure changes over time.
This report highlights some of the key findings from these studies illustrating these two converging aspects of the restructuring of work in Europe. It looks in particular at two important issues arising from the research: first, the extent to which platform work is an activity carried out as an additional top-up to other forms of employment, rather than constituting a distinctive and separate form of work; and second, the extension of the digital practices associ- ated with online platforms to other sectors. In other words, it focuses on the pervasiveness of ‘platformisation’ as a growing feature of European labour markets. It also exam- ines the relationship between the supply and demand for platform services among Europeans. After presenting the evidence from the surveys, the report goes on to consider some of the implications of this platformisation for public policy. In doing so, it seeks to go beyond demands for addressing the negative aspects of platformisation to ex- plore the positive potential of platform technologies, when integrated with other public policies, for contributing to growth, innovation, the improvement of working conditions and of work-life balance and the development of respon- sive social services in Europe. A more detailed report of these and other findings from the surveys can be found at https://www.feps-europe.eu.
PATCHWORK LIVELIHOODS IN EUROPE
Since the end of World War II, the European standard model of employment – with a full-time permanent job in a rec- ognised profession, social insurance against the risks of unemployment, sickness and disability, recognised rights and benefits laid down in collective agreements or by stat- ute, and a pension on reaching the age of retirement – has maintained a centrally important place in European policy: a reality for many workers and a legitimate aspiration for others. Nevertheless, there have always been some work- ers who have fallen outside its scope, including seasonal workers (in sectors such as agriculture, tourism and con- struction) workers on ‘atypical’ or ‘non-standard’ contracts [3] in other sectors and those working wholly or partially in the
informal economy [4]. It has also been common for house- holds to supplement their income from wages, benefits or pensions with earnings from other sources, such as taking in lodgers or reselling second-hand goods [5]. When these supplementary economic activities take place in the cash economy they are difficult to measure. However, the gen- eral decline in the use of cash and the growing importance of the Internet in general, and online platforms in particular, in the economic lives of citizens is increasingly bringing them into visibility.
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 9
PARTICIPATION IN THE ONLINE ECONOMY AS A SOURCE OF INCOME
0% 10% 20% 30% 40% 50% 60% 70% 80%
Rent to paying guest (e.g. Airbnb)
Sell/resell on own website
Sell self-made products (e.g. Etsy)
Resell products on online marketplace (e.g. Amazon)
Sell own possessions (e.g. Ebay)
Undertaking any platform work
At least weekly platform work
France (2019)
UK (2019)
Czechia (2019)
Slovenia (2019)
Spain (2018)
Finland (2018)
Estonia (2018)
Italy (2017)
Switzerland (2017)
Austria (2016)
Germany (2016)
Netherlands (2016)
Sweden (2016)
UK (2016)
FIGURE 1: SOURCES OF ONLINE INCOME (% OF WORKING-AGE POPULATION) [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).]
THE PLATFORMISATION OF WORK IN EUROPE10
As can be seen, Europeans use a variety of online sources to generate income, of which selling their labour via online platforms is only one: one that is less important than selling their pos- sessions online, and, in most countries also less important than selling self- made products or renting out rooms via platforms.
Results from the UK (the only country for which we have trend data) show a significant growth in most of these categories, with an effective doubling in the proportions carrying out platform work at least weekly, selling products on their own websites and selling self- made products. The proportion finding paying guests via platforms like Airbnb increased even more dramatically (from 8.2% to 18.7%) but there was little growth in the proportions selling their own possessions (which may, perhaps, have reached a saturation point at around 54-55% of the pop- ulation). On the basis of this evidence we cannot be sure whether this growth represents an increase in the numbers of people seeking to supplement their income in these ways or the substitution of online means for more traditional infor- mal, cash-in-hand methods of raising extra money.
With some variations, the geographical pattern is relatively similar for all of these activities, with the highest levels of online income generation in Central and Eastern Europe (Czechia, Slovenia and Estonia) and in Southern Europe (Italy and Spain) and the lowest levels in Northern and West- ern Europe (France, Germany, Sweden, the Netherlands and the UK). After examining a range of other variables, the most likely explanation for this pattern of national variation appears to be poverty, defined in absolute terms rather than relative to national averages. An analysis by the OECD [6] of the real value of annual wages in each country measured in US dollars produces a strikingly similar pattern. Estonia (at $24,300), Czechia ($25,400), Slovenia ($34,900), Italy (35,700) and Spain ($38,500) have significantly lower aver- age wages than Sweden ($42,400), Finland ($43,000), the UK ($43,700), France (£43,800), Germany ($47,600), Austria ($50,300), The Netherlands, ($52,900) and Switzerland ($62,300). The two countries that do not fit this pattern very well are the Alpine nations of Austria and Switzerland which have higher levels of online income generation than might be expected given their generally high average earnings. Further research will be required to investigate this but it is possible that this apparent discrepancy may be explained by high levels of rurality, with large tourist and agricultural industries making extensive use of casual seasonal labour (with a concomitant need for these seasonal workers to seek alternative forms of income in periods of low demand).
6 https://data.oecd.org/earnwage/average-wages.htm 7 https://ec.europa.eu/eurostat/statistics-explained/index.php/Tourism_industries_-_employment
According to Eurostat data for 2016 [7], of the countries surveyed, Austria had the highest level of people em- ployed in tourism as a share of those employed in the total non-financial business economy (at 12.7%) followed by Spain (at 12.3%) and Italy (at 10.3%) compared with a European average of 9.4% which might provide some support for this argument. Switzerland, however, has only 9.1% employed in this sector suggesting the need for further investigation.
The growing importance of the In- ternet as a space in which European citizens buy and sell services can be il- lustrated by the example of household services. The category ‘household ser- vices’ was created by combining three
sub-categories of platform work: ‘occasional, unscheduled work in other people’s homes (e.g. plumbing, repair of ap- pliances, electrical work, carpentry)’; ‘regular, scheduled, work in somebody else’s home (e.g. daily or weekly clean- ing, babysitting, gardening)’; and ‘personal service work (e.g. hairdressing, massage, manicure)’ including cleaning services, household repair. As can be seen from Figure 2, the proportion of the adult population purchasing such services ranges from a low of 10% in Germany to a high of 40% in Czechia, while those providing them via online platforms at least weekly ranges from 2.5% (in Sweden and the Netherlands) to 12.1% in Czechia.
“ Platform work in
the UK has doubled over the past 3
years, with 1 in 10 working-age adults
now carrying out platform work at least once a week.
„
“ The most likely
explanation for high levels of platform work
in Central, Eastern and Southern Europe appears to be poverty.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 11
2,6%
2,2%
2,0%
3,3%
5,0%
5,2%
8,0%
3,7 %
4,4%
1 0,9%
5,0%
9,7 %
4,9%
3,7 %
23,8%
1 4,9%
1 5,5%
1 0,0%
1 5,1 %
1 4,9%
22,1 %
1 8,7 %
1 5,4%
33,4%
25,3%
40,0%
31 ,4%
1 4,4%
2,7 %
2,5%
2,5%
3,9%
6,1 %
6,4%
9,2%
4,9%
4,9%
1 2,1 %
7 ,1 %
1 2,1 %
5,5%
4,4%
0% 5% 1 0% 1 5% 20% 25% 30% 35% 40% 45%
UK (2016)
Sweden (2016)
Netherlands (2016)
Germany (2016)
Austria (2016)
Switzerland (2017)
Italy (2017)
Estonia (2018)
Finland (2018)
Spain (2018)
Slovenia (2019)
Czechia (2019)
UK (2019)
France (2019)
Undertaken household services at least one a week
Used household services at least once a year
Both undertaken household services at least once a week and used at least once a year
FIGURE 2. UNDERTAKING HOUSEHOLD SERVICES AND FINDING SOMEONE TO DO SUCH WORK AT LEAST ONCE A YEAR (% OF WORKING POPULATION) Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).
THE PLATFORMISATION OF WORK IN EUROPE12
8 See for example Poulter, S. (2016) ‘Return of the cleaner: One if three families now pays for domestic help’ Daily Mail, 31 March. Accessed on April 15, 2018 from: http://www.dailymail.co.uk/news/article-3516617/One-three-families-pay-cleaner-35s-drive-trend-hiring-domestic-help.html
Trend data from the UK show a clear growth, with the pro- portion of the population purchasing these services at least once a year rising from 23.8% in 2016 to 31.4% in 2019 and the proportion providing the labour to supply them at least weekly growing from 2.7% to 5.4% over the same period. What is particularly interesting is the very high proportion of those who work in the provision of such services who are also customers from them with 4.9% of the working age population both supplying these services at least weekly and purchasing them at least yearly. On average 83.8% of those providing household services at least weekly are customers for them at least yearly. The picture for the sup- ply and demand for taxi and delivery services is similar, with an average of 90.6% of those providing these services at least weekly via online platforms also purchasing these ser- vices at least once a year. This suggests that it is incorrect to view those who provide household services as a sort of servant class supplying the needs of other households. On the contrary, it suggests that to a considerable extent these services are bought and sold among the same population. On the basis of these data alone we cannot be sure wheth- er this growth represents a general expansion in platform provision of household services or a migration online of activities that previously took place in the platform econ- omy. However there is evidence from other sources that it is likely to be the former; for example a UK study that found rapid growth in the demand for household clean- ing [8]. Likely drivers of this growth include an increase in labour market participation by women, lengthening working
hours and, at least in some Member States, a reduction in the supply of state services to support the care of children, the elderly and the disabled due to public spending cuts associated with austerity.
MOST PLATFORM WORK IS OCCASIONAL
The numbers of people doing platform work at least weekly represent only a small proportion of those who have ever done it, and an even smaller proportion of those who have looked for platform work. As Figure 3 shows, in most coun- tries less than half of those who have searched for platform work have managed to translate it into anything approach- ing a regular income. The proportion seeking platform work but not finding it ranges from 8.6% in the Netherlands to 21.7% in Czechia. On the basis of this evidence alone we cannot be sure how intensive this search is: does it merely indicate having registered their details on an online platform or a more active pursuit of work opportunities? The trend
evidence from the UK shows that the proportion seeking but not undertaking platform work has increased over the three years from 2016 to 2019 (from 11.7% to 13.0%) though not as much as the increase in weekly platform working (which went up from 4.7% to 9.6% over the same period). The countries with the largest proportions of the population seeking platform work are Czechia, Slovenia, Spain and Estonia, in line with their greater propensity to access other forms of income from online sources and, as we have seen their lower levels of average earnings. In these countries there are also higher levels of weekly and more occasional platform work.
“ Interestingly, those
who provide household services via platforms
are not a separate ‘servant class’. These
services are often bought and sold among
the same population.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 13
4,7 %
4,9%
4,9%
6,2%
9,5%
1 0,0%
1 2,4%
8,1 %
8,2%
1 7 ,0%
1 8,5%
28,5%
9,6%
7 ,7 %
4,7 %
4,7 %
4,1 %
5,7 %
9,4%
8,2%
9,3%
1 1 ,5%
6,8%
1 0,5%
1 7 ,7 %
1 5,6%
5,7 %
7 ,7 %
11,7%
1 4,3%
8,6%
1 0,2%
1 6,8%
1 4,0%
1 1 ,5%
20,4%
1 3,1 %
20,6%
20,4%
21,7%
1 3,0%
1 7 ,9%
0 0,1 0,2 0,3 0,4 0,5 0,6 0,7
UK (2016)
Sweden (2016)
Netherlands (2016)
Germany (2016)
Austria (2016)
Switzerland (2017)
Italy (2017)
Estonia (2018)
Finland (2018)
Spain (2018)
Slovenia (2019)
Czechia (2019)
UK (2019)
France (2019)
At least weekly platform work
Less than weekly platform work
Seeking but not undertaking platform work
FIGURE 3: SEEKING AND UNDERTAKING PLATFORM WORK (% OF WORKING-AGE POPULATION) [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).]
THE PLATFORMISATION OF WORK IN EUROPE14
PLATFORM WORK IS GENERALLY A SUPPLEMENT TO OTHER EARNINGS
In the large majority of cases, platform work represents a minor supplement to other earnings rather than the main source of income. As figure 4 shows, it is less than 10% of all income for the largest group of platform workers in all countries, with only a small minority saying that it constitutes all their income. This minority did nevertheless grow in the UK (the only country for which we have comparable data) from 5.2% in 2016 to 9.4% in 2019. Despite this, it must be emphasised that the typical picture is one where the income from platform work is used to top up earnings from other sources. It is therefore impossible to isolate platform workers as a special kind of worker, distinct from others. On the contrary, they are best characterised as part of a continuum of casual, on-call work. Although there are variations between countries, it is strik- ing that the general pattern is remarkably similar. It might be expected that in some countries (for instance those with high unemployment rates) a large group of what might be termed ‘professional platform workers’ might have emerged, using online platforms as their sole or main source of income and sharply differentiated from the rest of the workforce (it is certainly the impression given by much of the press coverage of the platform economy that there is a pool of ‘gig economy workers’ who are distinctively different from regular workers). These results suggest that this is not the case. In most countries more than nine out of ten platform workers combine it with other sources of income, and the proportion of ‘full-time platform workers’ never exceeds 12% of the total. This has a number of implications. Not only does it suggest that forms of part-time or temporary work that might oth- erwise be available to the unemployed are being carried out by people who already have jobs. It also suggest that many workers are having to work very long hours in order to meet their financial needs. This has negative implications for their work-life balance and health. It may also be one of the factors driving a further expansion of platform work if, as discussed earlier, one of the motives driving people to purchase household services in online markets is a lack of time to carry these tasks themselves.
“ the vast majority uses
platform work to top up income from other
sources. Hence, it is misleading to present platform workers as a special kind of worker,
distinct from others.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 15
0% 10% 20% 30% 40% 50% 60%
All
10% to 25%
25% to 50%
50% to 75%
75% to 99%
Up to 10%
France (2019)
UK (2019)
Czechia (2019)
Slovenia (2019)
Spain (2018)
Finland (2018)
Estonia (2018)
Italy (2017)
Switzerland (2017)
Austria (2016)
Germany (2016)
Netherlands (2016)
Sweden (2016)
UK (2016)
FIGURE 4: PROPORTION OF PLATFORM WORKERS’ PERSONAL INCOME DERIVED FROM PLATFORM WORK [Base: 241 platform workers who provided this information in France, 288 in the UK 2019 survey, 628 in Czechia, 550 in Slovenia, 495 in Spain, 234 in Finland, 289 in Estonia, 362 in Italy, 284 in Switzerland, 301 in Austria, 223 in Germany, 141 in the Netherlands, 163 in Sweden and 181 in the UK 2016 survey (weighted).]
THE PLATFORMISATION OF WORK IN EUROPE16
EMPLOYMENT AND INCOME STATUS
An investigation of the employment and income status of platform workers confirms this picture of platform work as an additional source of income that contributes to building up a sustainable livelihood for which the main earnings come from other sources. The first group of surveys, carried out in the UK, the Neth- erlands, Sweden, Germany and Austria in 2016, explored the labour market and employment status of respondents by collecting information from respondents about whether they were employed full-time, employed part-time, self-em- ployed, a full-time parent, retired or a student. They were also asked whether they worked on a temporary contract, had more than one paid job, were in receipt of benefits or pensions or had income from rent or investments. An addi- tional question was added to the surveys carried in 2017-19, in Italy, Switzerland, Estonia, Finland, Spain, Slovenia and France, asking respondents whether they regarded them- selves as ‘independent contractors’ – the status most often claimed for them by the online platforms. Finally, in 2019, the repeat survey in the UK added further questions: did respondents work for an agency? Were they on zero-hours contract? And, if they were self-employed, did they work for a single person or company or for multiple companies? Respondents were able to select multiple responses so the answers total more than 100%. The responses to these questions are summarised in Fig- ures 5 and 6. These charts show the proportion of the total population in each category with the proportion of weekly platform workers shown in black on the left. In relation to Figure 6, it should be noted that for the last four categories (agency work, zero hours contracts, self-employment for a single client and self-employment for multiple clients) we only have data from the UK (2019 survey). Data on independent contractor status exists only for Estonia, Finland, Spain, Slovenia, Czechia, the UK and France. Respondents were able to select multiple responses so the answers exceed 100%. The responses summarised in Figure 5, however are based on questions to which respondents had to choose a single response. As can be seen, platform workers can be found across all different employment and income statuses, with the larg- est numbers describing themselves as being in full-time employment, reflecting larger national patterns. Particularly high levels of full-time employment in Czechia and Slovenia mirror the relatively low levels of part-time employment in these countries. We may speculate that the high propor- tions of weekly platform workers saying that they have full-time employee status in these two countries may also reflect the relatively low wages they earn in these jobs, mo- tivating them to seek additional income. This is consistent with the results shown in Figure 5 which show that both of these countries also have above-average levels of people saying they have more than one job. More strikingly, there is no evidence in Figure 5 that those doing regular platform work are more likely than other workers to regard themselves as self-employed or in part-
time employment, further evidence that being a platform worker does not appear to be a primary identity for most of the people who do this work regularly. Even among those identifying themselves as independent contractors (shown in Figure 6) only a minority were regular platform workers. Results from our qualitative interviews suggest that workers actively seek to conceal the fact that they do platform work at all because they regard it as stigmatising. Some of the variations shown in Figure 6 also reveal broad- er national differences, for example the high proportions in France and Finland, and, to a lesser extent the UK reflect the more generous welfare provisions and/or wage subsi- dies in these countries.
“ Those doing regular
platform work are no more likely than other
workers to regard themselves as self- or part-time employed.
For most, it seems being a platform
worker is not a primary identity.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 17
0% 1 0% 20% 30% 40% 50% 60% 7 0%
Retired
Full- time parents
Self- employed
Part- time employed
Full- time employed
France (2019)
UK (2019)
Czechia (2019)
Slovenia (2019)
Spain (2018)
Finland (2018)
Estonia (2018)
Italy (2017)
Switzerland (2017)
Austria (2016)
Germany (2016)
Netherlands (2016)
Sweden (2016)
UK (2016)
Levels for those who undertake platform work at least weekly
FIGURE 5: EMPLOYMENT STATUS IN WORKING AGE POPULATION [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted). Full-time parent status not collected in Estonia.]
THE PLATFORMISATION OF WORK IN EUROPE18
On Temporary contract
More than one paid job
Receiving benefits or pensions
Income from rent/investments
Independent contractor
France (2019)
UK (2019)
Czechia (2019)
Slovenia (2019)
Spain (2018)
Finland (2018)
Estonia (2018)
Italy (2017)
Switzerland (2017)
Austria (2016)
Germany (2016)
Netherlands (2016)
Sweden (2016)
UK (2016)
Levels for those who undertake platform work at least weekly
10% 15% 20% 25% 30%5%0%
Work for agency
Self-employed (for one person/company)
Self-employed (for multiple companies)
On a zero hours contract
FIGURE 6: FREQUENCY OF TYPES OF INCOME/WORK IN WORKING AGE POPULATION [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).]
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 19
We must conclude from this overview that most platform work can be regarded as an activity engaged in by people wishing to augment their earnings from other sources. A growing proportion of the population, including many in ‘regular’ employment, is piecing together a livelihood from multiple sources of income, not all of which involve the sale of their labour. Where people are selling their labour, online platforms represent only one of several different sources of paid work.
9 European Commission Directorate-General for Employment, Social Affairs and Inclusion (2017) Labour Market and Wage Developments in Europe. Brussels. 10 Spasova, S., D. Bouget, D. Ghailani & B. Vanhercke (2017) Access to social protection for people working on non-standard contracts and as self-employed
in Europe: A study of national policies, Brussels: European Commission Directorate General for Social Affairs.
As such, the growth of platform work must be seen in the context of broader trends. These include: the drop in value of real earnings in Europe in the aftermath of the finan- cial crisis of 2007-8 [9] and, in some countries, the impact of accompanying austerity policies including reductions in benefits and cutbacks in public services; downward pressures on wages and working conditions resulting from increased global competition in the labour market; and a general growth in non-standard forms of employment [10].
THE SPREAD OF DIGITAL WORK ORGANISATION AND MANAGEMENT PRACTICES
We have seen that the term ‘platform work’ cannot be used to designate a particular group of workers capable of being demarcated as a distinct group in the labour market. Rather, it is best seen as a practice engaged in by a broad range of workers to add to their income from a large variety of other sources. In several respects it is difficult to distinguish from other forms of casual work that have traditionally been carried out in the informal economy, both in terms of the types of activities involved (cleaning, childcare, delivery, taxi services, household maintenance services) and in terms of the temporary nature of the relationship between the worker and the client for whom the services are provided. We now turn our attention to the digital practices that are generally considered to distinguish online platforms from other types of labour market intermediary, and, indeed, to constitute the novelty that has brought them to public attention since the mid-2010s. Many of these practices are specific to particular platforms. They include the use of proprietary algorithms for matching supply with demand and fine-tuning the monitoring of performance, using the data thus generated to develop increasingly sophisticat- ed performance indicators, and associated incentives and penalties, for the workforce while also enabling ever more precise targeting of advertising towards potential customers. Such practices cannot, of course, be captured in a general population survey. However our surveys did include questions designed to collect information about practices that could serve as indicators for them. These indicators fall into two broad categories. The first of these categories concerns digital practices that are known
to be widespread in the Internet Age but which, never- theless, could be regarded as preconditions for platform work, which requires workers to be available for remote communication with employers and clients using a digital device such as a smartphone, tablet or computer. That work had been sought or obtained using such devices was built into the definitions of platform work used in our analysis. However we also asked specific questions about whether they were used for work-related remote communication by email or SMS or instant messaging.
The second category of indicators relates to practices gen- erally seen as more specific to platform work. In the first seven surveys (in the UK, Sweden, Netherlands, Germany, Austria, Switzerland and Italy) we asked two questions: the first about the use of apps or websites for notifying workers when a task was waiting for them; and the second about the use of apps or websites to record the work that had been done. In subsequent surveys (in Estonia, Finland, Spain, Slovenia, France and the second UK survey) we asked a further question about the use of customer ratings for the evaluation of the work done.
The responses to these questions are shown in Figures 7-9. Figure 7 shows the broad extent of home-based digital communications with clients or customers across the European labour force. It is at its lowest in Germany, where around a third of the working-age population report sending or receiving work-related emails or digital mes- sages from their homes, and at its highest in Czechia and
“ A growing proportion
of the population, including many in
‘regular’ employment, is piecing together a
livelihood from multiple sources of income, not all of which involve the
sale of their labour’.
„
THE PLATFORMISATION OF WORK IN EUROPE20
Switzerland where over 70% do so. Even in France, where there have been legal measures designed to minimise the intrusion of work into home life since January 2017 (with companies with more than 50 employees prevented from emailing them after 6 pm) [11], some 44% of the working-age population reported doing so in 2019. In all countries ex- cept Czechia and Spain, the numbers of people using this form of teleworking who are not platform workers greatly exceeds those who are. In Sweden and the Netherlands, for every platform worker using this practice there are more than six non-platform workers doing so. Narrowing the fo- cus down to look only at those who do platform work at least once a week produces an even more overwhelming majority of non-platform workers teleworking in this way
11 Agence France Presse (2016) ‘French workers win legal right to avoid checking work email out-of-hours’,The Guardian, 31 December. Accessed on June 3, 2019 from: https://www.theguardian.com/money/2016/dec/31/french-workers-win-legal-right-to-avoid-checking-work-email-out-of-hours
4%
5%
5%
5,6%
8,9%
9,5%
11,9%
7 ,2%
7 ,4%
1 6,2%
1 7 ,6%
26,3%
9,2%
7 ,2%
4%
4%
3%
4%
7 ,8%
7 ,3%
7 ,1 %
9,4%
5,9%
9,2%
1 5,2%
12,9%
5%
6,2%
37 ,1 %
51 ,9%
49,5%
24,9%
41 ,4%
55,6%
31 ,9%
40,5%
39,1 %
25,7 %
37 ,1 %
32,6%
32,8%
30,3%
UK (2016)
Sweden (2016)
Netherlands (2016)
Germany (2016)
Austria (2016)
Switzerland (2017)
Italy (2017)
Estonia (2018)
Finland (2018)
Spain (2018)
Slovenia (2019)
Czechia (2019)
UK (2019)
France (2019)
At least weekly platform workers Less frequent platform workers Non-platform workers
0% 10% 20% 30% 40% 50% 60% 70% 80%
FIGURE 7: SENDING OR RECEIVING EMAILS, TEXTS OR INSTANT MESSAGES FROM EMPLOYER OR CLIENT WHILE AT HOME FOR WORKING AGE POPULATION [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).]
“ Teleworking from home
is widespread across the European labour
force. In Sweden and the Netherlands, for every
platform worker using this practice there are more than six non- platform
workers doing so.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 21
Figure 8 looks at two practices that are more specific to on- line platforms: the use of apps or websites to notify workers of new tasks awaiting them and/or to record their working hours. These practices are newer and do not yet extend so broadly across the labour market. They are at their lowest in Germany (at 13.1%) and exceed 50% only in Slovenia and Czechia. Nevertheless they appear to be growing rapidly, having risen from to 15.8% to 27.2% between 2016 and 2019 in the UK (the only country for which we have trend data). Nevertheless, it is striking that here too only a minority of those using these apps or websites are frequent platform workers, and in many countries (France, the UK, Finland, Estonia, Switzerland, the Netherlands and Sweden) even when occasional platform workers are added to those who do so at least weekly, their numbers are still exceeded by non platform workers. In other words, it appears that the practices of digital management are spreading much more extensively than the use of online platforms to find work. In the process, growing proportions of the larger workforce
are using digital interfaces to communicate with their man- agers, suggesting a decline in face-to-face and personal communications with colleagues, employers and clients.
4%
4%
4%
5,2%
7 ,7 %
8,2%
1 0,9%
7 ,2%
7 ,7 %
1 6,6%
1 6,0%
25,0%
8,5%
7 ,3%
2%
3%
2%
3%
5,3%
5,7 %
5,5%
7 ,6%
5,7 %
9,4%
1 3,0%
1 1 ,3%
4%
5,6%
9,7 %
20,5%
1 5,1 %
5,0%
1 5,0%
1 8,0%
1 1 ,3%
26,2%
27 ,3%
21 ,1 %
28,0%
24,3%
1 5,1 %
1 8,6%
UK (2016)
Sweden (2016)
Netherlands (2016)
Germany (2016)
Austria (2016)
Switzerland (2017)
Italy (2017)
Estonia (2018)
Finland (2018)
Spain (2018)
Slovenia (2019)
Czechia (2019)
UK (2019)
France (2019)
At least weekly platform workers Less frequent platform workers
0% 10% 20% 30% 40% 50% 60% 70% 80%
Non-platform workers
FIGURE 8: USING AN ‘APP’ OR WEBSITE TO BE NOTIFIED WHEN WORK IS AVAILABLE OR TO LOG WORK FOR WORKING AGE POPULATION [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia, 2199 in Italy, 2001 in Switzerland, 1969 in Austria, 2180 in Germany, 2125 in the Netherlands, 2146 in Sweden and 2238 in the UK 2016 survey (weighted).]
“ Digital management practices associated
with platform work are spreading rapidly across the larger workforce.„
THE PLATFORMISATION OF WORK IN EUROPE22
A similar pattern can be seen in the use of customer ratings to assess the quality of work, shown (for six countries) in Figure 9. Although the use of customer ratings as a means of disciplining workers is generally considered as a defining feature of platform work, this too is a practice that extends well beyond the scope of the online platforms. In every country, frequent platform workers are outnumbered by occasional and non-platform workers among those having their work rated in this way and in France, Estonia and Slo- venia, there are actually more non-platform workers than platform workers reporting this practice. The growing use of ratings by customers (rather than qualified professionals) for assessing the quality of work has implications both for professional standards and for equity, with research show- ing evidence of bias in user assessment on the grounds of gender [12] and ethnicity [13].
12 Mitchell, K., & Martin, J. (2018). ‘Gender Bias in Student Evaluations’, PS: Political Science & Politics, 51(3), 648-652. 13 Rosenblat, A., S. Barocas, K. Levy T. Hwang (2016) ‘Discriminating Tastes: Customer Ratings as Vehicles for Bias’ , Data & Society, October: 1-21.
6,9%
7 ,4%
1 6,6%
1 5,9%
23,4%
8,7 %
6,5%
7 ,0%
5,2%
8,5%
1 2,4%
9,1 %
4%
5,2%
1 9,5%
1 2,6%
1 7 ,6%
20,9%
1 7 ,5%
11,7%
1 5,6%
0% 1 0% 20% 30% 40% 50% 60% 7 0% 80%
Estonia (2018)
Finland (2018)
Spain (2018)
Slovenia (2019)
Czechia (2019)
UK (2019)
France (2019)
At least weekly platform workers Less frequent platform workers Non-platform workers
FIGURE 9: HAVE WORK RATED BY CUSTOMERS, CLIENTS OR USERS FOR WORKING AGE POPULATION [Base: 2159 respondents in France, 2235 in the UK 2019 survey, 2000 in Czechia, 2001 in Slovenia, 2182 in Spain, 2000 in Finland, 2000 in Estonia (weighted). Note: the 2016 surveys did not include a question about customer ratings.]
“ The growing use of customer ratings
undermines professional standards
and is often biased on the grounds of gender
and ethnicity.
„
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 23
A GENERAL TREND TOWARDS THE ‘PLATFORMISATION’ OF WORK
This evidence points to a trend towards the digital management of work, which extends well beyond work carried out under the control of online platforms. Indeed, it could be argued that a general ‘platformisation’ of work is taking place across the labour market, of which platform work forms only a small proportion.
POLICY IMPLICATIONS This report has highlighted two major trends. On the one hand, platform work is a practice mainly engaged in by people with other sources of income, as a supplement to earnings from another job, often a full-time one. This trend may well be associated with an increase in the hours spent working, with negative implications for work-life balance, leading, in turn, to a growth in the demand for buying household services in the market and hence driv- ing further growth in the platform economy. On the other, the digital management practices associated with platform work extend broadly across the labour market and are not restricted only to platform work. Taken together, these find- ings indicate that it is neither possible nor useful to isolate platform workers as a distinct group on the labour market with problems that could be addressed by regulations that are specific to platform work. On the contrary, the issues
that have been highlighted in research on platform work are broadly pervasive and can only be addressed effec- tively at a more general level.
These issues fall into two broad categories: issues related to the general spread of casual, precarious on-call work; and issues related to the increasing use of digital man- agement practices across the labour market. To these, we can add a third dimension: the possibilities opened up by these digital management practices for positive uses of platform technologies, both for economic growth and for social benefit.
ISSUES RELATED TO THE SPREAD OF CASUAL WORK The survey results reported here indicate that the most important factor driving Europeans to take up platform work is the quest for additional income. This suggests that the policy measures most likely to address this trend are those that serve to bolster earnings in the main job.
Addressing the causes
Here, the issue of minimum wages becomes important. In countries where there is no national minimum wage, the existence of a pool of workers prepared to work for low wages on a casual basis undermines the wage levels ne-
gotiated in collective agreements and adds weight to the argument for introducing one. In countries where a national minimum wage exists, then there may be a need either to increase efforts to enforce it, or raise it, or both.
Addressing the consequences
Ambiguity about the contractual status of platform works presents a barrier in this context. A clarification of platform workers’ status as workers would serve not only to deter- mine the applicability of statutory minimum wages but also of other rights, such as rights to paid holidays, to call in safety inspectors, to be represented by trade unions and
for equal treatment. A clarification of the definition of a de- pendent worker and the rights associated with this status also needs to be complemented by a clarification of the definition of self-employment, a definition that should be consistent in relation to employment law, taxation and the benefits system.
“ Most platform workers are driven by a need for
additional income. Hence, there is a need for policies
to bolster people’s earnings from their main job.„
THE PLATFORMISATION OF WORK IN EUROPE24
Making social protection systems compatible with the new labour market realities
14 Gershuny, J. (2018) Gender Symmetry, Gender Convergence and Historical Work-time Invariance in 24 countries. Oxford: Centre for Time Use Research, University of Oxford.
Finally, the role of national social protection systems needs to be examined in relation to casual and on-call work. It seems likely that where access to benefits is limited to
those meeting certain criteria for being available to work, some casual workers are vulnerable to falling outside their scope.
ISSUES RELATED TO THE SPREAD OF DIGITAL MANAGEMENT PRACTICES
The general spread of digital management practices across the workforce raises a number of issues potentially affecting all workers. These include the collection of data on workers and customers and the potential for misuse of these data in contravention of the spirit of EU data protection rules.
Other issues to be addressed include the risk of depro- fessionalisation associated with a substitution of customer ratings for the professional judgement of qualified super- visors or peers in the assessment of work quality and the
threat to equality of opportunity posed by algorithmic bias.
The increasing use of digital interfaces between workers and their managers, clients and colleagues poses risks to wellbeing at work. A reduction in face-to-face contact may also mean a reduction in informal on-the-job training, a lack of mentorship and a loss of opportunities for dialogue, improvement and social interaction, leading to a range of psycho-social risks that can affect the quality of service to clients as well as the wellbeing of workers.
POTENTIAL POSITIVE USES OF PLATFORM TECHNOLOGIES
Digitally managed online platforms in their current form present risks to workers (in terms of poor working condi- tions and lack of security). They also pose risks to wellbeing and to work-life balance, not least by adding additional working hours to those already undertaken in the main job. Where customers rely on commercial platform-based services to manage their care responsibilities and house- hold labour there may (in contrast with publicly provided services) also be some barriers to equality of access by users because they are available only to those who can afford to purchase them in the market.
However there is no reason in principle why the technol- ogies on which platform services are based could not be used in ways that contribute to the improvement of work- ing conditions, the development of local economies or to improve the quality of local services, in line with broader European public policies.
For example, the improved matching of supply and demand for services enabled by platform technologies, if developed under the control of municipalities or non-profit bodies, or in the form of public-private partnerships, could be used to de- velop flexible systems for providing household services on a just-in-time basis, ranging from ready meals for people who are sick, older and housebound to emergency baby-sitting
services, transport services for the disables or care services that are more carefully tailored to individual needs. They could, in other words contribute to the development of digi- tally managed welfare states fit for the 21st century.
Making household services such as cleaning and mainte- nance more readily available could also serve to improve work-life balance, by easing the burden of housework which still falls disproportionately on women [14], thus contrib- uting to gender equality in line with the spirit of the Directive on work-life balance for parents and carers.
It would be possible to avoid the inequalities in access that are inherent in purely market-based services by integrat- ing these platforms with public service provision. It could be useful, for example, to make certain services free to particular categories of users, to introduce means-testing, to apply existing rules on entitlement to public services to platform services, or to provide households with vouchers or a basic income part of which could be used to purchase such services. Placing these platform services wholly or partially under public management would bring them un- der democratic control, opening up the possibility for local communities to have a say in service prioritisation.
A degree of public control would make it possible to safe-
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 25
guard service quality. This could ensure, for example, that all workers are suitable trained, qualified and vetted, that health and safety standards are met and that workers are properly compensated, with employment rights, decent working conditions and entitlements to maternity, paternity and parental leave, sick leave, holidays and pensions.
Such policy initiatives could be complemented by other policy steps to address the social protection, wages and working conditions of platform workers more generally. This would include clarification of their employment rights and a reform of social protection systems to better protect precarious workers in this field, as recommended in the Council Recommendation on access to social protection for workers and the self-employed.
Such initiatives could take advantage of some of the new possibilities opened up by digitalisation, such as the flexi- bility offered by online platforms for matching supply and demand in real time. This could make it easier to meet the needs of users with unpredictable demands for services, such as people with intermittent medical conditions or workers on on-call contracts, by providing them with just-in- time provision of services (such as emergency baby-sitting or short-term care). It would, further, be possible to combine these platform services with other public goals, such as ensuring that the food delivered is nutritious and ethically or locally sourced.
A local platform strategy could be combined with initiatives to ensure decent working conditions, professional training and employee benefits for the workforce. An integra-
tion with existing care and home help services could be achieved where relevant. Such local platform strategies could, in addition to creating new kinds of decent employ- ment in local communities, bring other forms of benefit to local communities. If the platforms provide market services as well as subsidised ones, then the extra value created by them would be more likely to remain in the local economy, generating a range of multiplier effects. Once platforms are set up, there would be no reason in principle to re- strict them to providing household services. They could also be used to create other sorts of employment for local job-seekers, such as, for example supplying business ser- vices to local start-ups or SMEs. Consultation with other local stakeholders, including trade unions, would, however, be required to ensure that they were not inadvertently un- dercutting existing businesses in so doing.
By freeing up time that would otherwise be devoted to housework this could enable both women and men to access the labour market on more equal terms, while im- proving their work-life balance. On the labour supply side, it could create better-quality and more satisfying employment combining flexibility with security and full inclusion in the labour market, including the legal protections and social rights of employees. Local economies and communities could also benefit in several ways. The value generated by these new economic activities would remain in the lo- cal economy; the flexibility offered by digital technology in matching supply and demand in real time would result in better quality services, responsive to the varied needs of local residents; and the improved work-life balance of the local population could release more time for other activities such as creative work, voluntary work or active citizenship.
“ Making household
services such as cleaning and
maintenance more readily available
could also serve to improve work-life
balance, by easing the burden of housework
which still falls disproportionately on
women.
„
“ A local platform
strategy could be combined with
initiatives to ensure decent
working conditions, professional training and employee benefits
for the workforce.
„
THE PLATFORMISATION OF WORK IN EUROPE26
NOTES The surveys
The research was funded by the European Foundation for Progressive Studies (FEPS) in collaboration with UNI Europa, with co-funding at national level from Unionen in Sweden, the TNO Research Institute in the Netherlands, The Chamber of Labour (AK) in Austria, ver.di and IG Metall in Germany, syndicom in Switzerland, the Fondazione EYU in Italy, the Estonian Parliament (Riigikogu) in Estonia, the Kalevi Sorsa Foundation and Service Union United (PAM), in Finland, the Felipe Gonzalez Foundation in Spain, Progre- siva in Slovenia, the Masarykova demokratická akademie and the Friedrich-Ebert-Stiftung office in Prague in Czechia, the Trades Union Congress (TUC) in the UK and the Fonda- tion Jean-Jaurès in France.
Details of the surveys carried out are given in the table below. Offline surveys have also been carried out in the UK (face to face) and Switzerland (telephone) in order to assess the effect of survey mode on results. Results have been broadly replicated. Investigations indicate that where differences in results exist, these are largely due to inevita- ble issues in converting an online questionnaire into face to face or telephone mode.
COUNTRY SAMPLE SIZE SURVEY DATES AGE RANGE STRATIFICATION
UK (online) 2,238 22-26 Jan 2016 16-75 Age, gender, region, social grade, working status
Sweden (online) 2,146 26 Feb-7 Mar 2016 16-65 Age, gender, region and working status
Germany (online) 2,180 1-4 Apr 2016 16-70 Age, gender, region, working status and social grade
Austria (online) 1,969 1-4 Apr 2016 18-65 Age, gender, region, and working status
Netherlands (online) 2,126 22-27 Apr 2016 16-70 Age within gender, economic activity, region, working status
UK (offline – face-to-face) 1,794 24 Mar - 4 Apr 2017 16-75
Age, region, working status and social grade within gender, as well as household tenure and respondent ethnicity using ‘rim’ weighting procedures
Switzerland (offline – telephone) 1,205 27 Mar - 7 Apr 2017 15-79 Age, gender, region and working status
Italy (online) 2,199 31 Mar- 5 Apr 2017 16-70 Age, gender and region, with data weighted to these same variables, plus working status and economic activity to correct for any sample imbalances.
Switzerland (online) 2,001 3-14 Apr 2017 16-70 Age, gender, region and working status
Estonia (online) 2,000 8 Nov - 10 Dec 2018 18-65 Age, gender, region and working status
Finland (online) 2,000 6-13 Dec 2018 18-65 Age, gender and region
Spain (online) 2,182 27 Nov-5 Dec 2018 16-65 Age within gender, region and working status
Slovenia (online) 2,001 21 Feb-5 Mar 2019 18-55 Age, gender and working status
Czechia (online) 2,000 19-25 Mar 2019 18-55 Age, gender, region and working status
UK (online) 2,235 26 Apr-1 May 2019 16-75 Age, gender, region, social grade and working status
France (online) 2,159 17-21 May 2019 16-75 Age crossed by gender, region and working status
RESEARCH HIGHLIGHTS FROM RESEARCH IN 13 EUROPEAN COUNTRIES 27
ESTIMATES AND CONFIDENCE INTERVALS
In this report, percentages given are based on weighted calculations to adjust for small deviations of the sample from population characteristics. Missing and “don’t know” responses have been excluded. Where percentages have been expressed as number of people, these figures are similarly weighted. Where counts of respondents (not based on percentages) are reported, these are not weighted.
Confidence intervals have not been given in the main body of the report for ease of readability. The table below gives the maximum deviations that should be add to/subtracted from these figures to form 95% confidence intervals.
BASE ON WHICH PERCENTAGE IS CALCULATED
Country, Year
All respondents
All male respondents
All female respondents
At least weekly
platform workers
At least yearly platform workers
Platform workers giving
data on personal income
UK (2016) 2.1% 2.9% 2.9% 9.6% 7.4% 3.7%
Sweden (2016) 2.1% 3.0% 3.0% 9.6% 7.2% 3.9%
Netherlands (2016) 2.1% 3.0% 3.0% 9.6% 7.7% 4.3%
Germany (2016) 2.1% 3.0% 3.0% 8.4% 6.3% 3.4%
Austria (2016) 2.2% 3.1% 3.1% 7.2% 5.4% 2.9%
Switzerland (2017) 2.2% 3.1% 3.1% 6.9% 5.3% 3.0%
Italy (2017) 2.1% 3.0% 3.0% 5.9% 4.7% 2.6%
Estonia (2018) 2.2% 3.2% 3.1% 7.8% 5.4% 3.0%
Finland (2018) 2.2% 3.1% 3.1% 7.7% 6.2% 3.3%
Spain (2018) 2.1% 3.0% 3.0% 5.1% 4.1% 2.3%
Slovenia (2019) 2.2% 3.1% 3.2% 5.1% 3.8% 2.1%
Czechia (2019) 2.2% 3.1% 3.1% 4.1% 3.4% 2.0%
UK (2019) 2.1% 2.9% 2.9% 6.7% 5.4% 2.9%
France (2019) 2.1% 3.0% 3.0% 7.6% 5.7% 3.2%
Nimi | K.p. | Δ | Viit | Tüüp | Org | Osapooled |
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