{"id":64033,"date":"2023-12-22T16:47:45","date_gmt":"2023-12-22T16:47:45","guid":{"rendered":"https:\/\/entertainment.runfyers.com\/index.php\/2023\/12\/22\/eus-provisional-deal-on-gig-worker-rights-fails-to-get-enough-backing-from-member-states-techcrunch\/"},"modified":"2023-12-22T16:47:45","modified_gmt":"2023-12-22T16:47:45","slug":"eus-provisional-deal-on-gig-worker-rights-fails-to-get-enough-backing-from-member-states-techcrunch","status":"publish","type":"post","link":"https:\/\/entertainment.runfyers.com\/index.php\/2023\/12\/22\/eus-provisional-deal-on-gig-worker-rights-fails-to-get-enough-backing-from-member-states-techcrunch\/","title":{"rendered":"EU&#8217;s provisional deal on gig worker rights fails to get enough backing from Member States | TechCrunch"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<p id=\"speakable-summary\">Not so fast on that Christmas present for precarious gig workers in the EU: A political deal <a href=\"https:\/\/techcrunch.com\/2023\/12\/13\/eu-platform-worker-directive-political-deal\/\" target=\"_blank\" rel=\"noopener\">announced mid month<\/a>, which aims to bolster platform workers rights across the European Union by establishing a legal presumption of employment, does not have the necessary qualified majority backing among Member States, it emerged today.<\/p>\n<p>In an brief update to the European Council\u2019s online <a href=\"https:\/\/www.consilium.europa.eu\/en\/press\/press-releases\/2023\/12\/13\/rights-for-platform-workers-council-and-parliament-strike-deal\/\" target=\"_blank\" rel=\"noopener\">press release<\/a>, where it had trumpeted the earlier political deal on the file, the institution writes: \u201c[O]n 22 December 2023 the Spanish presidency concluded that the necessary majority on the provisional agreement among member states\u2019 representatives (Coreper) could not be reached. The Belgian presidency will resume negotiations with the European Parliament in order to reach an agreement on the final shape of the directive.\u201d<\/p>\n<p>The development was picked up earlier by <a href=\"https:\/\/www.bloomberg.com\/news\/articles\/2023-12-22\/eu-members-reject-provisional-deal-on-gig-workers-rights\" target=\"_blank\" rel=\"noopener\">Bloomberg<\/a> and <a href=\"https:\/\/www.euractiv.com\/section\/economy-jobs\/news\/member-states-deal-heavy-blow-to-platform-work-deal\/\" target=\"_blank\" rel=\"noopener\">Euractiv<\/a> \u2014 which reported that the deal failed to secure a qualified majority in a Coreper held Friday.<\/p>\n<p>\u201cNo formal vote was even held on the text, as it became clear there would be no majority,\u201d said Euractive, citing information it obtained that the Baltics, Czech Republic, France, Hungary and Italy \u201cformally said no to a deal they believed was too far gone from the Council\u2019s version of the directive\u201d.<\/p>\n<p>France has been fingered as leading resistance to the agreement that was announced by exhausted parliamentary negotiators mid month, with the parliament\u2019s co-rappoteur on the file <a href=\"https:\/\/www.euractiv.com\/section\/economy-jobs\/interview\/macron-may-be-killer-of-social-europe-platform-work-directive-rapporteur-warns\/\" target=\"_blank\" rel=\"noopener\">blaming opposition to the deal on French president Emmanuel Macron<\/a> earlier this month.<\/p>\n<p>Depending on changes demanded by blocking Member States, the file could be forced back into the EU\u2019s three-way lawmaking negotiation process, known as trilogues, where co-legislators in the European Parliament, Council and the Commission would have to try, once again, to find a compromise they can all agree on.<\/p>\n<p>However if trilogues have to be reopened in January they would come with the added complication of a hard deadline, as European elections are looming.<\/p>\n<p>A failure to find a way forward on the file in a matter of months would then leave the gig worker labor reform at the mercy of reconfigured political priorities under a new European Commission and parliament \u2014 which may be even more right leaning than the current formation.<\/p>\n<p>In a thread posted on X, Joaqu\u00edn P\u00e9rez Rey, labor minister in the Spanish government \u2014 which has held the rotating European Council presidency for the last six months; and <a href=\"https:\/\/techcrunch.com\/2023\/12\/13\/eu-platform-worker-directive-political-deal\/\" target=\"_blank\" rel=\"noopener\">had announced reaching a deal on the platform worker file on December 13<\/a> \u2014 blamed conservative and liberal governments for blocking the reform.<\/p>\n<div class=\"embed breakout embed-oembed embed--twitter\">\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"es\" dir=\"ltr\">\u203c\ufe0f Los Gobiernos conservadores y liberales de la UE impiden la aprobaci\u00f3n de la Directiva de Plataformas Digitales impulsada por la Presidencia espa\u00f1ola de la UE.<\/p>\n<p>\ud83c\uddea\ud83c\uddfa Una medida pionera que otorgaba derechos a unos 30 millones de trabajadores y a 5,5 millones de falsos aut\u00f3nomos.<\/p>\n<p>\u2014 Joaqu\u00edn P\u00e9rez Rey (@jperezrey) <a href=\"https:\/\/twitter.com\/jperezrey\/status\/1738138375113023576?ref_src=twsrc%5Etfw\" target=\"_blank\" rel=\"noopener\">December 22, 2023<\/a><\/p>\n<\/blockquote>\n<\/div>\n<p>\u201cThe Spanish Presidency of the Council had reached an agreement that had the support of all political groups in [the European] Parliament except the Far Right,\u201d he also wrote [translated from Spanish using AI]. \u201cThis directive was inspired by the one known as <a href=\"https:\/\/techcrunch.com\/2021\/03\/11\/spain-agrees-on-labor-reform-that-will-recognize-delivery-platform-riders-as-employees\/\" target=\"_blank\" rel=\"noopener\">the Rider Law<\/a> that came into force in Spain on August 12, 2021.\u201d<\/p>\n<p>\u201cThis pioneering regulation at the international level, which positioned the EU as the leader of a fair digital transition, will have to continue being debated in the next Belgian Presidency, based on the agreement reached by the Spanish Presidency with the European Parliament,\u201d he added. \u201cSpain and the Ministry of Labor and Social Economy will continue to defend an ambitious Directive that truly improves the situation of workers on digital platforms.\u201d<\/p>\n<p>At their press conference earlier this month to announce the provisional deal on the file, parliamentary negotiators had said the presumption of an employment relationship between a gig worker and a platform would be triggered when two out of a list of five \u201cindicators of control or direction are present\u201d. Although they declined to give details of what these criteria would be.<\/p>\n<p>Opposition to the agreement may center on this element of the reform, as reports have suggested\u00a0blocking Member States are pushing for a higher threshold before the presumption of employments kicks in.<\/p>\n<p>Asked about this, a spokeswoman for the Council told TechCrunch: \u201cI confirm that the disagreement centers on the issue of legal presumption.\u201d<\/p>\n<p>The Council\u2019s position, <a href=\"https:\/\/www.consilium.europa.eu\/en\/press\/press-releases\/2023\/06\/12\/rights-for-platform-workers-council-agrees-its-position\/\" target=\"_blank\" rel=\"noopener\">reached back in June<\/a>, required at least three of the seven criteria set out in the directive needed to be met for the employment presumption to be triggered. The (now failed) provisional deal had lowered the threshold to two out of five. But the agreement announced earlier this month had also allowed for Member States to expand to the list of criteria \u2014 so the blocker looks to be having just two criteria trigger the employment presumption, rather than three.<\/p>\n<p>Parliamentarians who trumpeted the deal reached earlier this month had dubbed it \u201chistoric\u201d and \u201cambitious\u201d, suggesting it would \u201cmove the burden of proof\u201d for precarious gig workers and stop them being \u201cfalsely deemed to be self employed\u201d by putting the onus on platforms to demonstrate an employee really is self employed.<\/p>\n<\/p><\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/>\n<br \/><br \/>\n<br \/><a href=\"https:\/\/techcrunch.com\/2023\/12\/22\/eu-platform-worker-directive-no-coreper-deal\/\" target=\"_blank\" rel=\"noopener\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Not so fast on that Christmas present for precarious gig workers in the EU: A political deal announced mid month, which aims to bolster platform workers rights across the European Union by establishing a legal presumption of employment, does not have the necessary qualified majority backing among Member States, it emerged today. In an brief [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":64034,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[],"class_list":{"0":"post-64033","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-tech"},"_links":{"self":[{"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/posts\/64033","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/comments?post=64033"}],"version-history":[{"count":0,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/posts\/64033\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/media\/64034"}],"wp:attachment":[{"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/media?parent=64033"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/categories?post=64033"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/entertainment.runfyers.com\/index.php\/wp-json\/wp\/v2\/tags?post=64033"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}