It is not yet known whether the more lenient rules agreed by the majority of member states and developed in the Council, or the more restrictive ones offered by the European Parliament, will come into force. The latter would ensure the introduction of the so-called entrepreneur test.
Jobs for couriers and drivers? Employees would receive employment contracts
According to the EU directive on improving working conditions via online platforms, people using online applications, e.g. as drivers or couriers, will be able to count on, among others: for a change of employment. This will be of great importance, especially in Poland, because many employees are employed on the basis of various civil law provisions.
According to many experts, this may be a revolution that will, in some way, force employment to be organized on the basis of commission or B2B contracts. Others, on the other hand, believe that little will change because drivers and couriers often choose a civil law contract over an employment contract, he said. However, he did not add what the reason for this was, e.g. a more favorable gross to net conversion rate.
Magdalena Adamowicz, a representative of the European Parliament and an MEP from the Civic Coalition, drew attention to the purpose of the directive itself. – It is intended to protect platform workers, who are weaker than professionally operating platforms. In practice, the latter have greater access to, e.g., legal services, and thus have more opportunities to demonstrate that they apply solutions in accordance with the regulations. Let me remind you that the contract between the platform and the employees can be shaped in such a way as to avoid doubts as to the type of legal relationship between them – emphasized Adamowicz, quoted by BI.
Hiring employees through platforms. Proposals of the Council of the European Union and the European Parliament
Whether new rules will be introduced depends largely on the employees themselves and on the inquisitiveness of the labor inspection, which should supervise them. The final draft of the new directive is being developed by the Council of the European Union and the European Parliament. According to the Council, an employment relationship between the platform and the employee would apply if his or her employment meets three of the seven conditions of the directive. They include, among others: supervising work via the platform, as well as upper remuneration limits. Therefore, in Poland it should be checked whether a given work is performed in the place and time indicated by the employer and under his/her direction – it was reported on the website.
In turn, the European Parliament assumes that the public authority would have to determine whether the employee is an employee or self-employed. However, an employee could dispute that he or she is self-employed. He would then be considered a full-time employee. The platform would have to respond to his position. It could then demonstrate whether the employee is subject to the platform’s control and management, as well as whether he runs an independent business such as the one he provides to the platform – “a kind of entrepreneur’s test,” Business Insider noted. Poland supported the position of the Council of the European Union.
Source: Gazeta
At 247 News Agency, Jason has covered a wide range of topics, from politics and business to crime and entertainment. He is highly respected by his colleagues and peers, and his articles are widely read and shared. With a passion for news and a commitment to accuracy, Jason Root is a valuable asset to the 247 News Agency team.
