📋 Tender Overview
The European Commission adopted a proposal for a directive on the improvement of working conditions in the workplace. The proposal contains provisions on the determination of the employment status of platform workers as well as other requirements for platform work. The Ministry of Employment and the Economy is beginning to assess the relationship between the proposals and Finnish legislation.Platform work refers to the work that companies pass on to employees or the self-employed through digital platforms. For example customers can be offered the transport of food and goods or services via the network.The Commission proposes a presumption of employment for platform workThe Commissions aim is to ensure that those working through the platforms enjoy the rights and social benefits to which they are entitled. The proposal for a directive lists the criteria for determining whether platform work is presumed to take place in an employment relationship. If at least two of the five criteria were met those working through the platform would be assumed to be in employment the so-called employment presumption. In that case they would have employment rights and benefits such as paid leave and sickness benefits. Platform companies would have the right to challenge or challenge their presumed employer status in legal or administrative proceedings. It would also be possible for the contractor to have the nature of the legal relationship assessed.There is no presumption of employment in Finland but the existence of an employment relationship is determined on the basis of the characteristics of the employment relationship provided for in the Employment Contracts Act. The Commission is also proposing new rights for employees and the self-employed in situations where so-called algorithmic guidance is used. It refers to the use of automated systems as an assistant or substitute for managerial work. The directive would ensure that compliance with agreed working conditions is monitored by the individual. In addition the contractor would be given the right to challenge automatically generated decisions. The proposal for a directive also includes proposals on control transparency and traceability of the rules.In addition the Commission has launched a public consultation ending on 24 February 2022 on draft guidelines on the application of EU competition law to collective agreements on working conditions for sole proprietors. The purpose of the guidelines is to clarify the circumstances in which competition law does not prevent certain self-employed workers from concluding collective agreements which improve their working conditions.The evaluation of the Commissions proposal will start in FinlandIt is good that solutions are also being sought at EU level to clarify the position of platform workers. The Commissions proposal has been awaited and now we can evaluate it from Finlands perspective commented Minister of Labor Tuula Haatainen on the Commissions proposal.The Government forms Finlands position on the draft directive together with Parliament and after consulting the labor market organizations.The Commissions proposal will be discussed among Member States representatives in a working group of the Council of the EU after which it will be decided by EU labor ministers. The European Parliament also takes a position on the proposal. Finally the views of the Council and the European Parliament are agreed in the so-called codecision procedure. Once the proposal is adopted Member States will have two years to transpose the directive into national law.
