The Gig Economy Project was present at two big platform work conferences in Brussels this week, as gig workers and politicians gathered at the 'Alternatives to Uberisation' forum while academics and researchers attended the 'Future of Work' event. Predictably, the talk of the town was the Platform Work Directive (PWD), which may not be completely dead after all.The Belgian Presidency of the EU has put PWD on the agenda of the EPSCO Council on 11 March, a high-level meeting of member-states' which is usually a day for rubber stamping agreements that have been done well in advance. We are reliably informed that it is highly irregular for a Directive that the Council has rejected to go to EPSCO, but as there was no formal vote taken at the 16 February meeting it is doable.What exactly Belgium has planned to turn a No into a Yes is the subject of conjecture. Some sources say that the European Parliament side has been clear that it won't open up negotiations again with the Council, and that all Belgium can realistically do now is to try to convince Estonia and Greece to break with France and Germany, do a screeching u-turn and back the provisional agreement. What arguments (or incentives) could be used to change the minds of these states' is not clear. On the other hand, Thomas Göransson, Swedish trade union official and regular updater on PWD, has tweeted that France has signalled it's "readiness to tackle [PWD] head-on, pledging to collaborate on adjustments to the compromise text and essential clarifications". We have been told by one person in the know that the French Government is now saying that the problem with the provisional agreement is that it does not contain any criteria for triggering the presumption of employment. As a reminder, the latest provisional agreement left it up to each member-state to decide on criteria, after the criteria negotiated under the Spanish Presidency was rejected by the Council in December. If all this is somewhat bewildering to you, don't worry, you are not alone. That such a potentially significant regulation can be shrouded in mystery and confusion does not speak well of EU democracy. How platform workers are supposed to meaningfully engage in this 'process' is anyone's guess. No one we spoke to in Brussels was sure where this was now heading, and estimates over the chances of a deal ranged from 'a good chance' to 'highly unlikely'. In the public fora of the platform work conferences, there was greater clarity on offer. Ludovic Voet, confederal secretary of the European Trade Union Confederation (ETUC), was clear that the ETUC was not preparing to try to do this all over again following the European Parliamentary elections in June, where there will be a Hungarian Presidency and most likely a more unfavourable balance of power in the European Parliament among MEPs. Unions should instead look at "how to implement the best national strategy" to push for strong laws on employment status in the 23 member-states which did vote in favour of the provisional agreement last week. The best solution, he insisted, would be to pass the provisional agreement, stating: "If there is a way to unblock [PWD] it has to be done now."Leïla Chaibi, MEP of the Left group, which organised the Alternatives to Uberisation conference, did not seek to hide her disappointment, telling delegates: "We should have been celebrating a victory, but things haven’t gone the way we wanted." She said she had received messages from activists as far away as Ecuador and Columbia: "People are disappointed everywhere".Ben Ali Brahim, leader of the INV union which organises Uber drivers in France, who walked more than 110 kilometres from Lille to Brussels to attend the conference as a protest against the EU's failure to deliver platform workers' rights, told delegates that there should be "no more compromising". "I don't want to see any new version of the [PWD] text," he said.Many workers from across the continent and beyond (there was simultaneous translation in nine languages) shared their thoughts and the general feeling was one of pride in the campaign that had been fought but fear over what the future now holds for platform workers. This was perhaps best summed up by Leila Odh, a rider in Paris, who said straight-forwardly: "We can’t go on like this: we are working more and more, and earning less and less."The workers, who held an impromptu protest at the European Parliament at the end of the conference, pledged to establish an independent network which will meet at least annually from now on and co-ordinate actions across the continent against 'Uberisation'. If such a network can develop the cohesion and force of the platform workers' movement, that will be something to show from these years' of effort and organising, even if the PWD itself comes to nothing. With or without employment status, it will be workers' self-organisation which will ultimately be decisive in the fight against algorithmically-orchestrated precarity.
Ben Wray, Gig Economy Project co-ordinator
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Gig Economy news round-up |
- UK RIDERS TO STRIKE "EVERY FRIDAY AND BANK HOLIDAY": Riders demanding improved pay and conditions in the UK will keep striking until their demands are met, one of the organisers, Marcio Silva, said. The grassroots strikes organised via 'Delivery Job UK' social media accounts began on 2 February, with the latest taking place on Friday [23 February]. "Strikes will continue every Friday and bank holiday until they increase the money they pay the riders," Silva said. "At the moment, Uber pays a minimum of £2.80 and Deliveroo pays £3.15. We need a minimum of £5." Speaking ahead of Friday's strike, Silva said he expected 5,000 riders to take action in London, with actions taking place in Brighton, Liverpool, Oxford and Newcastle as well. The strikes, which target Deliveroo, Uber Eats, Just Eat and Stuart Delivery, have shutdown restaurants and 'dark kitchens', with customers complaining of not being able to make orders. Read more here.
- SPANISH COURT FINDS CABIFY DRIVERS ARE ILLEGALLY SUBCONTRACTED: A Valencian court has found that Cabify, a Spanish private hire platform, uses subcontractors illegally. The Valencian regional government's labour inspectorate sanctioned the company for illegal transfer of personnel to three sub-contractors, because it played the role of the "true employer". Cabify took the decision to court, which initially found in favour of Cabify in 2022, before the case went up to the Superior Court, with the judge deciding earlier this month to reinstate the €60,000 fine. Adrián Todolí, professor of Labour and Social Security Law at the University of Valencia, told 'El Diario' that the use of sub-contractors, which is prevalent throughout the ridehail platform sector in Spain, was a means to “escape from labour regulations”. Cabify have said they will now appeal the case to the Supreme Court, which could become a pivotal judgement for the future of sub-contracting in the private hire sector throughout the Spanish state. Todolí added that while the Spanish legal system was clear about the illegality of bogus self-employment, in the case of sub-contracting "the debate is more open". Read more here.
- GERMAN UNION CRITICISES LIBERAL FDP PARTY FOR PLATFORM WORK DIRECTIVE FAILURE: German union NGG has blamed the liberal FPD party for the failure of the German Government to support the EU Platform Work Directive. Germany was one of four member-states to form a blocking minority to stop the provisional agreement for platform work regulation from passing at a meeting on 16 February. Reports in the media have suggested that the FDP, which is the smallest party in the coalition government, refused to give its approval to Germany backing the Directive. The NGG organises food delivery couriers in Germany and its chairman, Guido Zeitler, said: "The EU Platform Directive would have put a stop to abusive working conditions and union busting in delivery services and other companies in the platform economy. For employees at Wolt or Ueber Eats, but also Lieferando, the law could have been an urgently needed step towards a better working world. Instead, the FDP has decided to once again be the party of standstill and blockade." Mark Baumeister, head of the hospitality department at NGG, added that the algorithmic management part of the Directive could also have helped with problems their members are facing with union-busting. "We keep hearing from our members at Lieferando, Wolt and Co. that the algorithm suddenly assigns them fewer orders if it becomes known that they are organising a union," he said. "Bonus payments are often linked to the number of orders completed. This puts livelihoods at risk." Read more here.
- 'FAIRWORK' SAYS EU IS "FAILING" ON PLATFORM WORK: Fairwork, the global academic-activist project which rates working conditions on digital labour platforms all over the world, has criticised the failure of the EU to agree on a Platform Work Directive. In a statement, Fairwork, which is based at the University of Oxford and the Berlin Social Science Centre, said that the provisional agreement for the Directive had "shortcomings" but would have "established key imperatives to improve working conditions for millions of platform workers in the EU." The statement, written by the Europe Working Group, goes on to add that their research, which extends across 38 countries and five continents, had found that "the platforms that operate in countries with stricter regulation on platform work...provide better working conditions." They added that the 16 February vote "sends a disheartening message for the future of platform work. It demonstrates that despite growing criticism from workers, activists and scholars, the EU is failing to address the many struggles and injustices that platform workers face." The Working Group goes on to make three proposals for what the EU can still do in lieu of legislation: multi-stakeholder dialogue, regulations at the national level, and investing in research on the platform economy.
- YEMEKSEPETI RIDERS PUBLISH REPORT ON RIDER DEATHS IN TURKEY: Food delivery couriers at Yemeksepeti, a food delivery platform in Turkey, have published a report highlighting the tragic loss of life of six of their colleagues in 2023. In total, at least 68 riders lost their lives in Turkey last year while working. The report details the circumstances of each of their colleagues' fatal accidents and the protests that they have organised in response to these deaths. The organisers of the report have conducted a survey with hundreds of their colleagues at Yemeksepeti, a brand of German multi-national Delivery Hero, asking them what are the major problems they have faced in 2023. The survey found that 86% believe the company misleads riders with its advertisements about earnings potential. Also, 73.9% of riders have been removed from a shift due to systematic errors with the algorithm for shift allocation. They are also unhappy about being paid on the basis of straight-line distances, rather than the real distance travelled. Finally, the riders believe Yemeksepeti have over-hired, making it hard for them to find sufficient work. "As Yemeksepeti delivery workers, we demand fair compensation for our labour and to work in humane conditions where occupational health and safety measures are strictly implemented," the report concludes.
Have we missed something important? You can help keep us informed by sending information to GEP@BraveNewEurope.com.
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Delivery Strike! Issue 2A detailed workers' assessment of the Valentine's day food delivery strike in the UK in 'Notes from Below'.
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- The WE-TRANSFORM final conference will be a hybrid event held in Brussels on 5 March. Click here for full details and to register.
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The Gig Economy Project is a media network for gig workers and we welcome contributions from workers, writers, academics, activists - anyone who wants to stand up for workers' rights in the gig economy.
If you would like to write for the site, discuss arranging an interview with GEP, or simply have information about developments in the gig economy in Europe you think we should be aware of, get in touch.
Contact project co-ordinator Ben Wray at GEP@BraveNewEurope.com or send a direct message to the Twitter: @project_gig.
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