Thread by @Theo_BGonse

1/16 A lot happened on the #PlatformWork directive, currently under negotiations at the @Europarl_EN and the @EUCouncil, in the past few weeks. Thought I’d put a little 🧵 together to outline key developments in the Council ahead of tomorrow’s COREPER, and what happens next⤵️

@Europarl_EN @EUCouncil 2/16 #COREPER, a meeting of all Ambassadors to the 🇪🇺, said no last Wednesday (23 Nov) to a compromise text the 🇨🇿 Presidency put together after months of negotiations. Not the end of the 🌍 but a diplomatic setback, which speaks to the sensitivity of the file

3/16 Bear in mind the 🇨🇿 do not welcome the @EU_Commission's proposal to start with. Efforts so far have been to accommodate for the more pro-platform MS of the lot, inc Eastern and Central European states. But this has irked other countries which want a more ambitious directive

4/16 “The 🇨🇿 thought they had the vote of the pro-worker countries [of the likes of 🇪🇸, 🇳🇱, 🇲🇹, etc], on a ‘better any directive than none’”, a diplomatic source told me. But it looks like that’s backfired, and these countries are now ready to vote the whole thing down.

5/16 One issue outshines all: the conditions under which the legal presumption can be triggered (Art 4.1). Under the initial COM proposal, 5 criteria were there to help determine if there is a genuine employer-employee relationship. If a worker met 2, the presumption is triggered

6/16 Under the 🇨🇿 presidency, the bar was brought up to 3/7 criteria. Seems minor but it isn't, because the wording of each criteria was also made 'tighter'. The COM proposal was decried by some to lead to mass reclassification of workers – the new compromise is a rebalancing act

7/16 The suspensive effect clause (Art 4a.5) also had delegations going. The idea is simple: once the presumption is triggered by a worker, platforms are free to say "we don’t agree, this worker is actually genuinely self-employed” and can start rebuttal proceedings

8/16 The clause ensures that while rebuttal proceedings are ongoing, the worker continues to be deemed employed. Otherwise, platforms (so the COM’s argument goes) could make the rebuttal process long and tiring – while the worker continues to be self-employed. Unfair, COM thought

9/16 This is *NOT* to the taste of many MS, who have made it clear this was national competence only. As such, the latest iteration of the compromise tamed the wording. It is now up to MS to decide that the suspensive effect clause applies. I’m expecting COM to be v annoyed w/ it

10/16 One final change that is worth looking at is a new article (Art. 20a) the Czechs surreptitiously added at the last minute. It states that a collective agreement, if found among social partners (at national level) can stray from some of the provisions of the directive

11/16 Arguably a win for platforms, who are turning to collective agreements left right & centre (see negotiations in 🇫🇷, 🇫🇮 and 🇬🇧). But COM expressed concerns that this would lead to legal uncertainty, and that agreements may stray from #GDPR obligations, which is a no-go

12/16 The Czechs seem to have taken that on board and have tamed the article’s wording quite extensively. This should relieve some of COM’s most pressing concerns, I would think

13/16 Where to from here? We’re nearing a consensus at COREPER, ahead of a ministerial vote on 8 Dec. W/ 🇨🇿's latest changes, the consensus is veering towards a pro-platform directive. I think the more pro-worker MS will fall short of a blocking minority

*BUT* caps intended

14/16 One massive unknown remains: what’s happening with Germany and Italy? The former has remained silent over their official position. The latter supported an ambitious, pro-worker take until recently, but government changes seem to have blurred their position

15/16 This can easily sway the final outcome. Germany or Italy abstaining at ministerial + a set of countries voting against the file on grounds that it should be more protective will be enough for the file to be voted down. Thus, all eyes will be on Germany at tomorrow’s COREPER

16/16 *Key dates*:
➡️ COREPER on 30 Nov
➡️ EPSCO (ministerial) on 8 Dec
➡️ EP EMPL committee vote on 12 Dec
➡️ EP plenary vote sometime in Jan

/END