This legislation aims to rectify the misclassification of ‘self-employed’ workers, ensuring they receive rightful employment benefits. The Belgian presidency’s compromise proposal played a crucial role in bridging differences, reflecting major concessions to address concerns raised by 14 member states.
This law, described as a “text of the last chance” by Belgian Minister David Clarinval, underscores a collective effort to prioritize workers’ best interests within the digital platform economy.
The newly approved directive, subject to formal adoption steps, grants member states a two-year window to integrate these changes into national laws. A key feature includes a legal presumption of employment, triggered by evidence of control and direction, enabling workers or their representatives to challenge their classification.
This approach shifts the burden of proof to platforms, compelling them to justify the non-employment status of their workers.
Additionally, the regulation mandates transparency regarding the use of automated tracking and decision-making systems affecting hiring, work conditions, and pay.
It restricts the processing of certain personal data by such systems, ensuring human oversight and review of automated decisions, thus reinforcing workers’ rights in the burgeoning digital labor market.
