In the most recent version of the proposal on working on digital platforms, such as Uber or Glovo, the PS proposes that it be assumed from the outset that, when there are some indications in the employment relationship, the messengers or drivers have a dependency relationship. with the platform company itself, not with the intermediary. This does not necessarily exempt the intermediary, a figure that stands between the platform and the worker, from responsibility, but it gives the court the last word to decide who the employer is.
The Socialists’ proposal provides for various work signals that indicate when a self-employed worker is, after all, dependent, such as fixing the remuneration or monitoring by electronic means or algorithmic management. For the existence of an employment contract to be presumed, “some” characteristics must be verified (it does not specify how many). But if the previous version supported that this link was recognized between the worker and the intermediary either between worker and platform, the new wording, clarifies that, from the outset, the link is with the platform. But the latter can, if he wishes, claim that the worker is independent (as was already provided for in the proposal) or that he works for the intermediary. In the latter case, it will be up to the court to decide who is the employer.
EU ministers reject the Czech Presidency’s proposal on work on digital platforms. Portugal voted against
According to the text, the presumption of operability can be challenged “that is, if the digital platform proves that the provider of the activity works with effective autonomy, without being subject to the control, power of direction and disciplinary power of those who hire it,” it says Yes.
In addition, the “digital platform can also claim that the activity is provided before a natural or legal person that acts as an intermediary of the digital platform make the services available through the respective workers”. In this case, or “if the provider of the activity claims to be a subordinate worker of the intermediary”, “it also applies, with the necessary adaptations, the presumption of the existence of a contract, it is up to the court to determine who is the employer????????
The new proposal of the PS maintains the intention that the digital platform take charge of the credits, that is, of the salaries, which the intermediary does not pay.
On Wednesday, in Parliament, Fernando José, a PS representative, asked that the proposal have a “broad consensus” from the other parliamentary groups. A day earlier, on Tuesday, the Prime Minister, António Costa, had admitted that it would be necessary to “strengthen the protection of this type of works” given the proposal that already existed.
Source: Observadora
