Dies ist eine HTML Version eines Anhanges der Informationsfreiheitsanfrage 'Platform workers - DG CNECT and Commissioner Vestager'.


From:
 (HR)
To:
Cc:
; STENGG Werner (CAB-VESTAGER); DYRSKJOT Mette (CAB-VESTAGER)
Subject:
RE: Platform Work Directive
Date:
mercredi 24 novembre 2021 11:49:36
Attachments:
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Dear 
,
Please be aware that I just sent the WebEx link.
Also, I would like to mention that, for transparency purposes, this meeting will be declared in the
Transparency Register of the European Commission. The Cabinet does not intend to communicate actively
on the content of this meeting. However, in line with Regulation (EC) No 1049/2001, minutes can be made
accessible to the public upon request (without any disclosure of protected interests).
I am at your disposal should you have any questions.
With kind regards,
European Commission
B-1049 Brussels/Belgium
@ec.europa.eu
From: 
@etuc.org> 
Sent: Wednesday, November 24, 2021 11:22 AM
To: DYRSKJOT Mette (CAB-VESTAGER) 
@ec.europa.eu>
Cc: 
@etuc.org>; STENGG Werner (CAB-VESTAGER)
@ec.europa.eu>; 
 (HR) 
@ec.europa.eu>
Subject: RE: Platform Work Directive
Yes for sure,
It will be 
 (who read us in copy), our advisor on platform work, and myself.
Thanks
From: DYRSKJOT Mette 
@ec.europa.eu> 
Sent: Wednesday, November 24, 2021 11:19 AM
To: 
@etuc.org>
Cc: 
@etuc.org>; 
@ETUC.ORG>; STENGG Werner
@ec.europa.eu>; 
@ec.europa.eu>
Subject: Re: Platform Work Directive
Thanks, could you please let us know who will participate in the call? And send all emails so 
 can
set up the Webex?
Best regards
Mette
From: 
@etuc.org>
Date: Wednesday, 24 November 2021 at 10:50:58
To: "DYRSKJOT Mette (CAB-VESTAGER)" 
@ec.europa.eu>
Cc: 
@etuc.org>, "
@ETUC.ORG>, "STENGG Werner
(CAB-VESTAGER)" 
@ec.europa.eu>,
 (HR)" 
@ec.europa.eu>
Subject: RE: Platform Work Directive
Dear Mette,



Very good.
See you tomorrow.
Thanks
From: DYRSKJOT Mette 
@ec.europa.eu> 
Sent: Wednesday, November 24, 2021 10:25 AM
To: 
@etuc.org>
Cc: 
@etuc.org>; 
@ETUC.ORG>; STENGG Werner
@ec.europa.eu>; 
@ec.europa.eu>
Subject: RE: Platform Work Directive
Dear
Our digital expert, Werner Stengg, and myself are available for a call tomorrow, Thursday 25 November
16:30. I loop in also our assistant, 
 who can help setting up a Webex meeting.
Kind regards,
Mette
Mette Dyrskjot
Cabinet of Executive Vice-President Margrethe Vestager
European Commission
200, Rue de la Loi
B-1049 Brussels/Belgium
 (phone)
 (mobile)
From: 
@etuc.org> 
Sent: Tuesday, November 23, 2021 9:36 PM
To: 
@ETUC.ORG>
Cc: BERNAERTS Inge (COMP) 
@ec.europa.eu>; 
@etuc.org>; DYRSKJOT Mette (CAB-VESTAGER) 
@ec.europa.eu>
Subject: Re: Platform Work Directive
Thanks a lot,
I’m available tomorrow between 12 and 14 or Thursday after 11 if one of these moments
suits.
Kind regards
European Trade Union Confederation
Confédération Européenne des Syndicats
Bld du Roi Albert II, 5, B - 1210 Brussels 
Tel: 
www.etuc.org 


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Le 23 nov. 2021 à 20:45, 
@etuc.org> a écrit :

Thank you very much Inge, very much appreciated.
Ms Dyrskjot, if OK for you my colleague 
in charge of the file will contact you to check about your availability for a
meeting.
Thank you very much, all the best
Da: BERNAERTS Inge 
@ec.europa.eu>
Inviato: Martedì 23 Novembre 2021, 19:25
A: 
Cc: 
 DYRSKJOT
Mette
Oggetto: RE: Platform Work Directive
Dear 
All is well at my end – I hope you are doing well too.
The most efficient way forward is probably for you and your colleagues to set out
your views on the proposal for a Directive on Platform Work directly to the
responsible member of EVP Vestager’s cabinet, Ms Mette Dyrskjot. I have reached
out to Ms Dyrskjot (and put her also in Cc on this mail), who will be expecting your
availabilities to set up a call.
Best wishes,
Inge
From: 
@ETUC.ORG> 
Sent: Tuesday, November 23, 2021 2:21 PM
To: BERNAERTS Inge (COMP) 
@ec.europa.eu>
Cc: 
@etuc.org>; 
@etuc.org>;
@etuc.org>
Subject: Platform Work Directive
Dear Inge,
I hope you’re doing well.
I’m reaching out to you about the ongoing internal evaluation process in the
Commission before the publication of the proposal for a Directive on
Platform Work.
Since the EVP Cabinet will be involved in this, I would like to take the
opportunity to draw your attention to some elements which are very
important for the ETUC.
I would really appreciate if we could have the opportunity for a more in-
depth discussion with you and/or your colleagues in charge on the oncoming
days before the publication (and to this end, I put my colleagues in charge in
cc).
Thank you very much, all the best
On December 8th, the European Commission will present its

legislative initiative on improving the working conditions of platform
workers.
ETUC calls on the Commission to propose an ambitious Directive
based on Article 153(2) TFEU that provides for a rebuttable
presumption of employment relationship where the burden of proof
should be borne by the platform company. The presumption should
therefore apply to the party that largely determines the terms and
conditions of the working relationship.
To guide the activation of this presumption of employment
relationship, criteria based on ECJ decisions or the California
Assembly Bill 5 can useful to get hints of possible exercise of
employer’s prerogative. However, creating burdensome procedures
for this activation, such as the requirement of more than one criterion
to be met for the activation of the presumption, would be a move in
the bad direction to protect workers in digital labour platforms.
Court rulings across Europe have resulted in the reclassification of
workers through platforms as employees. It is very likely that these
cases would have fallen outside the presumption of employment
relationship if this were to be activated in a narrowed way.
Whereas meeting one criterion out of a list of conditions could guide
the implementation at national level of the upcoming initiative,
establishing burdensome criteria to activate the presumption of
employment relationship would make the reversal of the burden of
proof useless and would add one new layer of complexity into the
system which would be detrimental to the most vulnerable in the
labour relationship: workers.
It should be again reminded that a presumption of employment
relationship with a reversal of the burden of proof will not affect the
business model of platform companies operating with genuine self-
employed workers. Digital labour platform companies will be entitled
to rebut the existence of an employment relationship.
A narrowed approach in the presumption of employment relationship
would allow platform companies to fall through the cracks and pre-
empt the reversal of burden of proof which should be based on the
facts of the working relationship. It would empty of its content this
much-needed rebuttal mechanism.
The inoperability of the reversal of the burden of proof would mean
the proposal of a (very limited) European presumption of employment
relationship without rebut. It should be reminded that the report of the
European Parliament “on fair working conditions, rights and social
protection for platform workers – new forms of employment linked to
digital development”, as well as the European Trade Union
Confederation, called on for the establishment of a rebuttable
presumption of employment relationship.
The shift in the burden of proof completes the employment
presumption and provides for an effective protection of workers in
platform companies, with specific reference to those in a vulnerable
situation and who are less likely to undertake legal action to challenge
their employment status. A rebuttable presumption of employment
presumption does not mean that all workers will be considered as
employees. The reversal of burden of the proof shifts the weight of
the burden of proof from the most vulnerable in the labour relationship
(the worker) to the most able to prove the opposite (the company).
ETUC therefore calls on the European Commission not to establish a
mechanism to activate the rebuttable presumption of employment
relationship based on burdensome criteria (like the existence of more
than one criterion). This would not be respectful of Member States
competences in the definition of a worker.

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European Trade Union Confederation
Confédération Européenne des Syndicats
Bld du Roi Albert II, 5, B - 1210 Brussels 
Tel: 
www.etuc.org
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