I
.
M
ec
h
a
n
is
m
of
the
re
bu
tt
a
bl
e
p
re
s
u
mp
t
io
n
1) Can delegations agree with the mechanism of the rebuttable presumptions as laid out
above?
RO could support the mechanism of rebuttable presumption as presented by the CZ PCY in
the note.
II. Criteria triggering the presumption
The introduction of the presumption, as a political objective, was strongly supported
during discussions so a positioning on the options should take into account the optimal
way to balance the EU interest with the national one, as well as the results of an
assessment of the national implementation capacity.
Option A, as a consolidated version of the application of the presumption for all persons
and all digital platforms, may raise challenges related to the freedom of work, the
identification of the platforms that fall under the scope of the directive, as well as the
categories of persons and the state under which they perform work, with uncertain legal
effects and especially on the effective application.
Option B, based on the general approach of the directive, could respond to the objective
of harmonization pursued by the EU action, and by simplifying and improving the
mechanisms, it could allow a reconciliation of the interests of the parties involved.
Option C, preferable from the point of view of flexibility and margin of national
adaptation, autonomy of managing labour and labour relations, may be restrictive in
application for states that have not regulated a worker status, do not have databases on
platforms or expertise in platform control and/or do not have efficient administrative
and judicial systems.
In conclusion, we would prefer option B at this moment as a starting point and we are
open and flexible on amending the criteria concerned (no., treshold, consistence).
III. Technical remarks on chapters V and VI
Art. 14, art. 17 and art. 18 - correlated with the definition of "employee representatives"
in the directive - we consider that the provisions are not contrary to the national practice
that gives unions and employee representatives the right to defend and represent
employees before the courts, the administration and the employer, they benefit from
protection against adverse treatment and of the dismissal in the exercise of the mandate,
the right to represent the interests being also recognized to the representative
associations.
The application in practice could be hampered by the length of judicial proceedings and
the establishment of effective inter-institutional communication and with the platforms.
Str.Dem I Dobrescu, nr.2-4, Sector 1, București
1
Tel./Fax.: +4 021 312 13 17
xxx@xxxxxxx.xx
www.mmuncii.ro
Conform prevederilor Regulamentului (UE) 2016/679 al Parlamentului European şi al Consiliului din 27 aprilie 2016 privind protecţia persoanelor
fizice în ceea ce priveşte prelucrarea datelor cu caracter personal şi privind libera circulaţie a acestor date şi de abrogare a Directivei 95/46/CE
(Regulamentul general privind protecția datelor), informațiile referitoare la datele cu caracter personal cuprinse în acest document sunt confidențiale.
Acestea sunt destinate exclusiv persoanei/persoanelor menționate ca destinatar/destinatari și altor persoane autorizate să-l primească. Dacă ați primit
acest document în mod eronat, vă adresăm rugămintea de a returna documentul primit, expeditorului
Nesecret
Art. 19 – The article refers to inter-institutional cooperation, there being a correlation
with art. 21 para 3), which provides for the involvement of social partners in
implementation. Thus, we support the involvement of social partners in cooperation and
dialogue with the authorities to improve decisions.
Art. 20 - 22 - contain final standard provisions approved in the latest European
regulations that introduce the obligation of the states to involve the social partners and
to strengthen the social dialogue in the implementation of the directive, which can be
supported in line with the political commitments of the states.
Art. 21 para 3) - the completion of the provision with "other directly involved parties"
("key stakeholders") could be analyzed, as provided for in art. 22, in the case of
consultations carried out by the Commission, in order not to exclude from the dialogue
parties concerned in the application, such as the representatives of platforms without
employer status and not affiliated to social partner organizations.