The parties signed a Memorandum of Understanding, agreeing to start a social dialogue on several issues, such as collective bargaining, trade union representation, health and safety, working conditions, social protection, and litigation management. It confirms the commitment of both parties to open roundtable discussions and to collaborate on measures to benefit drivers and couriers and it is the first time that a dialogue between a platform company and trade unions takes place at a global level. 

Uber had already signed on 26 May 2021 a collective bargaining agreement with the trade union GMB in the UK, starting a negotiation on issues such as pensions and workplace safety.

The MOU signed with ITF also follows recent regulatory developments around the world, including the proposal for a directive put forward by the European Commission last December, which has rekindled the debate on the issue of the classification of riders and the presumption of subordination it contains.

Within the package of proposals, there is also a draft of Guidelines about collective agreements regarding the working conditions of solo self-employed people, on the assumption that competition law does not stand in the way of collective agreements to improve the working conditions of certain self-employed workers, describing the circumstances in which lone self-employed workers are comparable to workers.

According to the Commission, with the evolution of labour markets, both in the online and offline world, some self-employed workers do not enjoy the independence that normally comes with self-employed status. As a result, some may find it difficult to improve their situation and may face deteriorating working conditions, including lower income.

The draft guidelines are linked to the proposal to improve working conditions on work platforms, supporting the sustainable growth of digital work platforms in the EU.

Case law decisions on the subject are diversified (an in-depth discussion of these issues can be found in our November 2021 edition) and legislation  at European level would have a considerable impact on this debated issue, whichto date, the social partners have expressly excluded from the negotiating table.

As we reported, social partners reached a collective agreement for platform workers also in Spain, demonstrating that the issue is extremely sensitive and global.