As we previously reported, on 12 June 2023, the EU Council agreed on the proposal for a Directive on improving the working conditions in platform work. The proposal introduces two key improvements: it supports determining the correct employment status of digital platform workers. It establishes the first EU rules on using artificial intelligence in the workplace.

From the outset, the functioning of the legal presumption has provoked extensive discussions and disagreements among the member states.

After almost two years of negotiations, the representatives of the leading EU institutions reached a provisional agreement on 13 December 2023.

On 22 December, however, 12 member states, including the Baltics, Bulgaria, Czech Republic, Finland, France, Greece, Hungary, Ireland, Italy, and Sweden, formally said no to the deal, considered having moved too far  from the Council’s version of the directive.

The Spanish Presidency concluded that the necessary majority among member states’ representatives could not be reached and opted not to hold a vote. Member states in favour represent only about 38 per cent of the EU population (whereas the proposal needs to be supported by 55 per cent of Member States representing at least 65 per cent of the total EU population).

The Belgian EU Council Presidency is committed to reaching an agreement before the European Parliament elections in June using the provisional text as a basis for further negotiations and asked delegates to share their thoughts on key unresolved issues, including the criteria for triggering a legal presumption, derogations, the discretion of national authorities in case of misclassification, and the effects of reclassification decisions.