The EU regulation regarding Volt drivers has now moved forward – the company must prove that it is not in a courier employment relationship in the future | principle

The purpose of this order is to improve the working conditions of platform workers. According to the Ministry of Labor and Economy, this will bring many new rules of the game for platform work.

The EU estimates that a fifth of those working on sites are misclassified as entrepreneurs. Photo: Pao Jantunen / Yell

The rules of the game for Volt and Uber drivers and other platform workers are becoming clearer. On Monday, EU labor and social affairs ministers reached an agreement on the long-awaited platform work directive.

The EU Parliament is due to vote on the directive next month. After that, member states have two years to implement it.

For example, whether platform workers are self-employed entrepreneurs or employees of platform companies has been debated for years.

The issue is not only at the EU level, but is also threaded within Finland. In Finland, at least the status of Volt's ambassadors has been twisted through the courts.

In late February, the Hameenlinna Administrative Court ruled that the Volt senders were entrepreneurs, not employees. It concerns the decision of the administrative court of the decision made by the regional administrative agency, against which Volt appealed.

Employment created in Finnish law

Even in the EU, the matter has been debated for a long time. In 2021, the Commission proposed that the Directive would use certain criteria to determine whether a platform company is an employer or not.

However, this does not apply to all EU countries, and the directive now leaves the definition of the employment relationship to the national law of the member states.

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New legislation from Finland is needed for the directive to take effect, including creating a so-called presumption of employment, a leading expert says. Ellie Niminen From Ministry of Labor and Economy.

Based on the employment relationship assumption, the relationship between the platform and the person performing the work on the platform is considered an employment relationship, in which case the person working on the platform easily falls within the scope of benefits and rights. It belongs to the employee, for example specified in the labor law and the collective agreement, says Nieminen.

– If the digital platform wants to overturn it, it can try to claim that it does not have an employment relationship, as defined in national law.

Next year, more than 40 million people will already be working on the platform

The number of people doing platform jobs is growing fast, and the Union estimates that it will reach 43 million in the entire EU next year. More than half of them carry food, goods or people. In addition, the sites offer a variety of services such as accounting, graphic design, cleaning and babysitting.

According to the Reuters news agency, Uber, which provides taxi rides, estimates that the situation will not change in any direction from the company's point of view. However, according to Elli Nieminen of the Ministry of Labor and Economic Affairs, the directive brings many new rules into the platform.

In addition to the presumption of an employment relationship, the directive specifies what kind of information a platform company can use about platform workers as an aid to so-called algorithmic management.

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For example, sensitive, personal information should not be processed by an automated monitoring and decision-making system, and a food courier should not be monitored when the floor is not working, Nieminen says.

The directive also defines what information the platform company must provide to the authorities about the people working on the platform.

Are the Volt's drivers entrepreneurs? “It would be better if the matter goes to court.”

Ykkösaamu 3 November 2021: Are Volt's drivers entrepreneurs? “It would be better if the matter goes to court.”

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