The 27 member countries of the European Union have officially approved legislation that strengthens the rights of workers on digital platforms such as Uber or Deliveroo.

The text provides for the recognition of many individuals, who currently work under independent status as drivers or couriers (delivery), as employees.

However, the manner in which this will be implemented remains unclear and depends on national regulations, even though the text was intended to create a harmonized European framework.

The directive can now be put into effect after its publication in the Official Journal of the EU. Member states have two years to incorporate it into their legislation, explained the EU Council.

The text was ratified by a significant majority of the European Parliament at the end of April, following a political agreement reached with great difficulty in early March between negotiators from member countries and the European Parliament, against a backdrop of intense behind-the-scenes lobbying by interested companies.

The European Commission estimates that "at least 5.5 million" out of nearly 30 million platform workers are registered as independent and are thus unfairly deprived of the social benefits of salaried employment.

Initially, the text proposed at the end of 2021 by the Commission created a presumption of salaried employment based on unified objective criteria at the EU level: the fact that a platform sets payment levels, remotely supervises the provision of services, does not allow its employees to choose their working hours or refuse assignments, requires them to wear uniforms, or even prohibits them from working for other companies.

However, the directive that was ultimately adopted retracts this list, giving member states considerable autonomy.

A "fair presumption" of employment must be introduced into each of the 27 legal systems of the member countries.

It will be triggered when facts indicate "control" of workers by the company. However, these facts will be established "according to national law and national collective agreements, taking into account EU case law."

The text will, however, allow platform workers to challenge their employment status by invoking this "presumption," and the burden of proof will fall on the employers.