欧盟喊话“零工经济”公司:你们要谈判还是要(2)
欧盟范围内的立法将整合现在支离破碎的监管情形,因为现在各个国家立场不一。例如,许多欧盟成员国仍把在平台上提供服务的人归为合同工,但西班牙与荷兰正考虑出台法规,认定这些从业者是平台的雇员。
就谁有定价权、提供服务的人能不能拿到最低工资等收入方面的问题,委员会也注意到了一些小的进展。欧盟国家大多数的动议都是由成立集体组织这样自下而上的运动推动的,瑞典、德国等国的工会也开始接受零工。
“在数字转型的过程中,我们不能对欧洲社会模式的基本原则视而不见,”就业专员尼古拉斯·施密特说道。“我们应该充分发掘岗位创造上的潜力,辅以数字化工作平台,同时保障从业者们的尊严,尊重和保护他们。对于在欧盟就通过网络平台提供服务出台一个公平的方案,劳资双方对此的看法将是关键。”
值得注意的是,优步已经在就这个话题游说欧盟的立法者们。上周早些时候,优步发表了一份白皮书,呼吁采取像加州那样的监管方法。加州去年十一月通过公民表决,巩固了优步、来福车司机作为独立合同工的地位。
然而,这种说法几天后就被英国最高法院驳回,法院一致裁定优步司机实际上是雇员而非独立合同工,因此应该享受最低工资和带薪年假。
此判决认定优步牢牢掌控着车费、工作弹性以及工作环境中的其它因素,从而让它的司机丧失了独立性。虽然英国已经不再是欧盟的一员,但这个判决必将在英吉利海峡间回响。(财富中文网)
译者:李洙扬
Europe’s lawmakers have a message for “gig-economy” companies—get negotiating with unions and other workers’ representatives, or face new EU-wide legislation.
On Wednesday, the European Commission launched an initial consultation on improving working conditions for people who provide services through digital platforms such as Uber and Deliveroo. It said the COVID-19 pandemic had highlighted both the value of such services and the “vulnerable situation” of those offering them, putting the health and safety of delivery people, for instance, at risk.
This six-week consultation is meant for what the Commission calls “social partners,” or representatives of labor and management. The EU’s executive body would like these representatives to offer their views on the “need and direction” of possible EU legislation.
If these social partners don’t then start negotiations among themselves on issues such as employment status, benefits, and automated management, the Commission will consult with them again on the content of a new law. And if that doesn’t get them to the table, the Commission will formally propose the law by the end of the year.
“The digital age opens up great opportunities for businesses, consumers, and citizens. Platforms can help people to find new jobs and explore new business ideas,” said Margrethe Vestager, the Commission’s digital chief, in a statement. “At the same time we must ensure that our European values are well integrated in the digital economy. We need to make sure that these new forms of work remain sustainable and fair.”
Millions affected
Around 11% of the EU’s workforce—so, 24 million people—is estimated to have provided services through digital platforms at least once. Of those, 3 million do so for their primary source of income, 9 million for their secondary source, and nearly 7 million as an occasional income source.
An EU-wide law could simplify what is currently a very fragmented regulatory situation, with different countries taking different stances. For example, many EU member states continue to classify platform workers as contractors, but Spain and the Netherlands are considering introducing rules that would assume a platform worker is employed by the platform.
On the issue of earnings—who gets to set rates, and whether workers get the minimum wage—the Commission noted that little progress was being made, and that most initiatives in EU countries were the result of bottom-up activism such as the establishment of collectives, and unions starting to accept gig workers in countries such as Sweden and Germany.
“In the midst of the digital transition, we cannot lose sight of the basic principles of our European social model,” said Employment Commissioner Nicolas Schmit. “We should make the most of the job-creating potential that comes with digital labor platforms, while ensuring dignity, respect, and protection for the people that work through them. Social partners’ views on this will be key in finding a balanced initiative for platform work in the EU.”
Uber, notably, has already tried to lobby EU legislators on the topic. Early last week, it released a white paper arguing for a similar regulatory approach to that taken in California, where voters last November backed a ballot initiative cementing independent contractor status for Uber’s and Lyft’s drivers.