Representation of delivery men and VTC drivers under review at the Assembly

From this Tuesday, September 21, the Social Affairs Committee of the National Assembly examines a bill aimed at ensuring better representation of platform workers, in particular VTC drivers and Uber or Deliveroo deliverers, i.e. around 100,000 people .

Ratifying a government ordinance, the text aims to organize between self-employed workers and platforms a social dialogue similar to that existing between unions and employers in professional branches.

→ ANALYSIS. Delivery and VTC drivers soon represented in front of the platforms

“This bill gives concrete expression to our desire to secure relations between workers and platforms, without calling into question the flexibility provided by their self-employed status”, explains Carole Grandjean (LREM, Meurthe-et-Moselle), rapporteur of the bill before the social affairs committee.

Establishment of a social dialogue

“Social dialogue is a key to securing the rights of self-employed workers, while ensuring their autonomy and their power to influence the conditions of professional practice”, she explains.

The project provides in particular for the creation of the Authority for Social Relations of Employment Platforms (Arpe) responsible for setting up this dialogue between the self-employed and their employers by organizing, in 2022, elections to measure the representativeness of unions but also associations under the 1901 law which will collect 5% of the votes cast.

The representation of these workers poses a thorny legal problem. Theoretically, recalls the Council of State in its opinion on the bill, European law prohibits agreements between companies, to which the self-employed can be assimilated.

A proposal from the European Commission “at the end of the year”

It notes, however, that the European Commission has launched an initiative on the subject this year and concludes that “Union law does not stand in the way” upon ratification of the ordinance.

“At European level, we need a little clarity in this area”, however explained Friday, September 17 to the Association of Social Information Journalists (Ajis) the European Commissioner for Social Affairs Nicolas Schmit, believing that“We must give workers platforms rights in terms of health, unemployment insurance, pensions, representation and negotiations”.

“The platforms operate on the basis of algorithms to which the self-employed are subjected without really having recourse: therefore, a framework is needed. France is moving in this direction ”, welcomed the Luxembourg Commissioner, announcing that the Commission will ” at the end of the year “ a proposal based on developments in the different countries.

The bill examined from this Tuesday in the Assembly provides that future European legislation can be incorporated directly into French law.

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