When the platform is blind, this is a deliberate choice it makes. These include the fact that the platform is not necessarily blind to the reasons why a worker skips a slot. In a circular, CGIL underlines the most significant aspects of the Court’s ruling. The judge ruled completely in favour of CGIL’s position despite Deliveroo’s hastily modifying the algorithm few days ahead of the ruling. According to the complaint, Deliveroo’s algorithm, Frank, discriminated workers’ and restricted their access to working slots following absences for strike, or for health or care reasons. On 31 December 2020, the Court of Bologna ruled in favour of the complaint brought by CGIL’s Bologna sections of FILCAMS, NIDIL and FILT. Italy: The Court of Bologna condemns Deliveroo’s algorithm for discrimination Le Soir: Droit du travail: un chauffeur Uber requalifié en «salarié».Decision by the committee: Demande de qualification de la relation de travail.CSC United Freelancers now expects Uber to comply with this decision and employ the driver and calls on platforms to give their workers a status that mirrors their actual working conditions. The committee analysed the legal framework in which the Uber driver carries out his activities and stated that there are reasons to consider that both Uber and BPRA (the Belgian Platform Rider Association) are this driver’s employers. The Uber driver in question filed his complaint in July 2020 with the support of the CSC United Freelancers. (update: ) The Administrative committee on work relations issued a decision on an Uber driver’s working conditions, stating that they are incompatible with a self-employed status. “That’s why we urgently need the European Commission to bring forward an initiative that will finally put an end in every member state to the abuse of workers by platforms through false self-employment.”īelgium: Conditions fixed by Uber incompatible with self-employed status “While these judgements create important legal precedent, they only deliver justice for individuals or small groups of workers and leave companies at liberty to continue exploiting millions more. “National courts and governments consistently find that platform companies are flouting the rights of workers to proper pay and working conditions. Italy: 31/12/20 Court of Bologna ruled in favour of the complaint about the fact that Deliveroo’s algorithm, Frank, discriminated workers’ and restricted their access to working slots following absences for strike, or for health or care reasons.ĮTUC Confederal Secretary Ludovic Voet said:.Belgium: 13/01/21 - The Belgian government’s administrative committee on work relations issued a decision on an Uber driver’s working conditions, stating that they are incompatible with a self-employed status.Spain: 12/01/21 - Deliveroo is to pay 1.3 million euros in social contributions following a Barcelona Court ruling establishing that 748 Deliveroo’s riders are false self-employed.The European Commission is scheduled to launch a consultation on “improving the working conditions of platform workers” on February 24 but these decisions show why workers need action not merely more talk: Three rulings in three countries on the rights of delivery riders shows why EU action is needed to end the scandal of platforms not accepting their responsibilities as employers.Ī court in Spain found over 700 Deliveroo workers were falsely self-employed, an Italian court found the platform discriminated against riders who take sick leave and the Belgian government found Uber’s working conditions were incompatible with self-employment.
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