‘Protecting gig economy workers in the EU: A labour and social law perspective'’ in Ness, I., The Routledge Handbook of the gig economy, (Routledge, 2022) - Ane Aranguiz
Because they do not fit in the traditional parameters of employment, there remain huge discrepancies in the EU as to how to categorize gig economy workers. While some actors claim that they ought to be considered workers, others defend that they are self-employed. Some argue instead that a third category should be created. How gig economy workers are classified has an enormous impact regarding their wages, working conditions, access to social protection and collective rights. Slowly but surely, the EU has acknowledged this increasing challenge and new initiatives are either directly or indirectly addressing the increasing job polarization and the upturn of non-standard forms of employment. This chapter provides an assessment of gig economy workers within EU law, focusing on the range of labourers and the growth of precarious wages and working conditions and how this is being dealt with at the EU level. In particular, the chapter looks into access to social protection, minimum wages, the plans of the Commission to launch a legislative initiative to improve the working conditions of platform workers and the consultation on amending competition to allow (part of) the self-employed to negotiate collective agreements. The chapter analyses to what extent the current framework of the EU and the recent initiatives can effectively ensure that gig economy workers are sufficiently protected and that the welfare and labour structures are fit for purpose.