6 April 2022 Cabinet Minutes

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The Minister of Ecological Transition and the Minister of Labour, Employment and Integration presented a decree that strengthens the autonomy of the self-employed in mobility platforms, organizes the social dialogue in the sector and completes the duties of the ‘Employment platform social relations authority’.

These rules complement the system that aims to regulate sectoral social dialogue among freelancers who use these platforms for their activities, by providing the means of representation of these platforms, by defining the rules of negotiation within each sector. Missions of Employment Platforms Social Relations Institution. It also reinforces the obligations undertaken on mobility platforms with regard to the self-employed who use them, in order to strengthen their autonomy in carrying out their activities.

This Regulation has been prepared on the basis of Article 2 of the Law No. 2022-139 of 7 February 2022, which approved the Decree-Law dated 21 April 2021 and numbered 2021-484. platforms and the conditions for using this representation and empowering the Government to supplement the rules governing social dialogue with platforms by regulation.

First, this text complements the legal structure that allows a social dialogue to be structured at the level of two activity sectors: activities of using a means of transport with a driver (VTC) and activities of delivering goods by bicycle or bicycle. scooter representing approximately 100,000 self-employed workers.

The regulation thus determines the terms of representation of platform organizations at each level of the activity sectors. Beyond the traditional criteria of representation (respect for republican values, independence, financial transparency, seniority, influence), the regulation combines the majority criterion to introduce an estimated minimum audience – this is the total amount of worker operating income generated by the platforms to which it belongs. it relates to candidate organizations – and a minority criterion – the number of workers. For this first cycle of measuring representativeness, a list of representative platform organizations should be prepared by 31 October 2022 at the latest, in order for social dialogue to begin with the start of the academic year and to enable elections. To appoint organizations representing workers that will take place in May.

Social dialogue rules are also stated.

A negotiation committee has been established to allow the negotiation of sectoral agreements. Representative organizations may, under certain conditions, seek EPRA-funded expertise to support them in negotiating agreements.

In addition, a sectoral agreement will only be valid if signed by workers’ organizations representing more than 30% of the votes cast, without opposition from organizations representing the majority of platform workers.

Valid contracts can be made binding for all platforms and all freelancers in the relevant industry with EPRA approval. However, agreements that are opposed by platform organizations with a weight of more than 50% cannot be approved. In addition, the EPRA may refuse to grant approval for reasons of general interest, such as excessive interference with the principle of free competition.

The Regulation provides for the obligation to participate in sectoral negotiations on one of the four pre-determined main themes with a list, in order to encourage the conclusion of agreements on issues of particular importance to workers and platforms, eg methods for identifying workers. income, conditions for carrying out a professional activity, prevention of occupational risks and even methods of developing professional skills.

Finally, the regulation also provides for the EPRA to act as a mediator in disputes between a platform and one or more workers regarding the enforcement of industry agreements.

Secondly, the regulation complements the existing legal framework to strengthen the autonomy of mobility platform workers in carrying out their activities. For this purpose, it includes new obligations on the platforms regarding the employees who use the platforms.

The regulation therefore provides for an obligation to notify the destination of services rendered and to give workers a reasonable time to choose whether to accept them.

It also reinforces the independence of workers in the following points:

  • prohibit the use of certain materials or equipment on platforms, in particular when required by health, safety and environmental regulations;
  • recalls the principle of non-exclusivity of the commercial relationship by allowing employees to use several intermediary agents at the same time and allowing them to market their services without an intermediary;
  • In particular, it ensures that they can freely choose their route in relation to traffic conditions, the route suggested by the platform and, where appropriate, the customer’s choice.

The exercise of these rights shall not be the subject of any measure penalizing workers, and in particular shall not lead to the suspension or termination of their commercial contracts.

The regulation therefore represents a major step forward in building a framework that allows for the development of sectoral social dialogue, which will make it possible to strengthen the social rights of platform workers while promoting the development of these new forms of activity.