According to the French Constitution, the Government may ask the Parliament for authorization to take measures by ordinance, for a limited period of time, which are normally in the domain of the law.

In this context, the Government has presented an executive order providing for representation rights of platform workers.

The text of the executive Order covers two essential points:

Article 1

It ratifies Order No. 2021-484 of 21 April 2021, aiming to develop collective bargaining and establishing the representativeness for platform workers in France. It provides for an organisation of social dialogue at two levels (Sectors VTC services/delivery and platforms) and sets rules regarding:

-  the measurement of the representativeness of platform workers' organisations;

-  the organisation into professional associations;

- negotiation topics to choose from (conditions of activity, information sharing, prices, working conditions, development of skills, monitoring of activity, settlement of disputes);

- financing of social dialogue by the platforms (compensation of elected workers, training).

- it also creates the Employment Platforms Social Relations Authority (Autorité des relations sociales des plateformes d’emploi, ARPE), responsible for organising the ballot (every four years), playing the role of control authority and also observatory of the activity.

Article 2

It empowers the Government to take the necessary measures by ordinance to organise social dialogue between these representatives and those of the platforms and strengthen the obligations applicable to mobility platforms in favour of the autonomy of self-employed workers.

After examination by the National Assembly, the Senate has examined the text and has adopted amendments to it, aiming to:

- provide for a right of option for platform workers who meet the conditions for being voters in several sectors of activity;

- delete the provisions that gave the Employment Platforms Social Relations Authority (ARPE) a mediation and expertise role;

- reduce from twelve to six months the duration of the Government's authorisation to supplement by ordinance the rules organising social dialogue between platforms and the self-employed workers who use them for their activity;

- restrict the scope of the Government's power to legislate by ordinance, by removing the power to lay down the rules organising social dialogue at the level of each mobility platform;

- regulate the content and frequency of collective bargaining in each of the sectors of activity concerned by the establishment of social dialogue between representatives of the platforms and the workers.

The Minister of Labour, Elisabeth Borne, commented that the government, with these measures, intends to "create the conditions for a structured and organised social dialogue”.

The Movement of the Enterprises of France (MEDEF) has emphasised his support to entrepreneurial freedom and stressed that its position is not about being for or against platforms. MEDEF is eager to avoid any competition distorsion.

However, the MEDEF has expressed concern on this Governmental Order regarding the risk of creation of a third status or working relationship, on the top the two types of contractual relationship (salaried workers / self-employed)

At this stage, no date has been set for a joint committee or a new reading in the National Assembly.

In parallel, the discussion in the National Assembly and the Senate on the Social Security Financing Bill (PLFSS) is taking place, where a government amendment tabled on 23.10 provides for the possibility for platforms to negotiate a complementary social protection scheme. The social partners have opposed this amendment, which they see as the beginning of the creation of a third status.