In April 2023, the Dutch Cabinet proposed a bill (Clarification of the Evaluation of Employment Relationships and the Legal Presumption) to clarify the legal assessment of employment relationships (when work must be performed as an employee and when it can be performed as a self-employed person).
On 6 October 2023, the Minister of Social Affairs and Labour opened the internet consultation on the legislative Proposal. During this time, interested parties were invited to comment and propose amendments. The consultation ended on 10 November 2023.
The Proposal is expected to enter into force on 1 July 2025.
California's Supreme Court has agreed to review to the constitutionality of Proposition 22, a 2020 ballot measure that classified gig drivers as independent contractors.
On 12 June 2023, the EU Council agreed on the proposal for a Directive onimproving the working conditions in platform work and on a general approach. The proposal introduces two key improvements. It supports the determination of the correct employment status of digital platforms workers and establishes the first EU rules on the use of artificial intelligence in the workplace.
On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.
On 24 March 2023, the long-awaited decision in the Deliveroo case in the Netherlands was published, upholding an earlier decision by the Amsterdam Court of Appeal that Deliveroo riders qualify as employees.
The Supreme Court confirmed that between Deliveroo and its riders, there is not an agreement for services but an employment agreement.
On 12 January 2023, the European Court of Justice ruled on equal treatment in employment and occupation concerning sexual orientation.
It stated that a refusal, based on the sexual orientation of the person concerned, to conclude or renew a contract with that person for the provision of certain services by that person in the context of a self-employed activity is contrary to the Employment Equality Directive (2000/78/EC).
On 18 January 2023, a first agreement in the sector of ride-share platforms (Voiture de Transport avec Chauffeur or VTCs in French) was signed, setting out a minimum income per trip at EUR 7.65 net from 1 February 2023.
It provides a 27 per cent increase over the lowest rate on the market, “regardless of the application used.
Last December, the European Parliament voted on measures to improve conditions for workers on digital labour platforms, particularly on their employment status and automated systems monitoring their work.
The text, adopted with 41 votes to 12, will constitute a negotiating mandate and be subject to trialogue negotiations in 2023.