JOBSDEAL (5/5): Platform economy and monitoring projects

Measure 1: Platform economy

This measure aims to introduce criteria for determining the nature of employment relationships specific to enterprises in the platform economy.

A working relation is presumed to qualify as an employment relation if at least 3 of the following 8 criteria OR 2 of the last 5 criteria are met.

These criteria consist of examining whether the platform can:

• require exclusivity in relation to the field of activity; 
• use geolocation for purposes other than the proper functioning of the company's core services;
• restrict the worker's freedom in the manner of performing the work ; 
• limit the workers’ income levels;
• require compliance with binding rules on presentation, behaviour towards the recipient of the service or the execution of the work;
• determine the prioritisation of future job offers and/or the amount of work and/or workers rankings;
• restrict the worker's freedom to organise work ;
• restrict the possibility for the worker to build up a clientele or to carry out work for a third party.

The presumption is however rebuttable. It may be rebutted by any legal means, and in particular on the basis of the general criteria laid down by the law to determine the nature of the employment relationship. As a reminder, these general criteria are :

• The will of the parties as expressed in their agreement (as long as it is executed in accordance with the nature of the chosen relationship);
• Freedom to organise working time ;
• Freedom to organise work ;
• The possibility of exercising hierarchical control.

The measure should come into force on 1er January 2023.

Measure 2: Monitoring of bottleneck occupations

Every two years, the joint (sub-)committees will have to conduct a debate on the bottleneck occupations in their sector.

Within this framework, each joint (sub)committee will draw up a list of bottleneck occupations, a report explaining the reasons for the shortage and a plan setting out measures to remedy the shortage. This information should be communicated to several institutions, including the Minister of Labour and the National Labour Council.

The list, report and plan should be transmitted for the first time before 1er January 2023.

Measure 3: Monitoring diversity

The reform aims to ensure diversity monitoring in sectors and companies. This will be done by a new "diversity" service within the FPS Employment, as well as by the joint (sub)committees.

The purpose of this monitoring is to identify the existence of any differences in the employment structure of each sector. If these differences are not justified, the joint (sub)committee will draw up an action plan to remedy the differences found.

The measure should enter into force on the day of the publication of the law in the Belgian Offical Gazette.

Caveat

This information is provided subject to the approval of the final texts by the Federal Parliament.

Source: Draft Act on various labour provisions, no. 2810/001.