False self-employment remains a problem not only in the Netherlands, but also in Belgium, especially within the taxi sector.
Pierre Steenberghen, Secretary General of GTL (National Grouping of Taxi Companies), spoke out about the false self-employment that affects many taxi drivers, especially those who work for digital mediation platforms such as Uber. According to Steenberghen, Belgian legislation in this area is clear, but is not adequately enforced. His statement comes in response to our previously published article on tackling false self-employment in the Netherlands.
He refers to a Royal Decree of 29 October 2013, which sets out nine criteria to determine whether an employment relationship is independent or under authority. “In the case of taxi drivers who work for digital mediation platforms, the nine criteria make it clear that there is an employment contract,” says Steenberghen. This means that many drivers who now work as independent contractors should in fact be employees, with all the associated rights and social security.
unfair competition
However, this legislation is rarely applied in practice, and this has far-reaching consequences for the sector. “Tolerating work by bogus self-employed people creates unfair competition, which has already affected several large taxi companies with employees in Flanders bankrupt has let go,” says Steenberghen. He emphasizes that this is not only disadvantageous for the drivers themselves, but also for the traditional taxi companies that do comply with the rules. They cannot compete with companies that avoid the burden of social security contributions and labor rights by using drivers as independent contractors.
Steenberghen calls on the Belgian government not to wait until this directive is officially introduced, but to take action now to limit the damage to the sector.
In addition, Steenberghen points out the importance of European regulationsThe European Union is currently finalizing a “Platform Workers Directive,” which aims to better protect the rights of digital platform workers and combat bogus self-employment. Once published, this directive will have to be transposed into national law within two years.
playing field
The directive aims to create a more level playing field between self-employed and employed drivers by setting clear rules for employment relationships within platform companies. “The next federal government would do well to tackle the problem now to reverse the trend,” says Steenberghen. His call is a warning to the Belgian government that action is urgently needed, especially since the failure to enforce existing legislation continues to disadvantage companies that do comply with the rules.
While the taxi sector struggles with the increasing false self-employment, drivers and companies remain uncertain about their future. In the coming period, both in the Netherlands and in Belgium, it will become clear how national governments and the European Union deal with this growing challenge, which has not only economic, but also social consequences.
