Fairwork Belgium Ratings 2022: Labour Standards in the Platform Economy
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Fairwork Belgium
Ratings 2022:
Labour Standards in
the Platform Economy
2 | Fair work Belgium Ratings 2022
Executive Summary
The growth of the platform economy in Belgium, although less rapid
than in its neighbouring countries, has triggered heated debates around
workers’ legal classification and their protection. The structures for
collective employment regulations and strong trade unions under the
Ghent system provide some protections for workers, but in the specific
context of the platform economy, they do not always translate into fairer
working conditions. The lack of guaranteed minimum wage and social
security coverage for self-employed workers in the platform economy
results in underpaid and unpaid labour. Falling outside the scope of
collective sectoral agreements, platform work is also linked to lack of job
protection and lack of collective voice. This study by the Fairwork Belgium
team sheds light on the working conditions of platform workers and
makes practical suggestions for improving them.
This report presents the first set of a large variability in the fairness platform (Takeaway) could
Fairwork ratings for Belgium, and of the work offered by digital evidence that they offer
establishes a baseline for the country’s platforms in Belgium. Only two protection against work-related
platform economy that will be updated platforms achieved higher scores risks and incapacity to work.
on a yearly basis. Five platforms in (Ring Twice: 4, and Takeaway: 6), Although a basic insurance
the food delivery, care, and domestic while others failed to evidence scheme is available on both Ring
services sectors were evaluated that basic standards of fairness Twice and Deliveroo, they could
against five Principles of Fairwork, and are met. not be awarded the point as they
given a score out of ten. fail to offer a ‘work accident’
� Fair Pay: Only two platforms insurance, covering only peer-
The scoring process involved desk (Takeaway and Ring Twice) could to-peer workers (Ring Twice),
research, interviews with platform show that they guarantee their or their insurance coverage is
workers to gather insights into their workers at least the minimum insufficient, not covering material
work experiences and working wage after costs. Ring Twice, costs (damage to phones, bikes),
conditions, and interviews with which relies on self-employment and lacking a motor vehicle
platform managers to gain knowledge and peer-to-peer worker insurance (Deliveroo). Other
on platforms’ operations and evidence statuses, sets ‘technical minima’, platforms could not show that
for each of the Fairwork principles. i.e. a wage floor for each of the they provide workers with an
Final scores were collectively decided occupations available on the effective safety net.
by the Fairwork Belgium team, based platform. Takeaway, on the other
on all three forms of evidence and hand, hires its couriers (whether � Fair Contracts: Three platforms
reviewed by Fairwork researchers from as direct employees or through (Deliveroo, Ring Twice and
other country teams. temporary work agencies) and Takeaway) could evidence
therefore follows minima set that they provide terms and
by sectoral agreements. There conditions in a clear, transparent
Key Findings continue to be many workers on and accessible form. Of these,
other platforms that take home only Takeaway’s terms proved
less than the hourly minimum to genuinely reflect the nature
� The five platforms we evaluated wage after costs. of the relationship between
achieved scores ranging from the platform and its workers.
zero to five out of ten, showing � Fair Conditions: Only one In the case of the other
Labour Standards in the Platform Economy | 3
platforms evaluated, there is a for decisions affecting workers. but the platform could not be
need to implement changes in Moreover, only Ring Twice awarded the point as it did not
their contracts and establish provided evidence of ensuring evidence any willingness to
relationships with workers equity in the management recognise, or bargain with, a
that are in line with national process. Thus, more efforts trade union. As for Ring Twice
regulations. are needed to improve fair and Takeaway, evidence of solid
management on platforms. relations with national trade
� Fair Management: Although unions was deemed insufficient
all platforms reviewed have � Fair Representation: None of the to award the point. Findings on
communication channels evaluated platforms fully met the this principle point to the fact that
allowing workers to interact with principle of fair representation. most Belgian platform workers
a human representative, only Deliveroo evidenced the recent have little or no influence over
two (Ring Twice and Takeaway) establishment of an internal the decisions that impact their
evidenced effective due process workers’ representation body, jobs.
Stefan Lambauer / Shutterstockwork
4 | Fair work Belgium Ratings 2022
Fairwork Belgium
Scores 2022
Score (out of 10)
Takeaway 6
Ring Twice 4
Deliveroo
Top Help
Yoopies
* The breakdown of scores for individual platforms can be seen at: https://fair.work/bel
Labour Standards in the Platform Economy | 5 Editorial: Asking Respect and Fair Conditions for Platform Workers The growth of the platform economy in Belgium has spurred heated debates around workers’ legal classification and ensuing protection. Some platform workers, such as Deliveroo couriers, have mobilised to protest against the unfair social conditions, the long unpaid waiting time and the lack of communication and respect they receive from the platform management they work for, as well as from restaurants and customers. Fairwork Belgium aims to shed light on the working conditions of platform workers and make practical suggestions for improving them, in order to enhance respect and dignity of workers. The Fairwork project, after launching The analysis we present in this report and communication channels; and in India and South Africa in 2019, has is founded upon five core principles whether workers are able to express expanded its research activities to of fair platform work: Fair Pay, Fair themselves collectively through open 26 other countries since - last year Conditions, Fair Contracts, Fair worker representation. to Belgium. The research group on Management, and Fair Representation. Employment (Industrial) Relations Each principle is divided into two We have assessed evidence against and Labour Market at the Centre for thresholds. We have awarded scores each of these Fairwork principles Sociological Research (CESO) at the out of 10 to a platform based on through a combination of desk KU Leuven, together with the Oxford whether they meet the basic threshold research, interviews with platform Internet Institute (OII) at the University (1 point) and then achieve the higher workers, and semi-structured of Oxford, are now implementing the threshold (1 additional point) for each interviews with platform managers in Fairwork rating scheme in Belgium. We of these five principles. The first two Belgium. We acknowledge that, due are particularly grateful for the support principles concern whether workers to the dynamic nature of the platform of both the European Research Council receive a fair pay for their work and if economy and data confidentiality, (ERC) to the ResPecTMe project (under health and safety rules are followed. reliable information can be difficult the European Union’s Horizon 2020 The three other principles focus on to obtain. We have therefore only research and innovation programme whether the platform has engaged awarded a point when there was clear Grant agreement n° 833577) and the in a fair contractual agreement with and sufficient evidence in support of Flemish Research Council (FWO – workers; whether there are clear and a principle. This means that, in cases Grant agreement funders G073919N). transparent management processes where platform management was not
6 | Fair work Belgium Ratings 2022
available to engage with us, we scored This report examines what these Addressing these gaps is crucial,
on the basis of evidence collected costs may look like on the ground. For in particular in the context of the
through worker interviews and desk example, payment for tasks may not challenges brought about by the so-
research. always acknowledge a worker’s entire called “fourth industrial revolution”
temporal and financial investment in (i.e., the fundamental changes in
Our findings indicate that while undertaking it—effectively lowering society, organisations and labour
Belgium—which is characterised by their hourly earnings. This is partly markets being driven by developments
relatively encompassing structures for because of the lack of guaranteed in digital technology and data), and
collective employment regulations and minimum wage, as well as social the widespread introduction of AI in
strong trade unions under the Ghent security coverage for workers working labour settings. Platform work should
system—provides some protections for as own-account workers within the be considered as part and parcel of the
workers, this does not always translate platform economy. To provide an political agenda on the digitalisation of
into fairer working conditions in the example, workers using platforms to the Belgian economy: the operations of
platform economy. This discrepancy is access household-related and personal some of the platforms reviewed in this
perhaps not a surprise, given the recent care jobs (via Yoopies and Top Help, for report are, after all, not so distant from
attempts by the national government example) invest a significant amount the way e-commerce and other highly
to welcome new actors in the labour of time in job search and applications, digitalised logistics services manage
market that can promise positive with no guarantee of paid work as their workforces, for example in
employment effects through the a result. Furthermore, as labour supermarket collect-and-go systems.
activation of categories of workers who platforms often fail to adapt to Belgian Identifying the similarities across
have so far relied on welfare support, national regulatory regimes, platform innovative modes of work makes it
regardless of the working conditions jobs tend to fall outside the scope of possible not only to guide policymaking
they implement. collective sectoral agreements, with towards coherent reforms to tackle
severe repercussions on working the challenges posed by the rapid
Our research shows that thinking
conditions, exposing workers to wage pace of technology development, but
along these lines may lead to
dumping, lack of job protection, it will also enable workers to regain
an overestimation of the value
and barriers to access to voice autonomy and voice to ensure the
produced by platform work and an
mechanisms. social sustainability of the economy of
underestimation of its social costs.
the future.
Fairwork Belgium team
Valeria Pulignano
Claudia Marà* / Milena Franke*
Markieta Domecka
Alessio Bertolini
Mark Graham
*These co-authors have equally contributed to the report.
Contents
02 Executive Summary
05 Editorial
08 The Fairwork Framework
10 Background: Overview of the Belgian
Platform Economy
13 The Legal Context
15 Fairwork Scores
18 Platform in Focus: Ring Twice
20 Workers’ Stories
21 Theme in Focus: Deregulation, Informality
and Unpaid Work in Care Platforms
23 Moving Forward: Pathways of Change
26 Appendix I: Fairwork Scoring System
31 Credits and Funding
33 Endnotes
8 | Fair work Belgium Ratings 2022
01 The five
principles
Fair Pay
Workers, irrespective of their employment
classification, should earn a decent
income in their home jurisdiction after
taking account of work-related costs.
Fair Conditions
Platforms should have policies in place to
protect workers from foundational risks
The
arising from the processes of work, and
should take proactive measures to protect
and promote the health and safety of
workers.
Fairwork Fair Contracts
Terms and conditions should be
Framework
transparent, concise, and provided to
workers in an accessible form. The party
contracting with the worker must be
subject to local law and must be identified
in the contract. Regardless of the workers’
employment status, the contract must
be free of clauses which unreasonably
exclude liability on the part of the
platform.
Fairwork evaluates the working
conditions at digital labour Fair Management
platforms and ranks platforms There should be a documented process
through which workers can be heard, can
on how well they do. Ultimately, appeal decisions affecting them, and be
informed of the reasons behind those
our goal is to show that better, decisions. There must be a clear channel
of communication to workers involving the
and fairer, jobs are possible in the ability to appeal management decisions
platform economy. or deactivation. The use of algorithms
is transparent and results in equitable
outcomes for workers. There should be
an identifiable and documented policy
To do this, we use five principles that digital platforms should
that ensures equity in the way workers
comply with in order to be considered to be offering ‘fair work’.
are managed on a platform (for example,
We evaluate platforms against these principles to show not only
in the hiring, disciplining, or firing of
what the platform economy is, but also what it can be.
workers).
The five Fairwork principles were initially developed at a multi-
stakeholder workshop at the International Labour Organisation,
followed by workshops for local stakeholders. These workshops,
Fair Representation
and our follow-up conversations with platform workers, Platforms should provide a documented
platforms, trade unions, regulators, academics, and labour process through which worker voice
lawyers, allowed us to revise and fine-tune the principles, as well can be expressed. Irrespective of their
as to ensure that they were applicable to our national context. employment classification, workers
should have the right to organise in
Further details on the thresholds for each principle, and collective bodies, and platforms should be
the criteria used to assess the collected evidence to score prepared to cooperate and negotiate with
platforms can be found in the Appendix. them.
Labour Standards in the Platform Economy | 9
02 Methodology
overview
The project uses three approaches
to effectively measure fairness at work.
Desk Research
The process starts with desk research to
ascertain which platforms are operating
in each city, as well as noting the largest
and most influential ones. In Belgium,
we focused on platforms operating all
over the country. This research provides
the overall range of the platforms that either through the platform directly
are ranked, as well as identifying points or at known worker meeting points.
of contact or ways to access workers. These interviews do not aim to build
Desk research also flags up any public a representative sample; they instead
information that could be used to score seek to understand the processes
particular platforms (for instance, of work and the ways it is carried
the provision of particular services to out and managed. They allow us, for
workers, or ongoing disputes). example, to view contracts and learn
about platform policies that pertain to
workers. The interviews also allow the
Platform Interviews team to confirm or refute that policies
03
or practices are really in place on the
The second method involves platform. How we
approaching platforms for evidence.
We interview platform managers and
score
request evidence in support of each of Putting It All Each of the five Fairwork principles
the Fairwork principles. This provides
insights into the operation and business Together is broken down into two points: a
basic point and a more advanced
model of the platform, while also This threefold approach provides a point that can only be awarded if the
opening up a dialogue through which means to cross-check the claims made basic point has been fulfilled. Every
the platform could agree to implement by platforms, while also providing the platform receives a score out of 10.
changes based on the principles. In opportunity to collect both positive Platforms are only given a point when
cases where platform managers do not and negative evidence from multiple they can satisfactorily demonstrate
agree to interviews, we limit our scoring sources. Final scores are decided their implementation of the principles.
to evidence obtained through desk collectively by the Fairwork team Failing to achieve a point does not
research and worker interviews. based on all three forms of information necessarily mean that a platform
gathering. The scores are then peer does not comply with the principle
reviewed by the country team, the in question. It simply means that we
Worker Interviews Oxford team, and two reviewers from are not—for whatever reason—able to
The third method involves interviewing other country teams. This allows us evidence its compliance.
The third method involves interviewing to ensure the consistency and rigour
of the scoring process. Points are only Further details on the Fairwork
platform workers directly. We aim for a
awarded if clear evidence exists for each Scoring System are in the Appendix.
sample of 6-10 workers interviewed at
each platform. Workers are approached thresholdon each threshold.
10 | Fair work Belgium Ratings 2022 Background: Overview of the Belgian Platform Economy One key feature of the platform economy in Belgium is the heterogeneity of platform work and its workforce. Platform work here tends to be occasional, often supplementing other earnings2. However, platform work can represent a significant source of income for a growing share of workers, especially in some sectors like food delivery3. Recent representative data on the numbers and composition of the Belgian platform workforce is currently lacking, but data from surveys conducted in other European countries seem to support this pattern. The European-wide COLLEEM survey and the ETUI internet and platform work survey report substantial heterogeneity in terms of earnings, education, age and gender, and the share of income earned and number of hours worked on platforms4. In comparison to other economies, other countries in the study. The ING below the European average of 17%. for instance the UK, in Belgium the data were confirmed by the 2016 Flash However, in the last five years, the platform economy has been a relatively Eurobarometer, which found that only use of digital platforms in Belgium small phenomenon within the broader 8% of the Belgian population had used has risen rapidly. The 2018 Flash economic context. An ING international a service provided on a collaborative Eurobarometer reported a significant survey conducted in 2015, which economy platform in 2016. This was increase in Belgians’ use of platform surveyed 14,829 individuals in 15 well below the participation rate seen services in only two years, surging countries including Belgium, found that in its neighbours France (36%) and by 10 percentage points to 18% of the size of the platform economy was Germany (20%). In 2016, Belgium’s the Belgian population declaring very limited when compared with the participation rate was also well having used a service provided on a
Labour Standards in the Platform Economy | 11
collaborative economy platform (in services in Belgium (Figure 1), with continued to grow in Belgium, with two
comparison, the European average the transport sector (36%) and food- of the main active platforms—Deliveroo
increased by 6 percentage points related services (35%) being most and Takeaway—currently deploying
between 2016 and 2018). popular, and household services trailing around 3,000 couriers each. In 2020,
at a fair distance below (11%). In the Deliveroo doubled its turnover, while
The 2018 Eurobarometer also reports aftermath of the first wave of pandemic Takeaway grew 50% and doubled its
the sectors of highest use of platform shocks, the food delivery sector has workforce in Belgium5.
Figure 1 Platform use in Belgium (2018)6
In which of the following sectors have you used a service offered via a
collaborative platform? (multiple answers possible)
0% 5% 10% 15% 20% 25% 30% 35% 40%
Transport (e.g. car sharing)
Food-related services (e.g. home delivery, food…
Household services (e.g. gardening, repairs, child…
Collaborative finance (e.g. peer-to-peer lending…
Professional services (e.g. IT services, accounting)
Other
Finally, when looking at the share of of the platform economy in Belgium
regional platforms—that is, platforms may be explained by looking at the
that originated in Belgium7 —we see institutionalized character of the
that Belgium follows the pattern of country’s digitalisation strategy. As part
other EU countries, with the number of the Belgian tripartite social dialogue
of locally born platforms being less
than half of all platforms active in
system, trade unions have been
actively involved, together with the
“The high turnover
the country8. However, in Belgium VBO-FEB (employers’ organisation), in of the sector has
a number of local platforms have the development of the government’s
reached substantial success, including digitalisation and artificial intelligence left space for the
Ring Twice (formerly Listminut), a
pioneering platform in the provision
strategies. The ‘Digital Belgium’
strategy outlines the digital long-term entrance of a
of a wide range of household services,
the first Belgian platform to be officially
vision for the country and sets out
five priorities: digital infrastructure,
vulnerable migrant
accredited on the governmental list of digital confidence and security, digital workforce that often
platforms (more on this list in the next skills and jobs, digital economy, and
section). Founded in 2013, it grew to digital government. While the strategy goes undetected due
6,000 service providers and 10,000
users in 20189 and up to 36,000
doesn’t dwell much on platform work,
the involvement of the trade unions to undocumented
service providers and 40,000 users in
202110.
in shaping the programme has been
useful in order to voice and understand
status.”
worker requests while attempting to
These trends in the size and nature12 | Fair work Belgium Ratings 2022
regulate the emerging digital economy. might have been in the past. Since the delivery sector has proven difficult,
The trade unions’ social ties to the rank first workers’ collective actions in the however, due to the changing
and file has allowed the identification Belgian food delivery platform sector in composition of the workforce. In
of the most-needed digital skills, and 2017, both the main confederal unions the first phase of delivery platforms’
the conveying of workers’ requests to in Belgium, namely the ACV/CSC and expansion, couriers were primarily
the government and employers in the the ABVV/FGTB (Socialist trade unions young students with ‘sceptical’
dialogue11. In addition, in June 2019, confederation), have been supporting attitudes towards trade unions12, in
the ACV-CSC (Christian trade union the claims of the local couriers’ line with those of their peers outside
confederation) announced the creation movements, and in particular the the platform economy13. In more
of a new category (United Freelancers) Brussels-based Collectif des coursier- recent times, the high turnover of the
within their organisation in order to e-s/KoeriersCollectief (couriers’ sector has left space for the entrance
include independent workers, on the collective). of a vulnerable migrant workforce
claim that many new self-employed are that often goes undetected due to
far from being the ‘petit patron’ they The unionisation of the Belgian food undocumented status14.
Werner Lerooy / ShutterstockworkLabour Standards in the Platform Economy | 13 The Legal Context Which ‘Employment Status’ in the Platform Economy In Belgium, the classification of workers is decided on a case-by- case basis, depending on the factual elements indicated by the law. If workers have sufficient freedom to organise their work and their working time, and are not subject to a hierarchical authority, they will be regarded as self-employed15. That said, a number of exceptions are introduced by the law with regard to sectors such as construction, security, transportation, cleaning, agriculture and horticulture. Based on these legal assumptions, tax rate of 10.7%; in comparison, employment and informal/undeclared most platforms in the platform regular workers earning up to 9.050€ work. economy in Belgium have classified are exempted from taxation, and their workers as self-employed. above that threshold the applicable Ever since the introduction of the The possibility to do so has been tax wedge starts at 25% and climbs to peer-to-peer status, thousands of reinforced by the national government 40%. In 2018, the government further platform workers in food delivery, ride introducing dedicated legislation lowered taxation on revenue from hailing, care and household services, on digital platforms in the hope of platform earnings to zero, a measure have been classified under this encouraging the development of the which the Belgian Constitutional Court regime. However, the governmental platform economy, as well as citizens’ deemed unconstitutional in 202016. intervention to regulate the platform participation as users, workers and Hence, in February 2021 taxation on sector through the introduction of this entrepreneurs. In particular, the 2016 the P2P status was restored to 10.7%. ad hoc reform of employment has De Croo Law assimilated platform Importantly, extant legislation requires exacerbated the polarisation between work to the broader category of digital platforms to be accredited in the traditionally ‘protected’ dependent ‘collaborative economy’ jobs, alongside a national directory, managed by the workforce (including standard and voluntary work, and created a specific Ministry of Finance, in order for their non-standard employees) and a status, i.e. the peer-to-peer status workers to benefit from the peer-to- growing population of unprotected (P2P), which benefits from significant peer status. To date, this list includes and independent (self-employed) tax exemptions, while disregarding about 100 digital platforms, with workers –including those with the new access to social security schemes. many more operating without this P2P status. A dualism is becoming Workers under this status are recognition. In this case, platforms increasingly visible in the Belgian exempted from paying social security rely on a traditional employment context, where the former can rely on contributions and are allowed to classification—such as in the case of fairly good levels of income guarantees earn up to a yearly amount of €6,390 the food delivery platform Takeaway, and access to social security, while (2021, indexed) with an applicable or more often, on regular self- the latter act in a realm of increasing
14 | Fair work Belgium Ratings 2022
income insecurity and insufficient being summoned before the Labour This temporary solution should be
employment protection17. The peer- Court in January 2020. In December applicable until July 2022, when the
to-peer status also risks undermining 2021, a first decision declared that Brussels government is planning to
the long-standing Belgian system Deliveroo riders may work for the establish a new judicial framework.
of sectoral collective bargaining, as platform as self-employed (but not as
workers with the peer-to-peer status peer-to-peer). An appeal by the Public As we can see, the legal status of
are allowed to carry out tasks that Prosecutor is now ongoing against this digital platforms and platform workers
are generally provided by regular decision; the final result is expected in Belgium is far from being settled.
employees covered by national end of 2023. In 2021 the Federal Government
collective agreements, but because announced its desire to reform the
of their flexible status, all compliance In a similar judgment of 16 January current legislation (i.e. concerning the
with sectoral arrangements in terms 2019, the Commercial Court of peer-to-peer status) and launched
of wage and employment regulation Brussels incidentally ruled on the an online consultative forum to
is lifted. Domiciliary personal care is employment status of Uber drivers by gather contributions and opinions
a case in point: traditionally provided stating that drivers are in fact not to from platform workers, platform
by employees of non-profit and be considered as employees. Although management, trade unions and other
semi-public care enterprises, today the competence of this court to deal relevant actors. In mid-February
anyone can perform such services as with this category of disputes was 2022, the Government presented a
a peer-to-peer worker via accredited contested from a legal perspective— plan to reform the status of platform
platforms. This goes hand in hand such disputes normally falling under workers as part of a broader reform
with the decade-long retreat of the the jurisdiction of the Labour Courts21 of the labour market. Following the
Belgian government from investing in —the judgment was nevertheless recent European Commission directive
social spending in public goods such subjected to an appeal, which is on improving working conditions in
as personal care since the austerity now pending before the Brussels platform work, the proposed text
reforms in 2012, when €2.3 billion Court of Appeals. In an interlocutory establishes a list of eight criteria to
were cut from the health sector18. judgment, the Court of Appeals has determine the status (as employee
raised two prejudicial questions to the or self-employment) of platform
Unsurprisingly, the peer-to-peer status Constitutional Court with respect to the workers, and makes accident insurance
has been highly contested in Belgium, need for taxi licenses for Uber drivers, obligatory for all workers regardless
on the grounds that it grants benefits to and whether this could constitute some of their status. The proposal will soon
platforms to the detriment of taxpayers form of discrimination against regular undergo parliamentary debate, which
and worker welfare19. In its 2021 ruling taxi-drivers. Specifically, after the may lead to changes in the current text.
that restored the 10.7% tax rate on Brussels government banned the use
platform earnings, the Constitutional of the Uber smartphone app to book
Court refrained from repealing the rides instantaneously and introduced
possibility of platforms to classify the an obligation to book rides at least
employment status of their workers three hours ahead in March 2021, in
as self-employed or ‘peer-to-peer’20, November of that year the Appeals
which still remains a contested issue in Court decided that Uber riders could
Belgium as recent legal cases indicate. no longer use their apps because it
First, in 2018, two rulings of the
violated the law on taxi services. This
was strongly contested by Uber, which
“The peer-to-peer
Administrative Commission for
Employment Relationships stated
pointed to the fact that the Brussels status has been
government applied a law on taxi
that Deliveroo couriers should be services from 1995 that had not been highly contested
considered as employees, contrary to
what was maintained and practiced
updated. This put the two thousand
Uber riders in Brussels temporarily
in Belgium, on
by the company. However, following
a request by Deliveroo, these two
out of work. In December 2021, a
temporary solution was found by the
the grounds that
rulings were first found to be invalid
by the Brussels Labour Tribunal, but
government, which allowed Uber it grants benefits
workers to resume their work within
this decision was again repelled by a new judicial framework, namely to platforms to
the Court of Appeal. Nevertheless,
four years after the initial rulings,
by asking riders to fulfil a number of
conditions, such as proving that they
the detriment of
this had no more significance. Later,
the Public Prosecutor in Brussels
work at least 20 hours per week,
prohibiting them from using taxi lanes
taxpayers and
started an investigation regarding
the employment status of Deliveroo
or taxi parking lots, and only allowing worker welfare.”
them to carry out rides that have been
couriers, which led to the platform assigned to them by the platform.Labour Standards in the Platform Economy | 15
Fairwork Belgium
Scores 2022
Score (out of 10)
Takeaway 6
Ring Twice 4
Deliveroo
Top Help
Yoopies
* The breakdown of scores for individual platforms can be seen at: https://fair.work/bel16 | Fair work Belgium Ratings 2022 Explaining the scores Fair Pay Fair Conditions Fair Contracts ↘ Of the five platforms we studied ↘ Only one platform could evidence ↘ Three of the five platforms— for this report, we found that only that they offer protection against Deliveroo, Ring Twice and Takeaway— two—Takeaway and Ring Twice— work-related risks and in the case could show that they provide terms guarantee their workers earn at least of incapacity to work. This platform, and conditions in a clear, transparent the minimum wage after costs22. Ring Takeaway, was awarded both points and accessible form. However, only Twice, which relies on the peer-to- under this principle—though we Takeaway also demonstrated that peer status and self-employment, strongly recommend that it ensures liabilities and risks of engaging in the sets ‘technical minima’, i.e. a wage that all its couriers are duly informed work are shared between the platform floor for each of the occupations about their rights. Although a basic and the workers. Given the poor results available on the platform. Although we insurance scheme is available on both regarding contracts, we urge platforms awarded the point to both platforms, Ring Twice and Deliveroo, we could to implement changes in their we acknowledge that Ring Twice not award the point because Ring contracts and establish relationships workers take a higher risk because Twice fails to offer a ‘work accident’ with workers that are in line with they are independent workers who insurance and only covers peer-to- national regulations. have to provide for their own social peer workers using the platform, not security and need to secure sufficient the self-employed. Similarly, we find income. Differently, Takeaway hires its Deliveroo’s insurance coverage to be couriers (whether as direct employees insufficient, amongst others due to or through temporary agencies), the lack of coverage of material costs and therefore follows minima set (such as damage to phones, bikes) and by sectoral agreements. However, the lack of a motor vehicle insurance the current pay level is contested for self-employed workers using a by workers and trade unions, who motorised vehicle for delivery. The are calling for the reclassification of fact that none of the other platforms couriers under a different sectoral reviewed could evidence the existence agreement, with higher salary scales. of protections makes it very clear Other platforms, hiring workers under that platforms should act promptly to the peer-to-peer status, as self- improve working conditions. employed or informal workers, could not evidence that they guaranteed minimum wages as stipulated in sectoral collective agreements.
Labour Standards in the Platform Economy | 17
Fair Management Fair Representation
↘ Although all platforms reviewed ↘ None of the platforms fully met
have communication channels allowing the principle of fair representation.
workers to interact with a human Deliveroo evidenced the recent
representative, only two (Ring Twice establishment of an internal workers’
and Takeaway) evidenced effective representation body, but the platform
due process for decisions affecting could not be awarded the point
workers. Moreover, only Ring Twice because it did not evidence any
provided evidence of ensuring equity willingness to recognise, or bargain
in the management process. Our with, a trade union. As for Ring Twice
findings in this category indicate that and Takeaway, there was insufficient
more efforts are needed to improve fair evidence of solid relations with national
management on platforms. trade unions to award the point. This
all points to the fact that most Belgian
platform workers are left without
institutionalised channels for worker
representation, meaning that they have
little or no influence over the decisions
that impact their jobs.
Thomas Dekiere / Shutterstockwork18 | Fair work Belgium Ratings 2022
Platform in Focus:
Ring Twice
Total
Principle 1: Pays at least the local Pays at least a local living
minimum wage after costs wage after costs
Fair Pay
Principle 2:
Mitigates task-specific risks Provides a safety net
Fair Conditions
Provides clear and
Principle 3: Does not impose unfair
transparent terms and
contract terms
Fair Contracts conditions
Principle 4: Fair Provides due process for
decisions affecting workers
Provides equity in the
management process
2
Management
Assures freedom of
Principle 5: Fair association and the Supports democratic
expression of collective governance
Representation worker voice
Ring Twice overall score 04
Ring Twice is a Belgian platform hours worked when they close the amount is lower than what is needed
providing a broad range of different job on the platform25. Ring Twice to make a living in Belgium, which
household services, such as cleaning, enforces a minimum pay rate below workers report as problematic in their
babysitting, gardening, hairdressing, which workers cannot charge: when interviews.
house repairs, IT-services and many workers try to enter a lower tariff, it is
more. Ring Twice was founded in automatically rejected by the platform, Ring Twice offers private insurance
2013 and was the first platform to be so as to avoid undercutting. Minimum covering material damage to the
officially recognised by the Belgian pay rates differ between job categories. client’s belongings and physical injuries
government under the ‘peer-to-peer Ring Twice advertises that workers up to a certain amount. However, the
status’. While the platform is only should account for costs such as those insurance coverage is more limited
active in Belgium, it has expanded arising from buying materials and than the regular workplace accident
over the years to the 400,000 users commuting when setting their price. insurance offered to employees in
and 36,000 workers it has currently23. In scoring the platform, we faced the Belgium, and excludes accidents
Around 80% of Ring Twice workers challenge that Ring Twice operates occurring when commuting to work.
work under the Belgian peer-to-peer in sectors that are not covered by Importantly, the insurance is only
status, while the remaining 20% are collective agreements in Belgium, such offered to peer-to-peer workers. Self-
self-employed24. as babysitting, and have therefore no employed workers are required to
set minimum wage. Hence, we see the provide for their own insurance.
Payments are made through the minimum pay rate set by the platform
platform, with workers setting an A positive feature highlighted by many
in these sectors (the lowest being
hourly or fixed-price pay rate when Ring Twice workers is that they can
€7 for babysitting and pet sitting) as
applying for a job, and confirming contact management any time, even
a good step forward. However, the
this pay rate and the number of outside their working hours, by email,Labour Standards in the Platform Economy | 19
text message or phone, and can meet policy and communicated this new
them face-to-face. Workers have a policy to workers. We will monitor the
contact person whom they can reach implementation and benefits of these
in case of questions or concerns, as new policies for workers over the next
reported by one of the workers we year.
interviewed: “I met her [Ring Twice
manager] twice. (…) I find it nice that Overall, we see that Ring Twice is
she always answers very quickly. I taking steps to improve working
recently had a question about the conditions within the specific
payment, I wrote her on WhatsApp and regulatory setting in which it operates,
she answered within a day.” even in cases when sectoral regulation
is missing. However, as evidenced by
As a result of its engagement with the low scores for some principles,
Fairwork, Ring Twice has dedicated there is still room for improvement. In
a new web page to a formalised particular, we would advocate an all-
appeal process, which will also be inclusive policy for the social protection
communicated in emails to workers and collective bargaining rights of
who are deactivated. Moreover, workers.
resulting from the engagement
with Fairwork, the platform has
implemented an anti-discrimination20 | Fair work Belgium Ratings 2022
Workers’ Stories
Sander* is 24, and has been working for with Takeaway, he was giving them his
Takeaway for the last three years. During availability and was being assigned shifts
this time, he got promoted from courier to within his availability (although sometimes
driver captain. Prior to that, Sander used not as many shifts as he wanted), making
Sander to work as a warehouse and assembly his income more predictable. But not
Takeaway line worker, and as a DJ. When Sander showing up for a shift was punished by
joined the platform in 2018, just before losing access to the shift-booking system in
he dropped out of university, there were the following week. In order to be offered a
so few couriers available that “Takeaway monthly contract and to become a captain,
were hiring anybody with two legs”. At that Sander had to demonstrate high availability:
time, there were also very few restaurants giving as many hours and days he could
involved and delivery shifts were only in the work as possible, including weekends, and
evenings. Then it all changed. More couriers never cancelling shifts due to bad weather
and restaurants joined and work became or other commitments. As a driver captain,
much more intense, with very limited or no he now earns €13.80 per hour. He still
breaks between orders. As a bike courier, delivers food when needed, but also trains
Sander was paid first €10 and then €12 and supervises other couriers, monitoring
per hour, and was offered initially daily and their statistics, checking their outfit and
then weekly and monthly contracts. He compliance with rules, and helping them
experienced multiple problems with badly when they encounter difficulties. Sander is
functioning bikes provided by Takeaway a member of a trade union and regrets that
and some scolding from a hub coordinator. many other riders are not, as he believes
Food delivery was exhausting. When he that if more of his fellow workers were
returned home in the evenings, he could union members, their chances of making
only eat and sleep. During periods of very their voices heard by management would
few shifts on Takeaway, he tried to top up be higher. His ambition is to become a hub
his income by working for Deliveroo. This, coordinator, as that would secure him a
however, turned out to be a waste of time, permanent contract and a salary of about
as there were very few orders available €1,800 per month.
for the number of waiting riders. At least
*Name changed to protect worker identityLabour Standards in the Platform Economy | 21
Theme in Focus:
Deregulation,
Informality and
Unpaid Work in Care
Platforms
One of the most contested aspects of the platform economy—which
comes across this report—is how it challenges the regulation of
established sectors, both in terms of service provision to clients,
and the employment relationship. National governments have
increasingly been exiting certain sectors that they traditionally
oversaw, such as health and care services, through reductions in
spending and investment in public goods under austerity policies.
The result is a rise in informality and unpaid labour (as one of its
main manifestations) in the platform economy—an area which
claims to increase labour participation of those not yet included in
the formal labour market.
One clear example of increasing In the mid-2000s, Belgium introduced open-ended employment contracts
informality through deregulation is a voucher system to foster the that ensure access to full social
the platform care sector in Belgium. formalisation of domestic service26. The security and work stability.
Here we observe that platforms’ timid system relies on two core elements:
or non-existent compliance with the first, strong state subsidies whereby Differently from other countries in
regulations organising the sector can clients can purchase domestic Europe that have a similar scheme
result in unpaid work. As one of the services through vouchers at a highly (e.g. France), only domestic tasks
workers we interviewed observed: discounted price in order to incentivize can be carried out within the scope
“Work on TopHelp is never declared, the formal hiring of domestic workers; of the Belgian voucher system.
it’s like voluntary work, more or less. second, the establishment of a Accordingly, personal care services
I had got in touch with one of the tripartite employment system in the such as assistance to the elderly or
platforms administrators and asked domestic service sector, whereby to people with disabilities are usually
him if there were ways to declare my domestic workers are not hired directly provided through profit and non-profit
work but they replied that they don’t by clients (as is the case in France, for organisations with regularly employed
deal with this kind of stuff.” instance) but rather by employment staff. Alternatively, they are provided by
agencies, with which workers have so-called Local Employment Agencies22 | Fair work Belgium Ratings 2022
BW Press / Shutterstock.com
fizkes / Shutterstockwork
(ALE/PWA) that aim to reintegrate extensively on the use of intermediary know what to do here.”
long-term labour market dropouts and agencies that hire domestic workers
other welfare beneficiaries27. Baby- and remunerate them on the basis Most services offered on care platforms
sitting and private-tutoring services of hours worked—that is, based on in Belgium (for example, personal
fall outside the scope of the regulation. the vouchers paid by their clients. care for the elderly and people with
However, platforms are often not Some tasks involving a lot of risks are disabilities) are either regulated as
aware of or do not follow the rules of forbidden in the voucher system, but work within the ‘triangular’ voucher
the sector in the host countries they are done by workers working through system as a formal employment
operate in. As one worker told us, there platforms, as one worker told us: “The relationship, or unregulated, as is
seems to be no Belgium-specific help difference between platform work and the case for private tutoring and
for Belgian platform workers, which work by vouchers is that in the first baby-sitting. Thus, when matched on
leaves Belgian workers unsupported case when I go and work for people, platforms, instead of using the national
when in need of clarification regarding fixing tiles and walking up ladders, voucher system the contracting parties
taxation and regulation: “There is some I take my risks. Under the voucher can arrange work agreements only
sort of confusion between Yoopies system, this is forbidden.” informally. This generates unpaid
France and Yoopies Belgium, I never labour such as work involved in job
know where to ask for information The research we have conducted on search, job applications and making
and support. I once sent a message care platforms in Belgium, namely, an attractive profile on platforms.
to the Yoopies support system asking Top Help and Yoopies, within the Workers are deprived of social
for help about the voucher system scope of the ResPecTMe and Fairwork protection coverage and guaranteed
and a French guy replied, telling me projects reveals how care platforms minimum wage standards. Moreover,
‘I don’t understand your question’, so tend to disregard existing regulation unpaid labour within care platforms
I realised that it was Yoopies France and rather end up boosting informal is also exacerbated by the hidden
responding and they had no idea about work, as illustrated by a respondent: nature of the work that is performed
the [Belgian] voucher system.” “This [platform work] is for people by the worker, as the latter often
who have small jobs like cleaners, lacks information on the client’s
When we look at the form of who work informally, people without expectations.
employment which the voucher system qualifications and especially
establishes, we see that in Belgium newcomers, so maybe people who are
the system is ‘triangular’28, as it relies qualified in their countries but don’tLabour Standards in the Platform Economy | 23
Moving Forward:
Pathways of Change
Fairwork’s theory of change
This report establishes a baseline on the incorporates four pathways to
current situation of Belgium’s platform improving working conditions for
platform workers. The first pathway
economy that will allow us to study its entails engaging with platforms
directly to push them to improve
development and update our ratings on working conditions. As Fairwork grows,
platforms are increasingly aware
an annual basis. The low scores for four of the importance of accountability
of the five platforms we scored indicate a mechanisms such as the Fairwork
framework. By guiding platforms with
strong imperative for regulatory reform our principles, we collaborate with
them to improve their practices and
and enforcement. However, the range of policies to provide better job and
income opportunities for their workers,
scores points to the fact that poor working while building a safer and fairer
conditions are not inevitable—platform business. As a result of our research in
Belgium, Ring Twice has implemented
work can also mean fair work. three important changes. First, Ring
Twice raised the minimum pay for
babysitters and pet sitters, which are
the job categories with the lowest
minimum pay on the platform. Second,
Ring Twice has formalised an appeal
process for workers on their website
and adapted the emails sent to workers
in case of deactivation. These emails
now contain clear information about
the deactivation policy and appeal
process. Third, Ring Twice formalised
an anti-discrimination policy on their
website and notified workers of this
new policy. In addition, we have found
the platform Deliveroo to be eager to
work with us, and to share evidence to
improve their Fairwork scores.
The second pathway to change arises
from a belief that, given the opportunity
to make more informed choices, many
consumers will choose the most
ethical option when faced with a choice
between a poor-scoring platform and a
better-scoring one. Our yearly ratings
give consumers the ability to select the
highest scoring platform operating in
a sector, thus contributing to pressure
on platforms to improve their working
Fairwork’s Pathways to Change conditions and their scores. In this24 | Fair work Belgium Ratings 2022
way, we enable consumers to ally with Finally, and most importantly, workers work at multiple occasions. Through
workers to fight for a fairer platform and workers’ organisations are at continual engagement with workers’
economy. the core of Fairwork’s model. Our representatives and advocates, we aim
principles have been developed and are to support workers in asserting their
Our third pathway to change involves continually refined in close consultation rights and requirements in a collective
ongoing conversations with policy- with workers and their representatives. way.
makers, engaging with them to Our fieldwork data, combined with
advocate for extending appropriate feedback from workshops and
legal protections to all platform consultations involving workers,
workers, irrespective of their legal informs how we systematically evolve
classification. Consistently low scores the Fairwork principles to remain in line
in the Fairwork league table illustrates with their needs. In Belgium, we have
the need for regulatory intervention to been engaging with trade unions on
ensure that platform workers are no the national level and with trade union
longer falling through the cracks. confederations at the European level,
consulting them and presenting our
Fairwork’s Principles: Continuous
Worker-guided Evolution
Fairwork
Principles
Changes to Principles
(agreed at annual Fairwork symposium that
brings together all country teams)
Periodic International Annual Country-level Yearly Fieldwork
Stakeholder Stakeholder across Fairwork
Consultations Consultations Countries
(involving gig workers’, workers’ (involving gig workers’, workers’ (involving surveys and in-depth
organisations, cooperatives, etc) organisations, cooperatives, etc) interviews of gig workers)
Ongoing Advocacy Efforts
(involving campaigns for worker rights and
support to workers’ organisations)Labour Standards in the Platform Economy | 25
The Fairwork Pledge:
As part of this process of change, we members to help them in deciding More information on the Fairwork
have introduced a Fairwork pledge. which platforms to engage with. A Pledge and how to sign up at https://
This pledge leverages the power second level of engagement entails fair.work/pledge
of organisations’ procurement, organisations committing to concrete
investment, and partnership policies to and meaningful changes in their own
support fairer platform work. practices as official Fairwork Partners,
for example by committing to using
Organisations like universities, schools, better-rated platforms where there is
businesses, and charities who make a choice.
use of platform labour can make a
difference by supporting the best
labour practices, guided by our five
principles of fair work. Organisations
who sign the pledge get to display our
badge on company materials.
The pledge constitutes two levels of
engagement: The first is as an official
Fairwork Supporter, which entails
publicly demonstrating support for
fairer platform work, and making
resources available to staff and26 | Fair work Belgium Ratings 2022
Appendix:
Fairwork
Scoring System
The five Principles of Fairwork were allows one ‘basic point’ to be awarded that point. A platform can therefore
developed through an extensive corresponding to the first threshold, receive a maximum Fairwork Score of
literature review of published research and an additional ‘advanced point’ ten points.
on job quality, stakeholder meetings to be awarded corresponding to the
at UNCTAD and the ILO in Geneva second threshold (see Table 1). The Fairwork scores are updated on a
(involving platform operators, policy advanced point under each Principle yearly basis. The scores presented
makers, trade unions, and academics), can only be awarded if the basic point in this report were derived from data
and in-country meetings with local for that Principle has been awarded. pertaining to the 14 months between
stakeholders. The thresholds specify the evidence June 2020 and August 2021.
required for a platform to receive
Each Fairwork Principle is divided a given point. Where no verifiable
into two thresholds. Accordingly, for evidence is available that meets a given
each Principle, the scoring system threshold, the platform is not awarded
Table 1 Fairwork Scoring System
Principle Basic point Advanced point Total
Fair Pay 1 1 2
Fair Conditions 1 1 2
Fair Contracts 1 1 2
Fair Management 1 1 2
Fair Representation 1 1 2
Maximum possible Fairwork Score 10Labour Standards in the Platform Economy | 27
Principle 1: The platform must satisfy the following: Threshold 1.2 – Guarantees
workers earn at least a local
Fair Pay • Workers earn at least the local
minimum wage, or the wage set living wage after costs (one
Threshold 1.1 – Guarantees by collective sectoral agreement additional point)
workers earn at least the local (whichever is higher) in the place
In some places, the minimum wage is
minimum wage after costs (one where they work, in their active
not enough to allow workers to afford
hours, after costs.
point) a basic but decent standard of living.
In order to evidence this, the platform To achieve this point platforms must
Platform workers often have
must either: (a) have a documented ensure that workers earn a living wage.
substantial work-related costs to
policy that guarantees the workers
cover, such as transport between The platform must satisfy the following:
receive at least the local minimum
jobs, supplies, or fuel, insurance, and
wage after costs in their active hours; • Workers earn at least a local living
maintenance on a vehicle29. Workers’
or (b) provide summary statistics of wage, or the wage set by collective
costs sometimes mean their take-
transaction and cost data. In case of sectoral agreement (whichever
home earnings may fall below the local
(b), the platform must submit: is higher) in the place where they
minimum wage30. Workers also absorb
the costs of extra time commitment, work, in their active hours, after
• An estimate for work-related costs,
when they spend time waiting or costs.32,33
which are then checked by the
travelling between jobs, or other Fairwork team through worker
unpaid activities necessary for their If the platform has completed Table 2,
interviews; and, the mean weekly earnings minus the
work, which are also considered active
hours31. To achieve this point platforms estimated work-related costs must be
• A weekly earnings table for any
must demonstrate that work-related above the local minimum wage.
three-month period over the
costs do not push workers below local previous twelve months, in the
minimum wage. format shown below. This is a
two-way relative frequency table,
which should contain information
on the percentages of workers
whose average weekly take-home
earnings and active hours are
distributed as follows in Table 2.
Table 2 Weekly earnings table26
WORKER EARNINGS AFTER COSTS (E)
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