The Employment Status of a Person Performing Work through a Digital Platform

Abstract

Performing work through a digital platform is most often done on the basis of self-employment or a civil law contract. Doubts arise when there are elements characteristic of an employment relationship in work through a digital platform. Directive (EU) 2024/2831 introduces a mechanism for presuming an employment relationship on the basis of facts related to the actual performance of work, including how the work is performed and the degree of control and management exercised by the digital platform. The classification of the legal relationship does not depend on the name of the contract concluded between the parties but on the actual performance of the work. The platform has the right to challenge the legal presumption and show that the work is not related to an employment relationship.