The text was co-authored by Monika Banaś, a legal assistant.

EU lawmakers are acting to improve working conditions through online platforms such as Glovo, Uber Eats and Bolt. The primary goal of the proposed directive on the matter is to correctly define the relationship between those providing work and the platform.

According to the draft, any individual or legal entity that provides commercial services and simultaneously meets the following three conditions is considered a digital online platform:

• It is made available, at least in part, to remote users electronically (e.g. through a website or app),
• The service is provided at the request of the service recipient,
• A necessary or essential part of the service is the work performed by an individual, whether done online or onsite.

The draft envisages a presumption of the existence of an employment relationship between the person performing the work and the online platform, regardless of the type of contract between the parties. A condition of the presumption is that the platform controls the performance of the work, including, among other things, actually determining or limiting the level of remuneration, requiring a certain dress code or a certain behaviour towards the recipient of the service. The presumption is not absolute. Both parties will be able to challenge it.

The draft directive has received widespread support as a tool to combat bogus self-employment, while guaranteeing protection for those who are actually self-employed. However, employers point out that the scope of the proposed directive is too broad. We are monitoring the developments regarding the draft on an ongoing basis.

Find more in the PRO HR June 2023