The directive on improving working conditions through online platforms sets forth criteria indicating when a digital labour platform should be considered to control the performance of work, and the fulfilment of at least two of the following five criteria results in a presumption of an employment relationship:

• setting salary caps,
• undertaking to comply with binding rules regarding the appearance or performance of work,
• supervising the performance of work or verifying its quality,
• restricting the freedom to organize work (including in terms of choosing working hours, periods of absence, accepting and rejecting tasks),
• restricting the possibility to expand the customer base or perform work for third parties.

It will be possible to rebut such a presumption, but the burden of proving the absence of an employment relationship will be on the digital labour platform. 

The EU directive will apply to digital platforms, regardless of where they operate, if work through them is performed in the EU. 

Once the directive enters into force (which should happen in the coming months), Poland will have two years to implement it.
 

Find more in the PRO HR April 2024.