Determination of the status of a person who performs platform work

Abstract

The article examines the current challenges to the regulation of labour relationships arising from digitalization. The characteristics of digital labour platforms, which are a hybrid form between a job placement intermediary and a digital employer, are indicated. The subject matter and scope of Directive (EU) 2024/2831 are examined, indicating three main areas in which regulation of digital labour platforms in the European Union are indicated. From the point of view of labour law, the main goal of the regulation of digital labour platforms is determination of correct employment status of the person performing platform work. The problems of bogus self-employment and the need to clearly define the type of legal relationship in a platform work are analysed. The elements included in the definition of a platform worker are specified. National law and practice are examined regarding the definition of a worker and regarding the procedure for declaring the existence of a labour relationship. The case law of the Court of Justice of the European Union in relation to the concepts of employment relationship and worker is summarized. The need to carry out a comprehensive assessment of the real situation of the parties to the legal relationship is indicated, considering the possible legal and economic dependence, to determine whether there is a labour relationship and, accordingly, a status of the platform worker.