The Platform Work Directive aims to ensure that people performing platform work have their employment status classified correctly and to correct bogus self-employment. The agreed text also introduces the first ever EU rules on algorithmic management and the use of artificial intelligence in the workplace.

Employment status

The new law introduces a presumption of an employment relationship (as opposed to self-employment) that is triggered when facts indicating control and direction are present, according to national law and collective agreements in place, as well as taking into account the case law of the European Court of Justice.

The directive obliges EU countries to establish a rebuttable legal presumption of employment at national level, aiming to correct the imbalance of power between the platform and the person performing platform work. By establishing an effective presumption, member states will make it easier to correct bogus self-employment.

The burden of proof lies…